Terms and Conditions

By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (T&C’s). If you do not agree to these T&C’s, please do not use this site. Use of our website is in accordance with the conditions below and you accept these conditions by using the website.

1. GOVERNING LAW

ESIC Directory controls and operates this site from ESIC Directory offices within Australia. These T&C’s are governed by the laws of the State of New South Wales. You and ESIC Directory agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

2. REVISIONS TO T&C’S

ESIC Directory may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised T&C’s.

3. SITE CONTENT, OWNERSHIP, AND USE RESTRICTIONS

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by ESIC Directory and ESIC Directory related companies, affiliates, licensors and licensees.

4. ADVERTISING & LINKS TO THIRD PARTY WEBSITES

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of ESIC Directory and ESIC Directory is not responsible for the contents of any such information or website. ESIC Directory provides such information and hyperlinks to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked website by ESIC Directory. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.

​5. PROHIBITED CONDUCT

You are not authorised, without the prior written permission of ESIC Directory and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by ESIC Directory may be used without our prior, specific, written permission or that of the trademark owner. You must not display, copy, distribute, download, or print in hard copy any portions of this site. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s. Accessing the ESIC database is limited to investors who are wholesale as defined by s708 of the Corporations Act. 

6. LICENCE TO USE

You grant ESIC Directory an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to ESIC Directory from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

7. USER CONDUCT

You must not upload, post, transmit or otherwise make available through this site any material which: violates or infringes the rights of others (including their privacy and intellectual property rights); is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit ESIC Directory or any other user from using the site; affects the functionality or operation of the site or ESIC Directory servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require ESIC Directory to take remedial action under any applicable industry code.

8. INDEMNITY

You agree to indemnify and will keep ESIC Directory indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by ESIC Directory in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.

9. DISCLAIMER

To the extent permitted by law, ESIC Directory will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; or (2) a failure or omission on the part of ESIC Directory to comply with ESIC Directory’s obligations under these T&C’s.

10. LIMITATION OF LIABILITY

Our total liability to you (if any) in connection with this site, or with these T&C’s or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; and/or (2) the amount paid by you (if any).

11. DISCLAIMER OF WARRANTY

ESIC Directory is providing this site and ESIC Directory contents on an ‘as is’ basis and use of this site is at your own risk. ESIC Directory and ESIC Directory related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, ESIC Directory expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

12. RIGHTS WE CANNOT EXCLUDE

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

13. TERMINATION

Your ability to use this website may be terminated by ESIC Directory at any time without notice. All restrictions, licences granted by you and limitations of ESIC Directory’s liability will survive termination.

14. LIABILITY

You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify ESIC Directory in connection with any use (whether authorised or unauthorised of your user name or password).

15. ENTERPRISES/BUSINESS OPERATORS & INVESTORS

These T&Cs govern the general use of our Website. In the event that you wish to disclose either (a) details pertaining to your business for the purpose of obtaining funds from a third party; or (b) your details for the purpose of investing in another business or enterprise, then you will be required to enter into a formal Agreement with ESIC Directory which will govern that relationship and the confidential nature of the information provided by all parties.

16. ERRORS

ESIC Directory cannot ensure that all information on this website is accurate at the time of publication and ESIC Directory provides no guarantees, warranties or undertakings that the information contained on this website is accurate, complete or up-to-date. There may be errors on this website for which ESIC Directory apologises and disclaims all liability.

17. VIRUSES

This website is not guaranteed to be free from viruses or anything else that may interfere with or damage the operations of your computer systems. Your use of this website is at your own risk.

18. NO INVESTMENT ADVICE

The information in this website is for general information only. The information is not investment advice and must not be relied upon as such. You must obtain professional investment advice tailored to your specific circumstances and needs prior to making any investment decisions.

19. PRIVACY POLICY

ESIC Directory complies with the National Privacy Principles under the Privacy Act 1988 (Cth).

20. ESIC STATUS

The ESIC tax status service is provided to the company based entirely on disclosures by that entity and its agents. The status service is for general ESIC tax purposes only, without taking into account any potential investors’ tax poisition, personal objectives, financial situation or needs. It cannot be relied upon by the recipient or any other user when in considering the applicability of an investment in the company nor the personal applicability of potential tax incentives for investors in Early Stage Innovation Companies (ESIC). Nothing on this website constitutes specific investment, legal, tax accounting or other advice. You must consider your own taxation situation, financial circumstances, objectives and needs and conduct your own independent investigation and assessment on the applicability of potential tax incentives.

It is stronly advised that you engage with your accountants, lawyers and the Australian Tax Office (ATO).

For the avoidance of doubt, the onus is on the investor (by way of self assessment) to confirm by independent means to these pages, that a company qualifies as an ESIC at the relevant test time. 

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