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Pop That Beauty

Terms and Conditions of Use

  1. About Pop That Beauty
    1. Welcome to Pop That Beauty. Pop That Beauty provides a platform to facilitate the introduction between customers who wish to obtain beauty and wellness treatments and beauty and wellness therapists (the “Services“)
    2. These terms and conditions of use (the “Terms”) are a contract between you (“you” or“your(s)”) and Pop That Beauty Pty Ltd (ACN 612 993 290, ABN 16 612 993 290) (“we”,“us”, “our” and “Pop That Beauty”). You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use our website located at or any other websites, mobile sites, applications and services made available by us (the “Site“). By accessing, using, browsing and/or reading the Site, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Site and any of the Services, immediately.
    3. Pop That Beauty reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Pop That Beauty updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
    4. In these Terms:
      • (a) “Client(s)” means a person who wishes to obtain beauty and wellness treatments;and
      • (b) “Professional(s)” means a person or organisation who provides beauty and wellness treatments.
  1. Acceptance of the Terms
    1. You accept the Terms by accessing, using or browsing the Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Pop That Beauty in the user interface.
  1. Registration to use the Services
    1. In order to access the Services, you are required to register for an account with Pop That Beauty (“Member Account“).
    2. If you are a Professional, as part of the registration process, or as part of your continued use of the Services, you may be required to provide information about your business,including the business name, Australian Business Number (ABN), qualifications, email address, street address, contact number, bank account and information about the of services that you are able to provide. You will also be required to set a username and password (“Login Credentials”).
    3. If you are a Client, as part of the registration process, or as part of your continued use of the Services, you are required to provide personal information such as your name,address, email address, phone number and location. You will also be required to create your Login Credentials.
    4. Pop that Beauty reserves the right to verify the information you have provided in your registration and to suspend or terminate the Member Account of any Member who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
    5. You warrant that any information you give to Pop That Beauty in the course of completing the registration process will always be accurate, correct and up to date.
    6. Once you have completed the registration process, you will be a registered member of the Site (the”Member“) and agree to be bound by the Terms.
    7. Once registered as a Member:
      • (a) if you are a Client, you will have a profile page that includes your first name,location (suburb), Pop That Beauty joining date, a description of yourself, your preferred beauty/wellness treatments and needs and any reviews you have provided for Professionals. You acknowledge and agree that your profile page is visible to Professionals to whom you have sent a booking request for the purpose of offering you a tailored service. Your profile will not be displayed to any other users of the Site;
      • (b) if you are a Professional, you will have a “shop” page that includes information such as your location (suburb) and opening hours, qualifications, ABN, adescription of you and your work and information on the services you provide such as pricing, duration and description. Professional “shop” pages are visible to anyone who browses the Site. Your exact address is only shown to Clients who have booked an appointment at your business premises.
    8. You may not use the Services and may not accept the Terms if:
      • (a) you are not of legal age to form a binding contract with Pop That Beauty; or
      • (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  1. Your obligations as a Member
    1. You agree that you will comply with these Terms and the Community Guidelines at all times during your use of the Site or the Services.
    2. As a Member, you agree to comply with the following:
      • (a) you will use the Site and Services only for purposes that are permitted by:
        • (i) the Terms; and
        • (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      • (b) you have the sole responsibility for protecting the confidentiality of your Login Credentials. Use of your Login Credentials by any other person may result in the immediate cancellation of your Member Account;
      • (c) any use of your Login Credentials by any other person, or third parties, is strictly prohibited. You agree to immediately notify Pop That Beauty of any unauthorised use of your login credentials or any breach of security of which you have become aware;
      • (d) access and use of the Site is limited, non-transferable and allows for the sole use of the Site by you for the purposes of Pop That Beauty providing the Services;
      • (e) you will not use the Services or Site for any illegal and/or unauthorised use which includes, but is not limited to, collecting contact details of other Member by electronic or other means for the purpose of unsolicited contact or unauthorised framing of or linking to the Site;
      • (f) you agree that unauthorised commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of your Member Account. Appropriate legal action will be taken by Pop That Beauty for any illegal or unauthorised use of the Site;
      • (g) you acknowledge and agree that any automated use of the Site or its Services is prohibited; and
      • (h) You agree that you will not use the Services or Site in any way that:
        • (i) includes obscene or offensive language or images (such as pornography or nudity);
        • (ii) defames, libels, ridicules, mocks, disparages, threatens, harasses, intimidates or abuses anyone;
        • (iii) promotes violence;
        • (iv) violates the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
        • (v) includes any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
        • (vi) reveals any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
        • (vii) attempts to or impersonate any other party;
        • (viii) tricks, defrauds, deceives or misleads other users;
        • (ix) raises money for anyone or advertises or promotes a product, service, pyramid scheme or other multi-tiered marketing scheme;
        • (x) disparages, tarnishes, or otherwise harms, in Pop That Beauty’s opinion, Pop That Beauty.
