Terms of Service

Last Updated 3rd June 2026

MAXM Skate Pty Ltd ACN 161 034 939 (we, us, our) carry on business providing knee rehabilitation apparatus with integrated Bluetooth sensors (Devices) to assist in patient recovery. We also provide individuals (who use the Devices) with information regarding knee rehabilitation exercises and techniques, live data and real-time feedback regarding their use of the Devices, and other products and services from time to time, through our website located at https://www.maxm.com.au/ (Website), our mobile application known as ‘MAXM Skate’ which is available on the Apple App Store or the Google Play Store (App), social media accounts, and any other platforms, software and technological means which may be provided by us from time to time (collectively, the Services).

These Terms of Service (Terms) constitute a legally binding agreement between you and us for the use of the Services by you.

We, as the providers of the Services, together with (from time to time) our licensors, subsidiaries and associated legal entities, agree to provide the Services to you, in accordance with these Terms.

NOTE: We are committed to providing high-quality knee rehabilitation devices to support your recovery journey. However, please note that the information, resources and procedures provided through our Services are for general educational and informational purposes only and is not intended to constitute, or be construed in any way as, medical or health advice, diagnosis, treatment, or care from a medical or health professional. Always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition or treatment. Reliance on any information provided is solely at your own risk.

IMPORTANT:

• By either, using the Website and App, consenting upon signing up for an Account, and/or otherwise using the Services and the Devices, you agree to be bound by these Terms and our Privacy Policy. From time to time, due to the nature of our Services and Devices, we may require you to (at our discretion) comply with additional terms, but we will let you know as soon as they apply to you (Additional Terms).

• You consent to our collection, use, storage and disclosure of your Personal Information and Sensitive Information (as defined in the Privacy Act 1988 (Cth)) that you provide to us, in accordance with our Privacy Policy.

• We are unable to provide our Devices and/or Services to you if you do not accept these Terms, the Privacy Policy and Additional Terms (if any).

• Use of the App is subject to any rules or policies applied by any mobile application store provider or operator whereby you downloaded the App.

• Any person under the age of 18 may only use the Devices and Services with the supervision of a parent or legal guardian who registers for an Account for the Services and thus agree to be bound by these Terms and our Privacy Policy.

• For the avoidance of doubt, we do not sell the App or our Website to you.

• You warrant that you will comply with these Terms, Privacy Policy and any Additional Terms (if applicable) when accessing our Services.

• The Services are not a substitute for specialist medical or health advice that has been tailored to your specific needs.

• We make no warranties as to the accuracy or reliability of the information provided through our Services and we disclaim all liability associated with your reliance on such information.

1 GENERAL ACKNOWLEDGMENTS AND WARRANTIES

(a) These Terms apply to the Device(s), Services, App and Website, including any updates or supplements thereto, unless they come with separate terms, in which case those separate terms apply.

(b) You acknowledge that the Privacy Policy is subject to change in our sole discretion and it is your responsibility to regularly check our Privacy Policy for any updates.

(c) You acknowledge and understand that, before using the Services, you may be required to enter into third-party agreements and undertake and agree to enter into such third-party agreements before using the Services. To the extent of any inconsistency between the terms of the third-party agreement and these Terms, the terms of the third-party agreement shall prevail in all respects.

(d) If any open-source software is included in the Device(s), Services, App or Website, the terms of an open-source licence may override some of these Terms (as the case may be).

(e) We may change these Terms at any time for any reason. In the event of such change, we will notify you by email and when you access the App, Services or Website next. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Device(s), Services, App and/or Website.

(f) From time to time updates to the Services, App and Website may be issued. Depending on the update, you may be unable to use the Device(s), Services, App or Website until you have complied with the requirements of that update, which may include downloading software to access the latest versions and accepting any new terms.

(g) The terms of our Privacy Policy are incorporated into these Terms by reference and apply to your use of the Device(s), Services, App and Website, and you undertake that you have read, and agree to be bound, by the Privacy Policy.

(h) By using the Device(s), Website, and App, you consent to:

(i) us collecting and using technical information about the hardware and peripherals that you use to access the Website and App that are internet-based or wireless to improve our products and to provide any services to you; and

(ii) monitoring your conduct while using the Device(s), Website and App and collecting information associated with your conduct.

