1.           Introduction and how these Terms apply

1.1.    Trident Property Advisory Pty Ltd (ACN 074 003 991) (Trident, we, us or our) provides this online investor portal (Investor Portal) for investors to consider, apply for, and monitor the performance of investment opportunities established, managed or administered by Trident Funds Management Pty Ltd (ACN 113 469 006), the holder of Australian Financial Services Licence No. 298979 (Licensee), or another company in the Trident Group (each a Trident Group Company) (each an Offer).

1.2.    When we refer to “you” or “your” in these terms and conditions (Terms) we are referring to you, as the person using the Investor Portal or our related online fund management services (Services), including (where applicable) any investment entity you nominate to act on your behalf through the Investor Portal (Investment Entity).

1.3.    These Terms apply to you (and are legally binding) when you access and/or use the Investor Portal.

1.4.    These Terms govern your access to and use of the Investor Portal only. Each Offer will have its own specific terms and conditions, as set out in an information memorandum or equivalent document (Offer Governing Document) and the other agreements, deeds or disclosures relevant to the Offer (together, the Offer Terms). In the event of any inconsistency between these Terms and the Offer Terms for a particular Offer, the Offer Terms will prevail.

1.5.    The Licensee is a party to these Terms and, along with any other Trident Group Company which may provide you services from time to time, is entitled to the benefit of any protections, indemnities or limitations of liability that we have under them.

1.6.    If you have any questions in relation to these Terms, the Investor Portal or the Services, you can contact us at invest@tridentproperty.com.au.

2.           Changes to these Terms

2.1.    We may change these Terms at any time and will publish the amended Terms on the Investor Portal. We do not need to give you notice of changes that benefit you or that do not materially reduce the benefit of the Investor Portal. For any other change, we will give you reasonable notice (taking into account the circumstances). Notice will be given by either providing a message directly to you (by email) or by posting a general notification on the Investor Portal. If you keep using the Investor Portal or our Services after the notification is provided or posted, you will be deemed to have accepted the changes. If you don't accept any changes, you must not create a User Account and/or must notify us and cease using the Investor Portal and Services immediately.

3.           We do not give financial advice

3.1.    We do not give any recommendation or opinion as to whether you should use our Services or make any investment through the Investor Portal.

3.2.    We are not providing you with any legal, taxation, financial or other advice about the suitability or appropriateness of any Offer made available through the Investor Portal.

3.3.    Before making an investment, you must read the Offer Terms and consider and assess whether the investment is suitable for you, having regard to your financial circumstances and tolerance to risk. You should seek any independent financial, legal and/or tax advice you need before you invest or make any decision in relation to an Offer.

3.4.    You need to make your own decision about whether any Offer is right for you. We don't have all the information about you or your individual financial situation and we are not providing you with any personal financial advice.

4.           Risks

4.1.    You acknowledge that there are risks in using the Investor Portal and our Services, and in making investments. These include, but are not limited to, those set out below.

Investment risks

4.2.    Past performance is not a reliable indicator or guarantee of future performance. Making an investment involves risk and you can experience financial loss, including the entire value of your investment.

4.3.    Once you have completed and finalised an investment, you will not be able to reverse it and get your money back.

4.4.    We make no warranties or representations as to the future value of any investment and, to the extent permitted by law, accept no liability (of any form) for any change in value to your investment.

4.5.    Different Offers will be treated differently for tax purposes. In all cases, you should seek your own independent tax advice to understand your obligations.

Processing risks

4.6.    There is a risk that your proposed transaction cannot be settled or is delayed at settlement, that processing times differ for each transaction, or a transaction may be incorrectly processed. These risks can result from, amongst other issues:

4.6.1.user error when providing transaction details;

4.6.2.an error in delivering the consideration for a transaction;

4.6.3.high transaction volume on the Investor Portal; and

4.6.4.a failure in the Investor Portal's processing systems.