        • (xi) violates these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by Pop That Beauty on the Site;
        • (xii) uploads or transmits (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
        • (xiii) uploads or transmits (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as ;spyware;passive collection mechanisms; or &; and/or
        • (xiv) disguises or misleads as to the source(s) of information you submit to the Site.
    3. We reserve the right to remove any content in breach of clause 4.2(h) from the Site at our sole discretion, but are not required to do so.
  1. The booking process
    1. The Client sends a booking request to a Professional and enters their payment details. The payment is taken from the Client when the booking has been accepted by the Professional and held in escrow by Pop That Beauty until the service has been provided.
    2. The minimum booking notice is determined by each Professional. The maximum booking notice is 21 days.
    3. The Professional must respond to the Client’s booking request within 12 hours or the booking request will expire.
    4. Following provision of the service, the Client must confirm that the service has been provided. Confirmation by the Client will trigger the release of the funds to the Professional.
    5. If the Client does not confirm that the service has been provided within three days from the appointment and no dispute is opened by either Party (by contacting Pop That Beauty), Pop that Beauty will release the funds to the Professional.
    6. If the Client has missed the appointment, the Client must, within 3 days of the missed appointment, login to the Site and click the I missed it; button in the appointment listing in order to receive a refund of the amount paid less the No-Show fee (see clause 7.5 below).
    7. If the Professional does not confirm the missed appointment within 24 hours of the Client’s missed appointment notification, a dispute case will be opened and the dispute resolution procedure in clause 20 will apply.
    8. Following provision of the service, the Client will be asked to write a review of the Professional to assist other potential clients of the Professional.
    9. Pop That Beauty may decide not to allow a booking request to proceed if we believe, at our sole discretion, that the transaction is in violation of these Terms, or that it exposes Professionals, Clients or Pop That Beauty to harm.
  1. Fees
    1. Pop That Beauty does not provide nor charge for any beauty therapy or wellness services. Pop That Beauty is entitled to charge a transactional fee for each job facilitated by Pop That Beauty in exchange for the introduction and booking services Pop That Beauty provides to Professionals and Clients.
  1. Cancellation Policy
    1. If the Client cancels more than 24 hours before the appointment, an administration fee of 3.5% will apply.
    2. If the Client cancels less than 24 hours but more than 2 hours before the appointment, a late cancellation fee of 25% will apply.
    3. If the Client is a “No-Show” for the appointment or cancels less than 2 hours before the appointment, a late cancellation fee of 50% will apply.
    4. If the Professional cancels 24 hours or more before the appointment, the Client will be refunded the total amount paid.
    5. If the Professional cancels less than 24 hours but more than 2 hours before the appointment, the Client will be refunded the total amount paid and the Professional agrees to provide the Client with a 10% discount voucher for a future booking with that Professional, to be used within 30 days and non-redeemable for cash.
    6. If the Professional cancels less than 2 hours before the appointment, the Client will be refunded the total amount paid and the Professional agrees to provide the Client with 15% discount voucher for a future booking with that Professional, to be used within 30 days and non-redeemable for cash.
  1. Payment
    1. All payments are processed through our third party payment processor, Stripe. Using the Stripe platform, payment can be made with Visa, MasterCard and American Express.
    2. Stripe’s terms and conditions apply to all payments processed through Stripe. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of Stripe. By agreeing to these Terms and by continuing to submit an order, you agree to be bound by Stripe’s Privacy Policy, and, as Client, by Stripe’s Checkout User Terms of Service and, as Professional, by Stripe’s Connected Account Agreement.
    3. You acknowledge and agree that where a request for the payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the payment.
  1. Non-Solicitation
    1. Where a Client engages a Professional to provide further services outside the Site, the Professional must during the period of 12 months after first being introduced to the Client
      by Pop That Beauty, direct the Client to engage the Professional via the Site. Pop That Beauty will remove a Professional if they are found not to be directing the Client back to  the Site. In the event the Client engages the Professional outside the Site, the Professional acknowledges and agrees that the Professional is liable to Pop That Beauty for the equivalent of 15% (less GST) of all services rendered by the Professional to the Client during the above mentioned period of 12 months.
    2. Both the Client and the Professional grant Pop That Beauty the right to examine the books, accounts and records of the Client and the Professional, at such reasonable times as may be requested by Pop That Beauty to ascertain whether the Client and the Professional are in breach of this clause 9.
    3. Both the Client and the Professional acknowledge and agree that this clause 9 is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect Pop That Beauty’s business interests as it has expended significant resources in advertising, marketing and staffing to make its Services possible.