(i) The Website and App may contain links to other independent third-party websites (Third-party Sites). The Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

(j) By using the Device(s), Services, App and/or Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Device(s), Services, App and/or Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

(k) The Website and/or App may make use of location data sent from the Device(s). You can turn off this functionality at any time by turning off the location services settings. If you turn off location services, some functions of the Website and/or App may not work. If you turn on location services, you consent to our (and our affiliates’ and licensees’) transmission, collection, maintenance, processing and use of your location data, in accordance with our Privacy Policy, to provide and improve the Services. You may withdraw this consent at any time by turning off the location services settings.

(l) Unless otherwise noted, all content provided on our Website, App, Services and Device(s), including, but not limited to, images, illustrations, designs, icons, photographs, video clips, written material and other materials, is our property or the property of our suppliers, partners, or affiliates, and is protected by Australian and international copyright laws. Any unauthorised use of any such content or materials is strictly prohibited and may violate copyright and trade mark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content can be made only with the prior written and express authorisation of us.

(m) All trade marks, trade dress and service marks (whether registered or unregistered) of us and our respective designs and/or logos on the Website, App, Services and Device(s), are our exclusive trade marks (or our licensors, suppliers, partners or affiliates’). Our trade marks, trade dress and service may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, product names and company names or logos used on the Website, App, Services and Device(s) are the property of their respective owners and have been licensed to us. You may not use our trade marks, trade dress, service marks or intellectual property, nor may you place any meta tags or any other “hidden text” utilising our name or our related companies, trademarks, or product names, without our express written consent.

(n) We may, from time to time (despite not having an obligation to do so) confirm or check the accuracy, legitimacy or efficacy of any information provided by you to us. Where we make a request, you must promptly provide to us any information we require to confirm that the information you submit to us is true and accurate (and not misleading, deceiving or fraudulent).

2 SUBSCRIPTION FEE

2.1 Payment Method

(a) We offer the Services on a subscription basis, and you may subscribe for the Services through the Website and/or App (Subscription).

(b) We may offer different plans (Plan) which vary in respect of the subscription fee (Fee), billing period (Billing Cycle), depending on the type of Account you are registering as.

(c) When you sign up for a Plan, you are required to provide us one or more current, valid, accepted methods of payment, which may be updated from time to time (Payment Method).

(d) By signing up for a Plan, you agree to us charging the Fee to your Payment Method in accordance with the Billing Cycle.

(e) Your Billing Cycle may change where your Payment Method has not successfully settled the Fee or the Payment Date is on a day not contained in a given month.

(f) We will notify you by email as soon as reasonably practicable after a payment has been successfully processed and received by us.

(g) If we cannot charge you, you will receive a notification from us, and you will need to contact us to resolve the issue. We will not attempt to charge you again until the issue has been resolved.

(h) If we do not receive payment of the Fee from the Payment Method, we may suspend your access to the Services until we have successfully charged a valid Payment Method.

(i) For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.

(j) You can update your Payment Method in the Website and/or App. You consent to us continuing to charge the Payment Method where we receive updated payment information from the payment provider.

(k) We make no warranties that a Payment Method will be available to use at the time of payment.

(l) If you believe that you were incorrectly charged, please contact us immediately. Please note that we will only store and hold information relating to the payment credentials in accordance with our Privacy Policy.

2.2 Cancellation of Subscription

(a) You may cancel your plan through the Website and/or App at any time and will continue to have access to the Services until the end of the Billing Cycle.

(b) To the maximum extended permitted by law, all payments which have been made are non-refundable, including but not limited to, where you have not used the Services.

2.3 Changes to Plan

We may change the Plans available through our Website and/or App at our discretion, including the Fee, by providing you with 30 days prior written notice.

3 INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

(a) You acknowledge that:

(i) all rights, title and interest in Our Intellectual Property Rights, anywhere in the world, belong to us or our licensors;

(ii) all rights in relation to the Website and App, are licenced (not sold) to you;

(iii) you have no proprietary rights, title or interest in Our Intellectual Property Rights, other than the right to use those rights in accordance with these Terms; and

(iv) nothing contained in these Terms shall be construed as an assignment or transfer of Our Intellectual Property Rights to you.

