Terms of Access

1. Acceptance of these terms

These Terms of Access ("Terms") govern your access to and use of the website located at https://ausgasexchange.com.au ("Site"), operated by Greenstar Climate Solutions Pty Ltd (ACN 688 607 758) ("Operator", "we", "us"). By accessing or using the Site you agree to these Terms. If you do not agree, you must leave the Site immediately.

These Terms should be read together with our Privacy Policy, which is incorporated by reference. In the event of any inconsistency between the two documents, these Terms prevail.

2. Nature of this Site

This Site is an information and private tender-administration platform operated by Greenstar Climate Solutions Pty Ltd for the sole purpose of conducting scheduled, sealed-bid tender events for the sale of HFC import quota held by the Operator in its own name. The Operator is the single seller; no third-party quota is aggregated or offered through this platform.

The HFC import quota offered is regulated under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) ("OPSGGM Act") and administered by the Department of Climate Change, Energy, the Environment and Water ("DCCEEW"). All quota transfers are bilateral commodity transactions subject to DCCEEW approval. Each transfer requires lodgement of the prescribed Form 35 with DCCEEW before it takes effect.

This Site is not a financial market and does not deal in financial products or securities. No public offer of securities or financial products is made on this Site. The Operator is not a financial services licensee in relation to the activities conducted on this Site.

3. Eligibility

Quota transfer requires a valid Synthetic Greenhouse Gas Licence (SGGL). Licence and eligibility checks are completed before settlement. By accessing the Site you represent and warrant that you hold such a licence, or that you are accessing the Site solely to evaluate whether you are eligible to participate. Access to tender materials, including the Information Memorandum and Process Letter, is further restricted to participants who have completed the Operator's registration and verification process and executed a Non-Disclosure Agreement.

The Operator reserves the right to verify eligibility at any time and to revoke access if it determines, in its sole discretion, that an entity does not meet the eligibility requirements.

4. No offer, invitation or financial advice

Nothing on this Site constitutes an offer, invitation, or solicitation to enter into any contract or to buy or sell any financial product, security, or investment. The information published here is indicative only, provided for general background purposes, and does not constitute financial product advice, investment advice, legal advice, or any other form of professional advice.

The Information Memorandum and Process Letter issued to registered participants are the sole authoritative documents governing any particular tender event. In the event of any inconsistency between information published on this Site and those documents, the Information Memorandum and Process Letter prevail.

You should obtain your own independent legal, financial, and regulatory advice before deciding whether to participate in any tender event.

5. Tender process and operator's discretion

The Operator may, in its absolute discretion and without liability to any person:

• amend the terms, volume, schedule, or process applicable to any tender event at any time prior to the execution of a binding sale agreement;
• postpone or cancel any tender event;
• decline to accept any bid, including the highest bid, without providing reasons;
• withdraw the quota from sale at any time prior to execution of a binding sale agreement;
• determine that a prospective participant does not meet the eligibility requirements and decline or revoke registration.

The Operator is not obliged to accept the highest bid, any bid, or to proceed with any tender event. Participation in the registration process, receipt of tender materials, or submission of a bid does not give rise to any obligation on the part of the Operator to proceed to completion or to accept any offer.

6. Submission of bids

Bids are submitted through the secure buyer portal on this Site, in accordance with the Process Letter. Each bid is confidential as between participants: no participant can view the bid amount, volume, or identity of any other participant at any time, and no bid prices are published on this Site. Settlement is handled directly by the Operator as seller once bidding closes; the Operator may engage a solicitor where a particular transaction requires it.

A bid submitted through the Site is a binding and irrevocable offer by the participant to acquire the nominated volume of HFC import quota at the nominated price. A participant may increase a bid (its volume, its price per tonne, or both) at any time before the published bid deadline. A bid may not be reduced or withdrawn once submitted: the participant's standing bid is their highest, and it remains binding. Once the deadline passes, the standing bid may not be amended or withdrawn. Submission of a bid does not oblige the Operator to accept it (see clause 5), and no binding sale arises unless and until a Sale and Purchase Agreement is executed. By submitting a bid, the participant represents and warrants that it holds a valid Synthetic Greenhouse Gas Licence, that the information it has provided is accurate and current, and that the individual submitting the bid is authorised to bind the participant.

