Terms of Use

1. About These Terms

These Terms of Use ("Terms") govern your access to and use of the Kapio platform, website, and related services (collectively, the "Platform") operated by LABX Capital Pty Ltd (ABN 50 691 135 752), trading as Kapio ("Kapio", "we", "us", "our").

By creating an account, submitting an application, or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

2. Eligibility

To use the Platform, you must:

• Be an authorised representative of an Australian business entity
• Be at least 18 years of age
• Have authority to bind the business entity you represent
• Provide accurate and complete information during registration and application

3. Our Services

Kapio provides a technology platform that connects businesses with commercial finance and insurance solutions. Our services include:

• Collecting and assessing business and director information for finance applications
• Sourcing and presenting commercial finance options from our panel of lenders
• Facilitating the application and settlement process
• Providing ongoing portfolio management through the client portal

Kapio is not a lender and does not provide credit directly. We act as an intermediary, connecting your business with suitable finance providers.

4. Account and Security

When you create an account on the Platform, you are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or security breach

We reserve the right to suspend or terminate your account if we reasonably suspect unauthorised use or breach of these Terms.

5. Consent to Credit Checks

• Obtain a personal credit report from Equifax or other credit reporting bodies on each director or guarantor named in your application
• Use the credit report to assess your suitability for commercial finance products
• Share the credit report with lenders, insurers, and finance providers on our panel for the purpose of assessing your application
• Retain the credit report and related information for the duration of our engagement and as required by law

The credit check conducted is a "soft inquiry" and will not negatively impact your personal credit score. Your consent to the credit check remains valid for a period of up to 12 months from the date of consent, unless withdrawn earlier by written notice to our Privacy Officer.

You confirm that each director or guarantor named in the application has been informed of and consents to the credit check being conducted on their behalf.

6. Accuracy of Information

You represent and warrant that all information provided through the Platform is:

• True, accurate, and complete at the time of submission
• Not misleading or deceptive in any way
• Updated promptly if any material changes occur

Providing false or misleading information may result in the rejection of your application, termination of your account, and potential legal consequences.

7. Intellectual Property

All content, trademarks, logos, software, and materials on the Platform are owned by or licensed to Kapio and are protected by Australian and international intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from any content on the Platform without our prior written consent.

8. Limitation of Liability

To the maximum extent permitted by law:

• Kapio provides the Platform on an "as is" and "as available" basis without warranties of any kind
• We do not guarantee approval or specific outcomes for any finance application
• We are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Platform
• Our total liability to you for any claim arising from these Terms shall not exceed the fees (if any) paid by you to Kapio in the 12 months preceding the claim

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

9. Indemnification

You agree to indemnify and hold harmless Kapio, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your breach of these Terms
• Any inaccurate or misleading information you provide
• Any infringement of third-party rights

10. Termination

You may close your account at any time by contacting us. We may suspend or terminate your access to the Platform at our discretion if:

• You breach any provision of these Terms
• We are required to do so by law or regulatory direction
• We reasonably believe your account has been compromised
• We discontinue the Platform or any part of it

Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including indemnification, limitation of liability, and intellectual property) will continue to apply.

11. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria for any disputes arising under these Terms.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified through the Platform or by email. Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. The most current version will always be available at kapio.com.au/terms.

13. Contact Us

If you have any questions about these Terms, please contact us: