Terms & Conditions of Use

You must agree to our terms of use in order to use the Volunteer x Change website ('Web Site’). This summary is not meant to be a substitute for the full agreement, just to highlight the main points.

FOR CLIENTS (Individuals, Businesses, Community Groups, Education Sector, Not for Profits etc…):

1. The Web Site is a work exchange. Each Client is solely responsible for preparing and posting descriptions of jobs, including reward, deadline, competitive exclusions and other Terms.
2. You, the Client, have the right to review Member responses to a project you have posted for fourteen (14) days but you have no legal right to use those responses. Upon payment of the fee to us, the rights of those responses will be granted to you. If you do not pay the fee you will not have the right to use any responses after the fourteen (14) days.

FOR MEMBERS (People who have chosen to become Volunteers through the web site):

1. The Web Site is a work exchange. By accepting a job, you agree to prepare an appropriate response within the deadline.
2. You agree that by responding to a job, you assign to us ownership of any intellectual property rights to your work. You consent to us or the Client to do any act or omission which would, but for the giving of this consent, affect your moral rights. You agree that you will not receive royalties or further compensation beyond the posted one-time reward.
3. You agree to keep all jobs reviewed and accepted by you, including but not limited to this one, completely confidential. You shall not disclose the contents of any job, directly or indirectly, to any third party for any purpose.
4. Each of the Client, Member and the Company agree to be responsible for their obligations under A New Tax System (Goods and Services Tax) Act 1999 (‘GST Law’) and/or equivalent obligations to HM Revenue and Customs in the U nited Kingdom .

FOR EVERYONE:

1. You must be at least 18 years of age to use this Web Site and specifically to register as a Member or Client.
2. You have entered into the database correctly any information requested by us and that any communication by you using this Web Site will be accurate.
3. You agree not to transmit, distribute, post, communicate, insert or store information or other material on or through the Volunteer x Change web site that:
1. is copyrighted, unless you are the copyright owner;
2. reveals trade secrets, unless you own them;
3. infringes any other intellectual property rights of any third person; or
4. discloses the Personal Information (as defined in our Privacy Policy) of any person;
5. is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity;
6. is sexually explicit;
7. constitutes advertisements or solicitations of business, chain letters, or pyramid schemes;
8. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
4. Because Volunteer x Change does not and cannot be involved in user-to-user dealings or control the behaviour or participants on the web site, if you have a dispute with one or more users you release the company from claims, demands and damages.
5. We reserve the right, in our sole discretion, to terminate your access to all or a portion of the web site, at any time, with or without notice if we do not believe you are complying with the Terms. In that event, we may contact you to discuss the matter.

Remember, the above summary does not represent the agreement in its entirety. It is meant only to highlight the main points.

Agreement and Terms of Use

Volunteer x Change Pty Ltd (ACN 113 200 785) welcomes you to volunteerxchange.com (‘Web Site’). By using volunteerxchange.com, including by registering as a Member or a Client, you agree to be legally bound by these Terms (‘Terms’). A Client is an individual person, a representative of a business, a person or entity that is a legally registered charity, a not-for-profit organisation or , community group, a teacher leading an enterprise project in an education establishment or other charitable structure who may rely on volunteer and/or pro-bono support to operate and fulfill their mission to benefit the individual, business or community which it serves . A client in Volunteer x Change purchases services or goods (for, non financial points or probono) from a Member using the Web Site. A Member is a person or entity including, but not limited to, accountants, business consultants, managers, marketing and creative professionals, lawyers administrative staff and their companies who have skills and services to offer through the Web Site. .

Please read this Agreement carefully. To use this Web Site, you agree to these Terms.

We may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms, because they are binding on you. In these Terms, volunteerxchange.com, all services related to it, and all text, images, photographs, user interface, ‘look’ and ‘feel’, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as the ‘Web Site’.

1. Web Site Generally.

1. Description.

The Web Site is an online work exchange where individuals or entities that have registered with the Company as Clients (each, a ‘Client’) can post job assignments (each, a ‘Job’) and obtain responses (each, a ‘Response’) to those Jobs from individuals or entities that have registered with the Company as Members (each, a ‘Member’). Members that provide a Response to a Job will earn rewards (each, a ‘Reward’) from the Client posting the Job. The Reward may be for any number of points (including zero) as determined by the client.

1. Jobs, Responses and Rewards.

Each Client is solely responsible for preparing and posting descriptions of each of its Jobs, including the applicable Reward, deadline, competitive exclusions and other Terms. For each Response that the Client wants to a Job, a capsule (a ‘Capsule’) will be generated that will contain, and be subject to, the Terms established by the Client for the Job, including the Reward and deadlines. The Company is under no obligation to review Jobs or Capsules for any purpose, including accuracy, completeness of information, quality or clarity. The Client warrants that all Jobs posted will comply with the law.