Where enabled for a tender event, the Site may display to a participant private indicators relating only to that participant's own bid, such as whether it meets the reserve and its current ranking. These indicators do not disclose the reserve price, or the bid, volume, or identity of any other participant.

The Operator accepts no responsibility for any bid that is not successfully submitted through the Site by the published deadline, for whatever reason, including loss of internet connectivity or technical failure. Prospective bidders should allow sufficient time before the deadline and ensure they receive on-screen confirmation that the bid has been recorded.

7. Intellectual property

All content on this Site, including text, graphics, data, layout, and code, is owned by or licensed to Greenstar Climate Solutions Pty Ltd and is protected by Australian and international copyright, trade mark, and other intellectual property laws. You may view and print pages from this Site solely for your own personal, non-commercial reference in connection with evaluating participation in a tender event.

You must not reproduce, distribute, publicly communicate, adapt, or otherwise use any content from this Site for any commercial purpose, or in any manner that is likely to mislead or deceive, without the prior written consent of the Operator.

8. Acceptable use

You agree not to use this Site in any way that:

• is unlawful, fraudulent, or misleading, or that facilitates any unlawful or fraudulent activity;
• violates any applicable law or regulation, including the OPSGGM Act or the Corporations Act 2001 (Cth);
• involves the use of automated tools, bots, scrapers, or similar means to extract or index content from the Site without the Operator's express written consent;
• introduces or transmits any virus, malware, or other harmful or disruptive code;
• involves attempting to gain unauthorised access to any part of the Site, its servers, or any connected systems;
• harasses, threatens, or harms any person, or impersonates any person or entity.

The Operator reserves the right to terminate or suspend access to the Site at any time and for any reason, including for breach of these Terms.

9. Disclaimers and limitation of liability

To the maximum extent permitted by law, this Site and all information on it are provided on an "as is" and "as available" basis without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement.

The Operator does not represent or warrant that:

• any information on the Site is accurate, complete, current, or suitable for any particular purpose;
• the Site will be available, uninterrupted, or free from errors or defects;
• any particular tender event will proceed, or that any transaction will be completed or approved by DCCEEW.

To the maximum extent permitted by law, the Operator excludes all liability for any loss or damage (including direct, indirect, consequential, special, or incidental loss, loss of revenue, loss of data, or loss of opportunity) arising from or in connection with your access to or use of this Site, your reliance on any information published here, or your participation or non-participation in any tender event, whether based in contract, tort (including negligence), statute, or otherwise.

Where the Australian Consumer Law or other legislation implies guarantees that cannot be excluded, the Operator's liability is limited, to the extent permitted by law, to re-supplying the relevant services or paying the cost of having them re-supplied.

10. External links

This Site may contain links to third-party websites, including government portals and regulatory bodies. These links are provided for convenience only. The Operator does not endorse, control, or accept responsibility for the content, privacy practices, or accuracy of any linked site. Accessing linked sites is at your own risk.

11. Privacy

The Operator collects, holds, and uses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For details of how we handle your personal information, including registration data, please read our Privacy Policy.

12. Governing law and jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia, and the applicable laws of the Commonwealth of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the Federal Court of Australia in respect of any dispute arising out of or in connection with these Terms or your use of this Site.

13. Changes to these Terms

The Operator may update these Terms at any time. Updated Terms will be posted on this page with a revised "Last updated" date. Continued use of the Site after the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must cease using the Site.

Where changes are material, the Operator will take reasonable steps to bring them to the attention of registered participants.

14. Contact

Questions or concerns about these Terms should be directed to Greenstar Climate Solutions Pty Ltd, Melbourne, Victoria, Australia. You may also use the contact page on this Site.