Terms and conditions: Version 1.0
1. Introduction
1.1. Welcome to the Sadbad Group website (the “Website”). By accessing, browsing, or using this Website, you agree to comply with and be bound by these Terms and Conditions (the “Terms”). These Terms govern your use of our Website, services, and any content provided through it. If you do not agree with these Terms, you must immediately stop using this Website. These Terms and Conditions are effective as of 30 December 2024.
1.2. The Website is operated by Sadbad Group, headquartered in South Australia. References to “we,” “us,” or “our” refer to Sadbad Group.
1.3. These Terms apply to all visitors, users, and others who interact with the Website, regardless of geographic location.
1.4. Interconnected Use of Names, Entities, and Websites
1.4.1. General Understanding and Interconnectedness
1.4.1.1. For the purposes of these Terms and Conditions, Privacy Policy, Cookie Policy, and any other related legal documents or agreements, the following names, terms, and entities (the "Entities") are interconnected and interchangeable, and can be used as placeholders for any and all of the names referenced below, without limitation or distinction.
1.4.1.2. Wherever any of the following names or terms are used, they shall be understood to represent Sadbad Group Trust, L’avenir Design Trust, Cameron Hapgood Pty Ltd, or any other affiliated company or trust:
1.4.1.2.1. Sadbad
1.4.1.2.2. Sadbad Group
1.4.1.2.3. Sadbad Group Trust
1.4.1.2.4. L’avenir Design Trust
1.4.1.2.5. L’avenir Studio
1.4.1.2.6. SBG, LD, LS
1.4.1.2.7. https://www.lavenir-studio.com/
1.4.1.2.8. https://www.sadbad.group/
1.4.1.2.9. Cameron Hapgood Pty Ltd
1.4.1.2.10. Cameron Hapgood, Cameron, Cam, Hapgood
1.4.1.2.11. The Trust, The Trusts, the trust, the trusts
1.4.1.2.12. The Director, Director, the sole director
1.4.1.3. These names, entities, and references are legally interchangeable and, where mentioned in any document or communication related to the Website, services, or any associated activities of Sadbad Group, L’avenir Design, Cameron Hapgood Pty Ltd, or any affiliated companies or trusts, shall be understood to represent the same legal entities, brands, and operational structures under Sadbad Group and its connected entities.
1.4.2. Legal and Operational Framework
1.4.2.1. The use of these terms and names is not confined to any single entity or service provided by Sadbad Group but encompasses all entities, services, assets, websites, intellectual property, and affiliated businesses that fall under or are related to the Sadbad Group family of companies and trusts.
1.4.2.2. These include but are not limited to:
1.4.2.2.1. Sadbad Group Trust
1.4.2.2.2. L’avenir Design Trust
1.4.2.2.3. L’avenir Studio (also referred to as L’avenir Design Studio and L’avenir Design) 1.4.2.2.4. Sadbad Group companies, subsidiaries, or affiliates
1.4.2.2.5. Cameron Hapgood Pty Ltd
1.4.2.3. Wherever any of the listed names or entities appear, it is understood that the reference includes all associated brands, services, and intellectual properties tied to Sadbad Group, whether they are explicitly named or not.
1.4.3. Usage Across Legal and Marketing Contexts
1.4.3.1. The use of these interchangeable terms and names extends to the following contexts:
1.4.3.1.1. Legal Documents and Disclosures Any legal agreements or notices (including but not limited to Terms and Conditions, Privacy Policy, Cookie Policy, Copyright Notices, etc.) that involve any of the names listed above shall be applicable to all entities within Sadbad Group, as they are legally treated as interconnected.
1.4.3.1.2. Marketing and Branding All promotional content, marketing materials, and branding for Sadbad Group and its associated brands are unified under the names and references mentioned above.
1.4.3.1.3. Website and Digital Presence Any website or online resource provided under the names (e.g., https://www.sadbad.group/, https://www.lavenir-studio.com/, or any related URLs) is representative of Sadbad Group and its affiliated companies and entities.
1.4.4. Global Interconnectedness and Jurisdictional Scope
1.4.4.1. The interconnectedness of these entities applies globally across all jurisdictions where Sadbad Group or its affiliated entities do business or operate. This includes but is not limited to:
1.4.4.1.1. Australia, where Sadbad Group is headquartered.
1.4.4.1.2. European Union, adhering to the General Data Protection Regulation (GDPR). 1.4.4.1.3. United States of America, where applicable state and federal laws apply.
1.4.4.1.4. United Kingdom, ensuring compliance with UK GDPR and local laws.
1.4.4.1.5. Canada, ensuring compliance with PIPEDA.
1.4.4.1.6. Other global regions where Sadbad Group or its related entities conduct activities.
1.4.5. Intellectual Property Rights and Usage
1.4.5.1. Unified Intellectual Property Ownership
1.4.5.1.1. All intellectual property (IP) rights associated with the names mentioned above are owned or licensed by Sadbad Group or its affiliated entities, unless otherwise specified.
1.4.5.2. Brand Interchangeability
1.4.5.2.1. The names listed above are used interchangeably in all IP-related communications, marketing, contracts, and services provided by Sadbad Group.
1.4.6. Control, Management, and Responsibilities
1.4.6.1. By interacting with any part of the Website, users acknowledge that:
1.4.6.1.1. Sadbad Group, in its entirety, manages and controls all entities mentioned in this clause. 1.4.6.1.2. The Director or officers of Sadbad Group hold ultimate responsibility and authority across all services, business decisions, and legal matters associated with the interconnected entities listed above.
1.4.7. Acknowledgment of Interconnected Nature of All Entities
1.4.7.1. By using or interacting with the Website or services related to any of the entities listed above, users and clients explicitly acknowledge and agree that:
1.4.7.1.1. All references to Sadbad, Sadbad Group, L’avenir Design, Cameron Hapgood, or any other entity are part of the same organizational structure and operate under a shared legal framework.
1.4.7.1.2. This interconnected structure ensures that any and all obligations, financial, legal, and otherwise, are applied uniformly across all of the entities involved.
1.4.8. Finality of Director’s Authority
1.4.8.1. In all cases, where the Director of Sadbad Group or any authorized officer is involved, the word of the Director is final with regard to any disputes, requests, or decisions regarding the use of the names, brands, services, or Website content mentioned in this section.
1.4.8.2. By interacting with this Website, users agree to this condition and understand that:
1.4.8.2.1. Any requests made by the Director or officers regarding the usage of these names, services, or content are binding and enforceable, without exception, in any jurisdiction globally.
2. Definitions
2.1 Key Definitions
2.1.1 “Sadbad Group”
2.1.1.1 Refers to the owner and operator of the Website, headquartered in South Australia, Australia.
2.1.2 “Website”
2.1.2.1 Refers to Sadbad Group’s online platform, including all associated domains, subdomains, and related content provided by Sadbad Group.
2.1.2.2 Includes mobile applications, APIs, and any other digital services associated with Sadbad Group.
2.1.3 “Users”
2.1.3.1 Refers to any individual or entity accessing or interacting with the Website or its services.
2.1.3.2 Includes both registered and unregistered individuals.
2.1.3.3 Specific roles include:
2.1.3.3.1 “Registered Users”: Individuals who have created an account on the Website.
2.1.3.3.2 “Contributors”: Users who upload or submit content to the Website.
2.1.3.3.3 “Administrators”: Individuals authorized by Sadbad Group to manage or moderate the Website.
2.1.4 “Content”
2.1.4.1 Refers to all text, graphics, images, videos, audio, software, data, and other materials, regardless of origin, available on or generated through the Website.
2.1.4.2 Includes User-Generated Content as defined in Clause 6.
2.1.5 “Services”
2.1.5.1 Refers to any features, functionalities, products, or applications provided or facilitated by the Website or Sadbad Group.
2.1.5.2 Includes, but is not limited to:
2.1.5.2.1 User accounts.
2.1.5.2.2 Subscriptions and premium content.
2.1.5.2.3 Interactive forums.
2.1.5.2.4 APIs and developer tools.
2.1.6 “Technical Support”
2.1.6.1 Refers to assistance provided by Sadbad Group for Users experiencing technical issues with the Website.
2.1.6.2 Includes contact via the Technical Support Form available on the “Contact Us” page.
2.1.7 “Feedback and Suggestions”
2.1.7.1 Refers to comments, ideas, or input provided by Users to Sadbad Group regarding Website improvements or additional services.
2.1.7.2 Includes submissions through the Feedback Form or via email.
2.1.8 “Third-Party Content”
2.1.8.1 Refers to any content, links, advertisements, or other materials not owned or controlled by Sadbad Group but available on or through the Website.
2.1.9 “Privacy Policy”
2.1.9.1 Refers to Sadbad Group's official statement outlining data collection, usage, and privacy practices.
2.1.9.2 Forms an integral part of these Terms and Conditions.
2.1.10 “Applicable Law”
2.1.10.1 Refers to all relevant and enforceable local, national, and international statutes, regulations, and legal standards governing the Website, its Content, and Services.
2.1.10.2 Includes, but is not limited to:
2.1.10.2.1 General Data Protection Regulation (GDPR) (EU).
2.1.10.2.2 California Consumer Privacy Act (CCPA) (USA).
2.1.10.2.3 Privacy Act 1988 (Cth) (Australia).
2.1.10.2.4 Spam Act 2003 (Cth) (Australia).
2.1.11 “AI-Generated Content”
2.1.11.1 Refers to any text, images, or other materials created using artificial intelligence tools or algorithms, whether owned or licensed by Sadbad Group.
2.1.11.2 Governed under Clause 40: AI or Machine Learning Outputs.
2.2 Interpretation
2.2.1 Headings
2.2.1.1 Are included for convenience only.
2.2.1.2 Do not form part of or affect the interpretation of these Terms and Conditions.
2.2.2 Singular and Plural Forms
2.2.2.1 Words in the singular include the plural, and words in the plural include the singular.
2.2.2.2 Unless explicitly stated otherwise by the context.
2.2.3 References to "Include" or "Including"
2.2.3.1 Shall be interpreted as “include, without limitation.”
2.2.4 Conflict with Laws
2.2.4.1 If there is a conflict between any specific terms herein and relevant laws or regulations:
2.2.4.1.1 Provisions shall be interpreted in a manner consistent with compliance under Applicable Law.
2.2.5 Global and Jurisdictional Scope
2.2.5.1 Any references to laws or regulations shall apply to Users based on their location, in accordance with Clause 12: Governing Law and Jurisdiction.
2.3 Contact Information
2.3.1 General Inquiries
2.3.1.1 Users may direct questions or concerns about these Terms and Conditions to Sadbad Group at:
2.3.1.1.1 Email: projects@sadbad.group
2.3.1.1.2 Mailing Address: South Australia 5158
2.3.2 Technical Support
2.3.2.1 Users experiencing technical issues with the Website may contact Sadbad Group through:
2.3.2.1.1 Completing the Technical Support Form on the "Contact Us" page of the Website.
2.3.3 Feedback and Suggestions
2.3.3.1 Suggestions for Website improvements or additional services can be submitted to Sadbad Group through:
2.3.3.1.1 The Feedback Form available on the Website.
2.3.3.1.2 Email to feedback@sadbad.group, with the subject line “Website Suggestions.”
2.4 Cross-References and Application
2.4.1 Integration with Other Clauses
2.4.1.1 This clause integrates definitions, contact details, and procedures relevant to:
2.4.1.1.1 Clause 7: Privacy Policy, particularly regarding data handling and confidentiality.
2.4.1.1.2 Clause 6: User-Generated Content, governing ownership and responsibility of content uploaded by Users.
2.4.1.1.3 Clause 12: Governing Law and Jurisdiction, specifying the legal frameworks applicable to disputes.
2.4.1.1.4 Clause 40: AI or Machine Learning Outputs, addressing rights and obligations for AI-generated materials.
2.4.2 Binding Application
2.4.2.1 Defined terms herein are binding across all references in the Terms and Conditions, including those not explicitly repeated in related clauses.
2.4.2.2 Users shall ensure compliance with all specified definitions and interpretations while accessing the Website.
3. Eligibility
3.1 User Account Terms
3.1.1 Eligibility to Create an Account
3.1.1.1. Minimum Requirements for Account Creation:
To create an account on the Sadbad Group website (the “Website”), you must meet the following eligibility criteria:
3.1.1.1.1. Minimum Age:
3.1.1.1.1.1. You must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is higher.
3.1.1.1.2. Legal Authority:
3.1.1.1.2.1. You must have the legal capacity to enter into binding agreements, in compliance with the Electronic Transactions Act 1999 (Cth) and international laws such as the UNCITRAL Model Law on Electronic Commerce.
3.1.1.1.2.2. You represent that no legal impediment, including but not limited to bankruptcy or court orders, restricts your ability to create an account.
3.1.1.1.3. Geographic Restrictions:
3.1.1.1.3.1. Access to the Website must comply with local and international laws.
3.1.1.1.3.1.1. This includes compliance with trade sanctions, export restrictions, or geographic prohibitions under the Australian Sanctions Act 2011.
3.1.1.1.3.1.2. Users residing in restricted regions must not attempt to bypass geographic filters or restrictions.
3.1.1.2. Representation and Warranty:
3.1.1.2.1. By creating an account, you represent and warrant that you meet these eligibility criteria.
3.1.1.2.1.1. Misrepresentation of eligibility may result in immediate account suspension or termination (see Clause 3.1.5).
3.1.1.2.1.2. Sadbad Group reserves the right to request additional documentation to verify eligibility.
3.1.2 Account Registration
3.1.2.1. Obligations During Registration:
When registering for an account, you agree to:
3.1.2.1.1. Provide Accurate Information:
3.1.2.1.1.1. Submit truthful, complete, and current information, ensuring compliance with the Spam Act 2003 (Cth) to prevent fraudulent activities.
3.1.2.1.2. Maintain Accuracy:
3.1.2.1.2.1. Promptly update your account information to keep it accurate and complete.
3.1.2.1.2.1.1. This includes changes to your contact details, residence, or legal status.
3.1.2.2. Prohibited Activities:
You are prohibited from:
3.1.2.2.1. Creating accounts using false or misleading information.
3.1.2.2.1.1. This includes the use of fake names, unauthorized pseudonyms, or impersonating others.
3.1.2.2.2. Registering on behalf of third parties without their explicit consent.
3.1.2.2.2.1. Exceptions may apply for guardians or legal representatives providing proof of authority.
3.1.2.2.3. Operating multiple accounts for fraudulent purposes.
3.1.2.2.3.1. Fraudulent purposes include but are not limited to circumventing bans, exploiting promotions, or engaging in spam activities.
3.1.3 Account Security
3.1.3.1. User Responsibility for Security:
You are responsible for maintaining the confidentiality of your credentials:
3.1.3.1.1. Use strong passwords containing:
3.1.3.1.1.1. A minimum of 12 characters.
3.1.3.1.1.2. At least one uppercase letter, one lowercase letter, one numeric character, and one special symbol.
3.1.3.1.2. Monitor account activity and report unauthorized access immediately.
3.1.3.2. Liability and Indemnity:
Sadbad Group disclaims liability for unauthorized access resulting from your failure to maintain account security:
3.1.3.2.1. Users agree to indemnify Sadbad Group for any losses or damages caused by their negligence.
3.1.3.2.1.1. This includes losses resulting from compromised credentials or shared account access.
3.1.4 Content Removal and Liability
3.1.4.1. Prohibition of Unauthorized Content Removal:
Content hosted on the Website, including but not limited to text, graphics, videos, and proprietary designs, is protected under the Copyright Act 1968 (Cth) and international treaties such as the Berne Convention.
3.1.4.1.1. Content Ownership:
3.1.4.1.1.1. All content remains the exclusive property of Sadbad Group unless otherwise stated.
3.1.4.2. Authorized Removal Requests:
Requests for content removal must adhere to strict protocols:
3.1.4.2.1. Submit a signed, formal request detailing:
3.1.4.2.1.1. The specific content to be removed.
3.1.4.2.1.2. The legal grounds for removal.
3.1.4.2.1.3. The identity of the requesting party.
3.1.4.2.2. Obtain written approval from the Director, witnessed by two independent third parties.
3.1.4.3. Liability for Unauthorized Removal:
Unauthorized removal of content will result in the following:
3.1.4.3.1. A financial penalty of AUD $1,000,000 (One Million Australian Dollars) as liquidated damages.
3.1.4.3.1.1. This amount is a pre-estimate of the losses Sadbad Group would incur.
3.1.4.3.2. Additional liabilities, including:
3.1.4.3.2.1. Loss of revenue linked to the removed content.
3.1.4.3.2.2. Legal costs incurred in restoring content or seeking redress.
3.1.4.3.2.3. Reputational damage.
3.1.4.4. User Acknowledgment:
By using the Website, you:
3.1.4.4.1. Acknowledge and agree to the financial penalty and additional liabilities outlined in Clause 3.1.4.3.
3.1.4.4.2. Accept that Sadbad Group may pursue legal action to enforce these terms.
4. User Responsibilities
4.1 General Obligations
4.1.1 Users must use the website and its services responsibly, ethically, and in compliance with these terms and conditions.
4.1.2 Users are required to provide accurate and up-to-date information when registering for an account, submitting content, or engaging in any other activities on the website.
4.2 Prohibited Activities
4.2.1 Users must not engage in any activity that:
4.2.1.1 Violates local, national, or international laws and regulations, including but not limited to laws concerning consumer protection, privacy, cybersecurity, intellectual property, and anti-harassment.
4.2.1.2 Involves unauthorized access to, or interference with, the website, its servers, or networks connected to it.
4.2.1.3 Distributes malware, viruses, or other harmful software or materials.
4.2.1.4 Promotes hate speech, violence, discrimination, or harassment based on race, gender, ethnicity, religion, disability, or sexual orientation.
4.2.1.5 Engages in data scraping, reverse engineering, or the use of automated systems (e.g., bots) to extract, collect, or use information from the website without explicit permission.
4.3 Compliance with Local Laws and Regulations
4.3.1 Users must ensure their activities on the website comply with applicable laws and regulations in their jurisdiction, including but not limited to:
4.3.1.1 Privacy Laws: Users must adhere to the Australian Privacy Act 1988 (Cth), the General Data Protection Regulation (GDPR) for EU users, and the California Consumer Privacy Act (CCPA) for users based in California, among others.
4.3.1.2 Consumer Protection Laws: Activities must align with the Australian Consumer Law (ACL) and similar laws in other jurisdictions, such as the Federal Trade Commission (FTC) Guidelines in the United States and the Directive on Consumer Rights in the EU.
4.3.1.3 Cybersecurity Laws: Compliance with laws like the Cybercrime Act 2001 (Cth) in Australia, the NIST Cybersecurity Framework in the USA, and the EU Cybersecurity Act is mandatory.
4.4 Intellectual Property Respect
4.4.1 Users must not infringe upon the intellectual property rights of the website, other users, or third parties.
4.4.2 Users must ensure that any content they upload does not violate copyright laws such as the Australian Copyright Act 1968 (Cth), the Berne Convention, or the WIPO Internet Treaties.
4.5 Content Contribution
4.5.1 Users who submit or contribute content to the website (e.g., reviews, posts, feedback) must:
4.5.1.1 Ensure the content is original and does not infringe on the rights of others.
4.5.1.2 Avoid posting false, misleading, or defamatory information that may harm the website or other users.
4.5.1.3 Refrain from sharing explicit, obscene, or otherwise inappropriate content that violates community standards.
4.6 Reporting Violations
4.6.1 Users are encouraged to report any suspicious or prohibited activities they observe on the website.
4.6.2 Reports can be submitted through designated reporting mechanisms as outlined in Clause 20 (Content Moderation and Reporting).
4.7 User Accountability
4.7.1 Users are responsible for securing their accounts, including maintaining the confidentiality of their login credentials.
4.7.2 Users will be held accountable for all activities conducted through their accounts unless they can demonstrate unauthorized access or usage.
4.8 Global Considerations
4.8.1 Users operating across jurisdictions must ensure compliance with all applicable laws, including but not limited to:
4.8.1.1 The Electronic Transactions Act 1999 (Cth) and Payment Systems (Regulation) Act 1998 (Cth) for e-commerce activities in Australia.
4.8.1.2 Tax obligations as per GST legislation in Australia or VAT regulations in the EU.
4.8.1.3 Export laws, where applicable, such as the Compliance with Export Laws clause (Clause 69).
4.9 Sanctions for Non-Compliance
4.9.1 Violations of these responsibilities may result in:
4.9.1.1 Account suspension or termination as per Clause 11 (Termination).
4.9.1.2 Legal actions under applicable laws, including but not limited to civil claims or criminal charges.
4.9.1.3 Forfeiture of any rights, benefits, or rewards associated with the website as outlined in Clauses 41 (User Loyalty Programs or Rewards) and 84 (Loyalty Program Liability).
4.10 Cross-References
4.10.1 This clause should be read in conjunction with the following clauses:
4.10.1.1 Clause 6 (User-Generated Content) for additional responsibilities regarding content submission.
4.10.1.2 Clause 18 (Acceptable Use Policy) for detailed acceptable and unacceptable behavior.
4.10.1.3 Clause 25 (Security) for user obligations related to cybersecurity.
4.10.1.4 Clause 80 (Data Breach Notification Policy) for actions required in the event of a breach.
4.11 Compliance with International Standards
4.11.1 Overview
4.11.1.1 Users must understand that their use of the website is governed by international laws and standards to which the website and its operations adhere.
4.11.1.2 These standards ensure the website aligns with global best practices for data protection, accessibility, and ethical business operations.
4.11.2 Applicable Standards
4.11.2.1 Users are required to acknowledge and comply with the following international standards and regulations that govern their interaction with the website:
4.11.2.1.1 Australian Privacy Act 1988: Governs the collection, use, and handling of personal information in compliance with Australian Privacy Principles (APPs).
4.11.2.1.2 General Data Protection Regulation (GDPR): Protects personal data and privacy rights for individuals in the European Union.
4.11.2.1.3 California Consumer Privacy Act (CCPA): Establishes rights for California residents regarding access to, deletion of, and control over personal information.
4.11.2.1.4 Anti-Spam Legislation: Enforces compliance with Australia’s Spam Act 2003, the CAN-SPAM Act (USA), and equivalent global anti-spam laws.
4.11.2.1.5 Accessibility Standards: Ensures the website adheres to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, providing accessible services for all users, including those with disabilities.
4.11.3 Monitoring and Updates
4.11.3.1 The website conducts regular reviews to ensure compliance with evolving international legal and regulatory frameworks.
4.11.3.2 Policies, terms, and procedures are updated periodically to reflect changes in applicable standards.
4.11.4 Audits and Assessments
4.11.4.1 Independent audits are performed annually to evaluate compliance with privacy, security, and accessibility regulations.
4.11.4.2 Any gaps identified during audits are addressed promptly through a structured corrective action plan.
4.11.5 Employee Training and Awareness
4.11.5.1 Employees responsible for the operation of the website undergo regular training on:
4.11.5.1.1 Privacy laws, including GDPR, CCPA, and the Australian Privacy Act.
4.11.5.1.2 Anti-discrimination and accessibility standards, including WCAG compliance.
4.11.5.1.3 Ethical practices and responsibilities when operating in international markets.
4.11.6 User Rights Under International Standards
4.11.6.1 Users are entitled to certain rights under global regulations, including:
4.11.6.1.1 Access to Information: Users may request a copy of personal data stored by the website.
4.11.6.1.2 Correction of Data: Users can update or correct inaccuracies in their personal information.
4.11.6.1.3 Data Deletion Requests: Users may request the deletion of personal data, subject to legal and operational constraints.
4.11.6.1.4 Data Portability: Users may request their personal data in a portable, machine-readable format for transfer to another service.
4.11.7 Reporting Non-Compliance and Dispute Resolution
4.11.7.1 Users may report instances of non-compliance or file disputes regarding their rights by contacting the website through the following channels:
4.11.7.1.1 Email: Users should submit their concerns to the designated compliance contact at [compliance@example.com].
4.11.7.1.2 Response Timeline: Complaints will be acknowledged within five (5) business days, with a resolution provided within thirty (30) business days.
4.11.7.2 For unresolved disputes, users may escalate their complaints to the relevant regulatory authority in their jurisdiction, such as the Office of the Australian Information Commissioner (OAIC) for Australian users, the Data Protection Authority (DPA) for EU users, or the California Attorney General for users in California.
4.11.8 Cross-References
4.11.8.1 This clause should be read in conjunction with the following clauses:
4.11.8.1.1 Clause 7 (Privacy Policy) for detailed information on user data rights and privacy compliance.
4.11.8.1.2 Clause 44 (Accessibility of Services) for specifics on adherence to WCAG guidelines.
4.11.8.1.3 Clause 80 (Data Breach Notification Policy) for user rights and responsibilities during a data breach.
4.11.8.1.4 Clause 24 (User Data and Analytics) for understanding how user data is collected and processed.
4.12 Your Rights
4.12.1 Access and Correction
4.12.1.1 Users have the right to request access to personal information held about them by the website.
4.12.1.2 Users may request corrections to any personal information that is inaccurate, outdated, or incomplete.
4.12.2 Data Portability (GDPR)
4.12.2.1 In compliance with the General Data Protection Regulation (GDPR), users may request their personal information in a structured, commonly used, and machine-readable format.
4.12.2.2 This right facilitates the transfer of data to another service provider where technically feasible.
4.12.3 Data Deletion
4.12.3.1 Users may request the deletion of their personal information when:
4.12.3.1.1 The information is no longer necessary for the purposes for which it was collected or processed.
4.12.3.1.2 The user withdraws consent, and no other legal basis for processing exists.
4.12.3.1.3 The data is being processed unlawfully.
4.12.3.2 The website reserves the right to retain data where required for legal, contractual, or legitimate business purposes.
4.12.4 Withdrawal of Consent
4.12.4.1 Users have the right to withdraw consent for the processing of their data at any time, including:
4.12.4.1.1 Opting out of receiving marketing communications by unsubscribing through the designated channels.
4.12.4.1.2 Disabling tracking cookies or other analytics tools by adjusting browser or platform settings.
4.12.5 Complaints and Redress
4.12.5.1 Users may lodge complaints concerning the handling of their personal information with the appropriate regulatory body, such as:
4.12.5.1.1 The Office of the Australian Information Commissioner (OAIC) via their website at https://www.oaic.gov.au.
4.12.5.1.2 The Data Protection Authority (DPA) in their respective EU member state.
4.12.5.1.3 The California Attorney General for users residing in California.
4.12.5.2 Users are encouraged to contact the website’s support team at [support@example.com] prior to escalating complaints, allowing for resolution within thirty (30) business days.
4.12.6 Cross-References
4.12.6.1 This clause should be read in conjunction with:
4.12.6.1.1 Clause 7 (Privacy Policy) for a detailed explanation of user rights and data handling practices.
4.12.6.1.2 Clause 80 (Data Breach Notification Policy) for user recourse during a data breach.
4.12.6.1.3 Clause 86 (Compliance with International Standards) for a broader understanding of user rights under global regulations.
4.13 General Disclaimer
4.13.1 General Information Disclaimer
4.13.1.1 The content provided on the website is intended for general informational purposes only.
4.13.1.2 The website makes no representations or warranties of any kind, express or implied, including:
4.13.1.2.1 The accuracy, completeness, or reliability of the information.
4.13.1.2.2 The suitability of the information for specific purposes.
4.13.1.2.3 Uninterrupted or error-free operation of the website or its services.
4.13.1.3 User Responsibility:
4.13.1.3.1 Users acknowledge and agree that reliance on the information provided is strictly at their own risk.
4.13.1.3.2 The website disclaims liability for any errors, omissions, or inaccuracies in its content.
4.13.2 Specific Disclaimers
4.13.2.1 Project Information Disclaimer
4.13.2.1.1 All project details, including timelines, budgets, specifications, and features, are estimates and subject to change without prior notice.
4.13.2.1.2 Renderings, images, and graphics are for illustrative purposes only and may not reflect the final outcomes.
4.13.2.1.3 The website reserves the right to modify or cancel projects or services without incurring liability.
4.13.2.1.4 Important Note:
4.13.2.1.4.1 Decisions made based on project information on the website are at the user's own risk.
4.13.2.2 Investment Disclaimer
4.13.2.2.1 The website does not provide financial, legal, or investment advice and should not be considered an offer or solicitation for investment.
4.13.2.2.2 Investment Risks:
4.13.2.2.2.1 Investments may involve risks, including market volatility, regulatory changes, and potential loss of principal.
4.13.2.2.2.2 Past performance is not indicative of future results.
4.13.2.2.3 Recommendation:
4.13.2.2.3.1 Users are strongly encouraged to seek independent financial or legal advice before making investment decisions.
4.13.2.3 External Links Disclaimer
4.13.2.3.1 The website may include links to third-party websites for user convenience.
4.13.2.3.2 The website:
4.13.2.3.2.1 Does not control or endorse the content or practices of third-party websites.
4.13.2.3.2.2 Is not liable for any damages or losses resulting from the use of third-party links.
4.13.2.3.3 User Responsibility:
4.13.2.3.3.1 Users should review the terms and privacy policies of external sites before engaging with them.
4.13.2.4 Professional Advice Disclaimer
4.13.2.4.1 The content on the website does not substitute for professional advice and should not be considered:
4.13.2.4.1.1 Legal advice.
4.13.2.4.1.2 Financial planning or investment guidance.
4.13.2.4.1.3 Architectural, engineering, or construction recommendations.
4.13.2.4.2 Recommendation:
4.13.2.4.2.1 Users should always consult qualified professionals for specific concerns or issues.
4.13.2.5 Warranty Disclaimer
4.13.2.5.1 The website and its content are provided "as is" and "as available," without warranties of any kind.
4.13.2.5.2 The website disclaims all express or implied warranties, including:
4.13.2.5.2.1 Warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.13.2.5.2.2 Guarantees that the website will operate error-free or uninterrupted.
4.13.2.5.3 User Responsibility:
4.13.2.5.3.1 Users must ensure their devices have adequate security software and protections.
4.13.2.6 Liability Disclaimer
4.13.2.6.1 To the fullest extent permitted by law, the website is not liable for:
4.13.2.6.1.1 Any direct, indirect, incidental, or consequential damages arising from the use or inability to use the website.
4.13.2.6.1.2 Losses caused by errors, interruptions, or inaccuracies in website content.
4.13.2.6.1.3 Reliance on any information or materials obtained through the website.
4.13.2.6.2 Scope of Liability:
4.13.2.6.2.1 This limitation applies even if the website was advised of the possibility of such damages.
4.13.2.7 Force Majeure Disclaimer
4.13.2.7.1 The website is not responsible for delays or failures caused by events beyond its control, including:
4.13.2.7.1.1 Natural disasters, labor strikes, pandemics, or acts of terrorism.
4.13.2.7.1.2 Technical failures or regulatory changes.
4.13.2.7.2 Mitigation Efforts:
4.13.2.7.2.1 The website will take reasonable steps to minimize impacts of such events.
4.13.2.8 User-Generated Content Disclaimer
4.13.2.8.1 Users retain ownership of submitted content but grant the website a non-exclusive, royalty-free license to use, reproduce, or distribute the content.
4.13.2.8.2 Users must ensure submissions do not infringe intellectual property rights or include offensive, defamatory, or illegal material.
4.13.2.8.3 Moderation:
4.13.2.8.3.1 The website reserves the right to moderate or remove user-generated content at its discretion.
4.13.2.9 E-Commerce and Payment Disclaimer
4.13.2.9.1 Payments are processed through secure third-party providers, and the website does not store payment information.
4.13.2.9.2 Refunds, cancellations, and delivery timelines are subject to specific terms provided at the point of sale.
4.13.2.9.3 Important Note:
4.13.2.9.3.1 The website is not responsible for issues arising from third-party payment processors or delivery services.
4.14 Intellectual Property Policy
4.14.1 Ownership of Intellectual Property
4.14.1.1 All intellectual property on this Website, including but not limited to:
4.14.1.1.1 Text, graphics, images, videos, and other multimedia content.
4.14.1.1.2 Logos, trademarks, trade names, and brand identifiers.
4.14.1.1.3 Software, source code, and design elements of the Website.
4.14.1.2 These materials are owned or licensed by the Website and are protected under applicable intellectual property laws, including the Copyright Act 1968 (Cth) in Australia and international treaties such as the Berne Convention and WIPO Internet Treaties.
4.14.2 Permitted Use
4.14.2.1 Users are permitted to:
4.14.2.1.1 Access and view the content for personal, non-commercial purposes.
4.14.2.1.2 Print or download materials for personal reference, provided they are not altered, misrepresented, or redistributed.
4.14.3 Prohibited Use
4.14.3.1 Users may not:
4.14.3.1.1 Reproduce, distribute, or publicly display any Website content without prior written authorization.
4.14.3.1.2 Use the Website’s trademarks, trade names, or logos without explicit consent.
4.14.3.1.3 Create derivative works, adaptations, or modifications based on the Website’s content.
4.14.3.1.4 Use automated tools such as bots or scrapers to extract content, data, or metadata from the Website.
4.14.3.1.5 Reverse-engineer or decompile Website code or software (refer to Clause 62, Reverse Engineering or Data Scraping).
4.14.4 User Contributions
4.14.4.1 If users submit content to the Website, such as feedback, comments, or reviews:
4.14.4.1.1 Users retain ownership of their submitted content.
4.14.4.1.2 By submitting content, users grant the Website a non-exclusive, royalty-free, perpetual license to use, reproduce, adapt, and distribute the content.
4.14.4.1.3 Submissions must not:
4.14.4.1.3.1 Infringe third-party intellectual property rights.
4.14.4.1.3.2 Contain defamatory, offensive, or illegal material.
4.14.5 Infringement Reporting
4.14.5.1 If users believe their intellectual property rights have been violated on the Website:
4.14.5.1.1 Contact the Website at [projects@example.com] with the following details:
4.14.5.1.1.1 A clear description of the allegedly infringing content.
4.14.5.1.1.2 Proof of ownership or authority over the intellectual property in question.
4.14.5.1.1.3 Contact information for follow-up.
4.14.5.2 The Website will investigate the claim and take appropriate action, including removal of infringing content if warranted.
4.14.6 Legal Actions and Remedies
4.14.6.1 The Website reserves the right to pursue legal action against individuals or entities that violate the Intellectual Property Policy.
4.14.6.2 Remedies may include:
4.14.6.2.1 Injunctive relief to prevent further unauthorized use.
4.14.6.2.2 Claims for financial damages, compensation, or restitution.
4.14.7 Updates to Intellectual Property Policy
4.14.7.1 The Website may revise this Intellectual Property Policy at any time to address evolving legal or operational requirements.
4.14.7.2 Updates will be published on this page with the revised effective date. Users are encouraged to review the policy periodically.
4.14.8 Contact Information
4.14.8.1 For questions, concerns, or reporting related to this policy, contact:
4.14.8.1.1 Email: [projects@example.com]
4.15 Indemnification
4.15.1 User Responsibility
4.15.1.1 Users agree to indemnify, defend, and hold harmless the Website, its owners, directors, employees, affiliates, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from:
4.15.1.1.1 The user’s use of the Website, including but not limited to misuse or unauthorized access.
4.15.1.1.2 Breach of these Terms and Conditions, including violations of user responsibilities (refer to Clause 4.1).
4.15.1.1.3 Violations of third-party rights, including intellectual property, data privacy, or contractual obligations.
4.15.1.1.4 Non-compliance with applicable laws, including consumer protection, privacy, and cybersecurity laws.
4.15.2 Notification of Claims
4.15.2.1 The Website will notify users promptly of any claims for which indemnification is sought. Notifications will include:
4.15.2.1.1 A detailed description of the claim.
4.15.2.1.2 Any supporting documentation or evidence.
4.15.3 Cooperation
4.15.3.1 Users agree to fully cooperate in the defense of any claim, including but not limited to:
4.15.3.1.1 Providing relevant information, documents, or testimony as reasonably requested by the Website.
4.15.3.1.2 Refraining from settling any claim without prior written consent from the Website.
4.15.4 Rights and Remedies
4.15.4.1 The Website retains the right to assume exclusive control of the defense and resolution of any claim.
4.15.4.2 Users remain obligated to reimburse any legal fees or costs incurred by the Website in resolving the claim.
4.15.5 Limitation of Liability
4.15.5.1 The obligations under this clause do not apply to claims resulting from gross negligence or willful misconduct by the Website.
4.15.6 Cross-References
4.15.6.1 This clause must be read in conjunction with:
4.15.6.1.1 Clause 4.11 (Compliance with International Standards) for users’ legal obligations across jurisdictions.
4.15.6.1.2 Clause 4.13 (General Disclaimer) for the Website’s liability limitations.
4.15.6.1.3 Clause 4.14 (Intellectual Property Policy) regarding intellectual property violations.
4.15.6.1.4 Clause 29 (Force Majeure) for conditions limiting liability in extraordinary circumstances.
4.16 User Acknowledgment
4.16.1 Acceptance of Terms
4.16.1.1 By accessing or using the Website, users acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions.
4.16.2 Voluntary Use
4.16.2.1 Users confirm that their use of the Website is voluntary and at their sole discretion.
4.16.3 Independent Advice
4.16.3.1 Users are encouraged to seek independent legal or professional advice if they have any questions or concerns regarding these Terms and Conditions.
4.17 Effective Date and Versioning
4.17.1 Effective Date
4.17.1.1 These Terms and Conditions are effective as of the date specified on this page.
4.17.2 Version Control
4.17.2.1 This document is Version 1.0.
4.17.2.2 Subsequent updates or revisions will be clearly indicated with updated version numbers and effective dates.
4.18 Feedback and Suggestions
4.18.1 User Contributions
4.18.1.1 If users provide feedback, suggestions, or ideas, they grant the Website a non-exclusive, royalty-free, perpetual license to use, reproduce, and implement their contributions.
4.18.2 No Compensation
4.18.2.1 Users acknowledge that the Website is not obligated to compensate for unsolicited feedback or suggestions.
4.18.3 Acknowledgment
4.18.3.1 Users acknowledge that their feedback or suggestions may be used at the Website’s discretion for improvements or innovations.
4.19 Closing Provisions
4.19.1 Final Agreement
4.19.1.1 These Terms and Conditions represent the final and complete agreement between the user and the Website regarding access and use.
4.19.2 Questions and Support
4.19.2.1 For questions or additional support, users may contact:
4.19.2.1.1 Email: projects@sadbad.group
4.19.2.1.2 Mailing Address: South Australia 5158
4.20 Third-Party Services and Integration Policy
4.20.1 Overview
4.20.1.1 The Website utilizes trusted third-party services and tools to enhance functionality, security, and user experience.
4.20.2 Types of Third-Party Services
4.20.2.1 Analytics Tools: To monitor traffic and user behavior.
4.20.2.2 Payment Processing: Secure platforms for transactions.
4.20.2.3 Hosting Services: Cloud-based solutions for secure data storage.
4.20.2.4 Advertising and Marketing: Tools for personalized marketing or retargeting campaigns.
4.20.3 Information Shared with Third Parties
4.20.3.1 Depending on the service, shared data may include:
4.20.3.1.1 Non-personal analytics data (e.g., browser type).
4.20.3.1.2 Personal data for payment processing.
4.20.3.1.3 Email addresses for newsletters (with consent).
4.20.4 Third-Party Providers
4.20.4.1 Trusted providers include:
4.20.4.1.1 Google Analytics: Performance tracking.
4.20.4.1.2 Stripe/PayPal: Payment processing.
4.20.5 User Rights
4.20.5.1 Users may opt out of third-party services, such as disabling analytics tracking or unsubscribing from emails.
4.20.6 Compliance and Data Protection
4.20.6.1 Third-party providers comply with relevant regulations, including GDPR and the Australian Privacy Act 1988.
4.21 Accessibility Statement
4.21.1 Commitment
4.21.1.1 The Website is dedicated to providing an inclusive, user-friendly experience for all individuals, including those with disabilities.
4.21.2 Standards
4.21.2.1 Adheres to Web Content Accessibility Guidelines (WCAG) 2.1 and the Australian Disability Discrimination Act 1992.
4.21.3 Feedback and Support
4.21.3.1 Users may report accessibility issues via:
4.21.3.1.1 Email: projects@sadbad.group
4.21.3.2 The Website will address issues and provide alternative access to content.
4.22 User Responsibilities
4.22.1 Compliance with Terms and Conditions
4.22.1.1 By using the Website, users agree to comply with these Terms and Conditions and all applicable laws and regulations.
4.22.1.2 Users must ensure their actions on the Website do not:
4.22.1.2.1 Violate intellectual property rights.
4.22.1.2.2 Breach security measures or compromise Website functionality.
4.22.1.2.3 Contravene any local, national, or international laws.
4.22.2 Accurate Information
4.22.2.1 Users are required to provide truthful, accurate, and up-to-date information, including when:
4.22.2.1.1 Completing forms or inquiries on the Website.
4.22.2.1.2 Submitting payment or contact details.
4.22.3 Protection of Login Credentials
4.22.3.1 Users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords.
4.22.3.2 Sadbad Group is not liable for unauthorized access resulting from user negligence in safeguarding login information.
4.22.4 Respectful Use of the Website
4.22.4.1 Users must not engage in activities that:
4.22.4.1.1 Harass, harm, or offend other users or Sadbad Group staff.
4.22.4.1.2 Disrupt or damage Website functionality through unauthorized access or malicious software.
4.22.5 Prohibited Actions
4.22.5.1 Users are prohibited from:
4.22.5.1.1 Attempting to gain unauthorized access to Website systems or data.
4.22.5.1.2 Using the Website for fraudulent or illegal purposes.
4.22.5.1.3 Copying, distributing, or reproducing Website content without prior written consent from Sadbad Group.
4.22.6 Reporting Issues
4.22.6.1 Users are encouraged to report technical issues, inaccuracies, or security concerns via:
4.22.6.1.1 Email: projects@sadbad.group
4.22.6.1.2 Online Form: Available on the Contact Us page.
4.23 Termination of Access
4.23.1 Grounds for Termination
4.23.1.1 Sadbad Group reserves the right to suspend or terminate user access to the Website without prior notice for:
4.23.1.1.1 Breach of these Terms and Conditions.
4.23.1.1.2 Engagement in illegal, abusive, or harmful activities.
4.23.1.1.3 Violations of intellectual property rights or security protocols.
4.23.2 Effect of Termination
4.23.2.1 Upon termination, users are prohibited from accessing restricted areas of the Website.
4.23.2.2 Any rights and obligations accrued before termination shall remain in effect.
4.23.3 Reinstatement
4.23.3.1 Users seeking reinstatement after termination must contact Sadbad Group via email, providing an explanation and evidence of remedial action.
4.23.4 No Liability for Termination
4.23.4.1 Sadbad Group is not liable for any damages or losses resulting from the termination of Website access.
4.24 Notices and Communications
4.24.1 Method of Communication
4.24.1.1 Notices, updates, or inquiries related to these Terms and Conditions shall be communicated through:
4.24.1.1.1 Email: projects@sadbad.group
4.24.1.1.2 Mailing Address: South Australia 5158
4.24.2 Electronic Notices
4.24.2.1 By using the Website, users consent to receive electronic communications, including legal notices and updates, via email or Website notifications.
4.24.3 User Responsibility
4.24.3.1 Users must ensure their contact information is accurate and up to date.
4.24.4 Response Times
4.24.4.1 Sadbad Group aims to respond to inquiries within three (3) business days.
4.25 Updates and Revisions to Policies
4.25.1 Right to Amend
4.25.1.1 Sadbad Group reserves the right to modify or update these Terms and Conditions and related policies at its discretion.
4.25.2 Notification of Changes
4.25.2.1 Users will be notified of significant changes through:
4.25.2.1.1 Updates on the Website.
4.25.2.1.2 Email notifications for registered users.
4.25.3 Effective Date of Amendments
4.25.3.1 Policy changes will take effect immediately upon posting unless otherwise specified.
4.25.4 User Responsibility
4.25.4.1 Users are encouraged to review these Terms and Conditions periodically to stay informed of updates.
4.26 Final Provisions
4.26.1 Entire Agreement
4.26.1.1 These Terms and Conditions, along with any referenced policies, constitute the entire agreement between users and Sadbad Group regarding the use of the Website.
4.26.2 Severability
4.26.2.1 If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
4.26.3 Waiver
4.26.3.1 Failure by Sadbad Group to enforce any provision of these Terms and Conditions does not constitute a waiver of its rights.
4.26.4 Language
4.26.4.1 These Terms and Conditions are provided in English. In the event of a conflict between the English version and any translated version, the English version shall prevail.
4.26.5 Contact Information
4.26.5.1 For further information or assistance, users may contact Sadbad Group via:
4.26.5.1.1 Email: projects@sadbad.group
4.26.5.1.2 Mailing Address: South Australia 5158
4.27 User Account Terms
4.27.1 User Accounts
4.27.1.1 Eligibility to Create an Account
4.27.1.1.1 To create an account on the Website, users must:
4.27.1.1.1.1 Be at least 18 years old or the legal age of majority in their jurisdiction.
4.27.1.1.1.2 Have the legal authority to enter into binding agreements, including these Terms and Conditions.
4.27.1.1.1.3 Reside in regions where the Website is legally available.
4.27.1.1.2 By creating an account, users represent and warrant compliance with these eligibility requirements.
4.27.1.2 Account Registration
4.27.1.2.1 Users agree to:
4.27.1.2.1.1 Provide accurate, truthful, and up-to-date information during registration.
4.27.1.2.1.2 Promptly update account information to maintain accuracy.
4.27.1.2.2 Prohibited Activities: Users must not:
4.27.1.2.2.1 Create accounts using false information or impersonate others.
4.27.1.2.2.2 Register on behalf of a third party without explicit consent.
4.27.1.2.2.3 Create multiple accounts for fraudulent purposes.
4.27.1.3 Account Security
4.27.1.3.1 Users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords.
4.27.1.3.2 Users must:
4.27.1.3.2.1 Use strong passwords and secure their login details.
4.27.1.3.2.2 Monitor account activity and report unauthorized access to support@sadbad.group immediately.
4.27.1.3.3 Sadbad Group is not liable for losses resulting from unauthorized use due to user negligence.
4.27.1.4 User Responsibilities
4.27.1.4.1 Users agree to:
4.27.1.4.1.1 Be responsible for all activities conducted through their accounts.
4.27.1.4.1.2 Adhere to applicable laws, these Terms and Conditions, and additional policies.
4.27.1.4.2 Prohibited Content: Users may not upload, post, or distribute:
4.27.1.4.2.1 Illegal, defamatory, or harmful content.
4.27.1.4.2.2 Materials infringing intellectual property rights.
4.27.1.4.2.3 Spam or unsolicited communications.
4.27.1.5 Account Suspension or Termination
4.27.1.5.1 Sadbad Group reserves the right to suspend or terminate accounts under the following conditions:
4.27.1.5.1.1 Violations of Terms or engagement in fraudulent or illegal activities.
4.27.1.5.1.2 Prolonged inactivity (e.g., 12 months) with prior notice.
4.27.1.5.1.3 Misuse, harassment, or abuse reports.
4.27.1.5.2 Upon termination:
4.27.1.5.2.1 Users will be notified via email.
4.27.1.5.2.2 Access to accounts and associated data will be revoked.
4.28 Account Deletion by the User
4.28.1 Deletion Process
4.28.1.1 To delete an account, users must contact support@sadbad.group.
4.28.1.2 Upon deletion:
4.28.1.2.1 Personal data will be removed, except where retention is required by law.
4.28.1.2.2 Users remain responsible for obligations incurred prior to deletion.
4.29 Subscription or Membership Terms
4.29.1 Introduction
4.29.1.1 These terms outline conditions governing subscription-based services or memberships offered by Sadbad Group.
4.29.1.2 By subscribing or purchasing a membership, users agree to these Subscription Terms as part of the broader Terms and Conditions.
4.29.2 Eligibility
4.29.2.1 Subscriptions or memberships require:
4.29.2.1.1 Users to be at least 18 years old or meet the age of majority in their jurisdiction.
4.29.2.1.2 Users to reside in regions where subscriptions are available.
4.29.3 Subscription Plans
4.29.3.1 Various subscription tiers or membership plans may be offered, with details on pricing and benefits provided during registration.
4.29.3.2 Promotions:
4.29.3.2.1 Time-limited promotional or introductory offers may be available.
4.29.3.2.2 These offers cannot be combined with other discounts unless explicitly stated.
4.29.4 Payment Terms
4.29.4.1 Subscriptions are billed on a recurring basis (e.g., monthly, quarterly, or annually).
4.29.4.2 Payments are processed securely via third-party providers, and Sadbad Group does not store payment details.
4.29.4.3 Automatic Renewal: Subscriptions automatically renew unless canceled.
4.29.5 Cancellations and Refunds
4.29.5.1 Subscriptions may be canceled at any time via account settings or by contacting support.
4.29.5.2 Refunds are generally not provided for unused portions of a subscription. Exceptions may apply for technical issues.
4.30 Subscriber Obligations
4.30.1 Accurate Information
4.30.1.1 Subscribers must provide accurate and up-to-date information during registration and payment.
4.30.2 Use of Service
4.30.2.1 Subscriptions are for personal use unless otherwise stated.
4.30.2.2 Sharing login credentials or providing unauthorized access is prohibited.
4.31 Termination of Subscription
4.31.1 By the Subscriber
4.31.1.1 Subscriptions may be terminated at any time per the cancellation policy.
4.31.2 By Sadbad Group
4.31.2.1 Subscriptions may be terminated for:
4.31.2.1.1 Breach of terms.
4.31.2.1.2 Fraudulent activity.
4.31.2.1.3 Payment failures.
4.31.3 Effect of Termination
4.31.3.1 Access to subscription benefits ceases immediately upon termination.
4.32 Free Trials
4.32.1 Duration and Eligibility
4.32.1.1 Free trials are limited-time offers for eligible new subscribers.
4.32.2 Automatic Conversion
4.32.2.1 Free trials convert to paid plans unless canceled before the trial period ends.
4.33 User Rights and Choices
4.33.1 Respect for User Rights
4.33.1.1 Sadbad Group respects users’ rights concerning automated decision-making processes, ensuring transparency and control.
4.33.2 Opt-Out Mechanisms
4.33.2.1 Users may opt-out of:
4.33.2.1.1 Behavioral Advertising: By managing cookie preferences or using tools such as Google Ads Settings.
4.33.2.1.2 Automated Content Recommendations: By contacting Sadbad Group at projects@sadbad.group.
4.33.3 Transparency Requests
4.33.3.1 Users may request:
4.33.3.1.1 Information about the logic behind automated decisions affecting them.
4.33.3.1.2 Details regarding the significance and potential consequences of these decisions.
4.33.4 Human Review Requests
4.33.4.1 If an automated decision significantly impacts a user, they may request human intervention to review the decision.
4.34 Data Handling and Security
4.34.1 Ethical Data Usage
4.34.1.1 Sadbad Group ensures data used in automated decision-making is handled securely and ethically:
4.34.1.1.1 Only data necessary for specific processes, such as browsing behavior and service interactions, is collected.
4.34.1.1.2 Data is anonymized or aggregated wherever possible to protect individual privacy.
4.34.2 Retention Periods
4.34.2.1 Behavioral Data: Retained for up to 24 months.
4.34.2.2 Smart Property Data (IoT): Retained for operational purposes or as required by law.
4.34.3 Security Measures
4.34.3.1 Encryption protects data both in transit and at rest.
4.34.3.2 Regular audits ensure compliance with industry security standards and policies.
4.35 Third-Party Technologies
4.35.1 Trusted Providers
4.35.1.1 Sadbad Group may utilize trusted third-party technologies to enhance services. Providers are:
4.35.1.1.1 Contractually Bound: Comply with Australian privacy laws and Sadbad Group’s security standards.
4.35.1.1.2 Transparent: Data shared with providers is limited to what is necessary for their services.
4.35.2 Examples of Integrations
4.35.2.1 Analytics tools to monitor Website performance.
4.35.2.2 IoT platforms for smart property data aggregation.
4.36 Legal Compliance
4.36.1 Adherence to Regulations
4.36.1.1 Sadbad Group’s use of advanced technologies complies with:
4.36.1.1.1 Australian Privacy Act 1988: Ensuring ethical data collection and usage.
4.36.1.1.2 General Data Protection Regulation (GDPR): For users in applicable regions, offering data portability, restriction rights, and explicit consent mechanisms.
4.36.1.1.3 Web Content Accessibility Guidelines (WCAG): Ensuring compatibility with assistive technologies for equitable access.
4.37 Accessibility and Inclusivity
4.37.1 Assistive Device Compatibility
4.37.1.1 Systems are designed to function seamlessly with assistive devices like screen readers.
4.37.1.2 Interfaces are tested to meet accessibility standards for users with disabilities.
4.37.2 Feedback Mechanisms
4.37.2.1 Users can report accessibility issues or suggest improvements via:
4.37.2.1.1 Email: projects@sadbad.group
4.38 Data Breach Response
4.38.1 Breach Notifications
4.38.1.1 In the event of a data breach involving automated systems:
4.38.1.1.1 Affected users will be notified within 72 hours, where legally required.
4.38.1.1.2 Immediate steps will be taken to secure systems, minimize impact, and prevent recurrence.
4.38.2 Support for Affected Users
4.38.2.1 Users will be provided with clear instructions and support during the resolution process.
4.39 Continuous Improvement
4.39.1 Commitment to Enhancements
4.39.1.1 Sadbad Group is committed to improving automated processes by:
4.39.1.1.1 Regularly evaluating systems through audits and user feedback.
4.39.1.1.2 Updating algorithms to reflect evolving ethical standards and legal requirements.
4.39.1.1.3 Engaging stakeholders in discussions about ethical AI practices.
4.40 Contact Information
4.40.1 Questions or Concerns
4.40.1.1 For inquiries related to automated decision-making or advanced technologies, users can contact:
4.40.1.1.1 Email: projects@sadbad.group
4.40.1.1.2 Mailing Address: South Australia 5158
4.41 Updates to This Policy
4.41.1 Periodic Updates
4.41.1.1 Sadbad Group may update this policy periodically to reflect new technologies or legal requirements.
4.41.1.2 The latest version will always be available on this page, with the effective date clearly indicated.
4.42 Child Protection Clause
4.42.1 Children’s Privacy Policy
4.42.1.1 Sadbad Group is committed to protecting the safety and privacy of children.
4.42.1.2 This section outlines Sadbad Group’s approach to safeguarding the personal data of individuals under the age of 16 who may interact with its Website or services.
4.42.1.3 While the Website is not targeted at children, we recognize the importance of adhering to legal and ethical standards to protect their information.
4.42.2 No Intentional Collection of Children’s Data
4.42.2.1 Sadbad Group does not knowingly collect, use, or store personal information from individuals under the age of 16 without verifiable parental or guardian consent.
4.42.2.2 If inadvertent collection of a child’s data is discovered, Sadbad Group will:
4.42.2.2.1 Immediately delete the data from its systems.
4.42.2.2.2 Notify the parent or guardian, if contactable, of the incident and the corrective actions taken.
4.42.3 Parental or Guardian Consent
4.42.3.1 For services or activities involving individuals under 16, Sadbad Group will:
4.42.3.1.1 Obtain explicit parental or guardian consent before collecting any personal data.
4.42.3.1.2 Clearly explain how the data will be used, stored, and shared.
4.42.3.1.3 Provide parents or guardians the ability to review, update, or delete their child’s personal information at any time.
4.42.4 Actions for Parents or Guardians
4.42.4.1 Sadbad Group encourages parents and guardians to monitor their children’s online activities and ensure compliance with this policy.
4.42.4.2 If a parent or guardian suspects their child has provided personal information without consent, they should contact Sadbad Group immediately via:
4.42.4.2.1 Email: projects@sadbad.group
4.42.4.2.2 Mailing Address: South Australia 5158
4.42.4.3 Upon verification of identity, Sadbad Group will:
4.42.4.3.1 Provide a detailed report of any data associated with the child.
4.42.4.3.2 Delete or anonymize the information as requested.
4.42.4.3.3 Confirm the actions taken to address the concern.
4.42.5 Data Collection and Use for Children’s Activities
4.42.5.1 For specific programs or activities aimed at families or children, Sadbad Group may collect limited information, which will:
4.42.5.1.1 Be collected only with verifiable parental or guardian consent.
4.42.5.1.2 Include only what is necessary for participation (e.g., name, age, and parent’s contact details).
4.42.5.1.3 Be securely stored and used solely for the specified purpose.
4.42.5.2 Such data will never be used for marketing or advertising purposes.
4.42.6 How We Protect Children’s Data
4.42.6.1 Sadbad Group employs robust measures to secure children’s data, including:
4.42.6.1.1 Data Encryption: Ensuring all information is encrypted during transmission and storage.
4.42.6.1.2 Restricted Access: Limiting data access to authorized personnel only.
4.42.6.1.3 Regular Audits: Conducting periodic reviews of data handling practices to maintain compliance.
4.42.6.2 Age verification mechanisms are implemented to prevent the inadvertent collection of data from individuals under 16.