We may decide, in our sole discretion, not to make a Job or a Capsule available to our Members. We do not guarantee that any Member will have Capsules made available to it or that, once a Capsule is made available to a Member, that it will remain available to the Member for any period of time. By accepting a Capsule, the Member agrees to the Client’s terms and conditions applicable to the Capsule.

Once a Member has accepted a Capsule that Capsule will no longer be available to other Members. By accepting a Capsule, the Member agrees to prepare an appropriate Response to the Capsule within the deadline, and in accordance with the other Terms, applicable to the Capsule. If a Member does not submit a Response to a Capsule within the deadline, or fails to comply with any other Terms, the Company may terminate that Member's right to respond to the Capsule and may permit other Members to accept and respond to the Capsule in that Member's place. The Company may decide, in its sole discretion, not to forward a Response to a Capsule to a Client, although the Company is under no obligation to review Responses before forwarding them.

If the Company forwards a Response to a Client, the Client will have fourteen (14) days to review the Response. If a Client informs the Company within such period that the Response under review is reasonably responsive to the Capsule, or if a Client fails to inform the Company within such period that the Response is not reasonably responsive to the Capsule, the Client will be deemed to have accepted the Response and the Company will bill the Client's account for the applicable Reward and Service Fee. Each Client is obligated to pay the Reward and Service Fee for each Response as long as the Response is reasonably responsive to the Job, regardless of whether the Client intends to use the Response or not. If a Client notifies the Company that the Client thinks a Response is not reasonably responsive to the Job and the Company determines, in its sole discretion that the Response is reasonably responsive to the Job, the Client's account will be billed for the applicable Reward and Service Fee and the Client agrees to pay such Reward and Service Fee.

Please note that if a Client does not pay the Reward and Service Fee for a Response, the Client will not have the right to use the Response for any purpose. The Company will credit a Member's account with the Reward for a Response upon expiration of the fourteen (14) day review period unless the Client disputes the Response, in which case the Company will credit the Member's account with the Reward for a Response when the Company receives the Reward and Service Fee from the Client.

1. Feedback and Peer Review.

By participating in the Web Site, each Member will develop a reputation (a ‘Reputation’) as a result of feedback provided by Clients and other Members. The Company is not responsible for the Reputation developed by any Member and each Member agrees and acknowledges that their Reputation is solely the result of feedback provided by third parties. Each Client and Member agrees not to take any actions that may undermine the integrity of the feedback system designed to rate Members and agrees to provide feedback in good faith. The Company may revise its feedback system at any time.

1. Member Accounts.

Account balances of Members may be comprised of arbitrary points that are allocated to them as per the client Reward for any particular job they submit a response to. Volunteer x Change reserves the right to adjust point account balances as it deems necessary to maintain quality, account for administration costs or to maintain the efficient operation of the marketplace. The points currently have no external currency value and are not transferable or redeemable. A points transfer and redemption scheme may be developed in the future at which point the member can choose to transfer, allocate or redeem points as appropriate to that scheme.

1. Client Accounts.

Clients, at the sole discretion of Volunteer x Change, will be allocated points to spend on the Web Site to post Jobs and get work done from Members. Volunteer x Change reserves the right to adjust point account balances as it deems necessary to maintain quality, account for administration costs or to maintain the efficient operation of the marketplace.

1. Service and Subscription Fees.
• Members.

Joining the Web Site as a Member and submitting Responses is currently free.

• Clients.

Joining the Web Site as a Client is currently free but obtaining Responses from the Web Site requires payment of a service fee (each, a ‘Service fee’). This Service fee is through points that are allocated to the Client. Each Response obtained by a Client will be subject to a Fee. The Fees are set out by the Company on the Job creation page.

1. Eligibility, Access, Use and Service.

1. Eligibility Requirements.

To register as a Member or Client, you much must be at least 18 years of age, agree to (i) these Terms (ii) the Privacy Policy; and (iii) complete the registration procedure.

By registering as a Member or Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms. The Company may accept or reject your registration in its sole discretion.

1. Permitted Uses.

You may access and use the Web Site solely in accordance with these Terms and any posted policies and procedures that appear on the Web Site. You may obtain Jobs and provide Responses to Jobs only if you register as a Member. You may post Jobs and obtain Responses to those Jobs only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. You may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site.

1. Prohibited Uses Generally.

You are required to comply with all applicable law (including, without limitation, any applicable export controls) in connection with your use of the Web Site, and such further limitations as may be set forth in any written or on-screen notice from the Company. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Member or Client, or registering for any promotions offered through the Web Site; (ii) delete or revise any material or other information of any other user or the Company; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g. Firefox, Safari, Opera, and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site except as permitted under the Copyright Act 1968.

1. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, ‘flooding’, ‘spamming’, ‘mail bombing’ or ‘crashing’, the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
2. Postings.

The Company reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion.

1. The Company will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site but reserves the right to disclose such information to the extent 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.
2. Operation of Web Site.

The Company shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. The Company reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although the Company intends to use commercially reasonable efforts to make the Web Site accessible, the Company makes no representation, warranty or covenant that the Web Site will be available at all times or at any time.

1. Availability.

Various circumstances may prevent or delay availability. The Company may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. The Company shall not be responsible for any loss, cost, damage or liability that may result.

1. Responsibility for Content; Other Representations and Warranties.
1. Company.

The Company shall not be responsible for any use that is or is not made of the Web Site. Without limiting the foregoing and to the extent permitted by law, the Company makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Jobs, Capsules, Responses or User Identity (as defined below)) that are communicated through, or posted to, the Web Site, whether by Members, Clients, the Company or otherwise, nor does the Company endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing and to the extent permitted by law, the Company makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to Section 4(c). You acknowledge that any reliance on information or other material, including, without limitation, any Job, Capsule, Response or User Identity, communicated through, or posted to, the Web Site will be at your own risk. Without limiting the foregoing, each Client agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

1. Members, Clients and General Users.

You are responsible for all information or other material (including, without limitation, text, graphics, images, HTML code, logos, button icons, software, Jobs, Responses, and registration information (including your User Identity)) that you communicate through, or post to, the Web Site, and the consequences of such communications or postings. Without limiting your obligations under Section 2, you represent, warrant and covenant that you are and shall be the exclusive owner of all right, title and interest in and to each Response and each Job submitted by you to the Web Site and that any grant of rights by you to a Response pursuant to Section 4(c) and any Job posted by you to the Web Site does not infringe any third parties intellectual property rights or on the privacy or publicity rights of others. You further represent, warrant and covenant that, (i) in submitting Responses and granting the rights to such Responses pursuant to Section 4(c), or (ii) in posting Jobs to the Web Site, you will not breach or conflict with any other obligation or restriction to which you are subject, including, without limitation, any employment agreement to which you are a party. If you are a Member, you agree and acknowledge that once you have submitted a Response to a Capsule, you will not have the right to use the Response, including submitting the Response to any other Capsule, unless the applicable Reward is not posted to your account within fourteen (14) days of your submission of the Response.

1. Ownership; Rights to Use.

1. Web Site Generally.

Except as expressly contemplated by Sections 4(b) and (c), as between the Company and you, the Company will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site, in all media now known or later devised, to the full extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of the Company, including ‘Volunteer x Change’, without the prior written consent of the Company in its sole discretion for each such use.

1. Jobs.

Upon submission of a Job to the Web Site, the Company and its affiliates have the right to use the Job for purposes of obtaining Responses to it and for archival purposes. Each Member to whom the Job is made available has the right to review and display the Capsule solely for purposes of preparing a Response.

1. Responses.

Rights of the Company given by Members. Upon submission by you of a Response to the Web Site, you assign the rights in the Response regardless of form, any media, or technology now known or later developed. However, if payment for such Response has not been credited to your Volunteer x Change account within fourteen (14) days of your submission of such Response to the Web Site, the foregoing assignment will be terminated. You agree to provide any reasonable assistance required in order for the Company or the Clients to secure or exercise the rights granted in this sub Section. Member also gives the Member’s consent to the Company and the Clients to do any act or omission which would, but for the giving of this consent, affect your moral rights.

Rights of Clients given by Company. Upon submission of a Response to a Client for review, the Client will have the right to review such Response for fourteen (14) days. Upon payment of the Reward and applicable Service Fee by the Client, (i) the Company shall assign the rights in that Response regardless of form, any media, or technology now known or later developed. The Company agrees to provide any reasonable assistance required in order for the Client to secure or exercise the rights granted in this sub Section. If a Client does not pay the Reward and applicable Fee, the Client will not have the right to use the Response for any purpose after the expiration of the fourteen (14) day review period.

1. Registration, Password, User Identity.

1. Your User Identity.

When you register as a Member or a Client, you will create a user identity (your ‘User Identity’), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain Personal Information, such as, if you are a Member, work experience and education, and, if you are a Client, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to other users as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users. Because Members develop Reputations based on their participation in the Web Site, Member's User Identity is for their use only and may not be shared with any other individual or entity. Any such sharing is grounds for termination from the Web Site.

1. Access Numbers, Passwords, and Password Access.

You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms, your User Identity, registration identification and password for the Web Site. You shall immediately notify the Company if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, the Company may impose on you, at the Company's sole discretion, additional security obligations.

