Terms of Use

Welcome to www.utiliti.com (the “Site”), owned and operated by Utiliti Management Pty Ltd (ACN 624 539 852) (“Utiliti”, “we”, “our” or “us”). Utiliti Management Pty Ltd is a Corporate Authorised Representative (001320070) of 62 Consulting Pty Ltd (ACN 664 809 303, AFSL No. 548573).

These Terms of Use (the “Terms”) govern your access to and use of our Site. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Site.

These Terms should be read in conjunction with our Privacy Policy, which is incorporated into these Terms by reference.

1. About Utiliti

Utiliti is an operator-led investment platform. The Site provides general information about Utiliti, our investment approach, team, and portfolio. The Site is intended to provide general information only.

2. Important Notices and Disclaimers

2.1 General Advice Warning

Any information or advice provided on the Site is general in nature and has been prepared without taking into account your individual objectives, financial situation, or needs. Before acting on any information on the Site, you should consider the appropriateness of the information having regard to your objectives, financial situation, and needs, and seek independent financial, legal, and tax advice.

2.2 Wholesale Clients Only

Information on the Site relating to the Utiliti Active Investor Fund and any other investment fund or financial product managed or promoted by Utiliti is intended only for persons who qualify as wholesale clients within the meaning of section 761G or section 761GA of the Corporations Act 2001 (Cth). Utiliti does not offer or provide financial products or financial services to retail clients. If you are not a wholesale client, you should not rely on any information on the Site relating to investment funds or financial products.

2.3 Not an Offer or Solicitation

Nothing contained on the Site constitutes an offer, invitation, solicitation, or recommendation to acquire, purchase, sell, or hold any security, financial product, or investment, nor does it constitute financial product advice. Any decision to invest should be made only after reviewing the relevant offer documents, including any Information Memorandum, and after obtaining independent professional advice.

2.4 Past Performance

Any information on the Site regarding past performance, track record, returns, or investment outcomes is historical only. Past performance is not a reliable indicator of future performance. It should not be assumed that results for any investments or portfolio companies described on the Site will be achieved for other investments or portfolio companies.

2.5 Forward-Looking Statements

The Site may contain forward-looking statements based on current expectations, estimates, projections, and assumptions. These statements are not guarantees of future performance and involve risks and uncertainties that are difficult to predict. Actual future results may differ materially from those expressed or implied in forward-looking statements.

2.6 Investment Risk

All investments carry risk, including the potential for loss of capital. There is typically a direct relationship between risk and return. Utiliti does not guarantee any particular rate of return or the performance of any investment, nor does Utiliti or its directors personally guarantee the repayment of capital or any particular tax treatment.

2.7 Portfolio Company Information

Information regarding portfolio companies, investments, and team members provided on the Site is not necessarily a complete list and may not be current. Portfolio company information is provided for illustrative purposes only.

3. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

4. Eligibility

By using the Site, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and that your use of the Site does not violate any applicable law or regulation. If you are accessing the Site on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

5. Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Site for your personal, non-commercial use, and only in a manner that complies with all applicable laws.

6. Restrictions on Use

You agree not to:

(a) use the Site for any unlawful purpose or in violation of any applicable law or regulation;

(b) infringe or violate the intellectual property rights or any other rights of any person or entity, including Utiliti;

(c) copy, reproduce, republish, upload, post, transmit, or distribute any content from the Site without our prior written consent;

(d) use any automated means, including robots, spiders, scrapers, or similar technologies, to access, crawl, or scrape any part of the Site;

(e) decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Site;

(f) interfere with or disrupt the Site, its servers, or any networks connected to the Site;

(g) impersonate any person or entity, or misrepresent your affiliation with any person or entity; or

(h) use the Site in any manner that could damage, disable, overburden, or impair the functioning of the Site.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

7. Intellectual Property

All content on the Site, including text, graphics, logos, images, data, and software (collectively, the “Content”), is owned by or licensed to Utiliti and is protected by copyright, trademark, and other intellectual property laws. You may not use, copy, reproduce, modify, distribute, or create derivative works from any Content without our prior written consent.

8. User Submissions

If you provide us with any feedback, suggestions, or other communications relating to the Site or our business, including any information regarding potential investment opportunities (each a “Submission”), you grant Utiliti a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use and exercise all rights in that Submission in connection with our business.

Do not provide any information that you consider proprietary, confidential, or a trade secret. Utiliti does not agree to any obligation of confidentiality, non-use, or non-disclosure with respect to unsolicited Submissions, including information submitted regarding potential investment opportunities via the Site, email, or otherwise.

Utiliti undertakes no obligation to review information submitted by you or to return such information. In no event shall Utiliti or any of its affiliates be limited or restricted in the pursuit of any opportunities, whether alone or with third parties, as a result of any Submission.

9. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Utiliti, which may include websites operated by our portfolio companies. Utiliti has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any third-party website. We encourage you to read the terms and privacy policies of any third-party website you visit.

10. Disclaimer of Warranties

The Site and Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Utiliti does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

Utiliti does not make any representations or warranties regarding the accuracy, completeness, reliability, currency, or availability of the Content. Any reliance you place on information on the Site is strictly at your own risk.

11. Limitation of Liability

To the fullest extent permitted by law, Utiliti and its officers, directors, employees, agents, partners, and affiliates (collectively, the “Utiliti Parties”) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Site.

To the fullest extent permitted by law, the total liability of the Utiliti Parties for any claim arising out of or relating to these Terms or the Site is limited to AUD $100.

12. Indemnity

You agree to indemnify and hold harmless the Utiliti Parties from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or in any way related to your use of the Site or your violation of these Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Utiliti with respect to your use of the Site and supersede all prior agreements, communications, and understandings relating to the same subject matter. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. You acknowledge and agree that you are not an employee, agent, partner, or joint venture of Utiliti, and you do not have any authority to bind Utiliti in any respect.

16. Contact

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

Utiliti Management Pty Ltd
ACN 624 539 852
Corporate Authorised Representative (001320070) of 62 Consulting Pty Ltd (ACN 664 809 303, AFSL No. 548573)
23 Wentworth Rd, Vaucluse, NSW 2030
Email: jason.serda@utiliti.com

These Terms were last updated on 19 March 2026.