Last modified: 16 November 2021 Out There OUT THERE DATING PTY LTD ABN 18 636 975 801 TERMS OF SERVICE OUT THERE – TERMS OF SERVICE 2 INTRODUCTION The Company provides the “ Out There ” dating platform for meeting people in the real world Use of the Out There is subject to these Terms of Service. 1 DEFINITIONS 1.1 The following terms are used regularly throughout these Terms of Service and have a particular meaning : (a) ABN means Australian Business Number. (b) Account means a registered account within the Platform (c) Broadcast Mode means the feature of the Platform for viewing the Profiles of other Users that are Checked In at the same Location. (d) Broadcast Sensitivity means the level of compatibility other Profiles must meet to show up in Broadcast Mode, as determined by the User(s) within their Account(s) from time - to - time. (e) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia (f) Chat means the feature of the Platform that enables Users who mutually Like each other to communicate via the Platform. (g) Chat Message Limit means the limit on the number of messages Users without an active Subscription can send to each other via the Chat for free , as notified to the User within the Platform from time - to - time. (h) Chat Extension Purchase means the in - app purchase payable by the Us er to chat with another specific User beyond the Chat Message Limit, as notified to the User within the Platform at the time of purchase. (i) Check ed In means checking in at a Location via the Platform (j) Company means the Out There Dating Pty Ltd ABN 18 636 975 801 (k) Compatibility Rating means the User’s compatibility with a specific Location or Profile rated out of 100. (l) Confidential Information means any written or verbal information that: i Is about each party's business or affairs; ii Is about the conduct of each party under these Terms of Service, during the term of these Terms of Service; iii A party informs the other party that it considers it confidential and/or proprietary; iv A party would reasonably consider to be confidential in the circumstan ces; and OUT THERE – TERMS OF SERVICE 3 v Is personal information within the meaning of the Privacy Act; but does not include information that a party can establish: vi Was in the public domain at the time it was given to that party; vii Became part of the public domain, without that party's inv olvement in any way, after being given to the party; viii Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or ix Was received from another person who had the unrestricted leg al right to disclose that information free from any confidentiality obligation. (m) Fee means a fee charged by the Company for use of the Platform, as advertised on a Mobile Application Marketplace and/or within the Platform from time - to - time. (n) Intellectual Property means all copyright, patents, inventions, trade secrets, know - how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property (o) Like means liking the Profile of another User by tapping and activating the like button. (p) Location means a specific location or venue listed within the Platform. (q) Mobile Application Marketplace means an online marketplace for access to the Platform and other applications for mobile devices, such as the App Store and Google Play. (r) More Info Option means the feature to view additional information about a Profile that is available to only those Users with an active Subscription, or User that complete a More Info Purchase. (s) More Info Purchase means the in - app purchase payable by the User to unlock the More Info Option for a specific Profile , as notified to the User within the Platform at the time of purchase (t) Personality Questionnaire means any or both of the online questionnaires to be completed by the User as part of creating and setting up a new Account, as may be updated from time - to - tim e by the Company. (u) Platform means the “ Out There ” online dating platform, owned and operated by the Company, and available from Mobile Application Marketplaces from time - to - time. (v) Privacy Act means the Privacy Act 1988 (Cth). (w) Privacy Policy means the Company ’s privacy policy as updated from time - to - time, which can be found at the Site. (x) Profile means a User’s individual profile linked to their Account, which must be set up to activate Broadcast Mode. OUT THERE – TERMS OF SERVICE 4 (y) Promotion means any promotional discount or benefit made available to Users by the Company from time - to - time. (z) Site means the Company's website found at https://outthereapp.com.au/ and any other URL the Company may adopt from time - to - time. (aa) Subscription means an active subscription for the Platform pursuant to pay ment of the Subscription Fee. (bb) Subscription Fee means a Fee charged by the Company for use of the Platform on a periodical basis, as notified to the User from time - to - time. (cc) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth). (dd) Terms of Service means the terms and conditions that apply to the User with respect to use of the Platform , as updated from time - to - time and published on the Site. (ee) User means any user of the Platfor m (ff) User Data means any information, documents or other data that is uploaded into , or created using, the Platform by the User, or that otherwise forms part of the User’s Intellectual Property but excludes any derivative data (such as analytics). 2 USING OUT THERE 2.1 General (a) To use the Platform , the User must a ccept these Terms of Service. (b) The User agrees that all use of the Platform is subject to these Terms of Service and must immediately cease to use the Platform if the User can no longer agree or adhere to these Terms of Service. (c) The User agrees to use the Platform in accordance with any instructions provided by the Company and/or within the Platform (d) No fees shall apply to Users to download and start using the Platform however the User must hold a Subscription to unlock certain features within the Platform. (e) Persons under 18 years of age must not use the Platform under any circumstances. By accepting these Terms of Service, the User represents to the Company that they are 18 years of age and above. 