1. Security Breaches and Revision.

If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief the Company. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

1. Nondisclosure and Privacy.

1. Nondisclosure.

Members agree to keep all Capsules reviewed and/or accepted by them completely confidential and shall not disclose the contents of any Capsule, directly or indirectly, to any third party for any purpose.

1. Privacy.

Please see the Company’s Privacy Policy.

1. Disclaimers; Limitations of Liability.

1. Generally; Release from Claims.

The Web Site serves solely as avenue for the exchange of work and the Company does not screen or censor any information or material posted to the Web Site. Although the Company makes commercially reasonable efforts to determine the identity of Members and Clients, the Company cannot and does not confirm that any Member, Client or other user is who they claim to be or that any Member, Client or other user has the qualifications he or she claims to have. To the extent permitted by law and because the Company does not and cannot be involved in user-to-user dealings if you have a dispute with one or more users, you release the Company (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

1. Disclaimer of Warranties.

The web site is provided ‘as is.’ to the extent permitted by law, the company makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the web site, including any part thereof, or any web site or other content or service that may be accessible directly or indirectly through the web site, including any response, job, capsule, user identity or linked content (as hereinafter defined). The company disclaims to the maximum extent permitted by law, any and all such representations and warranties. Without limiting the generality of the foregoing, the company disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in the web site, or any part thereof, (iv) warranties relating to the transmission or delivery of the web site, and (v) warranties otherwise relating to performance, nonperformance, or other acts or omissions by the company or any third party. Further, and without limiting the generality of any of the foregoing, there is no warranty that the web site will meet your needs or requirements or the needs or requirements of any other person. Therefore, neither you nor the Company makes: (i) any express warranties other than those expressly set out in this Agreement; and (ii) excludes from this Agreement all warranties, conditions and terms implied by statute, general law, international convention or custom, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void (‘Non-excludable Condition’). To the extent permitted by law, the Company's liability to you for breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974 (Cth)) is limited at the Company’s option to any one of (i) in the case of goods, the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of repairing or replacing the goods; and (ii) in the case of services, the re-supply of the services or the payment of the cost of re-supplying the services.

1. Limitation of Remedy.

To the full extent permitted by law, the Company’s total cumulative liability under or in any way connected with this Agreement (whether in contract, negligence or for any other common law or statutory cause of action) is limited to the fees paid by you to the Company in the 6 month period prior to the date the liability arose. To the extent that you contributed to that liability arising, your loss will be reduced in proportion to the extent of your contribution to that loss.

1. Exclusion of Consequential Damages.

In no event shall the company or any third party be liable to you or any other person for consequential, incidental, special, exemplary, punitive, or indirect damages arising under or in any way related to the web site, including any part thereof, or any other content, (including lost profits, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the service) even if the company or any third party has been advised of the possibility of such damages or losses.

1. Indemnification.

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms or your use of the Web Site, and any expenses, including, without limitation, reasonable attorneys fees, that were incurred.

1. Links to Third Party Services.

The Web Site may contain links to third party web sites or other services (the ‘Linked Content’). The Linked Content is not under the control of the Company and the Company is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. The Company is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by the Company of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.

1. Termination.

The Company reserves the right, in its sole discretion, to terminate your access to all or a portion of the Web Site, at any time, with or without notice if you breach the Terms of this Agreement and that breach is not capable of remedying. Where that breach is capable of remedy, then you will have 1 week to remedy that breach.

1. No Professional Advice.

Any information supplied by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Web Site, and does not constitute employment, legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

1. Not an Employer.

The Company is not to be considered an employer of any user of the Web Site, including, without limitation, any Member. To the extent you provide Responses to Jobs, you are an independent contractor for purposes of all local, state and federal tax laws and shall file forms and report payments in a manner consistent with that status. You will be liable for all taxes, excises, assessments and other charges levied by any government agency on, or because of, any Responses submitted by you. You will be solely and unconditionally responsible for any and all federal, state or local taxes, social security withholding and any other self-employment tax obligation with respect to income that you may derive from the Web Site. You acknowledge and agree that you are not entitled to any of the benefits provided by the Company to Company employees and that the Company will not procure, maintain or make payments with respect to any workers' compensation or unemployment compensation insurance for you or on your behalf.

1. General.

These Terms set out the entire agreement between you and the Company regarding the subject matter of these Terms and supersede any and all prior oral or written agreements and understandings.

No modification, amendment, or waiver of these Terms or Use or any part of them shall be binding unless evidenced in writing and signed by the Company. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favo ur of either party hereto.

The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms.

These Terms shall be governed by the substantive laws of New South Wales , Australia , without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. You agree to submit to the jurisdiction of the courts of New South Wales , Australia .

You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless the Company agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio.

The Company may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by the Company of a breach or a violation of any provision of these Terms shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms.

Accept