(b) In these Terms, Our Intellectual Property Rights means all present and future industrial and intellectual property rights relating to intellectual property that is our property and relates to the Services, Device(s), Website, App, Feedback or us, including, without limitation:

(i) inventions, patents, copyright, trade business, company or domain names, rights in relation to circuit layouts, plant breeders’ rights, registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have Confidential Information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and

(ii) any application for or right to apply for registration of any of those rights.

In these Terms, Feedback means any notes, messages, ideas, comments, concepts, feedback, suggestions, recommendations, or any other like content (in any form whatsoever) which you provide to us through our Services, Device(s), Website, and App, in email or chat correspondence, or through any other means whatsoever, which relate to the functionality, operations or features of the Services, Device(s), Website, and/or App, and any intellectual property rights associated with, or subsisting within, the same.

4 LICENCES

4.1 Licence

(a) In consideration of you agreeing to abide by these Terms and your payment of the Fee(s) to us, we grant you a personal, royalty-free, non-sublicensable, non-transferable, non-exclusive, revocable, limited, Australia-wide licence to use:

(i) Our Intellectual Property to access the Services; and

(ii) the Website, App, any other technological platforms made available by us from time to time in connection with our Services,

for personal and non-commercial purposes only, subject to these Terms and the Privacy Policy (Use Licence).

4.2 Licence Restrictions

(a) You undertake and agree to not:

(i) resell or use the Website or App (or their content) for any other purpose other than as is provided for in these Terms;

(ii) make derivative uses of the Website or the App (or their content);

(iii) copy, imitate, mirror, reproduce, distribute, publish, download, post, display or transmit the download of, the Website or App except where incidental to normal use of the Website or App;

(iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website or App;

(v) make alterations to, or modifications of, the whole or any part of the Website or App, or permit the Website or App (or any part of them) to be combined with, or become incorporated in, any other programs or software;

(vi) allow the Website or App to be exposed to any virus, worms or any other form of destructive malware;

(vii) disassemble, decompile, reverse-engineer or otherwise reduce the Website or App to any human-readable form, or create derivative works based on the whole or any part of the Website or App;

(viii) provide or otherwise make available the Website or App in whole or in part (including object and source code) to any other party without our prior written consent;

(ix) use the Website or App (or allow the Website or App to be used) in an unlawful, disingenuous, deceptive, manipulative, inappropriate, fraudulent or malicious manner, or in any manner inconsistent with these Terms (as determined by us);

(x) infringe Our Intellectual Property Rights or those of any third-party in relation to the Website or App;

(xi) use, or allow to be used, the Website or App in a manner likely to, disrupt the Website or App, or bring us (or any matter relating our business) into disrepute (as determined by us);

(xii) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or App, or collect any information from the Website or App (except in such a manner that is incidental to normal use of the Website or the App);

(xiii) challenge the validity or assist another to challenge the validity of Our Intellectual Property Rights;

(xiv) hack into or inserting malicious code, including viruses, or harmful data, into the Website or App;

(xv) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website or App (as determined by us);

(xvi) use the Website or App in a way that could damage, disable, overburden, impair or compromise the Website or App;

(xvii) collect or harvest any information or data from the Website or App, or attempt to decipher any transmissions to (or from) the servers;

(xviii) provide or otherwise make available the Website and App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and

(xix) contravene any technology control or export laws and regulations that apply to the technology used or supported by the Device(s), Website, or App.

4.3 General Licence

(a) You grant to us a non-exclusive, sublicensable, non-transferable, revocable, world-wide, royalty-free licence to use Your Intellectual Property Rights, for the purposes of providing the Device(s), Services, Website, and App to you (Our IP Licence).

(b) You consent to any uses, acts or omissions by us (and our employees, contractors, and affiliates) which would otherwise breach any of your moral rights (as defined in Part IX of the Copyright Act 1968 (Cth).