2.2 Disclaimer (a) The Platform provides a digital platform to facilitate Users match ing and meet ing with each other in real life (b) The Company makes no representation or guarantee that the User will successfully match or meet with other Users, nor that the User will be satisfied with any Users they do match or meet with. OUT THERE – TERMS OF SERVICE 5 (c) The Company is in no way responsible for the conduct and actions of any User including any interaction between Users the result of using the Platform. (d) The Company relies on algorithms and artificial intelligence to determine the Compatibility Rating and makes no representation that these are perfect or capable of accurate ly predicting the actual compatibility of Users (e) The Company does not run background checks on Users, nor does it seek to verify that the information presented in a Profile is in fact true and accurate. The Company makes no representation that the statements and information provided by Users are true and accurate. 2.3 Account & Personality Questionnaire (a) The User must have set up their Account to use the Platform (b) To create an Account, the User must verify their mobile nu mber by entering the verification code sent to their mobile device. (c) The User will be required to complete the Personality Questionnaire as part of Account sign up. (d) The User should complete the Personality Questionnaire accurately and truthfully, and not on the behalf or upon the instruction of any third party. (e) T he User acknowledges that the Compatibility Rating is directly linked to the responses provided by the User in the Personality Questionnaire from the algorithms and artificial intelligence adopted b y the Company, and the effectiveness of the Platform to match the User with other suitable Users will directly depend on the User’s Personality Questionnaire responses (f) The User may update their responses to the Personality Questionnaire at any time via their Account and, pursuant to paragraph (d) above, this may have an immediate change to their Compatibility Ratings. 2.4 Features The Company shall pro vide the User with access to and use of the features as provided within the Platform from time - to - time 2.5 Locations & Checking In (a) The User may view Locations where other Users are Checked In. (b) Each Location will have a Compatibility Rating, which is based loo sely on the average Compatibility Rating of Users Checked In at the Location and other data. (c) The Company has no affiliation or partnership with Locations and is in no way acting as an Agent of any particular Location. The Platform simply shows the User whe re Locations are, some basic information about Locations, and what the Compatibility Ratings are of other Users that are Checked In at Locations. (d) Pursuant to clause 6.7 , the User must grant location permissions to the Platform to Check In. Only where the User is Checked In can the y turn on Broadcast Mode to view and match with other Users also at the Location OUT THERE – TERMS OF SERVICE 6 2.6 Profile & Broadcast Mode (a) The User must create a Profile as a condition to turning on Broadcast Mode. (b) The User must provide accurate and complete information when creating a Profile including (without limitation) the User’s name, age, photo and dating preferences. (c) I f necessary, the User must update their Profile to ensure that such information is maintaine d as current for the duration of these Terms of Service. (d) When Broadcast Mode is turned on, the User may view other Profiles that: i Are Checked In at the same Location; ii Have Broadcast Mode turned on; and iii Meet the desired Compatibility Rating set by the Broadcast Sensitivity and other User’s Broadcast Sensitivity settings (e) The Broadcast Sensitivity shall be at the complete control of the User and can be adjusted at any time within their Account. (f) Unless the More Info Option is available pursuant to a Subscription or More Info Purchase, Profiles will be shown to the User with basic information only. Where available, the User should simply click “More Info” on the Profile’s page to view additional information about the selected User. (g) The User may block another User where that User’s Profile shows up in Broadcast Mode. Blocking will have the effect of both Profile’s no longer showing up for each of the Users , unless the User that initiated the block unblocks the User via their Ac count. 2.7 Chats & Liking (a) If the User wishes to Chat with a specific User, then they must Like the relevant Profile. Where Users mutually Like each other's Profiles then Chat will become available. (b) Only Users with a Subscription will be notified when another User Likes their Profile, otherwise two Users must mutually Like each other's Profile to know. (c) Unless the unlimited chat is available pursuant to a Subscription or Chat Extension Purchase, the number of messages each User may send to each other will be li mited by the Chat Message Limit. (d) The User must ensure any communications sent via the Chat are respectful and appropriate, and in no way offensive, abusive, discriminatory, defamatory, rude, indecent, objectionable, or unwanted. (e) The type and amount of inf ormation shared by the User with other Users via Chat, especially any sensitive and/or personal information, is within the complete control and at the own risk of the User. (f) Chat history will be stored and accessible within the User's Account indefinitely or until Company chooses to remove them. OUT THERE – TERMS OF SERVICE 7 2.8 Lodging a Complaint (a) The User may lodge a complaint to the Company with respect to another User’s conduct , whether that conduct occur s within the Platform (such as via Chat or fake Profiles ) or outside of the Platform (such as via an interaction in real life) (b) Where a complaint is lodged, the Company may , where it deems appropriate , notify the User the subject of the complaint and provi de them with an opportunity to explain their case, however the Company is under no obligation to identify a complainant. (c) T he Company may otherwise take immediate action to suspend or delete the Account of any User that the Company determines is in breach of these Terms of Service without notice or prior opportunity to explain their case. (d) The Company’s decision to suspend or delete an Account is at its absolute discretion. The Company’s decision shall be final and not subject to review. 