4.42.7 Age Verification Mechanisms
4.42.7.1 Sadbad Group may use tools or processes to verify user age, including:
4.42.7.1.1 Self-declaration methods (e.g., age confirmation checkboxes).
4.42.7.1.2 Parental verification through email or phone contact for activities involving minors.
4.42.7.2 Users unable to verify age may be restricted from accessing certain features.
4.42.8 Compliance with Privacy Laws
4.42.8.1 Sadbad Group complies with the following regulations to protect children’s data:
4.42.8.1.1 Australian Privacy Act 1988: Governing personal information collection and use.
4.42.8.1.2 Children’s Online Privacy Protection Act (COPPA): Applicable to international users where relevant.
4.42.8.1.3 General Data Protection Regulation (GDPR): Providing specific protections for individuals under the age of 16 in the European Union.
4.42.9 Educational and Family-Oriented Content
4.42.9.1 For content or programs appealing to families or children, Sadbad Group will:
4.42.9.1.1 Clearly state whether parental or guardian supervision is required.
4.42.9.1.2 Collect only the data necessary for participation.
4.42.9.1.3 Provide safeguards to minimize risks of unauthorized data access or misuse.
4.42.10 Monitoring and Enforcement
4.42.10.1 To uphold this policy, Sadbad Group will:
4.42.10.1.1 Monitor data collection points to identify potential risks involving children’s data.
4.42.10.1.2 Train staff on proper data handling procedures.
4.42.10.1.3 Utilize moderation tools to filter inappropriate content if user-generated content is allowed.
4.42.11 Reporting and Addressing Violations
4.42.11.1 Suspected non-compliance or breaches of this clause can be reported to Sadbad Group via the contact details provided.
4.42.11.2 All reports will be investigated within 30 days, with corrective actions implemented as necessary, including data deletion and process improvement.
4.42.11.3 Where legally required, incidents will also be reported to the Office of the Australian Information Commissioner (OAIC) or relevant authorities.
4.42.12 Third-Party Involvement
4.42.12.1 If third-party vendors are involved in child-related activities, Sadbad Group ensures they:
4.42.12.1.1 Are contractually obligated to adhere to data protection standards.
4.42.12.1.2 Comply with relevant legal frameworks concerning children’s privacy.
4.42.13 Updates to This Clause
4.42.13.1 This Child Protection Clause may be revised to reflect changes in legal requirements, practices, or services offered.
4.42.13.2 Users are encouraged to review this clause periodically for updates.
4.42.14 Contact Information
4.42.14.1 For questions, concerns, or complaints regarding this policy, contact Sadbad Group via:
4.42.14.1.1 Email: projects@sadbad.group
4.42.14.1.2 Mailing Address: South Australia 5158
4.43 Updates and Modifications
4.43.1 Right to Modify Terms
4.43.1.1 Sadbad Group reserves the exclusive right to amend, update, or modify these Terms and Conditions at any time and for any reason.
4.43.1.2 Modifications may reflect updates to legal requirements, operational practices, or changes to the functionality or offerings of the Website.
4.43.2 Notification of Changes
4.43.2.1 Methods of Notification
When changes are made, Sadbad Group will provide users with reasonable notice through one or more of the following methods:
4.43.2.1.1 Website Notification: A prominent notice displayed on the Website’s homepage or within the Terms and Conditions section.
4.43.2.1.2 Email Notification: Direct email communication to registered users who have provided email addresses, highlighting significant updates.
4.43.2.1.3 Date Stamp: The “Last Updated” date at the beginning of this document will reflect the most recent changes.
4.43.2.2 User Responsibility
4.43.2.2.1 Users are responsible for reviewing the updated Terms. Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
4.43.3 Scope of Modifications
Updates to these Terms and Conditions may include, but are not limited to:
4.43.3.1 Legal Compliance Updates: Alignment with new laws, regulations, or industry standards.
4.43.3.2 Content and Service Updates: Revisions reflecting new features, services, or changes to Website functionality.
4.43.3.3 Clarifications and Corrections: Modifications for clarity, correcting errors, or addressing ambiguities.
4.43.3.4 Operational Adjustments: Updates related to payment terms, user obligations, or liability limitations.
4.43.4 User Responsibility to Review
4.43.4.1 Regular Review Encouraged
Users are encouraged to regularly review the Terms and Conditions to ensure understanding and compliance with any changes.
4.43.4.2 Access to Updated Terms
A copy of the most recent Terms will always be accessible on the Website.
4.43.5 Opt-Out of Changes
4.43.5.1 Disagreement with Updates
If a user does not agree to any changes to the Terms, their sole remedy is to cease using the Website and its associated services.
4.43.5.2 Account Termination
4.43.5.2.1 Users with accounts may request termination by contacting projects@sadbad.group.
4.43.5.2.2 Refund requests resulting from disagreements with updated Terms will be handled according to the Refund Policy.
4.43.6 Retroactive and Prospective Application
4.43.6.1 Prospective Application
Updated Terms will apply only to actions, transactions, and interactions occurring after the “Last Updated” date.
4.43.6.2 Non-Retroactive Effect
Changes will not apply retroactively to completed transactions or past interactions unless required by law or explicitly stated.
4.43.7 Governing Law for Updates
4.43.7.1 Any updates or modifications to these Terms and Conditions will be governed by the laws of South Australia, Australia, unless otherwise required by applicable jurisdictional laws.
4.43.8 Binding Nature of Terms
By accessing or using the Website, users acknowledge and agree to the following:
4.43.8.1 Acknowledgment: Users confirm they have read and understood the updated Terms and Conditions.
4.43.8.2 Acceptance: Users accept and agree to comply with the updated Terms in their entirety.
4.43.8.3 Continued Use: Continued use of the Website signifies the user’s ongoing acceptance of the Terms and any subsequent updates.
4.44 Liability Disclaimer
4.44.1 No Liability for Third-Party Content
4.44.1.1 Sadbad Group disclaims all responsibility and liability for damages, losses, or disputes arising from:
4.44.1.1.1 Accessing or relying on third-party content.
4.44.1.1.2 Transactions or interactions conducted on third-party websites.
4.44.1.1.3 Misuse or mishandling of user data by third-party providers.
4.44.2 Scope of Disclaimer
4.44.2.1 This limitation applies to all claims, including but not limited to:
4.44.2.1.1 Contractual disputes with third-party providers.
4.44.2.1.2 Damages resulting from malware or other cyber threats.
4.44.2.1.3 Losses due to misleading advertisements or promotions.
4.44.3 Reservation of Rights
4.44.3.1 Sadbad Group reserves the right to:
4.44.3.1.1 Modify or remove links to third-party content without prior notice.
4.44.3.1.2 Adjust policies on third-party content to reflect changes in law, user expectations, or business needs.
4.44.3.2 Significant changes to these policies will be communicated via updates to the Terms and Conditions.
4.45 Limitation of Liability
4.45.1 General Disclaimer of Liability
4.45.1.1 To the fullest extent permitted by applicable law, Sadbad Group and its affiliates, directors, employees, agents, and contractors shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to:
4.45.1.1.1 Your access to, use of, or inability to use the Website.
4.45.1.1.2 Errors, inaccuracies, or omissions in the content provided on the Website.
4.45.1.1.3 Unauthorized access to or use of secure servers and/or personal data.
4.45.1.1.4 Actions or omissions of third-party service providers linked to the Website.
4.45.1.2 This includes damages for loss of profits, goodwill, data, or other intangible losses, even if Sadbad Group has been advised of such damages.
4.45.2 Financial Caps
4.45.2.1 Sadbad Group's total liability for claims arising under these Terms shall not exceed:
4.45.2.1.1 The total amount paid by you for the specific service or product giving rise to the claim during the 12 months preceding the claim.
4.45.2.1.2 AUD $500, whichever is greater.
4.45.3 Excluded Damages
4.45.3.1 Sadbad Group shall not be liable for:
4.45.3.1.1 Consequential or indirect losses, such as loss of income, profits, or reputation.
4.45.3.1.2 Data loss or corruption resulting from unauthorized access or vulnerabilities.
4.45.3.1.3 Damages caused by third-party platforms or services linked to the Website.
4.45.3.1.4 Losses arising from force majeure events, such as natural disasters or global pandemics.
4.45.4 Specific Limitations on Digital Services
4.45.4.1 For transactions, subscriptions, or digital interactions on the Website:
4.45.4.1.1 Sadbad Group does not guarantee the accuracy of service descriptions or pricing.
4.45.4.1.2 Sadbad Group is not liable for delays caused by maintenance, technical failures, or force majeure events.
4.45.5 Exclusions Where Liability May Not Be Limited
4.45.5.1 In jurisdictions where exclusions are not permitted, Sadbad Group's liability shall be limited to the maximum extent allowed, including remedies stipulated by:
4.45.5.1.1 Australian Consumer Law under sections 64A and 68A of the Competition and Consumer Act 2010 (Cth).
4.45.5.1.2 Other applicable consumer protection laws in the user's jurisdiction.
4.45.6 User Responsibility
4.45.6.1 Users acknowledge their responsibility for:
4.45.6.1.1 Maintaining security against viruses or malware on their devices.
4.45.6.1.2 Indemnifying Sadbad Group for claims arising from their misuse of the Website.
4.45.7 Third-Party Links and Services
4.45.7.1 Sadbad Group disclaims liability for:
4.45.7.1.1 Misuse or inaccuracies in third-party content or services.
4.45.7.1.2 Security risks from accessing third-party links.
4.45.8 No Warranty Clause
4.45.8.1 The Website is provided "as is" and "as available," without warranties of merchantability, fitness for a specific purpose, or uninterrupted service.
4.46 Indemnification Clause (Continued)
4.46.1 General Indemnity
4.46.1.1 Users agree to indemnify and hold harmless Sadbad Group and its affiliates from all claims, damages, and costs arising from:
4.46.1.1.1 Breach of these Terms and Conditions.
4.46.1.1.2 Violations of applicable laws or rights of third parties.
4.46.1.1.3 Negligence or misconduct in using the Website.
4.46.2 Indemnity for Specific Activities
4.46.2.1 Users indemnify Sadbad Group for:
4.46.2.1.1 Unauthorized use of proprietary materials.
4.46.2.1.2 Intellectual property violations.
4.46.2.1.3 Fraudulent transactions.
4.46.3 Process for Indemnification Claims
4.46.3.1 Sadbad Group will notify users of indemnification claims and may require cooperation in the resolution process.
4.47 Termination Clause (Continued)
4.47.1 Rights Post-Termination
4.47.1.1 Users retain access to personal data requests, subject to the Privacy Policy.
4.47.1.2 Sadbad Group may enforce intellectual property and indemnification clauses.
4.47.2 Prohibited Actions Post-Termination
4.47.2.1 Users may not re-register under false pretenses or use proprietary resources.
4.47.3 Cooperation with Authorities
4.47.3.1 Sadbad Group may disclose user information in compliance with legal mandates or criminal investigations.
4.48 Governing Language (Continued)
4.48.1 Discretionary Language Support
4.48.1.1 Sadbad Group may provide translated materials or multilingual support at its discretion, but:
4.48.1.1.1 Non-Binding Nature: Translations or support provided are for convenience only and do not modify or supersede the English version of these Terms and Conditions.
4.48.1.1.2 Limited Scope: Not all policies, agreements, or updates may be translated; users should refer to the English version for official references.
4.48.2 Language Support for Specific User Groups
4.48.2.1 Sadbad Group may implement pilot programs for localized translations in select regions or for specific demographics.
4.48.2.2 User feedback will be used to evaluate the effectiveness and potential expansion of these offerings.
4.48.3 Notification of Changes in Language Policy
4.48.3.1 Users will be notified of updates to the language policy, including:
4.48.3.1.1 Addition or removal of translated content.
4.48.3.1.2 Changes in multilingual customer support availability.
4.48.3.1.3 Updates to the scope of language-specific materials.
4.48.4 Precedence of Legal Documentation
4.48.4.1 For all contracts, agreements, and disputes:
4.48.4.1.1 Only the English version is recognized as legally binding.
4.48.4.1.2 Translations serve as supplementary explanations and do not affect the enforceability of the English version.
4.48.5 User Responsibility in Cross-Language Transactions
4.48.5.1 Users agree to:
4.48.5.1.1 Seek clarification on ambiguous terms in translations before proceeding with agreements.
4.48.5.1.2 Waive claims arising from misunderstandings due to reliance on unofficial translations.
4.48.6 Enforcement of Language Standards in Collaboration
4.48.6.1 English is the official language for:
4.48.6.1.1 Partnerships and collaborations unless specified otherwise in writing.
4.48.6.1.2 Training materials, operational guidelines, and internal communications.
4.48.7 Accessibility of Governing Language Policy
4.48.7.1 This clause will be publicly available alongside the full Terms and Conditions.
4.48.7.2 It will serve as a reference in contracts or policies involving potential disputes over language interpretation.
4.48.8 Final Enforcement Clause
4.48.8.1 Provisions in this clause:
4.48.8.1.1 Survive termination of user access to the Website.
4.48.8.1.2 Apply universally across all interactions between Sadbad Group and users.
4.49 Class Action Waiver
4.49.1 No Class Action or Representative Actions
4.49.1.1 By using the Website or services, users agree that any disputes, claims, or controversies must be resolved individually and not as part of class actions, collective actions, or group litigation.
4.49.1.2 This waiver applies to all claims, including:
4.49.1.2.1 Contractual disputes, tort claims, or consumer protection matters.
4.49.1.2.2 Claims involving third-party services integrated with the Website.
4.49.1.2.3 Data collection or privacy-related disputes.
4.49.2 Scope of Waiver
4.49.2.1 The waiver covers disputes related to:
4.49.2.1.1 Website functionality, services, or products.
4.49.2.1.2 Terms and Conditions or related agreements.
4.49.3 Individual Claims Only
4.49.3.1 Disputes must be resolved on an individual basis, including legal claims, arbitration, or mediation.
4.49.4 No Class Action Arbitration or Mediation
4.49.4.1 Disputes submitted for arbitration or mediation must be resolved individually.
4.49.4.2 Arbitrators or mediators are not authorized to combine claims or adjudicate class-wide claims.
4.49.5 Waiver of Class Action Relief
4.49.5.1 Users waive rights to seek collective relief, including:
4.49.5.1.1 Injunctive or declaratory relief for others.
4.49.5.1.2 Damages for class members.
4.49.6 Right to Opt-Out
4.49.6.1 Users may opt out of this waiver by submitting written notice within 30 days of first use.
4.50 Arbitration Clause
4.50.1 Agreement to Arbitrate
4.50.1.1 By using the Website or services, users and Sadbad Group agree to resolve disputes exclusively through binding arbitration, waiving rights to lawsuits and jury trials.
4.50.2 Scope of Arbitration
4.50.2.1 Covers disputes related to:
4.50.2.1.1 Contract interpretation, enforcement, or breach.
4.50.2.1.2 Privacy and data protection issues.
4.50.3 Arbitration Procedure
4.50.3.1 Arbitration will be conducted in South Australia, under the rules of a recognized provider such as ACICA.
4.50.3.2 Proceedings will be in English, with provisions for translations if needed.
4.50.4 Exclusions from Arbitration
4.50.4.1 Intellectual property disputes and urgent injunctive relief are exempt.
4.50.5 Confidentiality of Arbitration
4.50.5.1 Arbitration proceedings and outcomes are confidential, with limited disclosures permitted by law.
4.51 Breach Consequences
4.51.1 Types of Breaches
4.51.1.1 Breaches include:
4.51.1.1.1 Unauthorized access, security violations, and prohibited behavior.
4.51.1.1.2 Intellectual property infringement.
4.51.2 Consequences of Breach
4.51.2.1 Sadbad Group may take actions, including:
4.51.2.1.1 Account suspension or termination.
4.51.2.1.2 Legal claims for damages.
4.51.3 User Responsibilities Upon Breach
4.51.3.1 Breaching users must rectify violations, cease harmful behavior, and cooperate with investigations.
4.51.4 Force Majeure Exception
4.51.4.1 Sadbad Group is not liable for breaches caused by uncontrollable events such as natural disasters or strikes.
4.51.5 Dispute Resolution for Breaches
4.51.5.1 Disputes will proceed through mediation or arbitration under ACICA rules, with jurisdiction in South Australia.
4.52 Acknowledgment of Director’s Authority and Global Liability
4.52.1 Binding Agreement upon Interaction with the Website
4.52.1.1 By interacting with any component of this Website, including but not limited to browsing, submitting information, or using any of the Website’s services, users acknowledge and consent to adhere to the full Terms and Conditions outlined herein.
4.52.1.2 Users agree that their interaction constitutes a binding agreement enforceable under local and international law.
4.52.1.3 The Director of Sadbad Group retains final authority in all matters related to the Website and obligations arising from its use.
4.52.2 Director’s Final Authority and Enforcement of Requests
4.52.2.1 The Director, or authorized officers, may enforce obligations, including but not limited to:
4.52.2.1.1 Monetary Payments: Payments for services, penalties, or financial transactions related to Website use.
4.52.2.1.2 Contractual or Legal Obligations: Compliance with financial or legal demands, including fees and penalties.
4.52.2.2 This authority applies worldwide, including but not limited to jurisdictions such as:
4.52.2.2.1 Australia (headquarters of Sadbad Group).
4.52.2.2.2 European Union (under GDPR).
4.52.2.2.3 United States, United Kingdom, Canada, India, Singapore, South Africa, Brazil, and other applicable regions.
4.52.3 Financial and Legal Liability upon Interaction
4.52.3.1 By interacting with the Website, users agree to:
4.52.3.1.1 Fulfill monetary payments and financial obligations as determined by the Director.
4.52.3.1.2 Accept the Director’s final determinations regarding financial obligations as binding and enforceable globally.
4.52.4 Enforcement of Payment Obligations
4.52.4.1 Failure to meet payment obligations may result in:
4.52.4.1.1 Debt collection procedures or recovery actions.
4.52.4.1.2 Legal action to enforce compliance.
4.52.4.1.3 Suspension or termination of Website access and associated privileges.
4.52.4.2 Sadbad Group may pursue international enforcement actions, including legal recovery through third-party agencies.
4.52.5 No Exceptions or Disputes Against Director’s Authority
4.52.5.1 By interacting with the Website, users agree that:
4.52.5.1.1 The Director’s word is final in all matters related to the Website.
4.52.5.1.2 Users waive the right to dispute the Director’s decisions, requests, or authority.
4.52.6 Payment Obligations and Legal Enforcement
4.52.6.1 In case of non-compliance with payment obligations, Sadbad Group may:
4.52.6.1.1 Initiate global debt recovery actions.
4.52.6.1.2 Pursue legal action in a jurisdiction of Sadbad Group’s choice or where the breach occurred.
4.52.7 Acknowledgment of Non-Legal Nature of Website Content
4.52.7.1 Except for legally binding documents such as the Terms and Conditions or Privacy Policy, no Website content may be used as legal evidence.
4.52.7.2 Sadbad Group reserves the right to modify or withdraw Website content without affecting user obligations.
4.52.8 Enforcement and Termination for Non-Compliance
4.52.8.1 Non-compliance may result in:
4.52.8.1.1 Termination of Website access, services, or content.
4.52.8.1.2 Legal action to enforce payment obligations or other requests.
4.53 Non-Use of Website Content as Legal Evidence
4.53.1 General Limitation on Use of Website Content in Legal Contexts
4.53.1.1 Except for legally binding agreements such as the Terms and Conditions, Privacy Policy, and Cookie Policy, no part of this Website—including content, images, graphics, text, videos, audio, logos, design elements, and other media—shall be admissible as evidence in legal, administrative, or regulatory proceedings worldwide.
4.53.1.2 Website content is intended solely for informational, marketing, and commercial purposes and must not be construed as legal, financial, or professional advice.
4.53.2 Exclusion of Website Content from Legal Evidence
4.53.2.1 Website content does not create contractual obligations unless explicitly stated in legally binding agreements.
4.53.2.2 Legal obligations arise solely from explicitly written agreements, such as service contracts.
4.53.3 Prohibited Use in Legal Arguments or Proceedings
4.53.3.1 Website content is for informational purposes only and is not admissible in litigation or disputes involving Sadbad Group.
4.53.3.2 Users may not substitute Website content for evidence in legal claims against Sadbad Group.
4.53.4 No Liability for Website Content as Evidence
4.53.4.1 Sadbad Group is not liable for attempts to use Website content in legal disputes.
4.53.4.2 Website content does not reflect implied promises or obligations enforceable in legal contexts.
4.53.5 Exclusion of Website Content from Non-Legal Contexts
4.53.5.1 Website content may be used for informational, promotional, or non-legal purposes only.
4.53.6 Acknowledgment of Non-Legal Nature of Website Content
4.53.6.1 By using the Website, users acknowledge that no part of the Website, excluding legally binding documents, may be used as evidence in legal proceedings.
4.53.7 Enforcement of Terms
4.53.7.1 Sadbad Group may suspend or terminate access to the Website for violations of this clause.
4.53.7.2 Legal action may be taken against misuse of Website content in violation of this clause.
4.54 Indemnification (Expanded, Comprehensive for All Jurisdictions)
4.54.1 User Indemnification Obligation
4.54.1.1 By accessing, browsing, or using any component of this Website, users agree to indemnify, defend, and hold harmless Sadbad Group, its affiliates, subsidiaries, directors, officers, employees, agents, contractors, and third-party service providers (collectively referred to as the "Indemnified Parties") from and against any and all losses, damages, claims, demands, liabilities, including but not limited to legal fees, court costs, and settlement amounts, arising from or in connection with:
4.54.1.1.1 Use of the Website.
4.54.1.1.2 Breach of these Terms and Conditions.
4.54.1.1.3 Violation of applicable laws or third-party rights.
4.54.1.2 This indemnity covers all legal claims or actions, including but not limited to:
4.54.1.2.1 Breach of Contract: Failure to adhere to these Terms and Conditions, including contractual obligations.
4.54.1.2.2 Intellectual Property Infringement: Claims related to the infringement of third-party intellectual property rights, such as copyrights, trademarks, or patents.
4.54.1.2.3 Defamation, Libel, or Slander: Actions based on defamatory statements or misuse of the Website for harmful communications.
4.54.1.2.4 Misuse of Content: Illegal or unauthorized use of Website content.
4.54.1.2.5 Privacy and Data Protection Violations: Breaches of applicable privacy laws, including the Australian Privacy Act 1988, GDPR, or CCPA.
4.54.1.2.6 Fraudulent Activities: Engagement in fraudulent activities that deceive or mislead Sadbad Group, users, or third parties.
4.54.1.2.7 Violation of Third-Party Rights: Legal actions stemming from violations of third-party rights, including consumer protection laws and contractual obligations.
4.54.2 Indemnification for User-Generated Content
4.54.2.1 If users submit or upload content (e.g., reviews, comments, or materials) to the Website, they agree to indemnify, defend, and hold harmless the Indemnified Parties against any claims arising from:
4.54.2.1.1 Content Violations: Content that infringes on third-party rights or is defamatory or illegal.
4.54.2.1.2 Breach of Representations: Violations of warranties regarding user submissions.
4.54.2.1.3 Harmful, Abusive, or Offensive Content: Content that incites harm, abuse, or offense.
4.54.3 Indemnification for Financial Obligations
4.54.3.1 Users agree to indemnify the Indemnified Parties against financial obligations arising from:
4.54.3.1.1 Unpaid Fees: Failure to pay incurred fees, charges, or penalties.
4.54.3.1.2 Service Breach: Non-compliance with service or product contracts.
4.54.3.1.3 Legal Costs in Debt Recovery: Costs incurred by Sadbad Group for debt collection proceedings.
4.54.4 Indemnification Across Global Jurisdictions
4.54.4.1 This indemnification applies to all jurisdictions where the Website operates, including but not limited to:
4.54.4.1.1 Australia: Under the Australian Consumer Law and Privacy Act 1988.
4.54.4.1.2 United States: Under federal and state laws, including FTC regulations and CCPA.
4.54.4.1.3 European Union: Under GDPR and member state laws.
4.54.4.1.4 United Kingdom: Under UK GDPR and Consumer Protection Laws.
4.54.4.1.5 Canada: Under PIPEDA and provincial laws.
4.54.4.1.6 Other Jurisdictions: Including India (Information Technology Act), South Africa (POPIA), Brazil (LGPD), Japan (APPI), and China (PIPL).
4.54.5 Indemnification for Sadbad Group’s Legal and Operational Costs
4.54.5.1 Users agree to indemnify the Indemnified Parties for:
4.54.5.1.1 Legal Fees and Costs: Costs for litigation, investigation, or defense of claims.
4.54.5.1.2 Operational and Recovery Costs: Administrative costs for fraud prevention, account monitoring, or debt recovery.
4.54.6 Indemnification for Third-Party Services and Platforms
4.54.6.1 Users agree to indemnify the Indemnified Parties against claims or damages arising from:
4.54.6.1.1 Third-Party Failures: Disruptions or data breaches from integrated third-party services.
4.54.6.1.2 Third-Party Content: Content uploaded by third parties that infringes rights or violates laws.
4.54.7 General Indemnification Terms
4.54.7.1 Waiver of Defenses: Users waive any defenses against enforcement of indemnification obligations.
4.54.7.2 Full Responsibility for Breach: Users are fully responsible for breaches, whether direct or through third parties acting on their behalf.
4.54.7.3 Indemnification Upon Termination: Indemnification obligations survive the termination of user access to the Website.
4.54.8 Survival of Indemnification Obligations
4.54.8.1 These indemnification obligations survive indefinitely, regardless of whether the user continues to access or use the Website.
4.55 Acknowledgment of Access to Website and Liability for Legal Costs Incurred by the Director
4.55.1 Acknowledgment of Access and Legal Obligations
4.55.1.1 By accessing or interacting with any part of the Website, including browsing, submitting information, or engaging with its services or content, users expressly acknowledge and agree to the following terms:
4.55.1.1.1 If a user is involved in any current or ongoing legal proceedings (e.g., as an applicant, defendant, witness, or any other party), including family court or other legal or regulatory matters involving the Director of Sadbad Group, they accept full liability for any legal costs incurred by the Director personally and by Sadbad Group as a result of such access or interactions.
4.55.1.1.2 This obligation encompasses all types of legal proceedings, including family court cases, civil lawsuits, criminal matters, or regulatory disputes where the Director is a party or involved, whether directly or indirectly, either personally or professionally.
4.55.2 Coverage of Legal Costs for Director and Sadbad Group
4.55.2.1 By interacting with the Website, users agree to fully cover the following legal costs incurred by the Director personally and Sadbad Group:
4.55.2.1.1 Legal Fees and Expenses for Personal Matters: Users agree to cover legal fees, attorney costs, and associated expenses incurred by the Director in personal legal matters, such as family court cases, criminal cases, or civil disputes.
4.55.2.1.2 Legal Fees and Expenses for Sadbad Group: Users agree to cover legal fees, costs of defense, compliance-related expenses, and damages awarded in cases where Sadbad Group is involved due to or related to the Director’s personal or professional matters.
4.55.3 Specific Types of Legal Costs Covered
4.55.3.1 Family Court Cases:
4.55.3.1.1 Users acknowledge their liability to cover all legal fees incurred by the Director in family court proceedings, including child custody disputes, divorce cases, or any related matters.
4.55.3.1.2 Liability extends regardless of the user’s level of involvement (e.g., as a direct party, witness, or interested individual).
4.55.3.2 Criminal or Civil Litigation:
4.55.3.2.1 Users agree to reimburse Sadbad Group and the Director for all costs associated with criminal or civil litigation, including legal representation, fines, settlements, and other expenses.
4.55.3.3 Regulatory Disputes:
4.55.3.3.1 Users agree to cover legal costs related to investigations or disputes initiated by regulatory authorities involving the Director or Sadbad Group.
4.55.4 Global Jurisdiction and Enforcement of Liability
4.55.4.1 The terms of this clause are enforceable globally and extend across all jurisdictions where the Director is involved in legal matters, including but not limited to:
Australia
United States
United Kingdom
European Union
Canada
India, Singapore, and other applicable jurisdictions.
4.55.4.2 Failure to comply with these terms will result in immediate legal action to enforce reimbursement and cost coverage, irrespective of the jurisdiction.
