APYAPP PTY LTD

Disclosure Document

ApyApp Pty Ltd (ABN 57 648 712 476) (ApyApp, us, we, our) is the issuer of the “ApyApp” digital platform for checkoutless shopping (Platform). ApyApp issues the Platform as a low value non-cash payment facility (“LVNCPF” or “Facility”) under the ASIC Corporations (Non-Cash Payment Facilities) Instrument 2016/211 (“Relief Instrument”). Non-cash payments are made when a Customer uses ApyDollars in the Platform.

KEY FEATURES

When we can vary Customer Terms and where you can find information about them

We may update our Customer Terms of Service from time to time in which case an updated version will be notified and made available to you on the Platform the next time you use the Platform after the change. You can also request a copy by emailing us on support@apy.app.

No expiry date

There is no expiry date on the cryptographic tokens issued by ApyApp (ApyDollars).

Unauthorised or Mistaken Transactions and compromised accounts

If you believe an unauthorised transaction, fraud or other similar occurrence has occurred, or if your account is compromised because the device through which your facility is used is lost or stolen, or you have mistakenly performed a transaction, you must notify us as soon as possible by emailing us at support@apy.app. We will review and endeavour to respond to your notice within 5 business days. Our Customer Terms of Service address how we manage unauthorised or mistaken transactions and compromised accounts.

Fees and Charges

We do not charge customers any fees for purchases made via the ApyApp.

Checking your account

You can access information about your ApyDollar balance from within your account, including details of your last 10 transactions and information about the number and Australian dollar value of accrued ApyDollars.

Complaints

If you would like to complain about a matter arising from your use of the Platform, please contact the Complaints Officer on support@apy.app. ApyApp will acknowledge your complaint within 5 days and provide you with a response within 30 days. All complaints are handled in accordance with our Complaints Handling Procedure set out in our Customer Terms of Service.

APYAPP PTY LTD

Customer Terms of Service

The Company provides the “ApyApp” digital platform for a checkoutless shopping experience. Use of ApyApp is subject to these Customer Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Customer Terms of Service and have a particular meaning:

(a) ABN means Australian Business Number.
(b) Account means an account created with the Platform and includes both Customer and Vendor accounts.
(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in New South Wales, Australia.
(d) Company means ApyApp Pty Ltd ABN 57 648 712 476.
(e) Corporations Act means the Corporations Act 2001 (Cth).
(f) Customer means a person with an account on the Platform who uses the features associated with their Customer Account and purchases Products.
(g) Customer Content means any images, information, documents or other data that is uploaded or input into the Platform by the User or that forms part of the User’s Intellectual Property.
(h) Financial Services Provider means any bank, money services business, payment network, or other financial intermediary.
(i) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(j) 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.
(k) Mobile Application Marketplace means an online marketplace for access to the Platform and other applications for mobile devices, such as the App Store.
(l) Payment Gateway means Stripe or such other payment system the Company may adopt within the Platform from time-to-time.
(m) Physical Store means a participating store where ApyApp is used to enable access to a physical retail facility.
(n) Platform means the “ApyApp” digital platform for checkoutless shopping owned and operated by the Company, accessible at a Mobile Application Marketplace.
(o) Privacy Act means the Privacy Act 1988 (Cth).
(p) Privacy Policy means the Company’s privacy policy, as updated from time-to-time, published on the Site.
(q) Product means items offered for sale by a Vendor via the Platform.
(r) Product Code means the unique QR code or barcode for each Product.
(s) Promotion means any promotion made available to Customers by the Company or Vendors through the Platform from time-to-time.
(t) Purchase Order means a Customer’s order to purchase selected Products from a Store.
(u) Purchase Price means the price paid by the Customer to complete a Purchase Order.
(v) Site means https://www.apy.app and any other URL the Company may adopt from time-to-time.
(w) Store means a Vendor’s checkoutless store offering Products for sale via the Platform.
(x) Stripe means the cloud payments platform accessible at https://www.stripe.com/.
(y) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(z) Third Party Service Provider means any third-party service provider which is used by the Company to deliver the Platform to Customers.
(aa) User means any user of the Platform, including Customers and Vendors.
(bb) User Code of Conduct means the Company’s policy regarding use of the Platform and ApyDollars, as updated from time-to-time and published on the Site.
(cc) Vendor means a person with an account on the Platform that uses the features associated with a Vendor Account, manages Stores and may also be a Customer.

1. USING THE PLATFORM

1.1 General

(a) The Customer agrees that all use of the Platform is subject to these Customer Terms of Service and the User Code of Conduct.
(b) The Customer must immediately cease to use the Platform if they can no longer agree or adhere to these Customer Terms of Service and the User Code of Conduct.
(c) The Company may suspend or terminate the access of any Customer that breaches these Customer Terms of Service or the User Code of Conduct.