3 USER CONDUCT 3.1 The User agrees that it shall only use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion. 3.2 In particular, the Us er agrees not to: (a) Use the Platform to prey on , harass, stalk, threaten, abuse or otherwise unduly interfere with Users; (b) Misrepresent their identity, gender, age or name when creating a Profile ; (c) Impersonate any other person or create fake Profiles ; (d) Use the Platform for illegal purposes or criminal activity , or to encourage any illegal activity ; (e) Use the Platform to promote ideas, products or services; (f) Create , enter or upload User Data that is pornographic, violent, offensive, rude, false or otherwise immoral ; (g) Create , enter or upload User Dat a that is abusive, racist or discriminatory, or that encourages racism, sexism or hatred; (h) Copy, download, share, publish, distribute, commercialise or otherwise exploit User Data ; and (i) Allow any third party to access the Platform who has not agreed to these Terms of Service. 4 USER DATA 4.1 The User acknowledges and agrees that: OUT THERE – TERMS OF SERVICE 8 (a) User Data is the sole responsibility of the User that uploaded the User Data to the Platform ; (b) By uploading Use r Data to the Platform the User warrants to the Company that it is true and accurate; (c) The User indemnifies the Company for any User Data that is fake, illegal, pornographic, offensive, discriminatory, defamatory, rude, indecent or objectionable that the Us er makes available using the Platform ; (d) Without limiting the Company’s rights, the Company may remove or suspend accessibility to User Data via the Platform that the Company determines is fake, illegal, pornographic, offensive, discriminatory, rude, indecen t or objectionable in its sole discretion; (e) To the extent permitted by law, under no circumstances will the Company be liable in any way for User Data and the User is responsible for the accuracy, quality and legality of any data uploaded to the Platform ; (f) T he Platform may enable the User to create User Data, but that by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company which may exist in the Platform ; and (g) The User warrants that it has all necessary Intellectual Property rights to use User Data and shall indemnify the Company for any infringement the User commits of third - party Intellectual Property rights by using User Data on the Platform 5 FEES, PAYMENTS AND REFUNDS 5.1 Subscription Fees (a) The primary Fee shall be the Subscription Fee , which is payable in advance for the subscription period elected by the User. For clarity, the Company offers Subscriptions of varying lengths including (without limitation) weekly and monthly. (b) The User agrees to make payment in advance for the Subscription Fee due at such frequency, or on such dates, as the User has subscribed for. (c) The User can manage and update their Subscription preferences at any time via the Mobile Application Marketplace. (d) Subscription Fees will automaticall y renew on an ongoing basis and be charged to the User at the end of the subscription period for an additional period equal in length on the same terms , unless and until cancelled by the User via the relevant Mobile Application Marketplace. (e) Where a Subscri ption is validly cancelled by the User , those specific features and benefits associated with the Subscription shall cease at the end of the current billing cycle. (f) For clarity, a Subscription is optional only and the User may continue to use the Platform wi thout a Subscription , only with less features and benefits. OUT THERE – TERMS OF SERVICE 9 (g) Where applicable, Promotions may affect the applicable Subscription Fee to be paid by the User which may include free periods. 5.2 In - App Purchases Where the User does not hold a Subscription, then they may choose to make in - app purchases from time - to - time (such as the Chat Extension Purchase and More Info Purchase) , in which case such Fees will be payable and charged to the User at the time the order is placed. 5.3 Payment All Fees shall be made via the p ayment g ateway within the Platform and/or Mobile Application Marketplace, or in such other manner as the Company may direct from time - to - time. 5.4 Currency All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as United States dollars or British pounds). 5.5 GST For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments. 5.6 Refunds No refunds of Fees are offered other than as required by law. A User who is banned, blocked or suspended from using the Platform by the Company will not receive a refund for any payments made to the Company. It is the responsibility of the banned User to cancel any ongoing Subscription via the relevant Mobile Application Marketplace. 6 GENERAL CONDITIONS 6.1 Licence (a) By accepting these Terms of Service, the User is granted a limited, non - exclusive, non - transferrable and revocable licence to access and use the Platform for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service. (b) The Company may issue the licenc e to the User on the further terms or limitations as it sees fit. (c) The Company may revoke or suspend the User ’s licence in its absolute discretion for any reason that it sees fit, including for breach of these Terms of Service by the User 6.2 Modification of Terms (a) The Company may, in its sole discretion, modify or update these Terms of Service from time - to - time. OUT THERE – TERMS OF SERVICE 10 (b) Where changes are made to these Terms of Service, the Company will insert a 'last modified' date at the top of these Terms of Service to indicate the effective date of the updates. (c) The User should review this page periodically for notice of any changes to these Terms of Service. (d) The Company may notify the User of a change to these Terms of Service, such as material changes that affect t he User's rights. (e) When the Company changes these Terms of Service in a material manner, it will update the 'last modified' date at the top of these Terms of Service and notify the User that material changes have been made to these Terms (f) The modified terms shall come into effect the next time the User accesses the Platform following the update to the Terms of Service. (g) If the User does not accept any changes to the terms of these Terms of Service, the User may terminate these Terms of Service and must immedia tely cease using the Platform. 