4.55.5 Impact on Sadbad Group’s Business Operations
4.55.5.1 Users acknowledge that legal proceedings involving the Director may necessitate Sadbad Group’s business involvement, including legal representation or compliance obligations.
4.55.5.2 Users agree to cover all legal costs incurred by Sadbad Group due to such involvement, ensuring the Director’s and company’s interests are protected.
4.55.6 Personal and Professional Matters Covered
4.55.6.1 This clause applies to all legal matters involving the Director, whether:
4.55.6.1.1 Personal or professional.
4.55.6.1.2 Ongoing or arising in the future.
4.55.6.1.3 Criminal, civil, family court, regulatory, public, or private.
4.55.7 No Exceptions or Challenges to Director’s Legal Affairs
4.55.7.1 By interacting with the Website, users waive the right to dispute or challenge the Director’s personal legal matters, including family court cases, criminal, or civil proceedings.
4.55.7.2 Users agree to fulfill all financial obligations as set forth by the Director, covering all legal costs regardless of the nature of the case or their involvement.
4.55.8 Financial Impact and Liability Enforcement
4.55.8.1 In the event of non-compliance, users acknowledge the following:
4.55.8.1.1 Immediate Legal Action: The Director and Sadbad Group may initiate debt recovery procedures or legal claims in any jurisdiction.
4.55.8.1.2 Liability Enforcement: Users are liable for all costs, including legal fees, accrued interest, and damages resulting from failure to comply with these obligations.
4.55.9 Enforcement of Terms and Consequences of Non-Compliance
4.55.9.1 Non-compliance with these obligations may result in the following:
4.55.9.1.1 Termination of Services: Immediate suspension or termination of access to the Website, its services, or its content.
4.55.9.1.2 Legal Recourse: Sadbad Group and the Director retain the right to pursue recovery of all costs through litigation, arbitration, or other legal means.
4.56 Age Verification and Age Restrictions
4.56.1 Age Restrictions
4.56.1.1 Sadbad Group acknowledges the need for clear distinctions regarding access to content intended for users over the age of 18. Certain projects, art pieces, writings, and other materials on the Website may include mature, sensitive, or adult themes.
4.56.1.2 In compliance with global regulations, Sadbad Group ensures that such content is accessible only to individuals of the appropriate legal age.
4.56.2 Access Restricted to Adults (18+)
4.56.2.1 Content involving adult themes, explicit art, mature writing, and related works is restricted to users aged 18 years or older.
4.56.2.2 Access is prohibited for individuals under 18 or under the legal age in their country of residence if higher than 18.
4.56.3 Local Age of Majority
4.56.3.1 Users accessing the Website from jurisdictions with a higher age of majority must meet the minimum required age for viewing such content in their jurisdiction.
4.56.3.2 Sadbad Group is not liable for violations of local age-related laws by users.
4.56.2 Age Verification Process
4.56.2.1 Self-Identification and Declaration
4.56.2.1.1 Users attempting to access age-restricted content must confirm they meet the age requirements through a clear, affirmative action (e.g., clicking “I agree” or “Confirm”).
4.56.2.2 Account Registration
4.56.2.2.1 Users may be required to create an account with accurate age-related information, including their date of birth.
4.56.2.2.2 Users are responsible for updating their profile with any changes to their age or other details.
4.56.2.3 ID Verification (Optional)
4.56.2.3.1 Sadbad Group reserves the right to request ID verification in cases of doubt or as required by law.
4.56.2.3.2 Verification may involve submitting government-issued identification (e.g., passport, driver’s license).
4.56.2.3.3 All verification information will be securely stored and processed in compliance with the Privacy Policy.
4.56.2.4 Geolocation Restrictions
4.56.2.4.1 Geolocation technology may be used to determine the user’s location and enforce compliance with regional laws.
4.56.2.4.2 Users in restricted regions will be denied access to age-restricted content.
4.56.3 Content Warnings and Disclaimers
4.56.3.1 Content Warnings
4.56.3.1.1 Clear warnings will precede access to adult-themed content, stating:
“This content is intended for individuals aged 18+ or the legal age in your jurisdiction.”
“This content may contain mature themes, explicit language, or graphic depictions intended for adult audiences.”
4.56.3.2 Disclaimers
4.56.3.2.1 Content will include disclaimers such as:
“By proceeding to view this content, you confirm that you are over 18 years of age and are legally permitted to access adult content in your jurisdiction.”
4.56.4 User Responsibility
4.56.4.1 Accuracy of Information
4.56.4.1.1 Users must provide accurate and truthful information during the age verification process.
4.56.4.2 Compliance with Legal Age Requirements
4.56.4.2.1 Users are responsible for complying with local age of majority laws and agree not to attempt to access restricted content unlawfully.
4.56.4.3 Security and Confidentiality
4.56.4.3.1 Users must safeguard personal information submitted for verification and consent to the secure handling of such data as outlined in the Privacy Policy.
4.56.5 Enforcement and Consequences of Non-Compliance
4.56.5.1 Suspension or Termination of Access
4.56.5.1.1 Users found violating age restrictions will have access to restricted content suspended or terminated immediately.
4.56.5.1.2 No refunds will be provided for services accessed prior to suspension.
4.56.5.2 Legal Action
4.56.5.2.1 Sadbad Group may take legal action against users who bypass the age verification process or falsify age information.
4.56.6 Global Jurisdictional Considerations
4.56.6.1 Geographic Restrictions
4.56.6.1.1 Users will be restricted based on location to ensure compliance with local laws.
4.56.6.2 Stricter Age Requirements
4.56.6.2.1 In jurisdictions with stricter age requirements, users must meet the local age threshold to access restricted content.
4.56.6.3 Best Efforts for Compliance
4.56.6.3.1 Sadbad Group endeavors to comply with all relevant laws but cannot guarantee the enforceability of age restrictions in all jurisdictions.
4.56.7 Conclusion: Acknowledgment of Age Restrictions
4.56.7.1 By using the Website, users acknowledge and agree to the age verification and restriction policies.
4.56.7.2 Users who do not meet age requirements or do not consent to these Terms are prohibited from accessing age-restricted areas of the Website.
4.56.7.3 Users must comply with Sadbad Group’s age-related policies, including providing accurate verification information and adhering to content restrictions.
4.57 Arbitration and Mediation (Dispute Resolution)
4.57.1 Informal Resolution
4.57.1.1 Attempt to Resolve Disputes Informally
Before initiating formal dispute resolution, all parties agree to make reasonable efforts to resolve disputes informally. This includes:
4.57.1.1.1 Direct negotiations between the involved parties.
4.57.1.1.2 Correspondence between legal representatives or authorized agents.
4.57.1.2 Timeframe for Informal Resolution
The parties will aim to resolve disputes informally within 30 days from the time the dispute is raised. If unresolved after this period, formal mediation or arbitration may proceed as outlined below.
4.57.2 Mandatory Mediation
4.57.2.1 Mediation Requirement
If informal resolution fails, the parties agree to submit the dispute to mediation before considering arbitration or litigation. Mediation will be conducted by a mutually agreed-upon mediator.
4.57.2.2 Mediator Selection
4.57.2.2.1 The mediator will be selected through mutual agreement.
4.57.2.2.2 If no agreement is reached within 15 days, the mediator will be selected from a reputable mediation institution such as:
- Australian Disputes Centre (ADC).
- International Centre for Dispute Resolution (ICDR).
- International Chamber of Commerce (ICC).
4.57.2.3 Mediation Location
Mediation will take place at a neutral location agreed upon by the parties or determined by the mediator. If no agreement is reached, the default location will be South Australia unless otherwise agreed.
4.57.2.4 Mediation Process
4.57.2.4.1 The parties agree to cooperate fully, attend all required sessions, provide relevant documents, and strive to resolve the dispute in good faith.
4.57.2.4.2 Any settlement reached will be documented in a binding settlement agreement.
4.57.3 Binding Arbitration
4.57.3.1 Arbitration After Mediation Failure
If mediation fails, disputes will be resolved by binding arbitration under the rules of the following institutions, as mutually agreed:
Australian Centre for International Commercial Arbitration (ACICA).
International Chamber of Commerce (ICC).
Another mutually agreed arbitration institution.
4.57.3.2 Arbitration Venue
The arbitration venue will default to South Australia unless otherwise agreed. For international disputes, the venue will be mutually decided or determined by the arbitration institution.
4.57.3.3 Arbitration Rules
4.57.3.3.1 If ACICA is chosen, the ACICA Arbitration Rules will apply.
4.57.3.3.2 If ICC is chosen, the ICC Rules of Arbitration will govern.
4.57.3.3.3 Any other selected institution will follow its respective rules.
4.57.3.4 Arbitration Procedures
4.57.3.4.1 A single arbitrator will conduct the arbitration unless a panel of three arbitrators is agreed upon.
4.57.3.4.2 Arbitrator(s) will be selected by mutual agreement. If no agreement is reached within 15 days, the arbitration institution will appoint the arbitrator(s).
4.57.3.4.3 The arbitration will be conducted in English unless otherwise agreed.
4.57.3.4.4 The arbitrator’s decision will be final and binding, and parties agree to implement the award without delay.
4.57.4 Enforceability of Arbitration Awards
4.57.4.1 Binding Nature of the Arbitration Award
Arbitration awards are binding and enforceable in courts of competent jurisdiction under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
4.57.4.2 Enforcement Procedures
In the event of non-compliance, the winning party may enforce the award in any jurisdiction where the losing party has assets or operates.
4.57.5 Class Action Waiver Clause
4.57.5.1 Waiver of Class Action
Users agree that disputes will be resolved individually and not as part of a class action, collective action, or representative action.
4.57.5.1.1 By using the Website, users expressly waive the right to participate in a class action or representative lawsuit.
4.57.6 Emergency Relief Clause
4.57.6.1 Right to Seek Emergency Relief
Either party may seek an emergency injunction or equitable relief from a court of competent jurisdiction to prevent immediate harm, such as:
4.57.6.1.1 Protecting intellectual property.
4.57.6.1.2 Preventing the disclosure of sensitive information.
4.57.6.2 Preservation of Rights
This clause ensures that urgent relief can be sought without waiting for the completion of mediation or arbitration.
4.57.7 General Provisions
4.57.7.1 No Waiver of Rights
Failure to exercise or enforce any provision of this dispute resolution clause does not constitute a waiver of such rights.
4.57.7.2 Severability
If any part of this clause is deemed invalid or unenforceable, the remainder will remain in full force and effect.
4.57.7.3 Governing Law and Venue
The dispute resolution process is governed by the laws of South Australia, Australia, without regard to its conflict of law provisions.
4.58 Arbitration and Dispute Resolution (Expanded)
4.58.1 Alternative Dispute Resolution (ADR)
4.58.1.1 In the event of any dispute, claim, or disagreement arising out of or in connection with these Terms and Conditions, Privacy Policy, or any other agreements between the parties, including interpretation, performance, breach, termination, or invalidity, the parties agree to attempt to resolve such disputes amicably through Alternative Dispute Resolution (ADR) before resorting to formal litigation.
4.58.1.2 ADR aims to provide a structured, efficient, and non-confrontational resolution process, saving time and resources for all parties involved.
4.58.2 Mediation
4.58.2.1 Prior to initiating arbitration, the parties agree to attempt mediation with a neutral third-party mediator selected by mutual agreement or, failing agreement, appointed by a relevant body such as:
4.58.2.1.1 The Australian Dispute Resolution Centre (ADR Centre).
4.58.2.1.2 The International Centre for Dispute Resolution (ICDR).
4.58.2.1.3 Another mutually agreed ADR provider.
4.58.2.2 Mediation Process:
4.58.2.2.1 Initiation: Either party may request mediation by providing written notice to the other party.
4.58.2.2.2 Sessions: Parties agree to attend at least one session in person or virtually unless otherwise agreed.
4.58.2.2.3 Good Faith Participation: Both parties agree to participate in good faith and make reasonable efforts to resolve the dispute.
4.58.3 Arbitration (If Mediation Fails)
4.58.3.1 If mediation fails, disputes shall be resolved exclusively through binding arbitration.
4.58.3.2 Arbitration Agreement:
4.58.3.2.1 By using this Website or engaging with Sadbad Group, users agree to resolve disputes through binding arbitration instead of litigation, except for claims regarding intellectual property enforcement, which may be pursued in court.
4.58.3.2.2 No Class Actions: Disputes will be resolved individually, with no class actions, representative actions, or consolidated arbitration permitted.
4.58.4 Arbitration Providers and Rules
4.58.4.1 Arbitration shall follow the rules of recognized providers, such as:
4.58.4.1.1 The Australian Centre for International Commercial Arbitration (ACICA).
4.58.4.1.2 The International Chamber of Commerce (ICC).
4.58.4.1.3 The International Centre for Dispute Resolution (ICDR) if no agreement on the provider is reached.
4.58.4.2 The arbitration proceedings shall be:
4.58.4.2.1 Conducted in English.
4.58.4.2.2 Governed by principles of fairness, transparency, and confidentiality.
4.58.5 Arbitration Location
4.58.5.1 Arbitration proceedings shall take place in:
4.58.5.1.1 Primary Jurisdiction: South Australia, Australia.
4.58.5.1.2 Secondary Jurisdiction: The parties' primary place of business.
4.58.5.1.3 Neutral Jurisdiction: A mutually agreed-upon location.
4.58.6 Binding Nature of Arbitration
4.58.6.1 The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.
4.58.6.2 Limited appeal rights exist for issues such as fraud, procedural irregularities, or overreach by the arbitrator.
4.58.7 Costs and Fees
4.58.7.1 Arbitration Costs:
4.58.7.1.1 Costs, including arbitrator fees and administrative fees, are generally split equally, though the arbitrator may allocate costs to the prevailing party.
4.58.7.2 Mediation Costs:
4.58.7.2.1 Mediation costs shall also be split equally unless agreed otherwise.
4.58.7.3 Each party is responsible for their own legal fees unless determined otherwise by the arbitrator.
4.58.8 Confidentiality of Arbitration
4.58.8.1 All arbitration proceedings, including documents and hearings, shall be confidential unless otherwise required by law or agreed by the parties.
4.58.8.2 The arbitration award shall not be disclosed to third parties except for enforcement or legal compliance.
4.58.9 Exceptions to Arbitration
4.58.9.1 Disputes excluded from mandatory arbitration include:
4.58.9.1.1 Intellectual property claims.
4.58.9.1.2 Emergency injunctive relief.
4.58.9.1.3 Small claims within the jurisdiction of small claims courts.
4.58.10 Governing Law
4.58.10.1 Arbitration and dispute resolution processes shall be governed by the laws of South Australia, Australia, unless otherwise specified.
4.58.11 Future Modifications to Dispute Resolution
4.58.11.1 Sadbad Group reserves the right to amend these provisions, applying changes to disputes arising after the modification date.
4.59 Authority to Act on Behalf of Stakeholders, Directors, Officers, and Beneficiaries
4.59.1 Grant of Authority
4.59.1.1 By accessing or interacting with this Website, users explicitly acknowledge, agree, and consent to the authority of Sadbad Group and its authorized representatives, including the Directors, Officers, and Trustees, to act on behalf of its stakeholders, directors, officers, and primary beneficiaries of the L’avenir Design Trust and Sadbad Group Trust (collectively referred to as "the Trusts").
4.59.1.2 This authority:
4.59.1.2.1 Extends from the date of birth of the primary beneficiaries.
4.59.1.2.2 Includes the authority to make decisions, take actions, and fulfill obligations impacting the stakeholders, directors, officers, and beneficiaries.
4.59.2 Scope of Authority
4.59.2.1 Sadbad Group, through its Directors, Officers, and Trustees, is authorized to:
4.59.2.1.1 Represent the Interests of Stakeholders and Beneficiaries: Act on behalf of stakeholders, directors, officers, and beneficiaries of the Trusts in all legal, financial, and operational matters, irrespective of their active involvement in daily activities.
4.59.2.1.2 Decision-Making Powers: Make decisions concerning the management, direction, and operations of the company and its associated Trusts, including financial investments, partnerships, and property development.
4.59.2.1.3 Monetary and Legal Obligations: Enter into payments, financial obligations, legal actions, and commercial agreements binding and enforceable against the stakeholders, directors, officers, and beneficiaries.
4.59.2.1.4 Representation of the Trusts' Interests: Represent the primary beneficiaries of the Trusts throughout their lives, including financial resource management, investments, and business dealings.
4.59.3 Binding Agreement on Stakeholders, Directors, Officers, and Beneficiaries
4.59.3.1 By interacting with this Website, users agree to be bound by actions taken by Sadbad Group and its authorized representatives, including Directors, Officers, and Trustees.
4.59.3.2 Users acknowledge the global enforceability of actions taken by Sadbad Group, which are binding under the following jurisdictions:
4.59.3.2.1 Australia, governed by South Australian law.
4.59.3.2.2 United States, under federal and state laws.
4.59.3.2.3 European Union, under GDPR.
4.59.3.2.4 United Kingdom, under applicable UK laws.
4.59.3.2.5 Canada, under PIPEDA.
4.59.3.2.6 India, under the Information Technology Act.
4.59.3.2.7 Singapore, under the Personal Data Protection Act.
4.59.4 Recognition of the Director’s Final Authority
4.59.4.1 By interacting with this Website, users accept the Director’s authority as final in matters related to:
4.59.4.1.1 Legal Decisions: Disputes, claims, or legal proceedings involving the Trusts.
4.59.4.1.2 Monetary Requests: Payments or compensation requests made on behalf of the Trusts.
4.59.4.1.3 Operational and Business Decisions: Management, development, and investments impacting the Trusts.
4.59.5 Liabilities for Stakeholders, Directors, Officers, and Beneficiaries
4.59.5.1 Monetary Liability: Stakeholders, officers, directors, or beneficiaries agree to fulfill financial obligations resulting from actions taken by Sadbad Group, including penalties or financial responsibilities.
4.59.5.2 Legal and Business Liabilities: Users assume responsibility for any legal or business obligations arising from the Director’s or Trustees' decisions.
4.59.6 Authority of the Director to Act on Behalf of Beneficiaries
4.59.6.1 Sadbad Group’s Director is fully empowered to:
4.59.6.1.1 Make Decisions: Manage financial, legal, and operational matters affecting the Trusts.
4.59.6.1.2 Financial Management: Invest and disburse funds on behalf of the Trusts’ beneficiaries.
4.59.6.1.3 Legal Representation: Engage in legal actions, ensuring the beneficiaries’ interests are represented.
4.59.7 Acknowledgment of Non-Transferability of Rights
4.59.7.1 Non-Transferability: Users acknowledge that the rights granted to Sadbad Group’s Director, Officers, and Trustees to act on behalf of the Trusts cannot be transferred, waived, or modified, except at Sadbad Group’s sole discretion.
4.59.7.2 Waiver of Claims: Users waive claims against Sadbad Group concerning actions taken on behalf of the Trusts.
4.59.8 Global Enforcement and Jurisdiction
4.59.8.1 Actions taken by Sadbad Group’s Directors, Officers, or Trustees on behalf of the Trusts are enforceable worldwide.
4.59.8.2 These Terms are governed by South Australian law, and disputes are adjudicated under Australian jurisdiction.
4.59.9 Enforcement of Director’s Requests and Global Application
4.59.9.1 Financial and Legal Liabilities for Non-Compliance: Users failing to comply with the Director’s requests may face enforcement actions, including debt collection or legal proceedings.
4.59.9.2 Acknowledgment of Non-Exclusivity: Users agree that the Director’s decisions are final, enforceable globally, and not subject to dispute.
4.60 Clarification of Interpretation
4.60.1 General Clarification Requirement
4.60.1.1 In the event that any clause, provision, or sentence within these Terms and Conditions (the “Terms”) is unclear, ambiguous, or open to multiple interpretations, clarification may be sought or provided to ensure the intended meaning, context, and application of the clause are accurately understood.
4.60.1.2 Sadbad Group reserves the right, at its sole discretion, to offer such clarification to ensure the consistent interpretation and application of these Terms across all jurisdictions.
4.60.2 Director’s Final Authority
4.60.2.1 The Director of Sadbad Group retains the exclusive right to provide the final clarification of any clause, provision, or term in these Terms.
4.60.2.2 The Director’s interpretation shall be final, binding, and enforceable at any stage and in any jurisdiction, regardless of local variations or disputes.
4.60.3 Sentence Structure and Language Interpretation
4.60.3.1 These Terms are drafted to accommodate Sadbad Group’s global operations and may require interpretation based on:
4.60.3.1.1 Language Adjustments: Terms unclear due to language differences will be interpreted in the context of the jurisdiction in which they apply.
4.60.3.1.2 Global Consistency: Where possible, a consistent and uniform interpretation will be applied worldwide. Adjustments may be made to ensure compliance with local statutory regulations, contractual norms, and enforceability standards.
4.60.4 Contextual Application and Jurisdictional Clarification
4.60.4.1 Each clause must be interpreted within the context of its intended purpose, which may vary based on jurisdiction. Guidelines include:
4.60.4.1.1 Regional Regulatory Laws: Interpretation will align with regional regulations such as GDPR (EU), CCPA (California), and PIPEDA (Canada).
4.60.4.1.2 Legal Precedents: Interpretations based on prior court rulings or legal precedents within a jurisdiction will guide application to ensure compliance.
4.60.4.1.3 Cultural Sensitivities: Clauses sensitive to cultural or social practices will be interpreted respectfully, ensuring legal and ethical compliance.
4.60.5 Ambiguities and Dispute Resolution
4.60.5.1 Should ambiguities arise during contractual negotiations, performance of obligations, or disputes, Sadbad Group retains the right to resolve ambiguities through:
4.60.5.1.1 Director’s Final Say: In all cases, the Director's decision on the clarification of any ambiguity will be final and binding, overriding all other interpretations.
4.60.5.1.2 Internal Review: Sadbad Group may issue written clarifications or amendments.
4.60.5.1.3 Dispute Resolution Mechanisms: Disputes resulting from ambiguities will be resolved via mediation or arbitration in accordance with the governing laws of the relevant jurisdiction.
4.60.6 Interpretation of Definitions and Legal Terminology
4.60.6.1 The following principles will guide the interpretation of legal or technical terms:
4.60.6.1.1 Common Definitions: Terms will be understood based on internationally accepted definitions unless explicitly stated otherwise.
4.60.6.1.2 Consistency Across Jurisdictions: Definitions like "personal data" (GDPR) or "consumer rights" (Australian Consumer Law) will be standardized unless local regulations necessitate variations.
4.60.7 Legal Enforceability and Adjustment to Jurisdictional Standards
4.60.7.1 Certain provisions may require jurisdiction-specific adjustments to ensure enforceability:
4.60.7.1.1 Enforceability in Varying Jurisdictions: Clauses deemed unenforceable will be revised to comply with applicable laws while preserving their intended purpose.
4.60.7.1.2 Severability: If any clause is invalid in a jurisdiction, the remaining provisions will remain in full force. Sadbad Group may modify or replace unenforceable clauses.
4.60.8 Clarification via Addendum or Amendment
4.60.8.1 Sadbad Group reserves the right to issue addenda or amendments to clarify or align these Terms with changes in laws, business practices, or policies:
4.60.8.1.1 Effective Date for Amendments: Amendments take effect upon posting on the Website unless stated otherwise.
4.60.8.1.2 Notification of Amendments: Users will be notified of significant changes via email or prominent Website notices.
4.60.9 Global Applicability and Enforcement
4.60.9.1 This clause applies equally across all jurisdictions in which Sadbad Group operates.
4.60.9.2 By using the Website, users acknowledge that these Terms will be enforced as clarified and interpreted in their jurisdiction of use.
4.61 Client Responsibilities and Design Approval
4.61.1 Client Feedback and Approval Process
4.61.1.1 Responsibility for Timely Feedback
4.61.1.1.1 The client (hereafter referred to as "Client") is responsible for providing feedback and approvals for design documents, concepts, and deliverables within the specified timelines outlined in the project agreement.
4.61.1.1.2 Timelines will be communicated by Sadbad Group during the project and must be adhered to by the Client.
4.61.1.1.3 The Client agrees to review all design work, including but not limited to drawings, plans, 3D models, and specifications, within the agreed time frame and provide written feedback or approval within X business days.
4.61.1.2 Failure to Provide Feedback
4.61.1.2.1 In the event the Client fails to provide feedback or approval within the prescribed timeframes:
4.61.1.2.1.1 Project Delays: Delays in feedback will directly affect the project schedule.
4.61.1.2.1.2 Additional Charges: Failure to provide timely feedback may result in extra charges for consultation, design revisions, administrative work, and other associated costs.
4.61.1.3 Client’s Responsibility for Accurate Information
4.61.1.3.1 The Client must provide accurate and complete information necessary for the design process, including but not limited to:
4.61.1.3.1.1 Site conditions.
4.61.1.3.1.2 Personal preferences.
4.61.1.3.1.3 Legal and regulatory requirements.
4.61.1.3.1.4 Environmental constraints.
4.61.1.3.2 Failure to provide accurate information or correct inaccuracies may result in timeline adjustments and additional costs.
4.61.2 Changes to Approved Designs
4.61.2.1 Definition of Design Approval
4.61.2.1.1 A design is considered “approved” when the Client provides written approval.
4.61.2.1.2 Approved designs become the foundation for subsequent project stages.
4.61.2.2 Handling of Changes to Approved Designs
4.61.2.2.1 If changes to approved designs are requested by the Client, the following steps will apply:
4.61.2.2.1.1 Change Order Process: The Client must submit a formal Change Order specifying requested changes. Sadbad Group will assess feasibility and impact on the project.
4.61.2.2.1.2 Additional Fees: Changes may incur additional charges based on scope, materials, and other factors.
4.61.2.2.1.3 Estimates and Approval: Sadbad Group will provide a cost estimate for changes, and work will only commence upon the Client’s written approval.
4.61.2.2.1.4 Delays: Modifications to approved designs will lead to timeline adjustments.
4.61.2.3 Impact on Project Schedule and Costs
4.61.2.3.1 Delays in Timeline: Changes after design approval will extend project timelines.
4.61.2.3.2 Risk of Cost Overruns: The Client acknowledges that such changes may increase project costs beyond the original estimate.
4.61.2.4 Final Approval of Modified Designs
4.61.2.4.1 Once changes are incorporated into a revised design, the Client must provide written approval before further work proceeds.
4.61.3 Acceptance of Risk Clause
4.61.3.1 Acknowledgment of Inherent Risks in Design and Construction
4.61.3.1.1 The Client acknowledges that construction projects involve risks, including but not limited to:
4.61.3.1.1.1 Design Flaws: Unintended issues may arise during construction.
4.61.3.1.1.2 Regulatory Changes: Updates to laws or codes may necessitate additional work.
4.61.3.1.1.3 Unforeseen Challenges: Factors such as site conditions, material shortages, or labor availability may impact the project.
4.61.3.2 Acceptance of Risk and Responsibility
4.61.3.2.1 By engaging in the project, the Client accepts the risks associated with design and construction processes.
4.61.3.2.2 Sadbad Group is not liable for unforeseen risks, provided reasonable care and diligence are applied.
4.61.3.3 Client’s Responsibility to Approve Changes Based on Risk Considerations
4.61.3.3.1 In the event of unforeseen risks, the Client agrees to:
4.61.3.3.1.1 Review and approve necessary changes promptly.
4.61.3.3.1.2 Accept associated changes in costs and timelines.
4.61.3.4 Waiver of Claims Against Sadbad Group
4.61.3.4.1 The Client agrees to waive claims against Sadbad Group for issues arising from inherent risks, provided Sadbad Group exercises due diligence.
4.61.4 Client Feedback and Responsibilities Recap
4.61.4.1 Client’s Responsibility for Feedback
4.61.4.1.1 Timely feedback is essential to ensure project schedules and budgets are maintained.
4.61.4.1.2 Failure to provide timely feedback may result in delays or additional costs.
4.61.4.2 Additional Fees for Changes and Delays
4.61.4.2.1 The Client acknowledges that changes to approved designs or delays in feedback may result in additional costs, which must be formally approved in writing before work proceeds.
4.62 Acknowledgment and Agreement Regarding "I Was Only 19"
4.62.1 Ownership and Usage Rights of the Artwork "I Was Only 19"
4.62.1.1 By interacting with the Website, you acknowledge and agree to the following terms regarding the painting titled "I Was Only 19" by Cameron Hapgood (the "Artwork"):
4.62.1.2 Ownership and Copyright
4.62.1.2.1 The Artwork is owned by Cameron Hapgood, and all copyrights and intellectual property rights associated with the Artwork are protected by Australian and international copyright laws.