1.2 Account

(a) To use the Platform, the Customer must access the Platform via the Site or a Mobile Application Marketplace and set up and subsequently login to their Account.
(b) No Fees shall apply to download the Platform and create an Account.
(c) The Customer must ensure that all information entered into the Platform is complete, accurate and up to date at all times. The Customer can update their information and their beneficiary information at any time within their Account.
(d) The Customer is solely responsible for maintaining the security of their login details and password, and for all activities that occur through their Account.
(e) The Customer shall notify the Company as soon as it becomes aware of any unauthorised access of its Account or of any system vulnerabilities that the Customer becomes aware of.

1.3 Features

(a) The Company shall provide the Customer with access to and use of features as made available within the Platform from time-to-time.
(b) The initial features are the ability for a Customer to purchase Products at Vendor Stores via the Payment Gateway to earn ApyDollar rewards. A Customer will not earn ApyDollar rewards when ApyDollars are used to purchase Products.

1.4 Vendors and Stores

(a) The Customer may search, filter and view different Stores.
(b) Before entering a Store, the Customer must scan the Store’s unique QR code to check-in and notify the Platform that they are shopping at this Store.
(c) Through the Platform, the Company enables Vendors to create Stores and the Vendor shall have complete control, subject to the User Code of Conduct, over the Products they offer for sale on the Platform including the pricing set for Products. The Company does not review or approve any Products before they are added to a Store.
(d) The Company makes no representation as to the quality of Products or the accuracy of any information contained in a Store’s listing, including that the Products are of merchantable quality.
(e) If the Customer has any issues with Products purchased via the Platform, the Customer must raise the issue directly with the relevant Vendor.

1.5 Purchase Orders

(a) To make a Purchase Order, the Customer must visit a Store, scan the Product Codes of the Products they wish to purchase and then pay the Purchase Price within the Platform.
(b) A Purchase Order is not confirmed until the Customer completes payment of the Purchase Price via the Payment Gateway or by the transfer of ApyDollars. Payment within the Platform is the only way to pay the Purchase Price. Cash, electronic bank transfer or other means of payment outside of the Platform are not permitted for purchasing Products from Vendors.
(c) Once a Purchase Order has been confirmed by paying the applicable Purchase Price for the selected Products, the Customer may exit the Store with the selected Products.
(d) The Customer must only leave a Store with Products they have purchased from a completed Purchase Order. Taking Products that are not paid for is illegal and will be the subject of legal proceedings against the offending Customer.

1.6 Conduct

The Customer acknowledges and accepts that:

(a) the Company requires Users to use the Platform solely for legitimate purposes and in accordance with the Company’s User Code of Conduct;
(b) The Company accepts no responsibility for the conduct and actions of any User;
(c) The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via the Platform or not;
(d) The Company makes no warranty or representation as to the accuracy of any information provided by any User; and
(e) The Company makes no warranty as to the character of any User.

1.7 ApyDollar Rewards

(a) The Customer will accrue ApyDollar rewards on each Purchase Order they complete via the Payment Gateway.
(b) The rate at which a Customer will accrue ApyDollar rewards will initially be set at one (1) ApyDollar for one (1) Australian dollar. The Company may change the rate in its absolute discretion at any time.
(c) Information relating to ApyDollars may be viewed within the Customer’s Account, including (without limitation) the number and value of accrued ApyDollars.
(d) The Company in its sole discretion may restrict the purchase of certain Products to Customers who have a certain quantity of accumulated ApyDollars.
(e) ApyDollars may be subject to additional or different terms and conditions as notified to the Customer from time-to-time and the Customer agrees that their use of ApyDollars must be compliant with such terms.
(f) Where the Customer does not use ApyDollars in accordance with paragraph (d) above or otherwise breaches these Customer Terms of Service or the User Code of Conduct, the Company may suspend, cancel or otherwise deal with the Customer’s ApyDollars in its complete discretion. Such decision shall be final and without review.

1.8 Experience Points

(a) ApyApp will offer Experience Points, which are earned for certain activities, including, for example, spending Australian dollar(s) (as opposed to ApyDollars) on frequent purchases of Products.
(b) Experience Points are made available in accordance with these Terms of Service and any additional or different terms and conditions as notified to the Customer from time-to-time.
(c) Experience Points are not redeemable for Products (or for anything else) and can only be accumulated by Customers, to be applied toward specific purposes, which the Company will notify Customers of from time-to-time.
(d) The Company in its sole discretion may restrict the purchase of certain Products to Customers who have a certain quantity of accumulated Experience Points.