6.3 Software - as - a - Service (a) The User agree s and accept s that the Platform is: i Hosted by the Company and its partners and shall only be installed, accessed and maintained by the Company , accessed using the internet or other connecti on to servers operated by the Company and is not available ‘locally’ from the User ’s systems; and ii Managed and supported exclusively by the Company from the servers operated by the Company and its partners and that no ‘back - end’ access to the Platform is av ailable to the User unless expressly agreed in writing. (b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform 6.4 Use & Availability (a) The User shall only use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral or in a way that is deemed unreasonable by the Company in its discretion. (b) The User agrees that the Company shall pr ovide access to the Platform to the best of its abilities, however: i Access to the Platform may be prevented by issues outside of its control; and ii It accepts no responsibility for ongoing access to the Platform 6.5 Support (a) The Company provides user support for the Platform via the email address support @ outthereapp .co m .au OUT THERE – TERMS OF SERVICE 11 (b) The Company reserves the right to require the payment of reasonable fees for non - standard support requests prior to the provision of such support. 6.6 Privacy (a) The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act with respect to personal information that it collects about the User (b) The Privacy Policy does not apply to how the User handles personal information. If necessary, under the Privacy Act, it is the User’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law. (c) T he Platform may use cookies (a small electronic file) to improve the User ’s experience wh ile browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings. (d) The Company may use User Data and other information collected via the Platform for research, developmental, s tatistical and analytical purposes, subject to and in accordance with the Privacy Policy with respect to personal information. 6.7 Analytics The Company may use information and data collected via the Platform for research, developmental, statistical and analyt ical purposes, subject to and in accordance with the Privacy Policy. 6.8 Location (a) The User will be prompted to grant the Platform location and notification permissions as part of Account sign up or elsewhere. (b) The User must grant the Platform access to location and notification permissions to ensure full functionality of the Platform. (c) The User's specific location or movements are never shared with other Users within the Platform, only that the User is at a Location at a particular time subject to being Checked I n. 6.9 Security T he Company takes the security of the Platform and the privacy of its Users very seriously. T he User agrees that the User shall not do anything to prejudice the security or privacy of the Company ’s systems or the information on them. 6.10 Intellectual Property (a) Trade marks. T he Company has moral, unregistered and registered rights in its trade marks and the User shall not copy, al ter, use or otherwise deal in the marks without the prior written consent of the Company (b) Third Party I ntellectual Property T he Company may use software and other proprietary systems and I ntellectual P roperty (including open source systems) for which the Company has appropriate authority to use, and the User agree s OUT THERE – TERMS OF SERVICE 12 that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrant s that it shall not infringe on any third - party rights through the use of the Platform (c) T he Platform The User agree s and accept s that the Platform is the Intellectual Property of the Company and the User further warrant that by using the Platform the User will not : i Copy the Platform or the services that it provides for the User ’s own commercial purposes; and ii Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms conta ined in the Platform or any documentation associated with it. (d) Content. All content ( excluding User Data ) remains the Intellectual Property of the Company , including (without limitation) any source code, analytics, insights, aggregations, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Platform 6.11 Third Party Dependencies The User agrees and acknowledges that the Platform has third party dependencies which m ay affect its availability, including (without limitation ) hosting services and GPS/ map services , and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such. 6.12 Confidentiality (a) The Company agrees to keep all other User Data in the strictest confidence, and to the extent User Data is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service. (b) Ea ch party acknowledges and agrees that: i The Confidential Information is secret, confidential and valuable to the disclosing party ( Discloser ); ii It owes an obligation of confidence to the Discloser concerning the Confidential Information; iii It must not disclose the Confidential Information to a third party except as permitted in these Terms of Service; iv All Intellectual Property rights remain vested in the Discloser but disclosure of Confidential Information does not in any way transfer or assign any rights or i nterests in the Intellectual Property to the receiving party; and v Any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against OUT THERE – TERMS OF SERVICE 13 the receiving party (and its agents, assigns, employees, officers and directors, personally) or t o compel specific performance of this clause. (c) A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of: i Any actual, suspected, likely or threatened breach by it of any obligations it has in relatio n to the Confidential Information. ii Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or iii Any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, u se or disclosure of or to any Confidential Information. (d) The receiving party must promptly take all steps that the Discloser may reasonably require and must co - operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is: i Any actual, suspected, likely or threatened breach of a term of these Terms of Service; or ii Any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or c ontrol. 