Technological risks

4.7.    Any networks and software, whether proprietary or third-party, connected directly or indirectly to the Investor Portal, may be subject to technical weaknesses, bugs, system failures, or hacks by external parties.

4.8.    Hackers are sophisticated, and you may also be targeted by 'phishing' attacks or other scams, including where third parties masquerade as our website, social media account, email support address or any of our other applications in order to steal your credentials. You should only access the Investor Portal through its official URL. Never click on a link or download an application from a third party. We strongly recommend that you keep your credentials and password secure to prevent unauthorised account use. Your password should be unique to the Investor Portal and should never be shared with any other person, or stored insecurely on any personal device.

4.9.    We will make reasonable efforts to notify users in the event the Investor Portal, or a specific part of the Investor Portal, has been subject to a technical weakness, bug, system failure, or hack.

Cyber security generally

4.10.  The transmission of information over the internet (including to or from the Investor Portal) is not completely secure or error free. You should stop transacting if it becomes clear there has been a breach of security, or a system failure exists that poses a risk to security (such as malware, ransomware or phishing).

5.           Your User Account

5.1.    To use the Investor Portal and our Services you will need to register and create a user account (User Account).

5.2.    You may only create a User Account if:

5.2.1.            you are at least 18 years old;

5.2.2.            you provide accurate and complete information as required by our User Account creation process, including a valid email address (which you control) and a unique and robust password; and

5.2.3.            subject to our Privacy Policy, you consent to us contacting you about your User Account (including to verify the details you have provided) or the Investor Portal or Services.

5.3.    Creating a User Account does not automatically qualify you to make investments via the Investor Portal. Certain Offers will remain subject to restrictions based on their nature, applicable law, or the jurisdiction of investors. You may only be able to invest where we are satisfied that we are legally able to let you do so, and this is in our sole discretion.

5.4.    You agree that you will create only one User Account and will not register as a user under multiple personas (whether false or not).

5.5.    You must ensure that the information relating to your User Account is accurate and up to date (including your contact details).

5.6.    It is your responsibility to maintain the confidentiality, security and control of any information (including your passwords) or devices (such as mobile phones, tablets or laptops) required to access your User Account.

5.7.    You must exercise all reasonable care to ensure the safety of your User Account to prevent loss, theft and unauthorised or fraudulent use. Without limiting this, you agree that you will:

5.7.1.            ensure the password you use for your User Account is not the same as that which you use for any other purpose;

5.7.2.            not share your password, login information or other security-related information with any other person that may allow them to access your User Account;

5.7.3.            not permit or enable any other person to use or access your User Account; and

5.7.4.            not leave your User Account open when not in use by you.

5.8.    If you become aware or suspect that your login and password to the Investor Portal have been compromised in any way, or that there has been, or may be, unauthorised use of your password or User Account, you agree that you will immediately change your password and notify us.

5.9.    You understand that anyone accessing your User Account will be able to make investments using your User Account, and that we have no obligation to verify any instruction received from you or appearing to be sent by you. You are solely responsible for the activity that occurs on your User Account.

6.           Making an Investment

6.1.    We may, but are not required to, make Offers available for investment on the Investor Portal.

6.2.    Where an Offer is open for investment on the Investor Portal, you may apply to invest by submitting an investment application on the Investor Portal (Investment Application).

6.3.    By making an Investment Application, you warrant and confirm that you have read, understood and accept all Offer Terms available through the Investor Portal in relation to the Offer, including by obtaining independent advice (if required) on the particular Offer.

6.4.    Your investment in a particular Offer is conditional upon you:

6.4.1.            submitting an Investment Application (in respect of that particular Offer);

6.4.2.            meeting any preconditions to invest in the Offer;

6.4.3.            completing any additional documentation we may require from you, in our sole discretion; and

6.4.4.            paying the full amount committed in the Investment Application (or such lesser amount as we may specify) in cleared funds by the payment deadline.

