Website Terms of Use

Set out below are the terms and conditions for the websites operated by Regional Industrial Services Exchange PTY. LTD. (ABN 80 617 242 869), trading as Rise-X ('Regional Industrial Services Exchange', 'Rise-X', 'us', 'we' or 'our'). These terms and conditions (the 'Terms') govern your access to and use of our websites and services.

By accessing, creating an account with or placing or accepting a request for services via our website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not wish to agree to these terms and conditions, you must not access, create an account with or place or accept a request for services via our website.

1.1 Welcome to www.rise-x.io (the 'Website'), a website which facilitates the connection of:

• Independent entities and or individuals looking for sellers of industrial products or services (the 'Receiver'), making a purchase; and

• Independent entities and or individuals selling industrial products or services (the 'Provider'), making a sale.

1.2 The Website is operated by Regional Industrial Services Exchange PTY. LTD., trading as Rise-X (ABN 80 617 242 869). Access to and use of the Website, or any of its associated Products or Services, is provided by Regional Industrial Services Exchange. Please read these Terms carefully. By using the Website, you signify that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, do not use this Website. For any questions and notices, please contact us at: connect@rise-x.io. Our Privacy Policy is available at: www.rise-x.io/privacy-policy.

1.3 Regional Industrial Services Exchange reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Regional Industrial Services Exchange updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1.4 When a Receiver engages a Provider via the Website, a contract is formed between the Provider and the Receiver. Regional Industrial Services Exchange is not a party to that contract; however, Regional Industrial Services Exchange may facilitate payment between the parties.

You accept the Terms by registering for the Services and/or making any payment as required under the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Regional Industrial Services Exchange in the user interface. If you are an entity or business, the person accepting these Terms on your behalf represents and warrants they have authority to bind that entity.

3.1 In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website registration process (Member Account).

3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• an email address

• preferred username

• a mailing address

• a telephone number

3.3 You warrant that any information you give to Regional Industrial Services Exchange in the course of completing the registration process will always be accurate, correct and up to date.

3.4 Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (if applicable) or until terminated in accordance with these Terms.

3.5 You may not use the Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Regional Industrial Services Exchange; or

• you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4.1 As a Member, you agree to comply with the following:

• you will not share your profile with any other person;

• you will use the Services only for purposes that are permitted by: the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

• you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Regional Industrial Services Exchange of any unauthorised use of your password or email address or any breach of security of which you have become aware;

• you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

• any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and true;

• you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interactions between Members are possible on the Website) or engage in any other threatening behaviour;

• access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Regional Industrial Services Exchange providing the Services;

• you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Regional Industrial Services Exchange;

• you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

• you agree not to engage in any activity that directly or indirectly interferes or upsets the operation of the Website or any other server, network, system or equipment associated with the Website or the Services;

• you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Regional Industrial Services Exchange for any illegal or unauthorised use of the Website; and

• you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.1 Receivers who wish to obtain goods or services from a Provider must create a job request setting out the nature of the goods or services they require (the 'Request'). When creating the Request, the Receiver must include such details as requested by Regional Industrial Services Exchange from time to time.

5.2 Providers may respond to open requests placed by the Receiver via their member portal. When responding to a Request, the Provider will submit a quote, providing details of the works and associated costs. The Receiver may then select a Provider from those that have submitted a quote.

6.1 Payment for goods or services supplied via the Website must be collected via the Website. Payment received outside of the Website will not be covered by the protections provided under these Terms.

6.2 All payments made in the course of your use of the Services are made using Stripe ('Stripe'). In using the Website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Stripe Terms and Conditions of Use, Privacy Policy and other relevant legal instruments. These are available at stripe.com.

6.3 We reserve the right to change our fees at any time.

7.1 Since Regional Industrial Services Exchange provides a payment facilitation service only, Regional Industrial Services Exchange cannot provide any warranty with respect to the products or services supplied by Providers. Regional Industrial Services Exchange does not take responsibility for, and is not liable to you in respect of, any claims or damages which may arise in relation to the performance of any products or services by a Provider. Any dispute regarding any products or services must be handled directly between the Receiver and the Provider.

7.2 Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider, the Receiver must:

• contact the Provider directly to request a refund; and

• if contacting the Provider is not successful after fourteen (14) days, contact Regional Industrial Services Exchange via the Website for assistance.

7.3 If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees to:

• provide both the Request Form and the email from the Receiver requesting the refund to Regional Industrial Services Exchange.

7.4 Both the Receiver and Provider agree that they will comply with the Refund Policy contained in these Terms.

8.1 The Website, the Services and all of the related products of Regional Industrial Services Exchange are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Regional Industrial Services Exchange or its contributors.

8.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Regional Industrial Services Exchange, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:

• copy and store the Website and the material contained in the Website in your device's cache memory; and

• print pages from the Website for your own personal and non-commercial use.

8.3 Regional Industrial Services Exchange does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Regional Industrial Services Exchange.

8.4 Regional Industrial Services Exchange retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you:

• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design (whether registered or unregistered); or

• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

8.5 You may not, without the prior written permission of Regional Industrial Services Exchange and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8.6 Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Regional Industrial Services Exchange a non-exclusive, royalty-free, perpetual, worldwide, irrevocable licence to use, distribute, reproduce, modify, adapt, create derivative works from and display that content for the purposes of operating and improving the Website and Services.

9.1 This clause 9 applies if and when Regional Industrial Services Exchange makes a mobile application (the 'App') available for download. If no App is currently available, this clause is included for completeness and shall apply upon the release of any App.