1.9 Reversal of ApyDollars

(a) If a transaction that is made through the Platform is subsequently reversed (whether due to a refund or for any other reason) and the initial transaction involved the credit of ApyDollars to the Customer’s Account, the Company will reverse (i.e. debit) the corresponding amount of ApyDollars. If, upon a reversal of ApyDollars, the Customer’s Account yields a negative ApyDollar balance, then future ApyDollar accruals will be credited to reduce the Customer’s negative ApyDollar balance. For illustrative purposes, if a Customer has 20 ApyDollars and a reversal of 25 ApyDollars is made, then the Customer’s balance is -5 ApyDollars. After a subsequent accrual of 50 ApyDollars, the Customer’s balance is 45 ApyDollars.
(b) The Company may debit any ApyDollars which have been credited if:

the Customer returned the Product(s) or the transaction in respect of which those ApyDollars were earned is reversed; or
there are any other grounds which the Company considers, in its absolute discretion, justify a reversal (for instance, if the ApyDollars were allocated to a Customer by mistake (including by reason of the Company’s error) or if the ApyDollars were earned by a Customer by abuse or misuse of an offer, or through fraudulent means); or
the Customer accrues, redeems and otherwise uses ApyDollars in breach of or outside these Terms of Service and the User Code of Conduct.

(c) If the Company determines, in its absolute discretion that a Customer has engaged in abuse, misuse, or gaming in connection with the accrual, redemption or use of ApyDollars in any way, or that a Customer intends to do so, the Company may suspend, cancel or otherwise deal with the Customer’s ApyDollars in its complete discretion. Such decision shall be final and without review.

1.10 Transaction Reversals

(a) The Company provides payment services through the Payment Gateway, which in turn provides these services through various Financial Services Providers.
(b) The Company may limit or refuse to process transactions submitted in violation of these Customer Terms of Service or the User Code of Conduct, or the Terms of Service applicable to the Payment Gateway or relevant Financial Services Provider.
(c) Where a Financial Services Provider initiates an instruction to the Company or to the Payment Gateway to return funds for an existing transaction (Return Instruction), the Company will investigate the matter and manage unauthorised or mistaken transactions further to the notice provisions of this clause. Where the Return Instruction relates to an authorised transaction, the Company may request additional information from the Customer to provide to the Financial Services Provider or the Payment Gateway in support of Return instruction but cannot assure any outcome:
(d) Notwithstanding any other provision of these Customer Terms of Service, the Company is not liable to the Customer for any unauthorised or mistaken transactions, or any authorised and completed transaction that is later the subject of a Return Instruction.
(e) While the Company may assist the Customer with recovering lost funds, the Customer is solely responsible for losses due to lost or stolen credentials or Accounts, compromise of a Customer’s login details, username or password and any other unauthorised use of the Platform or the Customer’s Account.
(f) The Customer waives any right to bring a claim against the Company for any losses that result from the use of lost or stolen credentials or accounts to engage in fraudulent transactions, unless such losses result from the Company’s wilful or intentional actions.
(g) The Customer agrees to fully reimburse the Company for any losses that are incurred and result from the use of lost or stolen credentials or accounts. The Company does not and will not insure a Customer against losses caused by fraud under any circumstances.

1.11 Notice of unauthorised or mistaken transactions or compromised account

(a) The Customer undertakes to notify the Company as soon as practically possible of any unauthorised or mistaken transactions, or any other fraud, loss or other similar occurrence, or where a Customer’s account has been or is suspected to have been compromised.
(b) The Company provides Customer support for mistaken or unauthorised transactions and compromised accounts via the email address support@apy.app.
(c) The Company shall review and endeavour to respond to Customer notices within 5 Business Days.
(d) The Company may take any action it considers necessary, in its absolute discretion, to secure a Customer’s Account or to otherwise protect the Platform, other Accounts or Users, including but not limited to:

suspend the Customer's Account;
suspend pending transactions to other Accounts or to Vendors;
suspend Accounts to which the transactions have been submitted (for example, in the case of fraudulent transactions);
disable (i.e. freeze) a Customer's Account;
request verification of the Customer's account by submission of personal identification documents;
request verification of Account holders who are suspected recipients of fraudulent transactions by requiring submission of personal identification documents;
refer matters to the relevant authorities, depending on the matter and on the relevant jurisdiction, including but not limited to State or Federal Police agencies in Australia and Interpol;
share Customer's data, including transaction data, with private investigators hired by the Company;
use Customer data to train machine learning models in order to predict and prevent future attacks.

