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What are the Virtual/Hybrid Meeting Terms and Conditions for Securityholders?

VIRTUAL / HYBRID MEETING TERMS AND CONDITIONS FOR SECURITYHOLDERS

6 May 2020

These terms and conditions relate to the access by you of the Virtual / Hybrid Meeting service (Service) whether through a desktop or mobile platform.

THESE TERMS AND CONDITIONS ARE LEGALLY BINDING. PLEASE READ THEM CAREFULLY.

By accessing the Service via the Lumi AGM App or online you will be able to:

  • vote directly as a securityholder without having to appoint a proxy;
  • vote directly as a proxy;
  • follow the proceedings of the meeting online; and
  • submit questions to the meeting,

in relation to your securityholding(s), you are authorised to act on behalf of, where Automic Pty Ltd ACN 152 260 814 (Automic) maintains the share register of those issuer’s securities.

Privacy Notice

In its capacity as securities registrar, Automic collects personal information about securityholders which may include name, address, phone numbers, securityholding balances, tax file numbers, bank account details and e-mail addresses. Your personal information may be disclosed to our related bodies corporate, to external service companies such as print or mail service providers, or as otherwise required or permitted by law. If you would like details of your personal information held by Automic, or you would like to correct information that is inaccurate, incorrect or out of date, please contact Automic by e-mailing hello@automicgroup.com.au or for further details see our Privacy Policy here.

Warranties, Confirmations and Undertakings

In accepting these terms and conditions you will be deemed to have given the following warranties, confirmations and undertakings:

  1. You have received either electronically or in paper format a notice of meeting, proxy form, direct voting form, CDI voting instruction form, trustee notice of direction (or trustee voting instruction) form, chairman's letter to securityholders, annual report, and any other applicable documents in relation to the meeting for which you wish to attend, lodge a voting instruction or submit a question.
  2. You warrant that you are either the securityholder or when you use the Service in respect of a securityholding that is in joint names, you warrant that you are:
    • one of the named joint holders and that you have obtained the consent of all of the other joint holders to act on their behalf in respect of the securityholding in using the Service; or
    • not one of the named joint holders, but you have been authorised by all of the joint holders to act on their behalf in respect of the securityholding in using the Service, and you agree to indemnify Automic from all liabilities (whether actual, contingent or prospective), losses, damages, costs and expenses (including legal expenses on a full indemnity basis) of whatever description which Automic suffers or incurs by reason of a breach of the above warranty.
  3. When you use the Service in respect of a securityholding that is in the name of a company, you warrant that you have been appointed as an authorised corporate representative by the directors of that company to act on its behalf and you agree to indemnify Automic from all liabilities (whether actual, contingent or prospective), losses, damages, costs and expenses (including legal expenses on a full indemnity basis) of whatever description which Automic suffers or incurs by reason of a breach of the above warranty.
  4. If you wish to split your votes, please contact our help desk prior to the start of the meeting on 1300 288 664 (within Australia) or +61 2 9698 5414 (outside Australia) for instructions.
  5. If multiple securityholdings are held in the same issuer, you will be required to log in for each securityholding separately to lodge your voting instructions.
  6. Where the same securityholding has been authenticated on two separate devices, the last received voting instruction that is captured by Automic will be recorded against the securityholding.
  7. If a proxy has previously been lodged and the securityholder attends the meeting by accessing the Service via the Lumi AGM app or online, the proxy will be automatically rescinded and the securityholder will be required to vote directly.
  8. Automic will take reasonable care to facilitate access to the meeting and the recording of voting information and submission of questions against the securityholding nominated by you. However, Automic does not guarantee access to the meeting, or that the lodgement of any voting instruction and submission of questions can be affected electronically.
  9. Automic shall not be responsible for delays or failure to provide online access to the meeting due to acts beyond our reasonable control, including the internet. Online access to the meeting, the delivery time for voting instructions and submission of questions using the internet may vary considerably depending on your internet service provider, your computer system, the way in which the instruction has been routed on the internet, and on third party providers. To the extent permitted by law (whether by statute or otherwise), we accept no liability whatsoever for any direct, indirect or consequential loss or damage suffered by you or for any loss or damage arising in relation to, or in connection with, any delay in us receiving your voting instructions, questions or your ability to access the meeting via the Lumi AGM app or online.
  10. You have read, understood and agree to be bound by these terms and conditions and access to the Service indicates your acceptance of these terms and conditions. 
Automic reserves any rights not expressly granted in these terms and conditions.

Interpretation, Validity and Governing Law
Headings are for convenience only and do not affect interpretation. The singular includes the plural and vice versa. In the event that any part of these terms and conditions is not legally enforceable, the remaining terms and conditions shall not be affected and shall remain valid and enforceable. These terms and conditions shall be governed by and construed in accordance with the law applicable in New South Wales. You agree that in the event of a dispute the courts of New South Wales shall have jurisdiction.