6.5.    You acknowledge and accept that:

6.5.1.            once submitted, your Investment Application is binding and irrevocable on you;

6.5.2.            any certificate, document, and supporting information you provide to us will also be given to, and can be relied on by, the Licensee and any relevant Trident Group Company (where applicable); and

6.5.3.            for the purposes of the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 (Qld), you are bound by any agreement reached with us through electronic means.

6.6.    We may, at our discretion:

6.6.1.            accept or reject your Investment Application;

6.6.2.            issue you with fewer units or interests than you applied for in your Investment Application (in which case we will refund any investment monies we have not accepted from you);

6.6.3.            meet some or all of your Investment Application with units or interests held by an underwriter or an existing investor (in which case we will fill your Investment Application by a transfer of units or interests);

6.6.4.            require you to provide any further information or documents; and

6.6.5.            amend any of the Offer Terms.

6.7.    By submitting an Investment Application:

6.7.1.            you unconditionally and irrevocably agree to be bound by the Offer Terms for the relevant Offer, including through electronic means;

6.7.2.            you represent and warrant that all information you have provided to us (whether through the Investor Portal or otherwise) is true, correct and complete, and that, to the extent permitted by law, any errors in that information are at your risk and we do not accept responsibility or liability for those errors;

6.7.3.            you represent and warrant that you have read and accepted the Offer Terms;

6.7.4.            you unconditionally and irrevocably authorise, and appoint us as your attorney to execute, any document required by the Offer Terms on your behalf (if required);

6.7.5.            you accept that we have the right not to exercise the powers referred to above; and

6.7.6.            you indemnify and hold us harmless against all claims, costs, expenses or losses incurred by us (including all legal costs) arising directly or indirectly from our valid exercise of the powers referred to above.

7.           Compliance with laws

7.1.    As a condition of your access to, or continued use of, the Services or the Investor Portal, we may require you or any person connected to you (such connection determined by us at our discretion) to answer, provide or otherwise confirm the truth, accuracy and completeness of any information or document we may request, at our discretion, for the purpose of our compliance with any law, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act).

7.2.    We may, at our discretion, immediately and indefinitely refuse your access to the Services or the Investor Portal, without prior notice, if we have reason to believe (at any time) that:

7.2.1.            any communication, information or document you or any person connected to you has provided, or procured the provision of, is not materially true or accurate, or is no longer materially true or accurate;

7.2.2.            we are required by law to refuse your access to the Services or the Investor Portal;

7.2.3.            your use of the Services or the Investor Portal may result (or has resulted) in us breaching any law or incurring any liability, including under the AML/CTF Act; or

7.2.4.            your use of the Services or the Investor Portal may result (or has resulted) in you breaching any law.

7.3.    To the extent permitted by law, we will not be liable for any loss, of any form, resulting from your inability to access our Services or the Investor Portal.

8.           Privacy and Data Collection

8.1.    Our Privacy Policy (available on the Investor Portal) sets out how we collect, use and store your personal information in connection with your access and use of the Investor Portal and our Services. By creating a User Account and/or accessing or using the Investor Portal or Services, you agree and consent to the collection, use, storage, disclosure and distribution of your personal information in accordance with our Privacy Policy.

9.           Confidentiality

9.1.    Any information made available to you through the Investor Portal, including in relation to an Offer, is provided on a confidential basis. You must not disclose, reproduce, distribute or otherwise make available any such information, in whole or in part, to any other person without our prior written consent, except to your own professional advisers for the purpose of obtaining advice on a potential investment.

9.2.    You acknowledge that unauthorised disclosure of confidential information made available through the Investor Portal may cause significant harm to us, the Licensee, an Offer, or other investors, and agree to take reasonable steps to prevent such disclosure.

10.        Jurisdiction and overseas investors

10.1.  The Investor Portal and the Offers made available on it may be made available to persons located outside Australia (each a Foreign Investor). Information made available on the Investor Portal has not been tailored to the specific investment, financial, tax or legal needs of any Foreign Investor, and does not constitute an offer or invitation in any place in which, or to any person to whom, it would be unlawful to make such an offer or invitation.