9.2 By downloading and/or using the App, you agree that you have entered into an agreement with us, and not with Apple Inc. or Google LLC. Regional Industrial Services Exchange is solely responsible for the App and its content. This agreement is between you and Regional Industrial Services Exchange only, and not with Apple or Google.

9.3 By downloading the App from the App Store or from Google Play, Regional Industrial Services Exchange acknowledges that this agreement is between you and Regional Industrial Services Exchange only, and not with Apple or Google, and Regional Industrial Services Exchange, not Apple or Google, is solely responsible for the App and the content thereof to the extent permitted by applicable law.

9.4 The parties, namely You and Regional Industrial Services Exchange, acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the App.

9.5 In the event of any failure of the App to conform to any applicable warranty and where the warranty cannot be disclaimed under applicable law, you may notify Apple or Google, and Apple or Google will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App.

9.6 The parties acknowledge that Regional Industrial Services Exchange, and not Apple or Google, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

9.7 The parties acknowledge that Regional Industrial Services Exchange, and not Apple or Google, are responsible for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim related to the App or your possession and use of the App.

9.8 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

9.9 The parties each acknowledge and agree that Apple and Google, and Apple's and Google's respective subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

9.10 Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Google Play and the Google Play logo are trademarks of Google LLC.

9.11 For the avoidance of doubt, the parties state that nothing in this clause is intended to limit, exclude or modify any statutory rights or warranties you may have as a consumer under applicable law.

10.1 This Website may contain links to other websites controlled by third parties ('Third Party Websites').

10.2 Regional Industrial Services Exchange is not responsible for the content or privacy practices of Third Party Websites and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained on Third Party Websites that are not operated or controlled by Regional Industrial Services Exchange.

10.3 You access Third Party Websites and/or use those Third Party Websites' products and services solely at your own risk.

11.1 Cookies are small pieces of information that your browser stores on your computer's hard drive. We use cookies and similar tracking technologies to operate and improve the Website and our Services.

11.2 We use the following categories of cookies on the Website:

• Essential cookies: necessary for the Website to function and cannot be switched off. They are set in response to actions made by you, such as logging in or filling in forms.

• Analytics and performance cookies: allow us to count visits and traffic sources so we can measure and improve the performance of the Website.

• Functionality cookies: enable the Website to remember choices you make (such as your username or region) and provide enhanced, personalised features.

• Marketing cookies: may be set through our Website by our advertising partners to build a profile of your interests and show you relevant advertisements on other sites.

11.3 Where required by applicable law (including the EU General Data Protection Regulation and applicable Australian privacy legislation), we will seek your consent before placing non-essential cookies on your device. You can adjust your cookie preferences at any time via the cookie settings link on our Website.

11.4 If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.

12.1 Regional Industrial Services Exchange takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Regional Industrial Services Exchange's Privacy Policy, which is available at www.rise-x.io/privacy-policy.

12.2 By using the Website and Services, you acknowledge that:

• Regional Industrial Services Exchange may use automated systems and processes, including workflow automation tools, to facilitate the delivery of Services. These automated systems do not make legally significant decisions about you without human oversight.

• Regional Industrial Services Exchange may process your personal data in accordance with applicable privacy laws, including the Australian Privacy Act 1988 (Cth) and, where applicable, the EU General Data Protection Regulation (GDPR).

• You have rights in relation to your personal data as set out in our Privacy Policy, including rights of access, correction, and (where applicable) erasure.

13.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

13.2 Subject to this clause, and to the extent permitted by law: all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and:

• Regional Industrial Services Exchange will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

13.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you 'as is' and 'as available' without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Regional Industrial Services Exchange make any express or implied representation or warranty about its Services or any products or Services (including the products or Services of Regional Industrial Services Exchange) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

• costs incurred as a result of you using the Website, the Services or any of the products of Regional Industrial Services Exchange; and

• the Services or operation in respect to links which are provided for your convenience.

13.4 You acknowledge that the Regional Industrial Services Exchange Website and the Services are only intended for use by Australians unless specifically marketed otherwise.

14.1 Regional Industrial Services Exchange's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

14.2 You expressly understand and agree that Regional Industrial Services Exchange, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

14.3 You acknowledge and agree that Regional Industrial Services Exchange holds no liability for any direct or indirect loss you incur in connection with your use of the payment processing services provided by Stripe, including any issues arising from Stripe's terms of service, technical failures, or payment disputes. These matters are governed by your agreement with Stripe.

15.1 If you want to terminate the Terms, you may do so by notifying Regional Industrial Services Exchange at any time. Your notice should be sent, in writing, to Regional Industrial Services Exchange via the 'Contact Us' link on the Website.

15.2 Regional Industrial Services Exchange may at any time, terminate the Terms with you if you have breached any provision of the Terms or if Regional Industrial Services Exchange is required to do so by law; or Regional Industrial Services Exchange is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or the provision of the Services to you by Regional Industrial Services Exchange is, in the opinion of Regional Industrial Services Exchange, no longer commercially viable.

15.3 Subject to local applicable laws, Regional Industrial Services Exchange reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Regional Industrial Services Exchange's name or reputation or violates the rights of those of another party.

15.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Regional Industrial Services Exchange have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

You agree to indemnify Regional Industrial Services Exchange, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and

• any breach of the Terms.

17.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

17.2 Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

17.3 Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

• The mediation will be held in Western Australia, Australia.

17.4 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as 'without prejudice' negotiations for the purpose of applicable laws of evidence.

17.5 Termination of Mediation: If 1 month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Services offered by Regional Industrial Services Exchange is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having had the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargain or otherwise.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.