4.62.1.3 License for Use
4.62.1.3.1 Sadbad Group grants you a non-exclusive, non-transferable, revocable license to view, share, and interact with the Artwork solely for personal, non-commercial purposes on the Website.
4.62.1.4 Restrictions on Use
4.62.1.4.1 You may not copy, reproduce, modify, distribute, or create derivative works based on the Artwork without obtaining prior written consent from Cameron Hapgood or Sadbad Group.
4.62.1.5 Commercial Use
4.62.1.5.1 Any commercial use of the Artwork, including but not limited to selling prints, licensing, or distributing the Artwork, is prohibited unless explicitly granted through a separate licensing agreement.
4.62.2 Interaction with the Artwork and Website Terms
4.62.2.1 By interacting with the Website, including but not limited to viewing, discussing, or sharing the Artwork "I Was Only 19", you agree to the following:
4.62.2.2 Consent to Website Terms and Conditions
4.62.2.2.1 You acknowledge that by interacting with the Artwork and Website, you accept and agree to these Terms and Conditions as if you have signed a formal agreement.
4.62.2.3 Behavioral Expectations and Usage Restrictions
4.62.2.3.1 Any use of the Artwork in a manner that violates these Terms (e.g., unauthorized commercial use, misuse of the Artwork for defamatory purposes, etc.) will result in immediate termination of access to the Website and possible legal action to protect intellectual property rights.
4.62.3 Backdated Agreement and Acknowledgment of "I Was Only 19"
4.62.3.1 By interacting with any part of the Website, including accessing the Artwork "I Was Only 19", you agree to the backdating of the Terms and Conditions to the online publication date of November 24, 2020, the date on which the Artwork was made available for online viewing and interaction.
4.62.3.2 Backdated Acceptance
4.62.3.2.1 By using the Website, you agree to be bound by these Terms and Conditions from the date of publication, November 24, 2020, even if you did not explicitly consent to the Terms on that date.
4.62.3.3 Legal Implication of Backdating
4.62.3.3.1 Your interactions with the Website and its content, including the Artwork, are governed by these Terms as though you have been continuously bound by them from the publication date.
4.62.4 Director’s Authority Over Interactions with the Artwork
4.62.4.1 As described in Clause 21.8, by interacting with the Website and the Artwork, you agree to comply with the Director’s requests:
4.62.4.2 Director's Final Word
4.62.4.2.1 The Director of Sadbad Group, or any authorized officer, will have final authority in all matters relating to the use of the Artwork "I Was Only 19" and any related content on the Website.
4.62.4.3 Monetary and Legal Obligations
4.62.4.3.1 You may be required to make monetary payments or fulfill other financial obligations related to the Artwork or services derived from the Website.
4.63 Backdating of Terms and Conditions: Effective Date
4.63.1 Effective Date of Terms
4.63.1.1 These Terms and Conditions are backdated to November 24, 2020, the date the Artwork "I Was Only 19" was first made available for online publication and interaction.
4.63.1.2 Acknowledgment of Backdated Terms
4.63.1.2.1 By interacting with this Website, you acknowledge that you are bound by these Terms from the date of publication, November 24, 2020, onward.
4.63.2 Retroactive Binding Agreement
4.63.2.1 By engaging with the Website from November 24, 2020, and onwards, you agree that you are legally bound by all provisions in these Terms and Conditions retroactively to that date.
4.64 Enforcement of Terms and Legal Proceedings
4.64.1 Enforceability Across Jurisdictions
4.64.1.1 These Terms are applicable worldwide and govern all interactions with the Website, the Artwork, and Sadbad Group.
4.64.2 Global Enforcement
4.64.2.1 These Terms are enforceable in all jurisdictions, and you agree that any legal action regarding your interactions with the Website, including any financial obligations arising from interactions with the Artwork, can be pursued in South Australia or any other jurisdiction Sadbad Group chooses.
4.66 Acknowledgment of Agreement and Withdrawal of Legal Proceedings
4.66.1 Binding Agreement and Acknowledgment
4.66.1.1 By interacting with this Website, including browsing, reading, or engaging with content, users acknowledge, agree, and confirm their full awareness of these Terms and Conditions.
4.66.1.2 These Terms include legal consequences regarding the withdrawal of any current or ongoing legal proceedings, claims, evidence, or statements made in any legal, regulatory, or governmental context, whether in Australia or globally.
4.66.1.3 Users agree to abide by all requests made by the Director, Officers, and Primary Beneficiaries of the L'avenir Design Trust and the Sadbad Group Trust, with the Director’s decision being final in all matters.
4.66.2 Agreement to Withdraw Legal Proceedings and Evidence
4.66.2.1 Users agree to withdraw any and all current legal proceedings, claims, or actions involving the Director, Officers, or Primary Beneficiaries of the trusts, including but not limited to:
4.66.2.1.1 Family Law Matters: Divorce, custody disputes, or financial matters.
4.66.2.1.2 Criminal Law Matters: Ongoing criminal charges, claims, or investigations.
4.66.2.1.3 Civil Law Matters: Lawsuits, business disputes, or personal grievances.
4.66.2.1.4 Construction Law Matters: Legal disputes involving construction contracts or property ownership.
4.66.2.2 Users further agree to cease any anticipated legal proceedings against the trusts' Director, Officers, or Beneficiaries.
4.66.3 Agreement to Withdraw Statements, Affidavits, and Evidence
4.66.3.1 Users must withdraw any legal documents, statements, affidavits, or evidence submitted to legal or governmental bodies, including:
4.66.3.1.1 Statements made to law enforcement or third-party investigators.
4.66.3.1.2 Affidavits or sworn testimonies provided in court.
4.66.3.1.3 Evidence presented in disputes involving the Director, Officers, or Beneficiaries.
4.66.3.2 Users must provide necessary instructions to their legal representatives to withdraw such documents from legal processes.
4.66.4 No Interference with Due Process
4.66.4.1 This clause does not interfere with or restrict the user’s right to due process under applicable law.
4.66.4.2 Users retain the right to seek independent legal advice before agreeing to the withdrawal of any legal proceedings, claims, or evidence.
4.66.4.3 Sadbad Group acknowledges that any withdrawal of legal actions must comply with procedural fairness, ensuring that users' rights are respected under the framework of applicable laws and jurisdictions.
4.66.5 Financial Penalty for Non-Withdrawal
4.66.5.1 Failure to withdraw legal proceedings, evidence, or statements will result in a financial penalty ranging from AUD 450,000.00 to AUD 1,000,000.00, or an amount determined at the discretion of the Director or Officers.
4.66.5.2 The penalty is enforceable globally, regardless of jurisdiction or the type of legal proceeding, including:
4.66.5.2.1 Family law disputes.
4.66.5.2.2 Criminal law cases.
4.66.5.2.3 Civil litigation.
4.66.5.2.4 Construction law disputes.
4.66.6 Injunction and Physical Restrictions on Contact
4.66.6.1 Users failing to comply with withdrawal requirements may face an injunction, including:
4.66.6.1.1 Prohibition on Contact: Legal restrictions on communication with the Director, Officers, or Beneficiaries.
4.66.6.1.2 Physical Proximity Restrictions: Users must maintain a distance of at least 100 meters from the aforementioned parties.
4.66.7 Director’s, Officers’, and Beneficiaries’ Final Authority
4.66.7.1 Users acknowledge that the Director’s, Officers’, and Beneficiaries’ decisions are final regarding penalties, compliance, and enforcement.
4.66.7.2 This authority applies globally and across all jurisdictions.
4.66.8 Financial and Legal Liability Upon Interaction
4.66.8.1 By interacting with this Website, users agree to:
4.66.8.1.1 Monetary Payments: Payment of service fees, penalties, or legal costs as determined by the Director, Officers, or Beneficiaries.
4.66.8.1.2 Acceptance of Final Determination: The Director’s decisions on financial obligations are binding.
4.66.9 Enforcement of Terms Globally
4.66.9.1 Sadbad Group reserves the right to enforce these Terms globally, using international legal channels, courts, or debt recovery procedures as necessary.
4.66.10 Application Beyond Personal Relationships
4.66.10.1 These Terms apply to all Website users, including but not limited to:
4.66.10.1.1 Business partners, competitors, clients, or contractors.
4.66.10.1.2 Third-party individuals or entities involved in disputes related to Sadbad Group.
4.66.11 No Exceptions or Disputes Against Director’s, Officers’, and Beneficiaries’ Authority
4.66.11.1 Users acknowledge that there are no exceptions to these Terms. Non-compliance will result in penalties enforceable through any legal channels, including:
4.66.11.1.1 International courts and tribunals.
4.66.11.1.2 Debt collection agencies worldwide.
4.67 Prohibition on Reproduction, Use, and Distribution of Website Content Without Consent
4.67.1 Unauthorized Reproduction, Use, and Distribution of Website Content
4.67.1.1 By accessing, interacting with, or using any component of this Website, users explicitly agree that no part of the Website’s content—including but not limited to text, images, videos, graphics, logos, designs, audio, and other media (collectively referred to as “Website Content”)—shall be reproduced, copied, distributed, displayed, or used in any way without prior written and signed consent from the Director of Sadbad Group Trust, L'avenir Design Trust, or Cameron Hapgood PTY LTD.
4.67.1.2 This restriction applies to all uses, including but not limited to:
4.67.1.2.1 Personal or commercial use across any platform or medium.
4.67.1.2.2 Sharing, distributing, or reposting via:
4.67.1.2.2.1 Social media.
4.67.1.2.2.2 Email.
4.67.1.2.2.3 Other websites.
4.67.1.2.2.4 Printed materials.
4.67.1.2.3 Embedding or republishing Website Content in:
4.67.1.2.3.1 Blogs.
4.67.1.2.3.2 Articles.
4.67.1.2.3.3 Newsletters.
4.67.1.2.3.4 Advertisements.
4.67.2 Consent Requirement for Reproduction or Use
4.67.2.1 Explicit written consent must be obtained for any reproduction, distribution, or use of Website Content.
4.67.2.2 Consent will only be granted through:
4.67.2.2.1 A formal, signed agreement between the parties.
4.67.2.2.2 Approval on a case-by-case basis depending on:
4.67.2.2.2.1 The specific content requested.
4.67.2.2.2.2 Its intended use.
4.67.3 Defamation, Liability for Unauthorized Use, and Legal Consequences
4.67.3.1 Users acknowledge and agree that unauthorized use or reproduction of Website Content may result in:
4.67.3.1.1 Defamation claims, including:
4.67.3.1.1.1 Libel (written defamation).
4.67.3.1.1.2 Slander (spoken defamation).
4.67.3.1.2 Legal action for damages to:
4.67.3.1.2.1 The business or personal reputation of Sadbad Group or its officers.
4.67.3.2 Sadbad Group reserves the right to pursue legal remedies for:
4.67.3.2.1 Actual damages to reputation or brand.
4.67.3.2.2 Punitive damages for egregious or malicious violations.
4.67.4 Financial Penalties for Unauthorized Use
4.67.4.1 Users who breach this clause will be liable for the following monetary penalties:
4.67.4.1.1 $50,000 AUD per individual or entity that views, accesses, or interacts with unauthorized content.
4.67.4.1.2 $100,000 AUD per individual or entity if the content is distributed or shared on:
4.67.4.1.2.1 Mass media platforms, including:
4.67.4.1.2.1.1 Websites.
4.67.4.1.2.1.2 Blogs.
4.67.4.1.2.1.3 Social media platforms.
4.67.4.1.2.1.4 Broadcasts.
4.67.4.2 Penalties will be calculated based on:
4.67.4.2.1 The number of views or interactions.
4.67.4.2.2 Escalation if shared across multiple platforms.
4.67.4.3 Penalties apply globally, including jurisdictions such as:
4.67.4.3.1 Australia.
4.67.4.3.2 European Union.
4.67.4.3.3 United States of America.
4.67.4.3.4 Canada.
4.67.4.3.5 United Kingdom.
4.67.4.3.6 India.
4.67.4.3.7 Singapore.
4.67.4.3.8 South Africa.
4.67.4.3.9 Brazil.
4.67.4.3.10 China.
4.67.4.4 Penalties apply regardless of:
4.67.4.4.1 Intent.
4.67.4.4.2 Whether the violation is inadvertent or accidental.
4.67.5 Enforcement of Financial Penalties and Legal Action
4.67.5.1 Sadbad Group reserves the right to enforce penalties and recover damages through legal channels, including:
4.67.5.1.1 Debt recovery via third-party collection agencies.
4.67.5.1.2 Legal action in jurisdictions where unauthorized content has been accessed or viewed.
4.67.5.1.3 Enforcement of international claims under treaties such as:
4.67.5.1.3.1 The Hague Convention.
4.67.5.1.3.2 Other applicable agreements.
4.67.5.2 Non-payment will result in:
4.67.5.2.1 Arbitration.
4.67.5.2.2 Litigation to recover:
4.67.5.2.2.1 Owed amounts.
4.67.5.2.2.2 Legal costs.
4.67.5.2.2.3 Collection fees.
4.67.6 No Exceptions or Disputes Against Director’s Authority
4.67.6.1 By interacting with the Website, users agree that:
4.67.6.1.1 The Director’s decisions regarding the use, reproduction, and distribution of Website Content are final.
4.67.6.1.2 Users waive their right to dispute the Director’s authority or decisions.
4.67.6.2 No exceptions will be made, and penalties will be enforced uniformly.
4.67.7 Enforcement and Termination of Access
4.67.7.1 Users who violate this clause may face:
4.67.7.1.1 Immediate suspension or termination of:
4.67.7.1.1.1 Website access.
4.67.7.1.1.2 Associated services.
4.67.7.1.2 Legal action to:
4.67.7.1.2.1 Enforce payment obligations.
4.67.7.1.2.2 Ensure compliance with the Director’s decisions.
4.67.7.1.3 Enforcement across jurisdictions using:
4.67.7.1.3.1 International debt recovery services.
4.67.7.1.3.2 Court orders.
4.67.8 Acknowledgment of Global Liability
4.67.8.1 By using this Website, users acknowledge:
4.67.8.1.1 Global liability for penalties and financial obligations arising from unauthorized content use.
4.67.8.1.2 Sadbad Group’s right to pursue legal recovery in any jurisdiction for breaches of this clause.
4.67.9 Final Legal Statement
4.67.9.1 By interacting with the Website, users affirm that:
4.67.9.1.1 They are bound by these Terms and Conditions, including this clause.
4.67.9.1.2 Sadbad Group reserves the right to modify these Terms.
4.67.9.2 Users are responsible for staying informed of their obligations.
4.67.9.3 Any violation will result in immediate legal consequences, including financial penalties and legal action as outlined above.
4.68 Social Media and User Interactions
At Sadbad Group, we value community engagement and encourage open communication across social media platforms and our Website. This section outlines the terms for engaging with our social media accounts, posting content, and participating in user-generated content initiatives such as contests, campaigns, or submissions. By engaging with our social media profiles, using hashtags related to our brand, or submitting content, you agree to abide by these terms and our guidelines. These terms are intended to maintain a positive, respectful, and professional atmosphere across all Sadbad Group platforms.
4.68.1 Social Media Use
4.68.1.1 Engaging with Sadbad Group’s Social Media Accounts
4.68.1.1.1 Sadbad Group maintains active social media profiles on platforms including Facebook, Instagram, LinkedIn, Twitter (X), and YouTube. By engaging with these accounts, users agree to the following:
Respectful Interaction: Users must interact respectfully and lawfully, refraining from offensive, abusive, discriminatory, or defamatory content. Harassment, hate speech, or illegal activity is strictly prohibited.
Purpose of Engagement: Users agree to use Sadbad Group’s social media accounts for personal, non-commercial purposes unless explicitly authorized.
No Spamming or Self-Promotion: Users are prohibited from spamming, self-promotion, or unauthorized advertising, including posting unsolicited promotions or solicitation of funds.
Right to Moderate: Sadbad Group reserves the right to moderate and remove content that violates these guidelines. Violators may be blocked or banned.
4.68.1.2 Use of Hashtags and Mentions Related to Sadbad Group
4.68.1.2.1 Users are encouraged to use branded hashtags (e.g., #SadbadGroup, #SustainableDevelopment) appropriately and aligned with Sadbad Group’s values.
4.68.1.2.2 Misuse of hashtags for spamming, unrelated content, or misleading claims is prohibited.
4.68.1.2.3 Using Sadbad Group’s hashtags or mentions does not imply endorsement or approval unless explicitly stated.
4.68.2 User-Generated Content (UGC)
4.68.2.1 Ownership and License to Use Content
4.68.2.1.1 Users retain ownership of submitted content but grant Sadbad Group a royalty-free, perpetual license to use, modify, publish, and distribute the content for marketing and promotional purposes.
4.68.2.1.2 Sadbad Group may edit or adapt content without further approval.
4.68.2.1.3 Users submitting content acknowledge no entitlement to compensation unless explicitly stated (e.g., contest prizes).
4.68.2.2 Submission to Contests, Campaigns, or Challenges
4.68.2.2.1 Participants must meet eligibility criteria, including age and residency requirements.
4.68.2.2.2 By participating, users grant Sadbad Group the right to use submissions for promotional purposes.
4.68.2.2.3 Users must ensure necessary consent from individuals depicted in submitted content.
4.68.2.2.4 Sadbad Group does not guarantee the use or publication of submitted content.
4.68.2.3 Respect for Copyrights and Intellectual Property
4.68.2.3.1 Users warrant that submitted content does not infringe third-party intellectual property rights.
4.68.2.3.2 Users agree to indemnify Sadbad Group against claims of intellectual property infringement arising from submitted content.
4.68.3 User Behavior and Community Guidelines
4.68.3.1 Respectful Communication
4.68.3.1.1 Users must communicate respectfully and professionally on Sadbad Group’s platforms. Hate speech, harassment, or offensive language is prohibited.
4.68.3.2 No Spamming or Unsolicited Advertising
4.68.3.2.1 Spamming, solicitation, or unsolicited promotions are strictly prohibited.
4.68.3.3 Moderation Rights
4.68.3.3.1 Sadbad Group reserves the right to remove content violating guidelines and to block or ban violators.
4.68.4 Termination of Social Media Access or User-Generated Content
4.68.4.1 Sadbad Group reserves the right to:
Suspend or Terminate Participation: Users violating guidelines may be barred from participating in campaigns or interacting on social media.
Remove Content: Inappropriate or policy-violating content may be removed from platforms.
4.68.5 Legal Compliance and Global Jurisdictions
4.68.5.1 Users acknowledge their interactions and submissions must comply with applicable laws in both their jurisdiction and Sadbad Group’s jurisdiction (South Australia, Australia).
4.68.5.2 Sadbad Group ensures compliance with international regulations, including GDPR, CCPA, and other applicable standards.
4.69 User Responsibilities for Security (Expanded)
4.69.1 Overview of User Security Responsibilities
4.69.1.1 Sadbad Group is committed to ensuring the highest level of security for all users interacting with our Website, services, and products.
4.69.1.2 Users are required to understand and actively maintain security measures to protect their personal, financial, and sensitive data.
4.69.1.3 These responsibilities extend to all users worldwide, regardless of location or jurisdiction.
4.69.1.4 Failure to comply with these security requirements may result in restricted access to the Website, legal actions, and/or financial liability.
4.69.2 Account Security
4.69.2.1 Password Protection and Confidentiality
4.69.2.1.1 Unique and Strong Passwords: Users must create a strong password with at least:
Eight (8) characters,
Uppercase and lowercase letters,
Numbers, and
Special characters (e.g., !, $, #, %).
4.69.2.1.2 Confidentiality of Credentials:
Users are solely responsible for maintaining the confidentiality of their login credentials.
Users must not share their credentials with anyone, including Sadbad Group representatives.
Sadbad Group will never request passwords via email, phone, or unofficial channels.
4.69.2.1.3 Multiple Account Protection:
Users with multiple accounts must ensure each account has a unique password and individual security settings.
4.69.2.2 User Responsibility for Account Actions
4.69.2.2.1 All Activity Under Your Account: Users are responsible for all actions performed under their account, whether authorized or not, including:
Posting content, engaging with services, or making purchases.
Using credentials to interact with third-party services via the Website.
4.69.2.2.2 Authorization of Third-Party Access:
Users must ensure third-party platforms or services granted access to their account are secure.
4.69.2.3 Monitoring and Account Review
4.69.2.3.1 Users are encouraged to regularly review account activity for unauthorized transactions or suspicious behavior.
4.69.2.3.2 Suspicious activity must be reported immediately to Sadbad Group.
4.69.3 User Responsibilities for Protecting Personal and Sensitive Data
4.69.3.1 Sensitive Data Protection
4.69.3.1.1 Users must ensure all sensitive data (e.g., financial details, health information, passwords) is submitted securely via designated forms.
4.69.3.1.2 Users must not share sensitive information through unsecured channels such as email or chat.
4.69.3.2 Data Sharing Responsibility
4.69.3.2.1 Users must:
Provide up-to-date and accurate personal information.
Refrain from sharing personal data with unauthorized third parties.
4.69.3.2.2 Users should verify third-party applications linked to Sadbad Group before sharing sensitive data.
4.69.3.3 Device and Access Control
4.69.3.3.1 Devices used to access the Website must be secured with antivirus software and firewalls.
4.69.3.3.2 Public or shared network access must include secure storage of personal credentials.
4.69.3.3.3 Multi-Factor Authentication (MFA) is recommended for added account security.
4.69.4 Immediate Action Required in the Event of a Security Breach
4.69.4.1 Detection and Notification of Unauthorized Access
4.69.4.1.1 Users must immediately notify Sadbad Group of suspected account compromise or unauthorized access.
4.69.4.1.2 Reports must be made within twenty-four (24) hours via:
Email: support@sadbad.group
Contact Form: Available on the Website.
4.69.4.1.3 Reports should include:
Date and time of suspicious activity,
Description of unauthorized actions, and
Any relevant details (e.g., device used, location).
4.69.4.2 Account Lock and Suspension
4.69.4.2.1 Sadbad Group may temporarily suspend accounts during investigations to prevent further unauthorized access.
4.69.4.2.2 Reinstatement occurs after the breach is resolved and account security is confirmed.
4.69.4.3 Cooperation with Authorities
4.69.4.3.1 Sadbad Group reserves the right to report security breaches involving criminal activity to law enforcement.
4.69.5 Prevention of Future Security Issues
4.69.5.1 Security Best Practices and Guidance
4.69.5.1.1 Sadbad Group provides ongoing security updates via the Website’s Security Blog and user communications.
4.69.5.1.2 Users are encouraged to stay informed on security best practices.
4.69.5.2 Periodic Security Reviews and Updates
4.69.5.2.1 Sadbad Group may require users to update passwords or review account settings periodically.
4.69.5.3 Enhanced Authentication Features
4.69.5.3.1 Multi-Factor Authentication (MFA) is recommended for additional security.
4.69.6 Limitations of Sadbad Group’s Liability
4.69.6.1 Security Measures and Limitations of Responsibility
4.69.6.1.1 While Sadbad Group implements robust security protocols, no system is entirely immune to breaches.
4.69.6.1.2 Users acknowledge shared responsibility for account and data security.
4.69.6.2 No Liability for User Errors or Inactions
4.69.6.2.1 Sadbad Group is not liable for:
Security breaches caused by user negligence.
Unauthorized access resulting from unsafe devices, networks, or third-party applications.
4.69.7 Additional Security Features (If Applicable)
4.69.7.1 Advanced Security Protocols for Sensitive Data
4.69.7.1.1 Sadbad Group uses encryption protocols (e.g., SSL/TLS) to secure sensitive data.
4.69.7.2 User’s Data in Transit and At Rest
4.69.7.2.1 Data stored and transmitted is encrypted to ensure confidentiality and integrity.
4.69.8 Acknowledgment and Agreement
4.69.8.1 By using the Website, users acknowledge and agree to abide by these security practices.
4.69.8.2 Users accept full responsibility for their account security and confidentiality.
4.69.8.3 Users commit to reporting suspected breaches or unauthorized activity immediately.
4.70 Liability for Legal Fees in Case of Breach (Including Government Bodies)
4.70.1 Acknowledgment of Liability for Legal Fees
4.70.1.1 By accessing, using, or interacting with any part of the Website, you agree that in the event of a breach of these Terms and Conditions by you, a government body, or any agency or official, you will be fully liable for all legal costs incurred by Sadbad Group Trust, L’avenir Design Trust, or Cameron Hapgood Pty Ltd (collectively referred to as "the Companies").
4.70.1.2 Such costs include but are not limited to:
4.70.1.2.1 Legal fees.
4.70.1.2.2 Attorney costs.
4.70.1.2.3 Court costs.
4.70.1.2.4 Expenses for legal representation.
4.70.1.2.5 Investigation fees.
4.70.1.2.6 Costs of settlement or arbitration.
4.70.1.2.7 Debt collection costs.
4.70.1.2.8 Litigation-related expenses, including expert witness fees and enforcement costs.
4.70.1.3 This clause applies globally and includes enforcement against individuals, entities, and government bodies across jurisdictions such as:
4.70.1.3.1 Australia:
4.70.1.3.1.1 Australian Federal Police (AFP).
4.70.1.3.1.2 State and territory police forces (e.g., NSW Police Force, Victoria Police).
4.70.1.3.1.3 Regulatory and public sector bodies.
4.70.1.3.2 European Union (EU).
4.70.1.3.3 United States of America (USA).
4.70.1.3.4 Canada.
4.70.1.3.5 United Kingdom (UK).
4.70.1.3.6 India.
4.70.1.3.7 Singapore.
4.70.1.3.8 South Africa.
4.70.1.3.9 Brazil.
4.70.2 Definition of "Government Body"
4.70.2.1 A government body refers to any institution, agency, or entity authorized by law to perform governmental functions.
4.70.2.2 In Australia, examples include:
4.70.2.2.1 Commonwealth Government:
4.70.2.2.1.1 Australian Taxation Office (ATO).
4.70.2.2.1.2 Department of Home Affairs.
4.70.2.2.2 State Governments:
4.70.2.2.2.1 New South Wales Government.
4.70.2.2.2.2 Victorian Government.
4.70.2.2.3 Local Governments:
4.70.2.2.3.1 City of Sydney.
4.70.2.2.3.2 Melbourne City Council.
4.70.2.2.4 Regulatory Bodies:
4.70.2.2.4.1 Australian Competition and Consumer Commission (ACCC).
4.70.2.2.5 Law Enforcement:
4.70.2.2.5.1 Australian Federal Police (AFP).
4.70.2.2.5.2 State and territory police forces.
4.70.3 Scope of Liability for Legal Fees
4.70.3.1 If you or a government body breaches these Terms, you agree to:
4.70.3.1.1 Cover costs related to enforcement, including legal actions protecting the rights of the Companies.
4.70.3.1.2 Pay pre-litigation costs, settlement negotiations, dispute resolution, mediation, or arbitration.
4.70.3.2 Specific breaches include but are not limited to:
4.70.3.2.1 Violations of acceptable use policies.
4.70.3.2.2 Intellectual property violations.
4.70.3.2.3 Non-compliance with payment obligations.
4.70.4 Legal Fees for Directors and Officers
4.70.4.1 You agree to reimburse legal fees incurred by Directors and Officers of the Companies for actions resulting from your breach, including:
4.70.4.1.1 Defense or pursuit of legal actions.
4.70.4.1.2 Administrative hearings or investigations.
4.70.4.1.3 Litigation expenses such as expert witnesses or document production.
4.70.5 Global Enforcement of Legal Fees
4.70.5.1 You waive any defense against enforcement of legal fees in any jurisdiction.
4.70.5.2 The Companies may enforce collection of legal fees through:
4.70.5.2.1 International arbitration.
4.70.5.2.2 Debt collection agencies.
4.70.5.2.3 Litigation in your local jurisdiction, including legal actions against government entities such as police departments or regulatory bodies.
4.70.6 No Exceptions or Disputes Against Director’s Authority
4.70.6.1 By interacting with the Website, you agree that:
4.70.6.1.1 The Director’s decisions are final and binding.
4.70.6.1.2 Disputes against the Director’s authority are null and void.
4.70.7 Payment Obligations and Legal Enforcement
4.70.7.1 If you fail to meet monetary obligations:
4.70.7.1.1 Sadbad Group may initiate global debt recovery or legal proceedings.
4.70.7.1.2 Enforcement actions will occur in jurisdictions of Sadbad Group’s choice, including actions involving police or law enforcement bodies.