  1. Copyright and Intellectual Property
    1. The Site, the Services and all of the related products and services of Pop That Beauty are subject to copyright. The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, Site, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Pop That Beauty or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by Pop That Beauty, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      • (a) use the Site pursuant to the Terms;
      • (b) copy and store the Site and the material contained in the Site in your device’s cache memory; and (c) print pages from the Site for your own personal and non-commercial use. Pop That Beauty does not grant you any other rights whatsoever in relation to the Site or the Services. All other rights are expressly reserved by Pop That Beauty.
    3. Pop That Beauty retains all rights, title and interest in and to the Site and all related Services. Nothing you do on or in relation to the Site will transfer any:
      • (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      • (b) right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      • (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    4. You must not modify, copy, reproduce, republish, or display any content from the Site and represent it as your own (including by framing pages from the Site), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Site or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.
    5. By transmitting or uploading any user content to the Site (including reviews), you grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to use the content for any lawful purpose. You further represent and warrant to us that you own or have the right to:
      • (a) use and reproduce all user content that you post on the Site; and
      • (b) grant such licence to us.
  1. Right to Link this Website
    1. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of so long as the link does not portray Pop That Beauty or our products or services in a false, misleading, derogatory, or otherwise offensive matter as deemed by Pop That Beauty. You may not use any Pop That Beauty logo or other proprietary graphic or trademark as part of the link without express written permission.
  1. Privacy
    1. Your privacy is very important to us.
    2. These Terms must be read in conjunction with our Privacy Policy. We undertake to comply with the terms of our Privacy Policy.
    3. You acknowledge and agree that personal information and sensitive information you submit to us on the Site will be handled by us in accordance with the Privacy Policy, applicable laws and the terms set out in this section.
    4. By setting up a Member Account, you grant us an ongoing consent to promote and market our products and services and to make other offers to you (including by email). You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop contacting you for promotional or marketing purposes, please contact us using the contact details set out in our Privacy Policy. You agree that as a holder of a Member Account, you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to receive these newsletters, you will be given the option to unsubscribe in the newsletter.
  1. Social Media Platforms
    1. The Site contains social media links, applications or features (including but not limited to Facebook, Instagram and Pinterest) and the use of any social media platforms are subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features on the Site, you consent and agree to
      be bound to the particular terms and conditions of use of the social media platform.
    2. You also acknowledge and consent to this Site accessing information you may have shared with the particular social media platform (including but not limited to any friend and/or follower lists) and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted this website via the social media platform.
    3. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Site.
    4. The Site is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
  1. Pop that Beauty Promotions
    1. Pop that Beauty may from time to time provide certain programs, promotions, opportunities, sweepstakes and contests to Clients and/or Professionals.
    2. Pop That Beauty may at any time in its sole discretion, change, modify, add to, supplement or delete the terms and conditions of any Pop That Beauty program, promotion, opportunity, sweepstake or contest, including without limitation changing the name, fees and eligibility requirements to participate in such Pop That Beauty event.
    3. Pop That Beauty will endeavour to notify you of any material changes by email, but will not be liable for any failure to do so.
    4. Pop That Beauty may ask Professionals to participate in promotional activities conducted by Pop That Beauty. The promotional activities may involve the Professional offering discounts to Clients with the aim of increasing the Professionals’ sales. Discounts offered by the Professional as part of a promotion will be directly applied to the amount payable by the Client when a booking request is made. Pop That Beauty agrees to keep the frequency of such promotional activities and the required discount rates reasonable.
  1. Disclaimers
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
    3. Use of the Site and the Services is at your own risk. The Services and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Pop That Beauty make any express or implied representation or warranty about the Services or any products or Services (including the Services of Pop That Beauty) referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      • (b) the accuracy, suitability or currency of any information on the Site or any of its Services or related products (including third party material and advertisements on the Site); and
      • (c) costs incurred as a result of you using the Site, the Services or any of the products of Pop That Beauty.
    4. The Site may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites. To the maximum extent permitted by applicable law, Pop That Beauty does not warrant or endorse and will not have any liability to you or any other person for any third party services, content or web sites which are provided solely as a convenience to you.
    5. Because we do not control interactions among between Professionals and Clients and because we cannot guarantee the true identity, background experience or qualifications of Professionals or Clients, you agree that you bear all risk and you agree to release us(and our affiliates, directors, officers, employees, agents, contributors and licensors) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Site or Services.
    6. Pop That Beauty has no control over the quality, safety or legality of the items or content posted on the Site by any Member or any third party, the truth or accuracy of any posting, the ability of the Professional to provide the services or the ability of Client to buy services. We cannot censure and do not guarantee that a Professional or Client will actually complete a transaction or act lawfully in using the Site. Pop That Beauty is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Site or in connection with your use of the Services.