(c) In these Terms, Your Intellectual Property Rights means all present and future industrial and intellectual property rights relating to intellectual property that is your property and you provide to us through the App, Website, and/or Device(s), such as the Personal Information, including without limitation:

(i) inventions, patents, copyright, trade business, company or domain names, rights in relation to circuit layouts, plant breeders’ rights, registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have confidential information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and

(ii) any application for or right to apply for registration of any of those rights.

4.4 Warranty

You warrant and undertake that you are the sole and exclusive owner of Your Intellectual Property Rights, that Your Intellectual Property Rights will not in any way infringe upon or violate the rights of any other party (including without limitation any rights of copyright, patent, trade secret or other intellectual property rights), and you have the authority to grant to us the licences to use Your Intellectual Property contained in these Terms.

5 CONFIDENTIAL INFORMATION

5.1 Obligation

(a) Each party must keep the Confidential Information confidential.

(b) Subject to clauses 5.2 and 5.4, no party may use or disclose the Confidential Information of any other party for any purpose other than that which the information was disclosed.

(i) information you provide us to enable us to provide the Device(s), Services, App and Website to you, including but not limited to the Personal Information you provide on the Website and/or App;

(ii) know-how, trade secrets, ideas, concepts, technical and operational information, commercial, financial, legal and other advice, correspondence, material, memoranda, opinions, know-how and information in whatever form confidential to or used by us;

(iii) information concerning the affairs or property of us or any business, property or transaction in which us may be or may have been concerned or interested;

(iv) information about the terms or effect of these Terms, and any information directly or indirectly relating to Your Intellectual Property Rights or Our Intellectual Property Rights; and

(v) information which, by its nature or by the circumstances of its disclosure, is or could reasonably be expected to be regarded as confidential to us.

5.2 Exclusions

The obligations of confidence under these Terms do not apply to any information that:

(a) is in the public domain (other than through any breach of these Terms or any confidentiality obligations);

(b) the receiving party can prove that the information was known to it at the time of disclosure by the disclosing party, free from any obligation of confidence; or

5.3 Survival of Obligations

The obligations of confidentiality under these Terms survive the expiration or termination of these Terms.

5.4 Permitted Disclosure

Each party may only disclose another party’s Confidential Information to those of its employees, contractors or professional advisers who need to know the information and who are aware of the confidential nature of the information, provided that the disclosing party shall be responsible for the conduct of their employees, contractors or professional advisers in compliance with these Terms.

5.5 Ownership

Unless otherwise provided in these Terms, no party will acquire any rights, title or interest to any Confidential Information or other property of any other party.

6 USER ACCOUNT

(a) To access the Services, Website, and/or App, you may be required to apply for and register an account by providing to us your Personal Information as requested by us (Account).

(b) You acknowledge and understand that:

(i) upon providing to us your Personal Information, you grant to us the licence to use your personal information in accordance with Our IP Licence and Privacy Policy;

(ii) you are solely responsible for maintaining the confidentiality of your Account and associated password(s) and for restricting access to your Device(s), and you accept responsibility for all activities that occur under your Account or password(s);

(iii) you will not use the Services, App, Website or Account for any unlawful or otherwise prohibited activity; and

(iv) you must immediately notify us in the event of any unauthorised use of the Services, App, Account or Device(s).

(c) We reserve the right to refuse access to your Account, the App, Website, Services, or terminate Accounts at our sole discretion.

(d) You warrant and undertake that, your Personal Information is current, accurate, complete and not fraudulent.

7 CONTENT SUBMITTED TO US

7.1 Content Facilities

The Website and App may provide facilities for you to submit content to us from time to time, such as through online forms, artificial intelligence chatbots, newsfeeds, bulletin boards, online chat facilities, comment areas, billboards, forums, groups, postings sections and other similar communications facilities (Content Facilities).