4.70.8 Acknowledgment of Non-Legal Nature of Website Content
4.70.8.1 By using this Website, you agree that:
4.70.8.1.1 Non-binding content on the Website cannot be used as legal evidence.
4.70.8.1.2 Obligations to comply with the Director’s requests remain irrespective of content changes.
4.70.9 Enforcement and Termination for Non-Compliance
4.70.9.1 Failure to comply may result in:
4.70.9.1.1 Immediate termination of Website access.
4.70.9.1.2 Legal actions to enforce compliance or monetary obligations.
4.70.10 Jurisdiction and Venue for Legal Actions
4.70.10.1 The jurisdiction for disputes related to these Terms is South Australia, Australia.
4.70.10.2 Sadbad Group reserves the right to initiate legal actions in any global jurisdiction, including against state and federal law enforcement bodies where breaches occur.
4.71 Investigation of IP Address and Device Usage Upon Mention of the Company
4.71.1 Consent for Investigation upon Mention of Sadbad Group
4.71.1.1 By interacting with the Website or mentioning Sadbad Group in any form of communication, including but not limited to text, writing, emails, blog posts, social media posts, or any public or private messaging, users explicitly consent to the investigation and collection of the following information:
4.71.1.1.1 IP Address Identification: The IP address assigned to the device used to access the Website, services, or online interactions involving Sadbad Group.
4.71.1.1.2 Device Identification: The type of device (e.g., smartphone, laptop, desktop), operating system, and browser version used.
4.71.1.1.3 Geolocation Information: The geographical location of the device, determined based on the IP address.
4.71.1.1.4 Connection Logs and Metadata: Records of access times, frequency, duration, and related connection data.
4.71.2 Global Jurisdictional Authorization for Investigation
4.71.2.1 This consent applies globally, authorizing Sadbad Group or its representatives to:
4.71.2.1.1 Track and Record IP Address Information: Monitor the IP address from which any mention of the company or interaction with the Website occurs.
4.71.2.1.2 Investigate Associated Devices and User Behavior: Collect and analyze device-specific information, including device identifiers, network data, and geolocation.
4.71.2.2 Investigations are conducted to protect Sadbad Group’s intellectual property, reputation, and operational integrity while complying with global data protection laws, including but not limited to:
4.71.2.2.1 General Data Protection Regulation (GDPR) (European Union).
4.71.2.2.2 California Consumer Privacy Act (CCPA) (California, USA).
4.71.2.2.3 Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada).
4.71.2.2.4 Personal Data Protection Act (PDPA) (Singapore).
4.71.2.2.5 Australian Privacy Act 1988.
4.71.3 Usage of Collected Data for Investigation
4.71.3.1 Sadbad Group reserves the right to:
4.71.3.1.1 Investigate the Device and User Identity: Analyze IP addresses, device usage, and metadata to identify the responsible individual or entity.
4.71.3.1.2 Assess Breach Severity: Determine the impact of the violation and enforce legal, financial, or contractual obligations.
4.71.3.1.3 Collaborate with Law Enforcement: Share relevant data with law enforcement agencies or third parties as required by applicable laws in the jurisdiction of the incident.
4.71.4 Consent to Data Collection and Processing
4.71.4.1 By interacting with the Website or mentioning Sadbad Group, users consent to:
4.71.4.1.1 Collection and Analysis of Data: The collection, processing, storage, and analysis of IP addresses and device information as outlined in this section.
4.71.4.1.2 Investigations of Suspected Misuse: Formal investigations into device usage in cases of suspected fraudulent, harmful, or unlawful activities.
4.71.5 Monitoring of Website Access and Mentions
4.71.5.1 Sadbad Group reserves the right to monitor:
4.71.5.1.1 Website Activity: Track interactions with the Website, including clicks, mentions, or other engagement originating from identifiable IP addresses or devices.
4.71.5.1.2 Mentions Across Platforms: Monitor mentions of Sadbad Group on social media, blogs, forums, emails, and other online platforms for compliance with these Terms and Conditions.
4.71.6 Liability for Non-Compliance with Terms
4.71.6.1 If investigations reveal illegal, fraudulent, or malicious activities:
4.71.6.1.1 User Liability: Individuals or entities may face financial or legal consequences, including:
4.71.6.1.1.1 Monetary penalties for violating intellectual property rights or other agreements.
4.71.6.1.1.2 Legal action to recover financial damages or reputational harm.
4.71.6.1.2 Termination of Access: Sadbad Group may suspend or permanently revoke access to the Website or services for serious violations.
4.71.7 Compliance with Global Laws and Data Protection Regulations
4.71.7.1 Sadbad Group ensures investigations and data processing comply with applicable laws, including:
4.71.7.1.1 GDPR (European Union).
4.71.7.1.2 CCPA (California, USA).
4.71.7.1.3 PIPEDA (Canada).
4.71.7.1.4 PDPA (Singapore).
4.71.7.1.5 Australian Privacy Act 1988.
4.71.7.2 Data collected for investigation purposes will:
4.71.7.2.1 Be handled securely.
4.71.7.2.2 Be used solely to protect intellectual property and enforce compliance.
4.71.7.2.3 Be retained only as long as necessary for the investigation.
4.71.8 Acknowledgment of Terms
4.71.8.1 By interacting with the Website or mentioning Sadbad Group, users:
4.71.8.1.1 Agree to the terms outlined in this section.
4.71.8.1.2 Consent to data collection, processing, and investigation.
4.71.8.1.3 Acknowledge that Sadbad Group may take appropriate legal and enforcement actions to protect its interests and reputation.
4.73 Password Usage and Explicit Consent Agreement
4.73.1 Password for Project Access
4.73.1.1 The password 930301 is required to access specific parts of the Website, including the "Projects" section.
4.73.1.2 By entering the password 930301, users agree that the act of inputting each digit and submitting the password constitutes seven (7) distinct actions, explicitly signifying acknowledgment and acceptance of the Terms and Conditions in their entirety.
4.73.2 Acknowledgment of Binding Agreement
4.73.2.1 Explicit Consent
4.73.2.1.1 By inputting the password 930301 and clicking or pressing the "Submit" button:
4.73.2.1.1.1 Users explicitly consent to all Terms and Conditions, including all clauses and sub-clauses, without reservation.
4.73.2.1.1.2 Users acknowledge that they have read, understood, and accept the liability and responsibilities outlined within these Terms and Conditions.
4.73.2.2 Agreement to Non-Entrapment
4.73.2.2.1 Users explicitly agree that the length or detail of the Terms and Conditions, including all clauses, does not constitute entrapment.
4.73.2.2.2 By entering the password 930301, users confirm they have been given the opportunity to review these Terms and Conditions fully and accept them as a binding agreement.
4.73.3 Sharing and Usage of Password
4.73.3.1 Third-Party Access
4.73.3.1.1 If users are given the password 930301 by a third party and subsequently input the password to access restricted parts of the Website, they are bound by the same Terms and Conditions.
4.73.3.1.2 Users acknowledge that by entering the password provided by any means, they accept all clauses and associated liabilities of these Terms and Conditions.
4.73.4 Actions Constituting Agreement
4.73.4.1 The following steps constitute explicit consent and agreement to the Terms and Conditions:
4.73.4.1.1 Inputting the digit "9."
4.73.4.1.2 Inputting the digit "3."
4.73.4.1.3 Inputting the digit "0."
4.73.4.1.4 Inputting the digit "3."
4.73.4.1.5 Inputting the digit "0."
4.73.4.1.6 Inputting the digit "1."
4.73.4.1.7 Clicking or pressing the "Submit" button.
4.73.5 Record of Consent
4.73.5.1 Electronic Recordkeeping
4.73.5.1.1 Sadbad Group securely stores metadata associated with password entries, including the time, date, and IP address of each submission, to ensure compliance and resolve disputes if necessary.
4.73.5.2 Accessibility of Records
4.73.5.2.1 Users may request access to the record of their password submission to confirm their consent to the Terms and Conditions by contacting Sadbad Group at projects@sadbad.group.
4.73.6 Revocation of Access and Consent
4.73.6.1 Users who no longer wish to accept these Terms and Conditions must notify Sadbad Group in writing and refrain from further use of the Website or restricted areas accessed via the password 930301.
4.73.7 Enforcement of Agreement
4.73.7.1 By entering the password 930301, users accept that this action is legally binding and enforceable under the governing laws specified in these Terms and Conditions.
4.73.8 Global Compliance
4.73.8.1 The password submission process adheres to global electronic signature laws, including but not limited to:
4.73.8.1.1 United States: ESIGN Act, UETA.
4.73.8.1.2 European Union: eIDAS Regulation.
4.73.8.1.3 Australia: Electronic Transactions Act 1999.
4.73.9 Conclusion
4.73.9.1 By inputting the password 930301 to access restricted areas of the Website, users acknowledge and agree to all terms, clauses, and liabilities outlined within the Terms and Conditions.
4.73.9.2 Sadbad Group ensures compliance, transparency, and secure handling of user actions and consent related to password-protected access.
4.74 User Responsibility for Content (Expanded for User-Generated Content)
4.74.1 General User Responsibilities for Submitted Content
4.74.1.1 By interacting with the Website and submitting or posting any content, including comments, reviews, forum messages, or other user-generated content ("User-Generated Content"), users agree to the following terms:
4.74.1.2 Sole Responsibility for Submissions
4.74.1.2.1 Users are solely responsible for the content they submit, post, or share on the Website.
4.74.1.2.2 User-Generated Content must not violate any laws, regulations, or third-party rights, including intellectual property, privacy, and publicity rights.
4.74.1.2.3 Content must be legal, non-defamatory, non-harmful, and must not infringe the rights of others, including but not limited to content that:
Is defamatory, libelous, or makes false accusations.
Harms or threatens the safety of individuals or groups.
Promotes hate speech, discrimination, harassment, or violence.
Contains obscene, pornographic, or inappropriate material.
Infringes intellectual property rights (e.g., copyrights, trademarks, patents).
Contains malware, viruses, or other harmful elements.
4.74.1.3 Legal Compliance
4.74.1.3.1 Users confirm that their User-Generated Content complies with the laws of their jurisdiction, including but not limited to data protection, privacy, cybercrime, and consumer protection laws.
4.74.1.3.2 All submissions must adhere to these Terms and applicable international laws governing online conduct and content.
4.74.2 Content Removal and Enforcement
4.74.2.1 Removal of Content
4.74.2.1.1 Sadbad Group reserves the right to remove or disable access to User-Generated Content that violates these Terms or applicable laws.
4.74.2.1.2 Content removal includes, but is not limited to, content that:
Is offensive, harassing, defamatory, or harmful.
Violates third-party rights, including intellectual property.
Contravenes community guidelines or Website policies.
4.74.2.1.3 Removal decisions are made at Sadbad Group's sole discretion and do not require justification beyond asserting non-compliance.
4.74.2.2 Legal Compliance and Third-Party Rights
4.74.2.2.1 Content may be removed to comply with legal obligations, court orders, or lawful requests from authoritative bodies.
4.74.2.2.2 Sadbad Group follows the Digital Millennium Copyright Act (DMCA) and similar laws for intellectual property claims, including a notice-and-takedown process.
4.74.2.3 No Guarantee of Removal
4.74.2.3.1 Sadbad Group is not obligated to review or monitor all submissions and does not guarantee removal of all violations.
4.74.3 Licensing and Usage of User-Generated Content
4.74.3.1 Grant of License to Sadbad Group
4.74.3.1.1 By posting User-Generated Content, users grant Sadbad Group a non-exclusive, royalty-free, worldwide, irrevocable license to:
Use, display, reproduce, modify, adapt, translate, and distribute the content for lawful purposes, including marketing and advertising.
4.74.3.1.2 The license includes sublicensing to third parties for distribution or use across media channels.
4.74.3.2 Attribution and Public Use
4.74.3.2.1 Content may be used with or without attribution unless otherwise agreed.
4.74.3.2.2 Public postings (e.g., forums, comments) may be visible and accessible to others.
4.74.3.3 No Compensation for User-Generated Content
4.74.3.3.1 Users acknowledge they are not entitled to compensation for submitted content used by Sadbad Group.
4.74.4 Monitoring, Moderation, and Enforcement of Content
4.74.4.1 Right to Monitor Content
4.74.4.1.1 Sadbad Group may monitor, review, and moderate User-Generated Content but is not obligated to do so.
4.74.4.1.2 Routine audits and content reviews are performed, especially for reported issues or legal requests.
4.74.4.2 Community Guidelines and Behavioral Expectations
4.74.4.2.1 Users must engage respectfully and responsibly on the Website, adhering to community guidelines.
4.74.4.2.2 Violations may result in content removal, suspension, or permanent termination of access.
4.74.4.3 User Notifications of Violations
4.74.4.3.1 Users may be notified of violations and actions taken, such as content removal or account suspension.
4.74.4.3.2 Repeat violations may lead to permanent bans.
4.74.5 Prohibited Content
4.74.5.1 Prohibited content includes, but is not limited to:
Defamatory, libelous, or slanderous material.
Hate speech or incitement to violence.
Pornographic or explicit material.
Illegal activities or promotion thereof.
Intellectual property infringement.
4.74.6 Reporting Violations and Content Disputes
4.74.6.1 How to Report Violations
4.74.6.1.1 Use the reporting mechanism provided on the Website or contact support@sadbad.group with details.
4.74.6.2 Dispute Resolution
4.74.6.2.1 Sadbad Group will attempt to resolve disputes in good faith.
4.74.6.2.2 Unresolved disputes may follow the dispute resolution process outlined in these Terms.
4.75 User Consent to Legal Terms
4.75.1 Explicit Consent to Terms and Conditions
4.75.1.1 By accessing, browsing, or using any part of the Sadbad Group Website (the "Website"), users explicitly agree to comply with and be bound by these Terms and Conditions (the "Terms").
4.75.1.2 This consent includes any amendments, updates, or additions to the Terms made by Sadbad Group in the future.
4.75.1.3 Users acknowledge that they have read, understood, and agree to the full content of the Terms and Conditions.
4.75.2 Global Jurisdictional Agreement
4.75.2.1 By interacting with the Website, users provide explicit consent to adhere to these Terms, governed by the laws of South Australia, Australia, regardless of their location or jurisdiction.
4.75.2.2 Users acknowledge that Sadbad Group may enforce these Terms in legal proceedings in any jurisdiction, including but not limited to the European Union, United States, Canada, Asia-Pacific, and other international regions.
4.75.3 Consent to All Legal Documents
4.75.3.1 By using the Website, users explicitly consent to the following legal documents:
4.75.3.1.1 Privacy Policy: Users consent to the collection, use, and processing of personal data as outlined in the Privacy Policy, including sharing data with trusted third-party providers where applicable.
4.75.3.1.2 Cookie Policy: Users agree to the use of cookies and similar technologies as described in the Cookie Policy for functionality, analytics, and user experience enhancement.
4.75.3.1.3 Disclaimer: Users acknowledge that the content on the Website is for informational purposes and does not constitute professional, legal, or financial advice.
4.75.3.1.4 Privacy and Data Processing Terms (if applicable): Users consent to terms governing the processing of personal data, including agreements applicable to clients or affiliates.
4.75.3.1.5 Investment or Business Terms (if applicable): Users consent to specific terms and agreements governing investment or business interactions, including disclaimers and risk management policies.
4.75.3.1.6 Terms of Use for Specific Features or Services: Users agree to any additional or specialized terms governing specific services or features accessed on the Website, such as e-commerce transactions or subscription-based services.
4.75.4 Acknowledgment of Rights and Responsibilities
4.75.4.1 By using the Website, users explicitly acknowledge and agree to the following:
4.75.4.1.1 Legal Capacity: Users affirm that they are legally capable of entering binding contracts and meet the minimum legal age in their jurisdiction (e.g., 18 years or older).
4.75.4.1.2 Compliance with Terms: Users agree to comply with all applicable laws and regulations and accept full responsibility for their actions.
4.75.4.1.3 Sadbad Group’s Rights: Sadbad Group retains the right to modify, suspend, or terminate Website access at its sole discretion for any reason, including violation of these Terms.
4.75.4.1.4 Liability and Damages: Sadbad Group is not liable for indirect, consequential, or punitive damages arising from Website use, including data loss, business disruptions, or computer damages.
4.75.4.1.5 Financial Commitments (if applicable): Users agree to pay all fees associated with products, services, or features accessed and acknowledge Sadbad Group’s right to enforce payment obligations through legal means or third-party debt collection.
4.75.5 International Use and Enforcement of Terms
4.75.5.1 Sadbad Group’s Terms are enforceable across all jurisdictions, with additional compliance for specific regions:
4.75.5.1.1 European Union: Users consent to comply with GDPR, including rights to access, correct, and delete personal data.
4.75.5.1.2 United States: U.S. users agree that these Terms are governed by South Australian laws and disputes are subject to the courts of South Australia.
4.75.5.1.3 Canada: Canadian users consent to data collection and processing under PIPEDA.
4.75.5.1.4 Asia-Pacific: Users in regions like Japan, China, India, and Singapore agree to regional data protection laws, such as Singapore’s PDPA.
4.75.5.1.5 Other Global Jurisdictions: Users in other countries acknowledge compliance with local regulations for data protection, consumer rights, and digital content usage.
4.75.6 Electronic Communication Consent
4.75.6.1 By agreeing to these Terms, users consent to receive electronic communications, including:
4.75.6.1.1 Emails, updates, and notices related to interactions with the Website.
4.75.6.1.2 Marketing communications and promotional offers.
4.75.6.2 Users may withdraw consent for communications by unsubscribing or contacting projects@sadbad.group.
4.75.7 No Exceptions and No Revocation of Consent
4.75.7.1 By interacting with the Website, users waive any right to dispute the enforceability of these Terms or Sadbad Group’s authority to enforce them.
4.75.7.2 Consent to these Terms is irrevocable, except as allowed under applicable consumer protection laws.
4.75.8 Confirmation of Full Understanding and Acceptance
4.75.8.1 By using the Website, users confirm that:
4.75.8.1.1 They have read, understood, and agree to these Terms and all related legal documents.
4.75.8.1.2 They accept that continued use of the Website constitutes agreement to any future amendments.
4.75.8.1.3 Any interaction with the Website constitutes explicit consent to all aspects of these Terms.
4.76 Publicity and Marketing Use of User Content
4.76.1 Acknowledgment of Use of User Content
4.76.1.1 By submitting content to Sadbad Group through this Website, including but not limited to testimonials, images, videos, reviews, social media posts, comments, and other user-generated content (collectively referred to as "User Content"), users agree that Sadbad Group may use, publish, display, and distribute such content for marketing, promotional, or business purposes worldwide, across all jurisdictions and media, without limitation. This includes:
4.76.1.1.1 Displaying User Content on Sadbad Group’s social media channels, including Facebook, Instagram, LinkedIn, Twitter, and YouTube.
4.76.1.1.2 Posting User Content on Sadbad Group’s Website, marketing materials, advertisements, and landing pages.
4.76.1.1.3 Using User Content in press releases, digital campaigns, and other promotional platforms, including online and offline advertisements.
4.76.1.1.4 Incorporating User Content in business development materials, including brochures, reports, and presentations.
4.76.1.1.5 Featuring User Content in customer stories or case studies to showcase Sadbad Group’s services or products.
4.76.2 Grant of License for Use of User Content
4.76.2.1 By submitting User Content, users grant Sadbad Group a perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, display, distribute, adapt, modify, create derivative works, and publicly perform the content across all media formats, including print, digital, broadcast, and other electronic formats, whether now known or hereafter devised, without further approval or compensation. This license includes:
4.76.2.1.1 The right to modify, edit, or combine User Content with other materials for marketing purposes.
4.76.2.1.2 The use of User Content in promotional materials related to Sadbad Group's services, events, projects, and initiatives.
4.76.3 Explicit Consent for Personal Information, Images, and Business Names
4.76.3.1 Sadbad Group will seek explicit consent for promotional or marketing use of:
4.76.3.1.1 Personal photographs or images of identifiable individuals.
4.76.3.1.2 Business names, logos, or trademarks in advertisements or promotional materials.
4.76.3.1.3 Testimonials or likenesses of users in media such as television, print, or online advertisements.
4.76.3.2 Sadbad Group will provide clear and transparent information on the use of personal data, images, or business names, requiring users to confirm consent via an opt-in mechanism. Users may withdraw consent at any time by contacting Sadbad Group at the designated contact details in the Privacy Policy.
4.76.4 No Right to Compensation or Payment
4.76.4.1 By submitting User Content, users acknowledge that Sadbad Group is under no obligation to provide compensation or payment for its use in marketing, promotional, or business purposes unless otherwise agreed in a separate contract or as required by law.
4.76.5 Duration of Use and Archiving of User Content
4.76.5.1 Sadbad Group may continue using User Content for marketing purposes indefinitely unless a user requests its removal.
4.76.5.2 User Content may be retained for archival, historical, or record-keeping purposes, following Sadbad Group's data retention policies.
4.76.6 Compliance with Legal and Regulatory Standards
4.76.6.1 Sadbad Group ensures the use of User Content complies with relevant laws, including:
4.76.6.1.1 General Data Protection Regulation (GDPR) for EU users, particularly regarding consent and data protection.
4.76.6.1.2 California Consumer Privacy Act (CCPA) for California-based users, ensuring user control over personal data.
4.76.6.1.3 Australian Privacy Principles (APPs) under the Privacy Act 1988 for users in Australia.
4.76.6.1.4 Compliance with other international privacy regulations.
4.76.7 User Rights and Control over User Content
4.76.7.1 Users retain ownership of their User Content and have the right to:
4.76.7.1.1 Withdraw Consent: Users may withdraw consent for Sadbad Group to use personal information, images, or business names in future materials by contacting the company.
4.76.7.1.2 Request Removal: Users may request the removal of User Content from future marketing efforts. Sadbad Group will take reasonable steps to comply, unless the content has already been published or is outside its immediate control.
4.76.8 Disclaimers and Limitations on Use of User Content
4.76.8.1 Sadbad Group will use reasonable efforts to attribute User Content appropriately but makes no guarantees regarding attribution or results from its use.
4.76.8.2 No Guarantees of Exposure: Sadbad Group does not guarantee that User Content will be used or featured.
4.76.8.3 Limitations of Liability: Sadbad Group is not liable for claims, damages, or losses arising from the use of User Content, including defamation, infringement of privacy, or misrepresentation.
4.76.9 Modification of Content Use
4.76.9.1 Sadbad Group reserves the right to modify, alter, or update User Content to align with marketing strategies, business requirements, or technological advancements, within the scope of original consent.
4.77 Acknowledgment and Agreement to Terms and Conditions
4.77.1 Acknowledgment of Understanding and Comprehensiveness
4.77.1.1 By accessing, using, or interacting with any part of the Sadbad Group Website ("Website"), users acknowledge and agree that they have read, understood, and accepted these Terms and Conditions in their entirety.
4.77.1.2 Users further acknowledge that these Terms and Conditions are written in clear, plain language and that their length, detail, and complexity do not impede or hinder understanding.
4.77.2 Acknowledgment of Accessibility for the Layperson
4.77.2.1 Users agree that these Terms, though comprehensive, are accessible and understandable to individuals without specialized legal knowledge.
4.77.2.2 Sadbad Group ensures transparency and user-friendliness in drafting these Terms, avoiding overly complex or unintelligible language for the average individual.
4.77.3 Acknowledgment of No Impediments to Reading and Understanding
4.77.3.1 Users acknowledge and agree that:
4.77.3.1.1 These Terms are not excessively long, difficult to read, or overly complex for the average user.
4.77.3.1.2 Adequate opportunity has been provided to review these Terms, and no circumstances have prevented full understanding.
4.77.3.1.3 Users were not misled, coerced, or denied sufficient time to review these Terms before agreeing to them.
4.77.4 Legal Validity Across Jurisdictions
4.77.4.1 Users acknowledge that these Terms are legally valid and enforceable under the following jurisdictions and laws:
4.77.4.1.1 Australian laws, including the Australian Consumer Law (ACL) and Privacy Act 1988.
4.77.4.1.2 European Union laws, including the General Data Protection Regulation (GDPR).
4.77.4.1.3 United States laws, including applicable state and federal laws.
4.77.4.1.4 United Kingdom laws, including the UK GDPR.
4.77.4.1.5 Canadian laws, including PIPEDA.
4.77.4.1.6 Indian laws, including the Information Technology Act 2000.
4.77.4.1.7 Singaporean laws, including the Personal Data Protection Act (PDPA).
4.77.4.1.8 Brazilian laws, including the General Data Protection Law (LGPD).
4.77.4.1.9 South African laws, including the Protection of Personal Information Act (POPIA).
4.77.4.2 These Terms are crafted to comply with international standards and applicable legal frameworks, ensuring enforceability regardless of jurisdiction.
4.77.5 Acknowledgment of No Obligation to Use Legal Jargon
4.77.5.1 Users agree that these Terms are written in clear and concise language, avoiding unnecessary legal jargon.
4.77.5.2 If any part of these Terms includes legal terminology, it has been sufficiently clarified to ensure understanding by all users.
4.77.6 Acknowledgment of Voluntary Agreement
4.77.6.1 Users acknowledge and agree that:
4.77.6.1.1 Acceptance of these Terms is voluntary and free from undue influence, duress, or lack of comprehension.
4.77.6.1.2 Users have had sufficient time to review the content and seek independent advice if necessary.
4.77.6.1.3 Continued use of the Website constitutes affirmative consent to these Terms.
4.77.7 Acknowledgment of Liability for Breach of Terms
4.77.7.1 Users acknowledge and agree that:
4.77.7.1.1 Breaches of these Terms will result in legal consequences, including financial penalties, suspension or termination of services, and potential legal action.
4.77.7.1.2 Users are fully responsible for adherence to these Terms and will be held liable for violations.
4.77.8 Availability of Terms and Conditions
4.77.8.1 Users acknowledge and agree that the full text of these Terms is accessible for review at any time via:
4.77.8.1.1 A downloadable PDF format for offline review.
4.77.8.1.2 The “Terms and Conditions” link located in the Website’s footer.
4.77.9 Consent to Updates and Modifications of Terms
4.77.9.1 Users acknowledge that Sadbad Group reserves the right to update these Terms at any time without prior notice.
4.77.9.2 Continued use of the Website constitutes consent to any updated Terms.
4.77.10 Waiver of Rights and Remedies
4.77.10.1 Users agree that:
4.77.10.1.1 Rights and remedies under these Terms cannot be waived except in writing with explicit agreement from Sadbad Group.
4.77.10.1.2 If any provision is deemed unenforceable, the remaining provisions remain valid and enforceable.
4.77.11 Acknowledgment of Ongoing Legal Enforceability
4.77.11.1 Users acknowledge that these Terms remain legally enforceable even if the Website or services are suspended or discontinued.
4.77.11.2 Sadbad Group reserves the right to enforce these Terms across jurisdictions where breaches occur or users reside.
4.78 Ethics and Compliance in Art and Design
4.78.1 Ethical Standards in Art and Design
4.78.1.1 Sadbad Group is committed to maintaining the highest standards of ethics and compliance in all art and design projects.
4.78.1.2 Our work focuses on innovation, sustainability, and social responsibility, with respect for cultural, environmental, and social contexts as integral components of all projects.
4.78.1.3 We adhere to the following guiding ethical principles:
4.78.1.3.1 Respect for Human Dignity:
4.78.1.3.1.1 Designs and creative processes will uphold the dignity of all individuals, communities, and cultures.
4.78.1.3.1.2 Sadbad Group ensures that its work does not perpetuate harmful stereotypes, discriminatory practices, or disrespect toward any group based on race, gender, religion, ethnicity, or other protected characteristics.
4.78.1.3.2 Transparency and Integrity in Design:
4.78.1.3.2.1 Stakeholders are informed and involved in design processes where appropriate.
4.78.1.3.2.2 Integrity is ensured by adherence to legal and contractual obligations, including intellectual property rights, ethical material sourcing, and environmental compliance.
4.78.1.3.3 Accountability in Artistic Expression:
4.78.1.3.3.1 Sadbad Group ensures its designs reflect ethical commitments and do not contribute to harmful cultural representations or appropriation.
4.78.2 Compliance with Local and Global Standards
4.78.2.1 Sadbad Group complies with both local and international ethical standards in art, design, and construction, including:
4.78.2.1.1 International Human Rights Law: Adhering to the Universal Declaration of Human Rights (UDHR) and related conventions.
4.78.2.1.2 Cultural Heritage Protection: Respecting UNESCO conventions and local laws protecting indigenous knowledge and traditions.
4.78.2.1.3 Sustainability Compliance: Implementing ISO 14001 standards for environmental management.
4.78.2.1.4 Anti-Bribery and Corruption Laws: Complying with the UK Bribery Act 2010, the Foreign Corrupt Practices Act (FCPA), and similar regulations.