    7. Pop That Beauty is not a referral service. Pop That Beauty does not select or endorse any individual Professional. While Pop That Beauty uses commercially reasonable efforts to verify that the Professionals have valid qualifications, it does not make any warranty, guarantee, or representation as to the ability, competence, quality or qualifications of any
      Professional. Pop That Beauty encourages you to make all necessary enquiries and satisfy yourself as to whether the Professional meets your requirements and objectives. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by any person or entity that you engage as a consequence of using the Site.
  1. Limitation of liability
    1. Except to the extent the law provides that liability is not able to be excluded, in no event will Pop That Beauty or its affiliates or licensors and their respective employees, officers, successors and assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of
      substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site or Services.
    2. Pop That Beauty reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability.
    3. Pop That Beauty is not liable for the actions or omissions of any Professional performing services to you.
    4. You understand that we are not a party to and will not have any liability with respect to your work or engagement with the Professional. Any claims you have arising out of the services obtained from a Professional are to be brought against the Professional not Pop That Beauty and you indemnify Pop That Beauty from all claims, suits, demands and legal actions arising from any and all disputes between you and the Professional.
    5. Pop That Beauty will have no liability for any failure or delay due to matters beyond our reasonable control.
  1. Indemnity
    1. You agree to indemnify Pop That Beauty and its officers, directors, employees, sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of the Site and/or Services, including but not limited to:
      • (a) any misuse of the Site or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
      • (b) any act or omission (including negligent acts or omissions) of the Professional in the performance or purported performance of any Services; and
      • (c) your breach of the Terms;
    2. This indemnity will survive termination of the Terms.
  1. Termination of Contract
    1. The Terms will continue to apply until terminated in accordance with this clause 18.
    2. You may terminate these Terms at any time by deleting your Member Account, where Pop That Beauty has made this option available to you, or by sending us a request in writing via the “Contact Us” link on our homepage.
    3. Pop That Beauty may at any time, terminate the Terms with you if:
      • (a) you have breached any provision of the Terms or intend to breach any provision;
      • (b) Pop That Beauty is required to do so by law;
      • (c) the provision of the Services to you by Pop That Beauty is, in the opinion of Pop That Beauty, no longer commercially viable; or
      • (d) if we cease to operate the Site.
    4. Subject to local applicable laws, Pop That Beauty reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Pop That Beauty’s name or reputation or violates the rights of those of another party.
  1. Competitors
    1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Pop That Beauty. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, Pop That Beauty will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
  1. Disputes between the Professional and the Client
    1. Where there is a dispute (not relating to quality of work provided by the Professional) between the Client and the Professional, Pop That Beauty will not release the payment until the dispute is resolved or there is a court order requesting the funds to be released.
    2. Pop That Beauty will provide assistance in dispute resolution for all matters excluding the quality of work provided by the Professional (for example, No-Shows, late arrivals to appointments etc.).The Client or Professional must contact Pop That Beauty at within 3 days from the date of the appointment in question.
    3. Pop That Beauty will hear the complaint and discuss it with both parties. Pop That Beauty will endeavour to provide a resolution within 3 working days.
    4. If either party is unsatisfied with the outcome, the Client and Professional acknowledge that they are solely responsible for taking further action to resolve the dispute. The Client and Professional further acknowledge that Pop That Beauty's liability, if any, will be limited pursuant to clause 16 of these Terms.
    5. The parties acknowledge and agree that disputes relating to the quality of work provided by the Professional are to be resolved directly between the Client and the Professional. The Professional may consequently decide to issue a refund at its sole discretion. Pop That Beauty takes no responsibility for any matters relating to quality and does not provide dispute resolution assistance in this regard.
  1. Dispute Resolution
    1. Compulsory If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
    2. Notice: A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution: On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
      • (a) Within ten (10) business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      • (b) If for any reason whatsoever, ten (10) business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Dispute Centre or his or her nominee;
      • (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      • (d) The mediation will be held in Sydney, New South Wales, Australia.
    4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation: If ten (10) business days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  1. General
    1. You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
    2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. These Terms constitute the full and complete agreement between the parties relating to the subject matter contained in these Terms and supersede any and all previous Terms, understandings, negotiations and representations between the parties in respect of all matters dealt with in these Terms.
    4. Both parties confirm and declare that the provisions of these Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or general grounds of restraint of trade.
    5. Without limiting any other term in these Terms, we may at any time in our discretion (and without notice):
      • a) alter or withdraw any functionality on the Site;
      • b) withdraw or suspend your access to all or any part of the Site, or to your Member Account;
      • c) monitor your use of the Site;
      • d) subject to any applicable laws, treat any user content as non-confidential and non- proprietary; or
      • e) edit or remove any user content.
    6. These Terms are governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

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