7.2 Acknowledgements

You acknowledge and understand that:

(a) any words, images, videos, sounds, music, posts, notes, messages, or other material of any kind (Service Content) which you submit to us must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material;

(b) you are responsible for all Service Content you provide to us;

(d) we reserve the right at all times and in our sole and absolute discretion, to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part;

(e) communications to or with the Content Facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or others;

(f) we do not control or endorse the Service Content, and specifically disclaim any liability with regard to same and any actions resulting from your engagement with the Content Facilities;

(g) all rights, title and interest in and to the Feedback (including any of Our Intellectual Property subsisting thereof) shall automatically vest in us upon transmission of the Feedback, for nil consideration, and we are free to use, reproduce, modify, alter, improve, distribute, publish, make derivative works from, and otherwise exploit such Feedback on an unlimited and unencumbered basis (and you undertake to do all things and sign all documents necessary to vest and secure ownership, registration and other protection of Our Intellectual Property in the Feedback in us);

(h) you irrevocably and unconditionally consent to all uses, acts or omissions by or on behalf of us, our assigns, licensees, or successors in title or any of its authorised persons of, or in relation to the Feedback and Service Content, including any uses, acts or omissions which would otherwise breach any of your moral rights (as defined in Part IX of the Copyright Act 1968 (Cth));

(i) the moderators, forum managers or hosts of the Content Facilities, are not our authorised spokespersons, and their views do not necessarily reflect our views;

(j) any communication or material you transmit to us by electronic mail, the Content Facilities or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except where otherwise stated in the Privacy Policy; and

(k) content submitted by the user into any artificial intelligence chatbot on the Website and/or App is not stored after a response is generated, and this data is not used to train any artificial intelligence models.

7.3 Warranties and Representations

You warrant and represent that:

(a) you hold all right, title and interest in the Service Content that you submit to us; and

(b) your submission of the Service Content to us does not (and will not) violate or infringe the rights of any third-parties.

7.4 Service Content Licence

You grant to us a non-exclusive, sublicensable, non-transferable, irrevocable, perpetual, world-wide, royalty-free licence to, in relation to the Service Content, use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content, for the purpose providing or improving the Website, App or Device(s) (Service Content Licence).

8 PROMO CODES / REWARDS / COUPONS

(a) We may offer you promotional codes, rewards, or coupons (Promotion), for the purposes accessing benefits from time to time, subject in all respects to the specific terms and conditions associated with that Promotion, which we may prescribe from time to time.

(b) We reserve the right to cancel, modify, deactivate or refuse the use of the Promotion, at any time, for any reason without notifying you.

9 SHIPPING AND OTHER SALE TERMS

(a) You undertake and agree to pay all costs, fees and expenses specified by us on the Website to deliver the Device(s), or any other products provided by us to you.

(b) We will not be liable or otherwise responsible for any failure of delivery, shortage, defect or damage or related direct, indirect, special or consequential losses, damages, liabilities, costs or expenses sustained by you or any other party of any delivery issues, losses or defects within 48 hours of delivery of the Devices (or any other products) to your nominated location (given all deliveries are completed through Australia Post).

(c) In the event that your delivery is lost or fails to be delivered, we will use reasonable endeavours to recover that product and (at our discretion) agree to provide you with a replacement. The postage fee for the delivery of any such replacement product must still be paid by you prior to the replacement product being delivered to you.

(d) We reserve the right to accept or reject your request for the products for any reason, including, without limitation, an error in the product description or the price posted on the Website for the products, the availability of the products or an error in any order for the products. Your contract with us for any purchase of the products will only come into existence when we forward you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of delivery and/or an invoice.

10 LIMITATION OF LIABILITY

You acknowledge and understand that:

(a) the Device(s) may fail to function properly from time, and the use of the App, Device(s), Website and Services is at your sole and exclusive risk;

(b) the App, Device(s), Website and Services have not been developed to meet individual requirements, and that it is therefore your responsibility to ensure that the processes and functions thereto meet your requirements;

(c) we assume no duty of care to you or any other party who relies on anything provided for by us through the App, Device(s), Website or Services;

(d) we rely on all warranties and undertakings provided by you under these Terms;

(e) while we will use reasonable endeavours to ensure that the App, Device(s), Website and Services (and all information provided thereto) are up-to-date and current, it is not our responsibility to monitor any changes in generally accepted standards, and we assume no liability associated with the same;

(f) we cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third-party service providers;

(g) we are not responsible or liable for the malfunction of, or interruption to, the Device(s) App, Services or Website that are beyond our reasonable control;