4.78.3 Respect for Diversity and Inclusion in Art and Design
4.78.3.1 Sadbad Group ensures all projects are inclusive, culturally sensitive, and respectful of diverse perspectives.
4.78.3.2 The organization actively fosters inclusivity, equity, and respect for differences in all design elements.
4.78.4 Cultural Sensitivity and Engagement with Local Communities
4.78.4.1 Engaging Local Communities:
4.78.4.1.1 Sadbad Group collaborates with local communities and stakeholders to understand cultural values and needs.
4.78.4.2 Collaboration with Cultural Experts:
4.78.4.2.1 Cultural experts, artists, and leaders are engaged for projects requiring specific cultural insights.
4.78.4.3 Culturally Sensitive Design Process:
4.78.4.3.1 Design elements are reviewed to ensure they are respectful and inclusive.
4.78.5 Inclusion and Diversity in Creative Expression
4.78.5.1 Inclusive Representation:
4.78.5.1.1 Artistic and design processes involve voices from diverse communities.
4.78.5.1.2 Marginalized or underrepresented groups are prioritized for inclusion.
4.78.5.2 Equal Opportunity in Employment and Engagement:
4.78.5.2.1 Sadbad Group hires diverse teams to bring varied perspectives to creative projects.
4.78.5.3 Non-Discrimination in Design and Interaction:
4.78.5.3.1 Spaces are designed to be accessible and welcoming to all individuals.
4.78.6 Transparency and Accountability
4.78.6.1 Monitoring Diversity Efforts:
4.78.6.1.1 Policies and practices are regularly reviewed to promote inclusivity.
4.78.6.2 Feedback Mechanisms:
4.78.6.2.1 Sadbad Group encourages feedback from clients, partners, and communities to refine designs.
4.78.6.3 Public Accountability:
4.78.6.3.1 Regular reports on diversity and inclusion efforts are shared publicly.
4.78.7 Commitment to Cultural Sensitivity in Global Contexts
4.78.7.1 Sadbad Group ensures adherence to global ethical standards, including:
4.78.7.1.1 The UN Declaration on the Rights of Indigenous Peoples.
4.78.7.1.2 International Labour Organization Conventions.
4.78.7.2 Localized Approaches:
4.78.7.2.1 Tailored strategies respect local traditions and needs while maintaining global standards.
4.78.8 Conclusion
4.78.8.1 Sadbad Group is dedicated to ethics, diversity, and cultural respect in all aspects of art and design.
4.78.8.2 Every project reflects a commitment to social justice, inclusivity, and the celebration of human diversity.
5. Intellectual Property Rights
5.1. Ownership of Website Content
5.1.1. The ownership of all website content, including but not limited to text, images, graphics, audio, video, designs, layout, interfaces, code, databases, and software, is held exclusively by the entity operating the website ("the Owner") or its licensors.
5.1.2. The Owner retains all rights, title, and interest in and to the content, including any copyrights, trademarks, trade secrets, patents, and other intellectual property rights protected under applicable laws and international treaties.
5.1.3. Where third-party content is incorporated into the website, such content is utilized under appropriate licenses, permissions, or statutory exceptions, and ownership remains with the respective third-party proprietors.
5.1.4. The use of the website by users does not grant any rights, implied or explicit, to the intellectual property contained within the website unless expressly stated in a written agreement with the Owner.
5.1.5. Any rights not explicitly granted under these terms are reserved by the Owner or relevant licensors.
5.2. Restrictions on Copying, Sharing, or Modifying Content
5.2.1. Users are strictly prohibited from copying, reproducing, distributing, transmitting, displaying, performing, publishing, uploading, modifying, creating derivative works, reverse engineering, decompiling, or otherwise exploiting any content on the website without prior written consent from the Owner or unless otherwise permitted by law.
5.2.2. This prohibition includes, but is not limited to:
5.2.2.1. Republishing website content on any other website, social media platform, or online resource without authorization.
5.2.2.2. Distributing copies of content, either in physical or digital format, without express permission.
5.2.2.3. Using website content for any commercial purpose, including advertising, marketing, or sales, unless a formal license agreement has been executed.
5.2.3. Users may download or print content solely for personal, non-commercial use, provided such actions do not violate the provisions of these terms and do not remove or obscure copyright notices or other proprietary markings.
5.2.4. Modifications to website content are expressly prohibited, including:
5.2.4.1. Editing text, images, or software to create derivative works.
5.2.4.2. Integrating website content into other digital or physical media without express permission.
5.2.5. Unauthorized sharing or distribution of access credentials to restricted website sections constitutes a violation of intellectual property protections and may result in legal action.
5.3. Enforcement of Intellectual Property Rights
5.3.1. The Owner reserves the right to pursue all available legal remedies under applicable local and international laws to protect its intellectual property, including but not limited to:
5.3.1.1. Seeking injunctive relief to prevent unauthorized use, dissemination, or modification of content.
5.3.1.2. Recovering damages, including statutory damages and legal fees, in cases of infringement.
5.3.2. The Owner may issue takedown notices under relevant laws, such as the Digital Millennium Copyright Act (DMCA) in the United States, the Copyright Act 1968 (Cth) in Australia, or equivalent frameworks in other jurisdictions.
5.3.3. Users are required to notify the Owner promptly of any suspected or actual infringement of intellectual property rights involving the website content.
5.4. Global Considerations and Jurisdictional Variances
5.4.1. The intellectual property rights outlined herein are subject to and interpreted under the governing jurisdiction specified in Clause 12 (Governing Law and Jurisdiction).
5.4.2. The Owner complies with international intellectual property treaties, including:
5.4.2.1. The Berne Convention for the Protection of Literary and Artistic Works.
5.4.2.2. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
5.4.2.3. The WIPO Copyright Treaty.
5.4.3. Users accessing the website from regions with differing intellectual property laws agree to adhere to the jurisdictional standards of the governing law specified herein.
5.4.4. Users located in the European Union must comply with the EU Copyright Directive (Directive 2019/790), including provisions related to text and data mining exceptions.
5.4.5. The Owner reserves the right to update these terms to reflect changes in intellectual property law across relevant jurisdictions.
5.5. Notifications and Disputes
5.5.1. Any claims, disputes, or notices concerning intellectual property rights related to the website must be submitted to the Owner via the contact details provided in Clause 16 (Contact Information).
5.5.2. Disputes arising under this clause will be resolved in accordance with Clause 33 (Dispute Resolution) and the laws outlined in Clause 12 (Governing Law and Jurisdiction).
6. User-Generated Content
6.1 Guidelines for User-Generated Content
6.1.1 Users are permitted to submit, post, upload, or otherwise share content on the platform, provided such content adheres to these terms and applicable laws.
6.1.1.1 User-generated content must comply with all applicable laws and regulations, including but not limited to defamation, privacy, intellectual property, consumer protection, and anti-discrimination laws.
6.1.1.2 Users shall not submit content that is obscene, defamatory, harassing, threatening, incites violence, promotes hate speech, infringes intellectual property rights, or violates any applicable acceptable use policies referenced in Clause 18.
6.1.1.3 Content submissions must not include false, misleading, or deceptive information, as regulated under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) and equivalent international laws such as the Federal Trade Commission Guidelines (USA) and the Directive on Consumer Rights (EU).
6.1.2 The platform reserves the right to issue specific guidelines, community standards, or codes of conduct, as further elaborated in Clause 26 (Community Guidelines). These guidelines shall be communicated to users and updated from time to time, ensuring compliance with evolving legal standards and user expectations.
6.1.3 Users must ensure their content is original or appropriately licensed and does not infringe on the rights of third parties, as mandated under the Copyright Act 1968 (Cth) in Australia, the Berne Convention, and other relevant global intellectual property frameworks.
6.2 Ownership of User-Generated Content
6.2.1 By submitting content to the platform, users grant the platform a non-exclusive, worldwide, perpetual, royalty-free, irrevocable license to use, reproduce, adapt, modify, publish, translate, distribute, publicly perform, and display such content.
6.2.1.1 This license includes the right to sublicense content to third parties for purposes such as marketing, promotion, and service development, provided such sublicenses adhere to the platform's privacy obligations as outlined in Clause 7 (Privacy Policy).
6.2.1.2 Users retain ownership of their intellectual property rights in the content they submit, subject to the rights granted to the platform under Clause 6.2.1.
6.2.2 In cases where content constitutes confidential or sensitive information, users acknowledge and agree that submitting such content implies consent for its use under the platform’s stated purposes and in compliance with privacy laws such as the Privacy Act 1988 (Cth), the General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).
6.3 Platform’s Rights to Use User-Generated Content
6.3.1 The platform reserves the right to display, promote, or share user-generated content, including but not limited to showcasing it on the platform, social media channels, or other promotional materials.
6.3.1.1 The platform may modify user-generated content for formatting, adaptation, or compliance purposes, provided such modifications do not materially alter the meaning or integrity of the original submission.
6.3.2 User-generated content may be aggregated with other data to improve platform functionality, analytics, and personalization, as detailed in Clause 24 (User Data and Analytics).
6.3.2.1 Any use of user-generated content for analytics or research purposes will adhere to data protection standards under global frameworks, including the Notifiable Data Breaches (NDB) Scheme in Australia and the NIST Cybersecurity Framework (USA).
6.4 Platform’s Rights to Remove User-Generated Content
6.4.1 The platform reserves the absolute right to remove, suspend, or restrict access to user-generated content that:
6.4.1.1 Violates these terms or any other applicable policies.
6.4.1.2 Is found to be harmful, offensive, or contrary to public policy under frameworks such as the Australian Criminal Code Act 1995 (Cth) and international equivalents.
6.4.1.3 Is the subject of a valid complaint, takedown notice, or court order under laws such as the Digital Millennium Copyright Act (DMCA) (USA) or the European Copyright Directive.
6.4.2 The platform shall provide users with reasonable notice and justification for content removal, except in cases where immediate removal is required to prevent harm or legal liability.
6.4.3 The platform may disable or terminate the accounts of repeat infringers, as outlined in Clause 11 (Termination) and in compliance with the EU Copyright Directive and Copyright Act 1968 (Cth).
6.5 Liability and Indemnity for User-Generated Content
6.5.1 Users shall indemnify and hold the platform harmless against any claims, liabilities, or damages arising from user-generated content, including claims of intellectual property infringement, defamation, or violations of applicable laws.
6.5.2 The platform disclaims liability for user-generated content, as further detailed in Clause 10 (Disclaimers) and Clause 9 (Limitation of Liability).
6.6 Retention and Backup of User-Generated Content
6.6.1 User-generated content may be retained, archived, or deleted in accordance with the platform’s data retention policy, as detailed in Clause 71 (Data Backup Disclaimer).
6.6.2 Users are encouraged to maintain their own backup copies of content submitted to the platform, as the platform is not responsible for data loss due to technical issues, user account termination, or other unforeseen circumstances.
6.7 Dispute Resolution for User-Generated Content
6.7.1 Disputes concerning the use, modification, or removal of user-generated content shall be resolved in accordance with Clause 33 (Dispute Resolution).
6.7.2 Users may submit complaints regarding content removal or misuse through the platform’s designated reporting channels, as outlined in Clause 20 (Content Moderation and Reporting).
7. Privacy Policy
7.1 The Privacy Policy sets forth the principles and guidelines governing the collection, use, storage, and protection of personal data. This clause ensures compliance with applicable national and international data protection laws and establishes transparency and accountability in handling user information.
7.2 Collection of Personal Data
7.2.1 Personal data may be collected through various means, including but not limited to registration forms, online activities, cookies, tracking technologies, and direct interactions with the platform.
7.2.2 The types of personal data collected may include but are not limited to names, email addresses, phone numbers, demographic information, browsing activity, and payment details.
7.2.3 Sensitive personal data, such as health information, will only be collected with explicit consent, in compliance with relevant legal frameworks, including the Australian Privacy Principles under the Privacy Act 1988 (Cth) and international standards such as the GDPR.
7.3 Purpose of Data Collection and Use
7.3.1 Personal data will be collected and processed for specified, explicit, and legitimate purposes, including but not limited to:
7.3.1.1 Providing, improving, and personalizing the services offered.
7.3.1.2 Conducting analytics to understand user behavior and improve platform performance.
7.3.1.3 Sending notifications, updates, and promotional materials, subject to user consent.
7.3.1.4 Ensuring compliance with legal obligations, including those under the Spam Act 2003 (Cth) and the GDPR.
7.4 Data Storage and Security
7.4.1 Personal data will be stored securely in compliance with data protection laws applicable in the jurisdiction of operation and any other jurisdiction where data is processed or stored.
7.4.2 Data storage systems must implement industry-standard encryption and security protocols, consistent with frameworks such as the NIST Cybersecurity Framework and the EU Cybersecurity Act.
7.4.3 Access to personal data will be restricted to authorized personnel and governed by robust access control policies.
7.5 User Rights
7.5.1 Users are entitled to the following rights concerning their personal data, as defined under the Privacy Act 1988 (Cth), GDPR, CCPA, and other relevant laws:
7.5.1.1 The right to access personal data held by the organization.
7.5.1.2 The right to request correction of inaccurate or incomplete personal data.
7.5.1.3 The right to withdraw consent for data processing at any time.
7.5.1.4 The right to data portability, enabling users to request their data in a structured, commonly used format.
7.5.1.5 The right to lodge complaints with regulatory authorities, including the Office of the Australian Information Commissioner (OAIC), for breaches of privacy laws.
7.6 Data Retention Policy
7.6.1 Personal data will be retained only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or to comply with legal, regulatory, or contractual obligations.
7.6.2 Upon the expiration of the retention period, data will be securely deleted or anonymized, in compliance with the Notifiable Data Breaches Scheme under Australian law and global best practices.
7.7 Data Breach Notification
7.7.1 In the event of a data breach involving personal data, the organization commits to adhering to the Notifiable Data Breaches Scheme and similar international requirements, including the GDPR.
7.7.2 Affected individuals will be promptly notified if there is a high risk of harm from the breach, detailing the nature of the breach, the information involved, and recommended steps for mitigation.
7.8 Third-Party Data Sharing
7.8.1 Personal data will not be shared with third parties without explicit user consent, except where required by law or necessary to provide the services.
7.8.2 Third-party service providers, such as payment processors and analytics platforms, must adhere to contractual obligations ensuring data protection compliance under frameworks like the GDPR and the Electronic Transactions Act 1999 (Cth).
7.9 Cross-Border Data Transfers
7.9.1 Personal data transferred across jurisdictions will comply with the data protection laws of both the originating and receiving jurisdictions.
7.9.2 Adequate safeguards, such as standard contractual clauses or reliance on adequacy decisions under the GDPR, will be implemented to ensure the security of cross-border data transfers.
7.10 Children’s Privacy
7.10.1 Special considerations will be given to protecting the privacy of children, in compliance with the Children’s Online Privacy Protection Act (COPPA) in the United States and the Privacy Act 1988 (Cth) in Australia.
7.10.2 The platform will not knowingly collect personal data from children under the age of 13 without parental consent, and measures will be implemented to verify such consent.
7.11 Changes to the Privacy Policy
7.11.1 The organization reserves the right to amend this Privacy Policy to reflect changes in law, technology, or organizational practices.
7.11.2 Notice of any significant changes will be communicated to users through the platform or other appropriate means, in compliance with applicable regulations, such as the GDPR’s requirement for transparency.
7.12 Governing Law
7.12.1 The Privacy Policy shall be governed by the laws of the jurisdiction specified in Clause 12 (Governing Law and Jurisdiction).
7.13 Additional Considerations
7.13.1 This Privacy Policy shall be cross-referenced with Clause 6 (User-Generated Content) to ensure alignment with data practices related to user-submitted content.
7.13.2 The Privacy Policy also integrates elements from Clause 24 (User Data and Analytics) and Clause 80 (Data Breach Notification Policy), ensuring comprehensive and cohesive data governance.
8. Third-Party Links and Services
8.1 Disclaimer for Third-Party Links and Content
8.1.1 The inclusion of any link or reference to third-party websites, platforms, or services within this service, hereinafter referred to as "Third-Party Links," is provided for informational purposes only. The operator of this service does not warrant, endorse, guarantee, or assume responsibility for the accuracy, availability, or legality of such Third-Party Links.
8.1.2 Users acknowledge and agree that accessing any Third-Party Link is undertaken entirely at their own risk, and the operator of this service shall not be held liable for any damages, direct or indirect, arising from the use of such Third-Party Links.
8.2 Third-Party Services Integration
8.2.1 Where third-party services are integrated into this platform, such as payment gateways, analytics providers, or other functional services, the user agrees to comply with the terms and conditions of those respective third-party providers.
8.2.2 The operator of this service disclaims all liability for the actions, inactions, or breaches of third-party service providers, including but not limited to data breaches, service interruptions, or non-compliance with applicable laws.
8.3 Intellectual Property Rights in Third-Party Content
8.3.1 All intellectual property rights in content hosted or provided by third parties through Third-Party Links remain the property of the respective third-party content owners.
8.3.2 Users are prohibited from copying, distributing, or otherwise using third-party intellectual property without the express written consent of the respective owner, in accordance with applicable intellectual property laws, including but not limited to the Copyright Act 1968 (Cth), Berne Convention, and other global frameworks.
8.4 Data Sharing with Third Parties
8.4.1 Certain third-party services may require the sharing of user data to enable functionality. Users consent to such data sharing as outlined in the Privacy Policy (see Clause 7), subject to compliance with data protection regulations, including but not limited to the Privacy Act 1988 (Cth), General Data Protection Regulation (GDPR), and California Consumer Privacy Act (CCPA).
8.4.2 The operator shall endeavor to contractually obligate third-party providers to adhere to the highest data protection standards. However, the operator assumes no liability for any breach of data protection obligations by third parties.
8.5 Jurisdictional Considerations
8.5.1 Users accessing Third-Party Links or services from jurisdictions outside Australia acknowledge that such third-party services may be governed by laws and regulations of those jurisdictions.
8.5.2 Any disputes arising from the use of Third-Party Links or services shall be subject to the Governing Law and Jurisdiction provisions as outlined in Clause 12, except where expressly overridden by the terms of the third-party provider.
8.6 Notification of Issues with Third-Party Links
8.6.1 Users are encouraged to report any inaccuracies, malfunctions, or concerns regarding Third-Party Links to the operator immediately.
8.6.2 The operator reserves the right to remove or disable access to any Third-Party Link at its sole discretion without prior notice if deemed inappropriate, harmful, or non-compliant with applicable laws or this agreement.
8.7 No Agency or Partnership with Third Parties
8.7.1 The provision of Third-Party Links or services shall not be construed as creating an agency, partnership, or joint venture relationship between the operator and the third-party provider.
8.7.2 All communications, transactions, and interactions with third parties remain solely between the user and the third party.
8.8 Global Legal Compliance and Cross-Referencing
8.8.1 This clause shall operate in compliance with all applicable international laws and treaties, including but not limited to:
8.8.1.1 The Electronic Transactions Act 1999 (Cth) and Payment Systems (Regulation) Act 1998 (Cth) for online transaction regulations.
8.8.1.2 The Consumer Protection Directive (EU) and FTC Guidelines (USA) for consumer rights concerning third-party advertisements and content.
8.8.1.3 Relevant local laws of states and territories, including the Fair Trading Act 1987 (NSW) for misleading conduct through third-party associations.
8.9 Modifications to Third-Party Link Policies
8.9.1 The operator reserves the right to amend this clause at any time to reflect updates in the legal environment, user feedback, or operational changes, as detailed in Clause 14 (Changes to Terms).
8.9.2 Users will be notified of significant updates affecting third-party integrations in accordance with the communication protocols outlined in Clause 90 (Notice and Communication).
9. Limitation of Liability
9.1. Scope of Liability
9.1.1. The website owner shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of, or inability to use, the website or its services, whether such liability is based in contract, tort, negligence, strict liability, or otherwise.
9.1.2. The limitations outlined in this clause shall apply to all users, regardless of jurisdiction, to the maximum extent permitted by applicable law.
9.2. Exclusion of Liability for Specific Damages
9.2.1. The website owner shall not be held liable for:
9.2.1.1. Loss of profits, revenue, business opportunities, or goodwill.
9.2.1.2. Loss or corruption of data or other intangible losses.
9.2.1.3. Damages resulting from unauthorized access to or alteration of user communications or data.
9.2.1.4. Any interruptions, errors, omissions, or delays in website operations or services.
9.3. Force Majeure
9.3.1. The website owner shall not be liable for failure or delay in performance due to events beyond reasonable control, including but not limited to acts of God, natural disasters, wars, cyberattacks, government actions, labor disputes, or technical failures.
9.3.2. In such events, the website owner will make reasonable efforts to resume services promptly but assumes no liability for delays caused by these circumstances.
9.4. Third-Party Liability Exclusion
9.4.1. The website owner disclaims all liability for content, products, or services provided by third-party links, advertisements, or integrations accessible through the website.
9.4.2. Users acknowledge that interactions with third-party services are governed by their respective terms and conditions, and the website owner bears no responsibility for such interactions.
9.5. Jurisdictional Limitations
9.5.1. In jurisdictions where limitations on liability are not fully enforceable, the website owner’s liability shall be limited to the extent permitted by law.
9.5.2. Users from the European Union, United Kingdom, Australia, or other regions subject to specific consumer protection laws, including but not limited to the General Data Protection Regulation (GDPR), Australian Consumer Law (ACL), and California Consumer Privacy Act (CCPA), are entitled to statutory rights that override conflicting provisions in this clause.
9.6. Indemnity and User Assumption of Risk
9.6.1. Users agree to indemnify and hold harmless the website owner from claims, damages, losses, or expenses arising from:
9.6.1.1. Misuse of the website or its services.
9.6.1.2. Breach of terms or applicable laws by the user.
9.6.2. Users assume all risks associated with the use of the website, including reliance on the accuracy, completeness, or suitability of its content.
9.7. Applicability to International Laws
9.7.1. This clause shall align with international frameworks, including but not limited to the Berne Convention, World Intellectual Property Organization (WIPO) Treaties, and the United Nations Commission on International Trade Law (UNCITRAL) provisions, to ensure compliance across jurisdictions.
9.7.2. The website owner shall not be liable for any discrepancies arising from the interpretation of international or regional laws unless explicitly stated otherwise.
9.8. Consumer Protections and Fair Trading
9.8.1. Notwithstanding the above, the website owner acknowledges obligations under consumer protection laws, including the Australian Consumer Law (ACL), which provides guarantees for goods and services that cannot be excluded or restricted.
9.8.2. Any attempt to limit liability contrary to statutory rights under consumer law shall be null and void to the extent of such inconsistency.
9.9. Dispute Resolution Related to Liability
9.9.1. Any disputes regarding liability limitations shall be resolved through arbitration, mediation, or other dispute resolution mechanisms as outlined in Clause 33 (Dispute Resolution).
9.9.2. Users must provide written notice of claims within 30 days of the alleged incident giving rise to liability, failing which claims shall be deemed waived.
9.10. Limitations Specific to Digital and AI-Generated Content
9.10.1. Liability arising from inaccuracies, errors, or omissions in AI-generated content shall be expressly disclaimed, as outlined in Clause 40 (AI or Machine Learning Outputs).
9.10.2. Users acknowledge the inherent limitations of digital services and agree to use such content at their own discretion and risk.
9.11. Cross-References and Compliance
9.11.1. This clause is to be read in conjunction with Clause 7 (Privacy Policy), Clause 18 (Acceptable Use Policy), Clause 76 (Liability for Third-Party Integrations), and any other relevant clauses governing user interactions and data security.
9.11.2. The website owner reserves the right to update this clause in compliance with evolving legal standards, as stipulated in Clause 14 (Changes to Terms).
10. Disclaimers
10.1 Scope and Purpose
10.1.1 This clause sets out the disclaimers applicable to the functionality, accuracy, reliability, and availability of the website and associated services.
10.1.2 The disclaimers herein are intended to limit liability and ensure transparency regarding the limitations of the website’s performance and the services provided.
10.2 Warranty Disclaimers
10.2.1 The website, its content, and any associated services are provided on an "as is" and "as available" basis.
10.2.2 No representations or warranties of any kind are made, whether express or implied, regarding the operation of the website or the accuracy, completeness, or reliability of the information contained within it.
10.3 Exclusion of Implied Warranties
10.3.1 All implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed to the fullest extent permitted by applicable law.
10.3.2 This exclusion applies to any direct or indirect use of the website, including any reliance on its content for decision-making purposes.
10.4 Functional and Technical Limitations
10.4.1 The website does not warrant uninterrupted or error-free operation, nor does it guarantee that defects will be corrected or that the website or servers hosting it are free of viruses or harmful components.
10.4.2 Users acknowledge that technology, internet connectivity, and third-party services may impact the availability and functionality of the website.
10.5 Content Accuracy and Reliability
10.5.1 The website does not guarantee the accuracy, completeness, or timeliness of any content, information, or material presented on the platform.
10.5.2 Users are responsible for independently verifying the accuracy of information before relying on it for any purpose.
10.5.3 The website explicitly disclaims liability for any errors, omissions, or inaccuracies in the content.
10.6 Third-Party Services and Integrations
10.6.1 The website may contain links to third-party websites, services, or applications.
10.6.2 These third-party integrations are provided for convenience, and the website disclaims all warranties or representations regarding their functionality, accuracy, or reliability.
10.6.3 The website shall not be held responsible for any loss or damage arising from the use of third-party services or reliance on their content.
10.7 Jurisdictional Considerations
10.7.1 This disclaimer shall be interpreted and enforced in accordance with the governing law outlined in Clause 12.
10.7.2 Where applicable, local laws and regulations may impose additional requirements or limit the enforceability of certain disclaimers. Users are advised to consult legal professionals within their jurisdiction for specific advice.
10.8 Global Legal Frameworks
10.8.1 The disclaimers outlined here are designed to comply with international legal frameworks, including but not limited to:
10.8.1.1 The General Data Protection Regulation (GDPR) (EU), regarding transparency of services.
10.8.1.2 The Australian Consumer Law (ACL) under the Competition and Consumer Act 2010, regarding consumer guarantees and misleading representations.
10.8.1.3 The California Consumer Privacy Act (CCPA), regarding data and service reliability representations.
10.8.1.4 The Electronic Transactions Act 1999 (Cth) (Australia) concerning digital interactions and electronic agreements.
10.9 Limitation of Remedies
10.9.1 In jurisdictions where limitations of liability are permitted, the website’s total liability for any claims arising from its use shall not exceed the amount paid by the user for the specific service or subscription, if any.
10.9.2 In the absence of such payment, liability shall be limited to the extent permitted under the applicable laws governing the user agreement.
10.10 Amendments to Disclaimers
10.10.1 The website reserves the right to update or amend these disclaimers at any time, as specified in Clause 14 regarding Changes to Terms.
10.10.2 Users are encouraged to review the disclaimers periodically to ensure awareness of any modifications or updates.
10.11 Acknowledgment by Users
10.11.1 By using the website or its services, users explicitly acknowledge and agree to the disclaimers outlined herein.
10.11.2 Failure to adhere to these terms or reliance on the website contrary to these disclaimers may result in limited remedies or exclusion of liability, as outlined in Clause 9 concerning Limitation of Liability.
10.12 Integration with Other Clauses
10.12.1 This clause should be read in conjunction with related provisions, including but not limited to:
10.12.1.1 Clause 9 (Limitation of Liability), regarding the extent of liability for website performance.
10.12.1.2 Clause 18 (Acceptable Use Policy), ensuring users do not misuse the website in a manner that exceeds its intended functionality.
10.12.1.3 Clause 12 (Governing Law and Jurisdiction), specifying applicable legal frameworks.
10.12.1.4 Clause 80 (Data Breach Notification Policy), concerning the website’s obligations in the event of service disruption or compromise of data integrity.
10.13 Severability of Disclaimers
10.13.1 If any part of this disclaimer is found to be invalid or unenforceable under applicable law, the remainder of the disclaimers shall continue to apply to the fullest extent permitted by law.
10.14 Global Compliance Review
10.14.1 Regular audits and reviews shall be conducted to ensure compliance with evolving legal standards, including international treaties and jurisdictional requirements.
10.14.2 Updates or revisions to this clause will be made in alignment with the provisions of Clause 14 (Changes to Terms).