10.2.  If you are a Foreign Investor, you are responsible for satisfying yourself that your participation in an Offer complies with the laws of the jurisdiction in which you are located, including any foreign investment, securities, tax or exchange control laws, and we accept no responsibility for any breach by you of any such laws.

10.3.  If you access the Investor Portal from outside Australia, it is your responsibility to ensure compliance with the laws of the jurisdiction from which you are accessing the Investor Portal, and we accept no responsibility for any breach by you of any such laws.

10.4.  We may, at our discretion, refuse to accept an Investment Application from a Foreign Investor, or require a Foreign Investor to provide additional information, certifications or documentation (including as to their eligibility to invest under the law of their jurisdiction), where we consider this reasonably necessary to comply with applicable law or to manage our regulatory risk.

11.        Your use of the Investor Portal and Services

11.1.  You continually warrant to us that:

11.1.1.         you are a bona fide user of the Investor Portal and the Services for the purposes of making investments;

11.1.2.         you are legally permitted to enter into these Terms;

11.1.3.         you are not legally precluded from using the Investor Portal and/or our Services; and

11.1.4.         you are not an associate of any other investor in relation to a potential investment.

11.2.  You acknowledge and agree that we are not acting as your agent for any purpose.

11.3.  You acknowledge that Investment Applications are processed through the Investor Portal in accordance with your instructions, and you should carefully verify all instructions before making any investment. If there is an error in those instructions, that is at your risk and we do not accept responsibility or liability for those errors.

11.4.  When using the Investor Portal and Services, you agree that you will comply with all applicable laws. Without limiting this, you will not use the Investor Portal or the Services to engage in any restricted, unlawful or criminal activities, including:

11.4.1.          financing terrorist organisations;

11.4.2.          money laundering;

11.4.3.          illegal gambling;

11.4.4.          theft or fraud;

11.4.5.          Ponzi or pyramid schemes; or

11.4.6.          computer hacking.

11.5.  You agree you will not do anything that may directly or indirectly interfere with or negatively affect the operation of the Investor Portal, the Services, or other users' use and enjoyment of them. Without limiting this, you will not:

11.5.1.         attempt to access any User Account, or the data or investments associated with any User Account, other than your own;

11.5.2.         interfere with or attempt to impair the Investor Portal or our Services, or transmit software viruses, worms or other harmful files or malware;

11.5.3.         attempt to decipher, decompile, disassemble or reverse engineer, copy, replicate, publish, broadcast, frame, deep link to, or otherwise distribute any of the software, databases or information used to provide the Investor Portal or Services;

11.5.4.         use any robot, spider, scraper, deep link or other automated data gathering or extraction tool, program, algorithm or methodology to access, copy or monitor the Investor Portal or our Services;

11.5.5.         modify, reroute, or gain access to the Investor Portal or our Services other than as permitted by these Terms;

11.5.6.         post or upload any content that contains viruses, or that infringes any third party's rights, privacy or intellectual property;

11.5.7.         use the Investor Portal or our Services to breach any law or regulation, or to harm any other person or entity;

11.5.8.         use the Investor Portal or the Services for any illegal, immoral, indecent or inappropriate purpose; or

11.5.9.         use systematic, repetitive or other methods designed to generate or obtain repeated amounts of data or other information from or to the Investor Portal, or which may otherwise place an unreasonable load on its infrastructure, including any attempt to perform such an action.

11.6.  You will not use the Investor Portal or Services for purposes competitive to the Investor Portal, the Services, or our business, or which would otherwise be detrimental or prejudicial to our interests in any way.

11.7.  You will comply with all applicable security guidelines and procedures required and made known to you by us.

12.        Charges and Payment

12.1.  You agree to promptly pay all fees, charges and commissions in connection with your use of the Services and the Investor Portal, and your investment in an Offer, as set out on the Investor Portal and/or the relevant Offer Terms. You agree to pay any GST or other tax in relation to any investment.