(h) while we may collect the Personal Information, and Service Content from time to time, and without limiting our right to make reasonable enquiries to ascertain the legitimacy and efficacy of the Personal Information and Service Content, at no stage are we responsible for (nor do we make any representations or warranties with respect to) the Personal Information and Service Content. Similarly, we are not obliged to confirm or check the accuracy, legitimacy or efficacy of the Personal Information or Service Content;

(i) the Device(s) are your sole responsibility, and we do not accept any liability for any damage, theft or loss in relation to the Device(s);

(j) we do not insure, we are not responsible to insure (and it is your sole responsibility to insure) you, in connection with your use of the Device(s), Services, App and Website;

(k) notwithstanding anything in these Terms, to the maximum extent permitted by law (unless expressly indicated otherwise in these Terms, and unless any of the following is directly caused by our wilful misconduct or negligence), we have no liability to you for:

(i) any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill, or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence, statute, or any acts or omissions by third parties) which may be suffered or incurred by you or which may arise from or in connection with your use of the App, Device(s), Website and Services, or your use of or reliance upon any of the information provided by us to you;

(ii) any losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way, arising in connection with:

(A) death, personal injury or property damage resulting directly or indirectly from use of the App, Device(s), Website and/or Services; and/or

(B) any failure or delay of provision of the Services due to matters beyond our reasonable control.

(iii) any act or omission, made in error by you, in the course of using the App, Device(s), Website and/or Services.

(l) we disclaim all representations, warranties and liabilities, express or implied in connection with the provision of the Device(s), Services, App and Website, other than in accordance with these Terms; and

(m) to the extent permitted by law, our maximum aggregate liability to you for all claims under or in connection with these Terms, whether for a breach of these Terms, for negligence or for any other statutory or common law cause of action, shall in all circumstances be limited to an amount equal to the fees paid by you to us in the preceding 12 months under these Terms.

11 DISCLAIMER

You acknowledge and agree that:

(a) your use of the Website and/or App is at your own risk;

(b) the Website and/or App has not been developed to meet your individual requirements;

(c) it is your responsibility to ensure that the processes and functions of the Website and/or App meet your requirements;

(d) we assume no duty of care to you or any other party who relies on anything provided for by the Platform;

(e) the use of the Website, App and/or Services is at your own risk, and you assume all risk of injury, illness, damage or loss to you or any other parties in connection with such use;

(f) the Website, App and/or Services are provided on an “as is” and “as available” basis and we do not guarantee that the Website, App and/or Services will be, available from to time and/or suitable for your needs;

(g) we do not warrant or guarantee that the Website and/or App will be provided in an uninterrupted, continuous and error-free manner;

(h) we are not responsible for the Service Content;

(i) while we will use reasonable endeavours to ensure that the Website, App and/or Services (and all information provided thereto) are up-to-date and current, it is not our responsibility to monitor any changes in generally accepted standards and we assume no liability associated with the same;

(j) we rely on all warranties and undertakings provided by you in relation to the Services and the Website and/or App as set out in these Terms;

(k) we cannot guarantee that our security procedures will be error-free, that transmissions of your data will always be secure or that unauthorised third parties will never be able to defeat our security measures or those of our third-party service providers;

(l) while we may collect Personal Information in accordance with these Terms, without limiting our right to make reasonable enquiries to ascertain the legitimacy and efficacy of Personal Information, at no stage are we responsible for (nor do we make any representations or warranties with respect to) the Personal Information and/or the Content, nor are we obligated to confirm or check the accuracy, legitimacy or efficacy of the Personal Information and/or the Content; and

(m) we disclaim any and all warranties and representations (express or implied, oral or written) with respect to the Website, App and/or Services, including any:

(i) implied warranties of merchantability;

(ii) implied warranties of fitness or suitability for any purpose; and

(iii) warranties of non-infringement or condition of title.

12 AGE RESTRICTIONS

(a) The Website, Device(s), Services, and App are designed and intended for individuals aged 18 years and above.

(b) In the event you are below 18 years of age, unless we otherwise consent:

(i) you must immediately cease using this Website, Device(s), Services, and App; and

(ii) we will immediately terminate your Account and these Terms.