2. RELATIONSHIP

2.1 The Company’s role is limited to providing the Platform to facilitate the sale and purchase of Products, and the Vendor and Customer are directly responsible to each other with respect to each Purchase Order completed via the Platform.

2.2 The Customer acknowledges and agrees that:

(a) The Vendor is not engaged by the Company and the Vendor does not provide Products on behalf of the Company; and
(b) The Company is not an agent of the Vendor but merely provides the Platform for the Vendor to create a Store and sell Products.

2.3 For the avoidance of doubt, the Company is not responsible for, and not liable to the Customer with respect to, the conduct of the Vendor or any activities that occur in relation to a Purchase Order, or activities by other Customers or Vendors.

3. PURCHASE PRICE AND REFUNDS

3.1 Purchase Price

(a) The Customer must pay the Purchase Price to complete an Order.
(b) The Purchase Price must be paid via the Payment Gateway or via ApyDollars and is payable to the relevant Vendor in which Products were purchased from.
(c) Products are priced and payable in Australian dollars via the Payment Gateway and priced in Australian dollars and payable in ApyDollars via the Platform.
(d) Where available, ApyDollars may be used to pay part of or the full Purchase Price.
(e) Promotions may affect the Purchase Price payable by the Customer.
(f) The Customer will receive a Tax Invoice via the Platform on each completed Purchase Order.

3.2 Refunds

(a) The Customer may make a refund request within the Platform with respect to a completed Purchase Order.
(b) Refunds are managed directly by the relevant Vendor, who has absolute discretion on whether to apply a refund in the circumstances.
(c) Except to the extent a Vendor requires assistance refunding ApyDollars to a Customer’s Account, the Company is not involved in refunds that relate to payments made via the Payment Gateway and shall not be liable to the Customer in any way with respect to any Australian dollar or ApyDollar refund claim.

3.3 Debt Recovery

(a) In the event that the Company facilitates a Customer’s Purchase from a Physical Store and the transaction is later declined by reason of the Customer’s lack of sufficient funds to make the purchase (or for any other reason), the Company will initiate a subsequent transaction to debit the Customer’s Account (Transaction Attempt).
(b) The Company will initiate up to three Transaction Attempts to secure payment from the Customer after which the Company reserves the right to refer the debt to a third party collections agency.
(c) The Customer indemnifies the Company against the cost of failed Transaction Attempts and recovering the debt.
(d) The Customer expressly consents for the Company to contact the Customer in respect of the Transaction Attempt.

4. GENERAL CONDITIONS

4.1 Licence

(a) By accepting these Customer Terms of Service, the Customer is granted a limited, non-exclusive and revocable licence to access and use the Platform, in accordance with these Customer Terms of Service.
(b) The Company may revoke or suspend the Customer’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of these Customer Terms of Service by the Customer.

4.2 Modification of Terms

(a) These Customer Terms of Service may be updated by the Company from time-to-time.
(b) Where the Company modifies these Customer Terms of Service, an updated version will be notified and made available to Customers on the Platform the next time the Platform is accessed after the change.

4.3 Software-as-a-Service

(a) The Customer agrees and accepts that the Platform is:

Hosted on servers managed by the Company, or by Third Party Service Providers and systems approved by the Company, and shall only be accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the Customer’s systems; and
Managed and supported by the Company and other Third Party Service Providers engaged by the Company from time-to-time from the servers, and that no ‘back-end’ access to the Platform is available to the Customer 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.

4.4 Third Party Services

(a) The Customer agrees and acknowledges that use of the Platform is dependent on Third Party Services.
(b) The Customer agrees that access to the Platform as a whole, or access to certain features of the Platform, may be unavailable if the Third Party Service becomes unavailable.
(c) The Company has no relationship with any Third Party Service and cannot guarantee the efficacy of any Third Party Service.
(d) The Customer must comply with the terms and conditions of any Third Party Service.
(e) The Customer is wholly responsible for ensuring its own compliance with the terms and conditions of any Third Party Service in respect of any connection with the Platform.

4.5 Support

(a) The Company provides Customer support for the Platform via the email address support@apy.app.
(b) The Company shall endeavour to respond to all support requests within 5 Business Days.

4.6 Use & Availability

(a) The Customer 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.
(b) The Customer agrees that the Company may refuse, condition, or suspend use of the Platform or any transactions a Customer makes through it that the Company believes may violate these Customer Terms of Service or the User Code of Conduct, or that expose a Customer, a Vendor, the Company or others to unacceptable risk, determined at the Company’s sole discretion. If the Company suspects or knows that a Customer is using or has used the Platform for unauthorised, fraudulent or illegal purposes, the Company may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with the Company’s legal obligations.
(c) The Customer agrees that the Company shall provide access to the Platform to the best of its abilities, however:

Access to the Platform may be prevented by issues outside of its control; and
It accepts no responsibility for ongoing access to the Platform.