13.        Links to third parties

13.1.  The Investor Portal and Services may contain links to third party websites, services and content. When you access these, you do so at your own risk. We do not verify or endorse any third party capability or content and are not responsible for what is contained at such third party locations.

14.        Intellectual property

14.1.  You agree that all right, title and interest (including all copyright, trade marks, service marks and other intellectual property rights of any kind, whether registered or unregistered) in the Investor Portal or Services (whether present or future) belong to us and/or our licensors, as applicable. Except as permitted under the Copyright Act 1968 (Cth) or as otherwise expressly permitted by these Terms, you must not reproduce, adapt, distribute, publish or transmit any material from the Investor Portal without our prior written consent.

14.2.  When using the Investor Portal or the Services, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Investor Portal and Services only as required for your use of the Investor Portal or the Services as expressly permitted by these Terms.

14.3.  You may only download and print information from the Investor Portal for your own personal or internal business purposes related to your use of the Investor Portal or the Services.

14.4.  We are permitted to gather information, subject to complying with our Privacy Policy and applicable privacy laws, relating to use of the Investor Portal and Services by our users (including you), including details relating to the frequency, volume and nature of transactions undertaken via the Investor Portal. We gather this information for the purposes of understanding, tuning and promoting the Investor Portal and Services.

14.5.  You accept that any investment strategy, methodology or practice you may employ in using the Investor Portal or Services may be discovered and disclosed by us, and you grant us a non-exclusive, transferable, royalty-free, irrevocable, sub-licensable and worldwide licence to distribute, exploit, translate and create derivative works from any such methodologies or practices, without attribution to you.

14.6.  We reserve all right, title and interest not expressly granted under this licence, to the fullest extent possible under applicable law.

15.        Termination

15.1.  You may at any time, for any reason, close your User Account by contacting us and requesting that your User Account be closed.

15.2.  We may refuse to create a User Account for you, or we may close your User Account and terminate, suspend or modify your access to the Investor Portal or Services without giving prior notice to you where we consider we have good cause. Without limiting this, we may do so in the following circumstances:

15.2.1.         you breach these Terms;

15.2.2.         you impersonate another person or provide false information when creating a User Account;

15.2.3.         we receive a serious complaint, or multiple complaints, about you from any other person;

15.2.4.         we consider your conduct, directly or indirectly, puts us, the Investor Portal or any other person at risk;

15.2.5.         we deem your behaviour to be unacceptable;

15.2.6.         we consider your conduct may bring us into disrepute or adversely affect our reputation or that of any other user;

15.2.7.         we consider that your continued use of the Investor Portal or Services may result in a breach of law by us (or any of our licensors or service providers), or will otherwise detrimentally affect our reputation (or that of our licensors or service providers); or

15.2.8.         we receive a request from a law enforcement or government agency to do so.

15.3.  We may discontinue providing the Investor Portal and the Services for any reason, and where we do so we will notify you.

15.4.  In the event your User Account is closed and/or either party terminates these Terms:

15.4.1.         we may immediately do anything required to deny your access to the Investor Portal;

15.4.2.         any amounts you are required to pay us (whether or not then due) must be immediately paid to us;

15.4.3.         we may set off any amounts payable to you in connection with your User Account or your use of the Investor Portal and Services (including any cash proceeds from the liquidation of your investments) against any amounts payable by you in connection with your User Account (including any fees or charges you must pay us); and

15.4.4.         we may, at our discretion, if we have reason to believe doing so may cause any risk to us (including financial risk), other users, the Investor Portal or our Services, delay making any payment to you until we believe such risk has dissipated.

16.        Warranties and disclaimers

16.1.  To the extent permitted by law, and except for any Non-excludable Rights, we make no warranty or representation (express or implied) about the Investor Portal or Services, including no warranty that use of the Investor Portal and Services will be:

16.1.1.         uninterrupted, secure, or error-free (including free from viruses, vulnerabilities or other malicious code);

16.1.2.         of any quality (including merchantable quality), fit for a particular purpose, or non-infringing; or

16.1.3.         compatible with your device.