13 USE OF THIRD-PARTY FACILITIES

13.1 App Stores

(a) The App may be downloaded from either the Apple Inc (Apple) application store (Apple App Store) or the Google LLC (Google) android application store (Google Play Store).

(b) You acknowledge:

(i) “Apple”, “Apple Pay”, “Touch ID”, the Apple logo, “iPhone” and other trademarks registered in the U.S. and other countries, are the property of Apple;

(ii) “Android”, the Android logo, “Google Play”, and other trademarks registered in the U.S. and other countries, are the property of Google;

(iii) these Terms are solely between you and us and not with Apple or Google;

(iv) we, not Apple or Google, are solely responsible for the App and the content contained within the App;

(v) use of the App is subject to any additional restrictions set out in the usage rules for the Apple App Store and the Google Play Store;

(vi) to the extent that there is a conflict between these Terms and the terms of use for the Apple App Store or the Google Play Store, the terms and conditions of the Apple App Store or the Google Play Store will prevail; and

(vii) Apple and/or Google has no obligation whatsoever maintain the App and/or provide support services with respect to the App.

13.2 Google Maps

(a) The App may provide you with access to Google Maps.

(b) Your use of Google Maps is subject in all respects to the Google Maps Terms of Service and Privacy Policy as may be amended from time to time.

14 TERMINATION

(a) We may terminate these Terms immediately by written notice to you, at any time, for any reason.

(b) You may terminate these Terms at any time, for any reason, by cancelling your Subscription through the Website and/or App.

(i) all rights granted to you under these Terms shall immediately cease;

(ii) you will no longer be granted access to the Services or the Website and/or App;

(iii) the Use Licence will be immediately and automatically revoked; and

(iv) you must immediately return to us any Intellectual Property, and any of our confidential information or other property that is in your possession at that time.

15 RELEASE AND INDEMNITY

(a) You discharge and forever release us from any claim, loss, actions, proceedings, demands, costs, expenses and liability relating to your use of the Device(s), Services, App and/or Website.

(b) You hereby defend, indemnify and hold harmless, us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all actions, claims, demands, suits, charges, losses, costs, damages or expenses, arising in connection with your:

(i) use of the Device(s), Services, App or Website; and/or

(ii) breach of these Terms.

16 GST

(a) Unless otherwise expressly stated, the price and any other sums payable for any Services are exclusive of GST.

(b) Given GST is payable by you for any services under these Terms, you agree to pay to us an additional amount that is equal to the amount payable by us for the relevant supply multiplied by the prevailing GST rate. This additional amount is payable at the same as the purchase price for the relevant supply to which the additional amount rates.

(c) In the event of a taxable supply, we will ensure any such supply is provided for in any Invoice provided to you (as appropriate).

17 DISPUTES

In the event of any dispute under these Terms:

(a) you will notify us of the complaint using the contact details provided in these Terms;

(b) we will review your complaint and request any further information that we may require;

(d) you agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.

18 GENERAL

18.1 Events outside our Control

(a) We will not be liable or responsible for any delay in or failure to comply with these Terms if such delay or failure is caused by circumstances beyond that party’s reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (Event Outside Our Control).

(b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

(i) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(ii) we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.

18.2 Variation

We may vary these Terms at any time, for any reason, by notice to you. You may not vary these Terms without our consent.

18.3 Assignment

We may transfer our rights and obligations under these Terms to another party at our discretion, without notice to you. You may only transfer your rights or obligations under these Terms to another party if we agree in writing.

18.4 Waiver

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.5 Severance

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

18.6 Authority

Each party warrants, undertakes and represents to the other party that it has the necessary power and authority to execute, deliver and perform these Terms and to become bound by it and that all necessary corporate action has been taken to authorise the execution of these Terms.

18.7 Governing Law

These Terms are governed by the law in force in South Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State in respect of all proceedings arising in connection with these Terms.

19 COMMUNICATION BETWEEN US

(a) If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by:

(i) e-mail to [email protected] or

(b) If you wish to speak to us you can call our Customer Support on +61 483 933 022 (Australia and International)

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us when creating an Account.

Terms of Service

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