4.7 User Data

(a) The Company agrees to treat all Customer Content as confidential information under these Customer Terms of Service.
(b) Each Customer is responsible for the accuracy, quality and legality of any content uploaded by the Customer and the Company accepts no liability for the content of the Customer.
(c) The Company shall not access, use, modify or otherwise deal with Customer Content except where required by compulsion of law, upon the Customer’s authority (such as to provide support for the Platform) and/or otherwise in accordance with these Customer Terms of Service.
(d) The Company may suspend accessibility to Customer Content that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.

4.8 Privacy

(a) The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about Customers.
(b) The Privacy Policy does not apply to how the Customer handles personal information. If necessary under the Privacy Act, it is the Customer’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
(c) The Platform may use cookies (a small electronic tracking code) to improve a Customer’s experience while browsing, while also sending browsing information back to the Company. The Customer may manage how it handles cookies in its own browser settings.

4.9 Advertising

The Platform may contain information and advertising from Third Party Service Providers, people and websites, and the Customer consents to receiving this information as part of their use of the Platform.

4.10 Intellectual Property

(a) Trade marks. The Company has moral & registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Customer warrants that it shall not infringe on any third party rights through the use of the Platform.
(c) Content. All content submitted to the Company (excluding Customer Content), whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Platform.

4.11 Third Party Dependencies

The Customer agrees and acknowledges that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting 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.

4.12 Liability & Indemnity

(a) The Customer agrees that it uses the Platform at its own risk.
(b) The Customer 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 Customer’s use of or conduct in connection with the Platform, including any breach by the Customer of these Customer Terms of Service or the User Code of Conduct.
(c) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, 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 Customer’s access to, or use of, or inability to use the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
(d) Certain rights and remedies 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 those that cannot be excluded, the Company and the Company’s related entities 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:

The re-supply of services or payment of the cost of re-supply of services; or
The replacement or repair of goods or payment of the cost of replacement or repair.

4.13 Termination

(a) The Company may terminate these Customer Terms of Service at any time by giving the Customer written notice.
(b) Termination of these Customer Terms of Service is without prejudice to and does not affect the accrued rights or remedies of the Customer or the Company arising in any way out of these Customer Terms of Service up to the date of termination.

4.14 Death and Inactive Customer Accounts

(a) In the event of death of a Customer, and once the Company is notified of the Customer’s death, ApyDollars will be forfeited to the Company unless one or more beneficiaries have been nominated by the Customer in the Customer’s Account before the date of death or the executor of the Customer’s estate makes a request in writing to support@apy.app that the ApyDollars balance be transferred to one or more beneficiaries within two (2) years from the date of death.
(b) Where a Customer’s Account has been inactive for more than twenty-four (24) months, the Customer’s ApyDollars will be forfeited to the Company. The Company will consider a request in writing to support@apy.app from the Customer, their attorney or their executor, to return the forfeited ApyDollars.

4.15 Dispute Resolution

(a) If any dispute arises between the parties in connection with these Customer Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
1. Includes or is accompanied by full and detailed particulars of the Dispute; and
2. 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 of each party with the authority 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 under this document and any related agreements.

4.16 Electronic Communication & Notices

(a) The parties agree to be bound by these Customer Terms of Services where these terms are accepted by the Customer electronically.
(b) The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in these Customer Terms of Service. The Company will notify the Customer of a change of details from time-to-time.
(c) The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update its contact details as they change.
(d) A consent, notice or communication under these Customer Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
(e) Notices must be sent to the parties’ most recent known contact details.

4.17 General

(a) Assignment. The Company may assign or otherwise create an interest in its rights and obligations under these Customer Terms of Service by giving written notice to the Customer.
(b) Disclaimer. The Customer acknowledges that it has not relied on any representation, warranty or statement made by the Company, other than as set out in these Customer Terms of Service.
(c) Relationship. The relationship of the Customer and the Company does not form a joint venture or partnership.
(d) Waiver. No clause of these Customer Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing by the Company.
(e) Governing Law. These Customer Terms of Service are governed by the laws of New South Wales, Australia. The Company and Customer hereby submit to the exclusive jurisdiction of the courts with jurisdiction there.
(f) Severability. Any clause of these Customer 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 Customer Terms of Service.

END CUSTOMER TERMS OF SERVICE