16.2.  You acknowledge that the Investor Portal may not contain all information you require to evaluate whether to make an investment. We do not warrant the accuracy or correctness of information displayed on the Investor Portal and give no warranties, guarantees, or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information displayed on the Investor Portal.

16.3.  The Offers displayed on the Investor Portal contain general information and do not take into account your personal financial situation or investment objectives. You should not interpret any Offer you receive as being appropriate for you or as constituting personalised financial advice.

16.4.  By using the Investor Portal and Services, you accept that it is your responsibility to determine whether, and to what extent, any taxes apply to any investments you make.

16.5.  You warrant that you will at all times comply with all relevant laws and regulations in your access and use of the Investor Portal and the Services, provide true, accurate and complete information, and cooperate in any investigation relevant to your use of the Investor Portal and/or the Services.

17.        Liability

17.1.  The exclusions and limitations in these Terms apply whether any claim or liability arises in contract, tort (including for our negligence), breach of statutory duty, or any other cause of action.

17.2.  To the fullest extent permitted by law, we are not liable to you (or any of your Investment Entities) for any loss, cost, liability, claim, expense or damage (including direct or indirect, special, incidental, consequential or exemplary) (Loss) arising from or in relation to:

17.2.1.         your use of the Investor Portal or Services and your investment decisions;

17.2.2.         corruption or loss of data or other information;

17.2.3.         malware that may be transmitted to your computer by use of the Investor Portal;

17.2.4.         negligent, malicious or wilful acts or omissions of third parties;

17.2.5.         telecommunications unavailability, interruption, delay, failure or fault;

17.2.6.         our decision to change, modify, suspend or discontinue the Investor Portal or Services or your User Account;

17.2.7.         maintenance or repairs carried out by us or any third party service provider in respect of any systems used in connection with the provision of the Investor Portal or Services;

17.2.8.         any events beyond our reasonable control;

17.2.9.         any decision to withdraw an Offer; or

17.2.10.       any decision to amend any Offer Terms,

17.3.  Except to the extent such Loss arises directly and solely as a result of our negligence or fraud, the exclusions in this clause 17 apply in full.

17.4.  To the fullest extent permitted by law, we are not liable for any:

17.4.1.         loss of profit or any loss of opportunity;

17.4.2.         loss of sales or business;

17.4.3.         loss of production;

17.4.4.         loss of agreements or contracts;

17.4.5.         loss of an Offer;

17.4.6.         loss of anticipated savings;

17.4.7.         loss of or damage to goodwill;

17.4.8.         loss of reputation; or

17.4.9.         loss of use or corruption of software, data or information.

17.5.  Our maximum liability to you in connection with any and all Loss arising from your use or inability to use the Investor Portal or Services, under contract, tort (including for our negligence) or any other cause of action, will not exceed the total fees you have paid or are liable to pay to us in connection with your legitimate use of the Investor Portal and our Services over the preceding 12 months.

17.6.  Without limiting the generality of the above, we are not responsible for any Offer made available to you via the Investor Portal or the Services. Offers (and any information made available in respect of them) are governed by the relevant Offer Terms. You agree that we are not responsible or liable for any loss or damage you may suffer or incur in connection with any Offer, the Offer Terms, or any investment you make via the Investor Portal. It is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to invest in any Offer.

17.7.  Nothing in these Terms is intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation which may not be excluded, restricted or modified by agreement (Non-excludable Rights). To the extent that we may not, as a matter of applicable law, disclaim any Non-excludable Right, the scope and duration of such warranty will be the minimum permitted under such law.

17.8.  Where the Competition and Consumer Act 2010 (Cth) or any other applicable law implies a guarantee, warranty, term or condition into these Terms that cannot be excluded, but our liability for breach of which can be limited, our liability for that breach is limited (at our option) to, in the case of the Services, supplying the Services again or paying the cost of having the Services supplied again.