6.13 Liability & Indemnity (a) The User agree s that it use s the Platform at its own risk. (b) The Company makes no representation or guarantee that the User will gain a particular benefit from using the Platform. (c) The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable f or such under any circumstances. (d) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User ’s use of or conduct in connection with the Platform , includin g any breach of these Terms of Service by the User (e) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User ’ s access to, or use of, or inability to use the Platform , whether based on warranty, contract, tort, negligence, in eq uity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise. (f) Certain rights and rem edies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from t hose that cannot be excluded, the Company and the C ompany ’s related entities OUT THERE – TERMS OF SERVICE 14 exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company ’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company ’s option to: i The re - supply of services or payment of the cost of re - supply of services; or ii The replacement or repair of goods or payment of the cost of replacement or repair. 6.14 Termination (a) Either party may terminate these Terms of Service by giving the other party written notice or simply by cancelling an Account, and access to the Platform shall terminate at the end of the User’s subscription period active at the expiry of that notice perio d to the extent the User holds a Subscription at the time of termination (b) Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Servic e up to the date of expiry or termination. 6.15 Dispute Resolution (a) If any dispute arises between the parties in connection with these Terms of Service ( Dispute ), then either party may notify the other of the Dispute with a notice ( Dispute Notice ) which: i Include s or is accompanied by full and detailed particulars of the Dispute; and ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring. (b) Within 10 Business Days after a Dispute Notice is given, a representative from ea ch of the parties with the a uthority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute. (c) Subject to clause (d) , a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause. (d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute. (e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations u nder this document and any related agreements. 6.16 Electronic Communication, Amendment & Assignment (a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning. (b) The User can direct notices, enquiries, complaint s and so forth to the Company as set out in these Terms of Service T he Company will notify the User of a change of details from time - to - time. OUT THERE – TERMS OF SERVICE 15 (c) T he Company will send the User notices and other correspondence to the details that the User submits to the Comp any , or that the User notifies the Company of from time - to - time. It is the User ’s responsibility to update contact details as they change. (d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law. (e) The User may not assign or otherwise create an interest in these Terms of Service without the written consent of the Company (which shall not be unreasonably withheld). (f) T he Company may ass ign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User 6.17 General (a) Special Conditions. The parties may agree to any special c onditions to these Terms of Service in writing. (b) Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any special c onditions made under these Terms of Service , as relevant, the term s of those special c onditions shall prevail. (c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service (d) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership. (e) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing. (f) Further Assurances. Each party must do anything necessary (includin g executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it. (g) Governing Law. These Terms of Service is governed by the laws of Victoria, Australia Each of the parties hereby submits to the non - exclusive jurisdiction of courts with jurisdiction there. (h) Severability. Any clause of these Terms of Service , which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service (i) Interpretation. The following rules apply unless the context requires otherwise: i Headings are only for convenience and do not affect interpretation. ii The singular includes the plural and the opposite also applies. iii If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning. iv A reference to a clause refers to clauses in these Terms of Service OUT THERE – TERMS OF SERVICE 16 v A reference to legislation is to that legislation as amended, re - enacted or replaced, and includes any subordinate legislation issued under it. vi Mentioning anything after includes , including , or similar expressions, does not limit anyth ing else that might be included. vii A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives). viii A reference to a person , corporation , trust , partnership , unincorporated body or other entity includes any of them. ix A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade se crets. END OF TERMS OF SERVICE