18.        Indemnity

18.1.  You indemnify us, the Licensee, and each of our and their respective officers, employees, agents and advisers, and agree to hold us harmless, against all claims, actions, demands, losses, costs and expenses (including legal costs) arising out of or in connection with:

18.1.1.          your breach of these Terms;

18.1.2.          your use of the Investor Portal or the Services;

18.1.3.          any information or document you provide to us being false, misleading or incomplete;

18.1.4.          your infringement of any intellectual property, privacy or other right of a third party; or

18.1.5.          any unlawful, negligent or wilful act or omission by you,

18.2.  Except to the extent that the claim, action, demand, loss, cost or expense arises directly from our negligence or fraud, this indemnity applies in full.

19.        General

19.1.  You may not assign, transfer or sub-contract any of your rights or obligations under these Terms.

19.2.  We may provide you with notices, including notices relating to these Terms, by way of electronic communications, including by email or other electronic communication through the Investor Portal.

19.3.  If any part of these Terms is, or becomes, legally invalid or unenforceable, that part will be removed or amended as necessary, and the remainder of these Terms will continue to apply.

19.4.  If we do not exercise or enforce any right available to us under these Terms, that does not constitute a waiver of that right.

19.5.  Any reference to any document, including these Terms, includes a reference to that document as amended or replaced from time to time. A reference to an enactment or regulation is a reference to that enactment or regulation as amended or substituted, and a reference to an enactment includes regulations made under that enactment.

19.6.  These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of Queensland, Australia, except to the extent that a matter is governed by a law of the Commonwealth of Australia, in which case that Commonwealth law applies. These Terms are subject to the exclusive jurisdiction of the courts of Queensland, Australia.

19.7.  These Terms (including our Privacy Policy) constitute the whole agreement and understanding between you and us in relation to your use of the Investor Portal and Services. By using the Investor Portal and/or Services, you consent and agree to the processing of your personal information and our use of cookies in accordance with them. Except in the case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms, or your use of the Investor Portal or Services, are superseded, except as otherwise expressly stated in these Terms

20.        Definitions

20.1.  In these Terms, unless the context otherises requires, the following definitions apply. Terms used but not defined here have the meaning given to them elsewhere in these terms.

AFSL | Australian Financial Services Licence.

AML/CTF Act | The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

Australian Consumer Law | Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Corporations Act |The Corporations Act 2001 (Cth).

Foreign Investor | An investor located outside Australia, as described in clause 10.

Investment Application | An application to invest in an Offer, submitted through the Investor Portal, as described in clause 6.

Investment Entity | Any investment entity you nominate to act on your behalf through the Investor Portal.

Investor Portal | The online investor portal operated by Trident, as described in clause 1.

Licensee | Trident Funds Management Pty Ltd (ACN 113 469 006), the holder of AFSL No. 298979.

Loss | Has the meaning given in clause 17 (Liability).

Manager or Trident or TPA | Trident Property Advisory Pty Ltd (ACN 074 003 991), an authorised representative of the Licensee.

Non-excludable Rights | Has the meaning given in clause 17 (Liability).

Offer | An investment opportunity made available through the Investor Portal.

Offer Governing Document | The information memorandum or equivalent document for a particular Offer.

Offer Terms | The Offer Governing Document and the other agreements, deeds or disclosures relevant to a particular Offer.

Privacy Policy | Trident's privacy policy, available on the Investor Portal.

Services | Our related online fund management services made available in connection with the Investor Portal.

Terms | These terms and conditions, as amended from time to time in accordance with clause 2.

Trident Group | Trident Property Advisory Pty Ltd, the Licensee, and their respective related bodies corporate.

Trident Group Company | Any company forming part of the Trident Group.

User Account | The user account you register and create to use the Investor Portal and Services, as described in clause 5.

We, us, our | Trident Property Advisory Pty Ltd (ACN 074 003 991).

You, your | The person using the Investor Portal or the Services, including (where applicable) any Investment Entity nominated to act on their behalf.