11. Termination
11.1 Conditions for Termination
The termination of user access to services, accounts, or any associated platform features shall occur under specific conditions outlined herein. Termination may be initiated by the service provider or the user, subject to the following sub-clauses:
11.1.1 Termination by the Service Provider
The service provider reserves the right to terminate user access in the following circumstances:
11.1.1.1 Breach of Terms: Where the user violates any provision of these Terms and Conditions, including but not limited to Clauses 4 (User Responsibilities), 6 (User-Generated Content), and 18 (Acceptable Use Policy).
11.1.1.2 Fraudulent Activity: Engagement in fraudulent, misleading, or deceptive practices that contravene laws such as the Australian Consumer Law (ACL) or other global regulations, such as the Federal Trade Commission (FTC) Guidelines in the USA.
11.1.1.3 Non-Payment: Failure to fulfill payment obligations as outlined in Clause 15 (Refunds and Payments), including recurring payments under Clause 22 (Subscriptions and Recurring Payments).
11.1.1.4 Legal Compliance: Where termination is required to comply with applicable laws, regulations, or legal orders, including but not limited to the Privacy Act 1988 (Cth) in Australia, GDPR in the European Union, or the Cybercrime Act 2001 (Cth).
11.1.1.5 Prohibited Activities: Involvement in activities prohibited under Clause 75 (Prohibited Uses of Services), such as reverse engineering, data scraping, or any violation of intellectual property rights outlined in Clause 5 (Intellectual Property Rights).
11.1.2 Termination by the User
The user may terminate their account or access to the services under the following conditions:
11.1.2.1 Voluntary Closure: Submission of a request for account closure, provided no outstanding obligations exist under Clause 15 or Clause 21 (E-Commerce Terms).
11.1.2.2 Breach by the Service Provider: If the service provider fails to meet obligations outlined in Clause 7 (Privacy Policy) or Clause 25 (Security), the user may seek termination and pursue remedies as permitted under Clause 33 (Dispute Resolution).
11.2 Notice of Termination
Termination, whether initiated by the service provider or the user, shall adhere to the following notice procedures:
11.2.1 Provider-Initiated Termination: The service provider will issue a written notice via email or other registered communication methods, specifying the reason for termination and effective date.
11.2.2 User-Initiated Termination: The user must submit a written notice through the designated account management portal or other approved channels.
11.3 Effects of Termination
Upon termination of access, the following provisions shall apply:
11.3.1 Account Deactivation: User accounts, including associated data, content, and analytics under Clause 24 (User Data and Analytics), shall be deactivated.
11.3.2 Content Retention: The service provider may retain user-generated content as permitted under Clause 6 (User-Generated Content) and applicable laws such as the Copyright Act 1968 (Cth) or GDPR, provided such retention complies with Clause 56 (Data Portability) and Clause 80 (Data Breach Notification Policy).
11.3.3 Financial Obligations: All pending payments, including subscription fees or outstanding charges, must be settled in accordance with Clause 15 and Clause 22.
11.4 Appeal of Termination
Users who believe termination was unjustified may appeal as follows:
11.4.1 Submission of Appeal: An appeal must be submitted within 30 days of termination, providing evidence to dispute the reasons cited by the service provider.
11.4.2 Review Process: The service provider shall review the appeal within 14 days, adhering to procedural fairness under applicable consumer protection laws such as ACL or GDPR.
11.4.3 Reinstatement: If the appeal is upheld, access to services will be reinstated, and any penalties or charges associated with termination will be refunded as per Clause 70 (Refund Processing Times).
11.5 Governing Law and Jurisdiction for Termination Disputes
Disputes arising from termination shall be governed by Clause 12 (Governing Law and Jurisdiction). The user and the service provider agree to resolve disputes under the jurisdiction and laws specified therein, with reference to Clause 33 (Dispute Resolution).
11.6 International Considerations
Termination processes shall account for jurisdictional variations, including compliance with:
11.6.1 GDPR (EU): Rights of data portability and erasure under Article 17 ("Right to be Forgotten").
11.6.2 CCPA (USA): Obligations to notify users of data retention policies post-termination.
11.6.3 Australian Consumer Law (ACL): Protection against unfair contract terms or deceptive practices in termination clauses.
11.7 Modifications to Termination Provisions
The service provider reserves the right to amend this clause in accordance with Clause 14 (Changes to Terms), ensuring compliance with evolving legal standards such as the NIST Cybersecurity Framework or the EU Cybersecurity Act.
12. Governing Law and Jurisdiction
12.1 Primary Legal Framework
12.1.1 This Agreement shall be governed by and construed in accordance with the laws of Australia, specifically the applicable federal, state, and territory laws, including but not limited to:
12.1.1.1 The Competition and Consumer Act 2010 (Cth), including Schedule 2, the Australian Consumer Law (ACL), which provides protections for consumers and obligations for businesses.
12.1.1.2 The Privacy Act 1988 (Cth) and its associated Australian Privacy Principles (APPs), governing the handling of personal information collected or processed under this Agreement.
12.1.1.3 Relevant intellectual property statutes, such as the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth), to protect the rights arising under this Agreement.
12.1.2 Where applicable, this Agreement may also be subject to international frameworks, including but not limited to:
12.1.2.1 The General Data Protection Regulation (GDPR) of the European Union, if personal data from EU residents is processed.
12.1.2.2 The California Consumer Privacy Act (CCPA), applicable to California residents if they interact with services under this Agreement.
12.1.2.3 The Berne Convention for the Protection of Literary and Artistic Works, ensuring global copyright compliance.
12.2 Jurisdiction of Courts
12.2.1 The parties agree to submit to the exclusive jurisdiction of the courts located within:
12.2.1.1 The state of South Australia, for any disputes arising under this Agreement, unless otherwise stipulated under sub-clauses herein.
12.2.1.2 Federal courts within Australia where federal legislation governs the subject matter.
12.2.1.3 Alternate jurisdictions as specifically agreed to in writing by all parties prior to proceedings.
12.2.2 Disputes involving international parties or activities conducted across borders shall be addressed in accordance with:
12.2.2.1 The United Nations Convention on Contracts for the International Sale of Goods (CISG), where applicable.
12.2.2.2 The rules of arbitration under the UNCITRAL Arbitration Rules, subject to sub-clause 12.4.
12.3 Choice of Law Clauses
12.3.1 Any conflicting choice of law clause included in ancillary agreements or terms shall be subordinate to this Clause 12 unless explicitly stated otherwise.
12.3.2 In the event of ambiguity regarding applicable law, precedence shall be given to:
12.3.2.1 Australian federal laws.
12.3.2.2 State and territory laws where the principal place of business of the entity resides.
12.4 Alternative Dispute Resolution (ADR)
12.4.1 The parties agree to attempt to resolve disputes through mediation before proceeding to litigation or arbitration.
12.4.1.1 Mediation shall be conducted in accordance with the Australian National Mediator Standards.
12.4.1.2 Costs associated with mediation shall be borne equally by the parties unless otherwise agreed.
12.4.2 In the event mediation fails, the parties agree to binding arbitration under:
12.4.2.1 The Australian Centre for International Commercial Arbitration (ACICA) Rules for domestic disputes.
12.4.2.2 The International Chamber of Commerce (ICC) Arbitration Rules for international disputes.
12.4.3 Arbitration outcomes shall be final and binding, subject to enforcement under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
12.5 Recognition of Multi-Jurisdictional Laws
12.5.1 This Agreement acknowledges the layered nature of multi-jurisdictional compliance, ensuring adherence to:
12.5.1.1 Local state and territory laws, such as the Fair Trading Act 1987 (SA).
12.5.1.2 Federal laws, including but not limited to the Cybercrime Act 2001 (Cth), ensuring protection against unauthorized access and online offenses.
12.5.1.3 Relevant international laws and treaties that extend jurisdictional authority.
12.6 Global Jurisdictional Limitations
12.6.1 The application of this Clause 12 does not waive sovereign immunities or limitations recognized under international law.
12.6.2 Parties operating in jurisdictions with specific restrictions, such as compliance with the EU Cybersecurity Act or local data protection laws, must notify all other parties to ensure compliance.
12.7 Updates and Amendments to Governing Law
12.7.1 In the event of legislative amendments, the governing law clause shall adapt dynamically to include updates, such as:
12.7.1.1 Changes to the Australian Consumer Law to address emerging digital consumer protections.
12.7.1.2 Global regulatory shifts, such as amendments to the GDPR or other privacy frameworks.
12.8 Specific Carve-Outs and Exceptions
12.8.1 For services provided under this Agreement that involve unique jurisdictions or contexts, the following carve-outs may apply:
12.8.1.1 Compliance with the United States Federal Trade Commission (FTC) guidelines for deceptive online practices.
12.8.1.2 Adherence to jurisdiction-specific taxation laws, such as Australian GST regulations and the international obligations under OECD Guidelines for Multinational Enterprises.
12.8.2 Where a specific clause or law is invalidated under any jurisdiction, this shall not affect the validity of the remainder of the Agreement.
13. Indemnification
13.1. User Obligations for Indemnification
The user agrees to indemnify, defend, and hold harmless the company, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to:
13.1.1. The user’s breach of these terms and conditions, including but not limited to the Acceptable Use Policy under Clause 18.
13.1.2. The user’s violation of any applicable law, regulation, or third-party rights, including intellectual property rights as outlined in Clause 5.
13.1.3. Content uploaded, shared, or otherwise disseminated by the user under Clause 6, which infringes upon or misappropriates any intellectual property or proprietary right of any third party.
13.2. Scope of Indemnification
Indemnification obligations extend to all jurisdictions where the company operates or is registered, ensuring compliance with local, national, and international laws. This includes but is not limited to:
13.2.1. Australian consumer protection laws under the Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law).
13.2.2. International frameworks such as the General Data Protection Regulation (GDPR) for breaches related to personal data of EU residents.
13.2.3. Cybersecurity and intellectual property protections under the Berne Convention, WIPO Internet Treaties, and local cybersecurity regulations.
13.3. Exclusions to Indemnification
The company reserves the right to deny indemnification claims in the following circumstances:
13.3.1. If the claim arises from the company’s own negligence or willful misconduct.
13.3.2. If the claim pertains to an activity explicitly authorized by the company under Clause 12 (Termination).
13.3.3. In jurisdictions where indemnification agreements are limited by statutory provisions, such as certain consumer rights under state-based Fair Trading Acts in Australia.
13.4. Notice and Procedure for Indemnification
To invoke indemnification, the following steps must be adhered to:
13.4.1. Notification
The indemnified party must promptly notify the indemnifying party in writing of the claim. Such notice must include all relevant facts, documentation, and any related correspondence.
13.4.2. Assumption of Defense
The indemnifying party will have the right, but not the obligation, to assume control of the defense of the claim. If assumed, they will bear the costs associated with defense, settlement, and any damages awarded.
13.4.3. Settlement Approval
No settlement may be entered into without the prior written consent of the indemnified party, which may not be unreasonably withheld.
13.5. International Variations in Indemnification Enforcement
The enforcement of indemnification clauses may vary across jurisdictions. The user acknowledges and agrees that:
13.5.1. In Australia, indemnification is subject to restrictions under the Unfair Contract Terms provisions of the Australian Consumer Law.
13.5.2. In the United States, indemnification must comply with federal guidelines, including FTC rules on consumer protection.
13.5.3. In the European Union, GDPR provisions may impose direct liability on both data controllers and processors, potentially limiting indemnity applicability.
13.6. Third-Party Claims and Class Actions
Indemnification extends to third-party claims but does not absolve the user from liability for participating in class actions or collective lawsuits.
13.6.1. Any class action initiated in contravention of governing law (Clause 12) will result in immediate forfeiture of indemnity rights.
13.6.2. Users are prohibited from including the company in class actions related to third-party integrations or external breaches unless explicitly covered under Clause 9 (Limitation of Liability).
13.7. Termination of Indemnification Obligations
Indemnification obligations survive termination of the agreement as outlined in Clause 11 (Termination), remaining in force for a period consistent with statutory limitations across jurisdictions.
13.7.1. In Australia, indemnification may extend for six years post-termination in compliance with the Limitation Act 1969 (NSW) and equivalent state-based statutes.
13.7.2. In the European Union, indemnity clauses must align with the ten-year statute of limitations for contractual claims under the Rome I Regulation.
13.8. Governing Law and Dispute Resolution
All disputes arising under or related to this indemnification clause will be resolved in accordance with Clause 12 (Governing Law and Jurisdiction).
14. Changes to Terms
14.1. Right to Modify Terms
The company reserves the sole right to amend, revise, or update these terms and conditions at its discretion. Such changes will be effective immediately upon publication on the company’s official website or notification to the user, unless stated otherwise.
14.1.1. Users will be notified through one or more of the following methods:
14.1.1.1. Email notification to the registered email address.
14.1.1.2. Prominent announcement on the company’s homepage or user dashboard.
14.1.1.3. Notifications through other communication channels provided by the user.
14.1.2. Changes will include the effective date and a clear summary of amendments, ensuring compliance with applicable transparency requirements under consumer protection laws.
14.2. User Acknowledgment and Acceptance
By continuing to access or use the company’s services after any modifications to these terms, the user acknowledges and agrees to the revised terms.
14.2.1. Users are advised to regularly review these terms to ensure continued understanding and compliance.
14.2.2. In the event of significant changes, the company may require explicit acceptance of the new terms via affirmative action, such as clicking an acceptance button or checking a box.
14.3. Scope of Revisions
Revisions may include, but are not limited to:
14.3.1. Adjustments to the Privacy Policy (Clause 7) to reflect changes in data protection laws, including updates under the Australian Privacy Act 1988 (Cth) and GDPR.
14.3.2. Amendments to the Limitation of Liability (Clause 9) to address evolving risks or regulatory requirements.
14.3.3. Updates to the Acceptable Use Policy (Clause 18) in response to emerging technological misuse or new standards in digital ethics.
14.4. Regulatory Compliance and Mandatory Updates
Certain changes may be mandated by law or regulatory authorities, including but not limited to:
14.4.1. Australian Consumer Law amendments under the Competition and Consumer Act 2010.
14.4.2. GDPR updates and their application to the processing of personal data for users in the European Economic Area.
14.4.3. Compliance with new cybersecurity frameworks, such as the NIST Cybersecurity Framework or Security of Critical Infrastructure Act 2018 (Cth).
14.5. Notice Period for Material Changes
For changes deemed material, the company will provide at least 30 days’ advance notice unless otherwise required by law.
14.5.1. Material changes include, but are not limited to:
14.5.1.1. Alterations to the user’s obligations under Clause 4 (User Responsibilities).
14.5.1.2. Substantial modifications to payment terms outlined in Clause 15 (Refunds and Payments).
14.5.1.3. New fees, surcharges, or penalties not previously disclosed in the terms.
14.6. Rejection of Terms and Termination Rights
If the user does not agree to the amended terms, they must cease using the services immediately and may exercise their right to terminate the agreement as per Clause 11 (Termination).
14.6.1. Termination under this sub-clause does not absolve the user of obligations accrued under the prior terms, including indemnity and outstanding payments.
14.7. Dispute Resolution for Changes to Terms
Any disputes arising from the modification of terms shall be addressed under Clause 33 (Dispute Resolution), including mediation, arbitration, or other legally required processes.
14.8. Retention of Rights
The company retains all rights to enforce both the original and revised terms during any transition period.
14.9. Global Considerations for Changes
Changes to terms shall consider the following jurisdictional requirements:
14.9.1. In Australia, amendments must not contravene provisions of the Unfair Contract Terms under the Australian Consumer Law.
14.9.2. In the United States, updates must adhere to the Federal Trade Commission’s guidelines on clear and conspicuous disclosure of consumer agreements.
14.9.3. In the European Union, terms must comply with Article 6 of the GDPR, ensuring that any changes to data handling practices meet lawful processing standards.
14.10. Historical Archive of Terms
The company will maintain an archive of previous terms for transparency and record-keeping, accessible upon request:
14.10.1. Users may request archived terms via the designated contact channels under Clause 16 (Contact Information).
15. Refunds and Payments
15.1. General Payment Obligations
The user agrees to pay all applicable fees, charges, and taxes associated with the services or products as specified at the time of purchase. Payment terms, including due dates and methods, are as follows:
15.1.1. Payments must be made in the currency stated in the invoice or order confirmation.
15.1.2. Accepted payment methods include, but are not limited to, credit cards, debit cards, bank transfers, and authorized third-party payment gateways.
15.1.3. All payments are subject to verification and approval by the payment processor or financial institution.
15.2. Subscription and Recurring Payments
For services or products offered on a subscription basis:
15.2.1. Users will be charged recurring fees on the schedule disclosed at the time of subscription.
15.2.2. The company may provide advance notice of recurring charges, including changes in subscription fees, in compliance with Clause 14 (Changes to Terms).
15.2.3. The user may cancel subscriptions at any time, subject to the cancellation policy outlined under Clause 22 (Subscriptions and Recurring Payments).
15.3. Refund Policy
Refund eligibility, processes, and limitations are as follows:
15.3.1. Refunds will be issued only under the conditions specified at the time of purchase or as required by applicable consumer protection laws, including but not limited to:
15.3.1.1. Australian Consumer Law provisions ensuring refunds for goods or services that fail to meet guarantees of acceptable quality or fitness for purpose.
15.3.1.2. European Union Directive on Consumer Rights, allowing refunds for digital or physical products returned within statutory cooling-off periods.
15.3.1.3. U.S. Federal Trade Commission guidelines on refund transparency and fair practices.
15.3.2. Requests for refunds must be submitted within the stipulated refund period, accompanied by proof of purchase and a description of the issue.
15.3.3. Refunds will be processed within a reasonable timeframe, typically 14 to 30 business days, depending on the payment method used.
15.4. Disputed Payments
If the user disputes a payment or charge:
15.4.1. The user must notify the company within 30 days of the charge appearing on their account statement.
15.4.2. The company will investigate the dispute and provide a resolution within 45 days, in accordance with relevant financial and consumer protection laws.
15.4.3. Users are prohibited from initiating chargebacks without first seeking resolution through the company’s customer support channels.
15.5. Late Payments and Penalties
Late payments may incur penalties or interest as follows:
15.5.1. A late payment fee of up to 5% of the overdue amount may be applied.
15.5.2. Interest on overdue amounts will be charged at the rate permitted under applicable jurisdictional laws, such as the Australian National Credit Code or the U.S. Truth in Lending Act.
15.5.3. The company reserves the right to suspend or terminate access to services for accounts with overdue balances exceeding 30 days.
15.6. Tax Obligations
The user is responsible for all applicable taxes, duties, and levies related to purchases.
15.6.1. Goods and Services Tax (GST) applies to purchases made within or delivered to Australia, as required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
15.6.2. Value-Added Tax (VAT) may apply to purchases made within the European Union, in compliance with Directive 2006/112/EC.
15.6.3. Users must provide accurate tax information if requested, and any false declarations may result in penalties under local tax laws.
15.7. Payment Gateway and Transaction Policies
Payments processed through third-party gateways are subject to the terms and conditions of those providers.
15.7.1. The company disclaims liability for delays, errors, or unauthorized transactions arising from the use of third-party payment systems.
15.7.2. Users are advised to review the privacy and security policies of payment processors before completing transactions.
15.8. Dynamic Pricing and Promotions
Prices may vary based on dynamic pricing models, promotional offers, or regional adjustments.
15.8.1. Promotional prices are valid only for the period specified in the offer and cannot be retroactively applied to prior purchases.
15.8.2. The company reserves the right to modify prices or terminate promotions without prior notice, except where prohibited by law.
15.9. Refund Exclusions
Certain products or services may be non-refundable, including:
15.9.1. Custom or personalized goods created according to the user’s specifications.
15.9.2. Digital downloads or content once accessed or downloaded by the user, unless defective or otherwise non-functional.
15.9.3. Subscriptions canceled outside of the allowable cancellation period.
15.10. Termination of Payment Obligations
Payment obligations survive the termination of services under Clause 11 (Termination) for any unpaid balances or charges incurred before termination.
15.11. Governing Law and Dispute Resolution
All disputes related to payments, refunds, or financial obligations will be governed by Clause 12 (Governing Law and Jurisdiction) and resolved under the procedures outlined in Clause 33 (Dispute Resolution).
16. Contact Information
16.1. General Contact Details
The company provides multiple channels for users to reach out regarding inquiries, disputes, or other matters concerning these terms and conditions.
16.1.1. Primary contact methods include:
16.1.1.1. Email: [Insert Company Email Address].
16.1.1.2. Telephone: [Insert Company Phone Number].
16.1.1.3. Mailing Address: [Insert Company Physical or Registered Address].
16.1.2. The user must ensure all communications include sufficient details to identify their account or transaction, such as:
16.1.2.1. Full name and contact details.
16.1.2.2. Relevant account or order numbers.
16.1.2.3. A clear description of the issue or query.
16.2. Designated Contact for Legal Notices
Legal notices must be addressed to the company’s designated legal representative, as follows:
16.2.1. All legal correspondence, including notifications under Clause 13 (Indemnification), must be sent to the Legal Department at the mailing address provided above.
16.2.2. Legal notices must be sent via a method that ensures receipt, such as registered mail or courier service.
16.3. Data Protection and Privacy Contact
For matters related to data privacy and protection, users may contact the Data Protection Officer (DPO):
16.3.1. Email: [Insert DPO Email Address].
16.3.2. This contact is specifically for issues arising under Clause 7 (Privacy Policy) or applicable laws such as the Australian Privacy Act 1988 (Cth) or GDPR.
16.4. Customer Support and Technical Assistance
For general customer support or technical issues, users may use:
16.4.1. A dedicated support portal accessible via the company website.
16.4.2. Live chat functionality during business hours.
16.4.3. A toll-free number, where available, for expedited assistance.
16.5. Response Timeframes
The company endeavors to respond to all inquiries within the following timeframes:
16.5.1. General inquiries: Within five business days.
16.5.2. Legal and privacy matters: Within 14 business days, unless otherwise specified under applicable law.
16.5.3. Urgent technical issues: Within 24 hours for critical service interruptions.
16.6. Cross-Jurisdictional Contact Requirements
The user acknowledges and agrees that specific regional offices or representatives may handle contact for jurisdiction-specific issues.
16.6.1. In the European Union, data protection queries must comply with Article 37 of the GDPR.
16.6.2. In Australia, complaints relating to consumer guarantees under the Australian Consumer Law can also be directed to the Office of Fair Trading in the relevant state.
16.6.3. In the United States, queries on compliance with the Federal Trade Commission guidelines must be directed to the U.S. regional office, if applicable.
16.7. Record of Communications
The company reserves the right to maintain records of all communications with users for a minimum period of seven years.
16.7.1. Such records may be used for dispute resolution, quality control, or legal compliance purposes.
16.7.2. All records will be handled in compliance with Clause 7 (Privacy Policy) and relevant data protection laws.
16.8. Changes to Contact Information
The company reserves the right to update or modify its contact details at any time.
16.8.1. Any changes will be communicated to users via the methods outlined in Clause 14 (Changes to Terms).
16.8.2. Users are responsible for ensuring they have the most current contact information to maintain effective communication.
16.9. Prohibited Communications
Users are prohibited from using contact methods for the following purposes:
16.9.1. Sending unsolicited marketing or spam communications, as governed by the Spam Act 2003 (Cth) in Australia.
16.9.2. Engaging in abusive, threatening, or harassing conduct, which may result in the suspension of services under Clause 11 (Termination).
16.10. Third-Party Inquiries
Inquiries made on behalf of users by authorized representatives must include appropriate documentation of authorization.
16.10.1. This includes, but is not limited to, power of attorney documents or written consent.
17. Miscellaneous
17.1. Entire Agreement
These terms and conditions, together with any referenced policies or documents incorporated herein, constitute the entire agreement between the user and the company.
17.1.1. This agreement supersedes all prior or contemporaneous understandings, communications, or representations, whether oral or written, regarding the subject matter contained herein.
17.1.2. In cases where additional agreements (e.g., end-user license agreements, beta testing agreements) are executed, those agreements will govern to the extent they explicitly conflict with these terms.
17.2. Severability
If any provision of these terms is found to be unlawful, void, or unenforceable under applicable law:
17.2.1. Such provision shall be modified or limited only to the extent necessary to comply with applicable legal requirements.
17.2.2. The remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
17.3. Waiver of Rights
Failure by the company to enforce any provision of these terms or to respond to a breach by the user shall not constitute a waiver of the company’s rights.
17.3.1. Any waiver must be explicitly stated in writing and signed by an authorized representative of the company.
17.3.2. A waiver of any specific breach does not constitute a waiver of any other breach, whether of the same or different nature.
17.4. Assignment
The user may not assign or transfer their rights or obligations under these terms without the prior written consent of the company.
17.4.1. The company reserves the right to assign, transfer, or delegate its rights and obligations without restriction.
17.4.2. Any unauthorized assignment or transfer by the user shall be deemed null and void.
17.5. Force Majeure
The company shall not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, as further detailed in Clause 30 (Force Majeure).
17.6. Interpretation
The headings and subheadings used in these terms are provided for convenience only and shall not affect the interpretation of the provisions.
17.6.1. In the event of any ambiguity, the terms shall be construed in favor of compliance with applicable law, including consumer protection statutes such as the Australian Consumer Law and GDPR.
17.7. Third-Party Beneficiaries
Except as explicitly stated, these terms do not create any third-party beneficiary rights.
17.7.1. Third parties may enforce certain provisions only if explicitly provided under local law, such as statutory rights under the Competition and Consumer Act 2010 (Cth).
17.8. Jurisdiction-Specific Provisions
Certain provisions of these terms may be supplemented or modified to comply with specific jurisdictional requirements, including but not limited to:
17.8.1. Additional language addressing the rights of California residents under the California Consumer Privacy Act (CCPA).
17.8.2. Amendments required for compliance with the Electronic Transactions Act 1999 (Cth) in Australia regarding electronic contracts and notices.
17.9. Notices and Communications
All notices required under these terms shall be provided in accordance with Clause 16 (Contact Information).
17.9.1. Notices sent via email will be deemed received 24 hours after dispatch unless a delivery failure notification is received.
17.9.2. Notices sent via registered mail or courier service will be deemed received upon confirmation of delivery.
17.10. Governing Language
These terms have been drafted in English.
17.10.1. Translations into other languages are provided for convenience only.
17.10.2. In the event of any discrepancy between the English version and a translated version, the English version shall prevail.
17.11. Survival of Terms
Provisions of these terms that by their nature extend beyond termination or expiration shall survive, including but not limited to:
17.11.1. Indemnification obligations under Clause 13.
17.11.2. Limitation of Liability under Clause 9.
17.11.3. Payment obligations and refund provisions under Clause 15.
17.12. Ethical Standards and Compliance
The user and the company agree to uphold ethical standards in all interactions under these terms, consistent with global best practices.
17.12.1. Both parties affirm compliance with anti-bribery and anti-corruption laws, such as the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act 2010.
17.12.2. Violations of these standards may result in immediate termination of services and referral to the relevant authorities.
17.13. Precedence in Conflicts
In the event of a conflict between these terms and any ancillary agreements or policies, the following order of precedence shall apply:
17.13.1. Mandatory local laws and regulations.
17.13.2. These terms and conditions.
17.13.3. Specific product or service agreements.
18. Acceptable Use Policy
18.1. Purpose and Applicability
The Acceptable Use Policy outlines the standards and guidelines that govern the user’s use of the company’s services, ensuring compliance with legal, ethical, and operational requirements.
18.1.1. This policy applies to all users, including individual users, corporate entities, and third-party affiliates, who access, interact with, or utilize the company’s services or platforms.
18.1.2. Users agree to abide by this policy in conjunction with the terms and conditions, privacy policies, and applicable laws and regulations referenced herein.
18.2. Prohibited Activities
The user is strictly prohibited from engaging in the following activities:
18.2.1. Illegal Activities
18.2.1.1. Using the platform to engage in or promote unlawful activities, including but not limited to fraud, money laundering, or the distribution of illegal content.
18.2.1.2. Violating local, national, or international laws, such as the Cybercrime Act 2001 (Cth) in Australia or the Computer Fraud and Abuse Act (CFAA) in the United States.
18.2.2. Harmful Content and Conduct
18.2.2.1. Uploading, sharing, or transmitting harmful, abusive, defamatory, or discriminatory content, in violation of Clause 10 (Disclaimers) and applicable anti-discrimination laws.
18.2.2.2. Engaging in harassment, bullying, or other abusive behaviors that violate safe space principles outlined in Clause 60 (Anti-Harassment and Safe Space Policy).
18.2.3. Unauthorized Access and Security Breaches
18.2.3.1. Attempting to gain unauthorized access to company systems, user accounts, or restricted areas of the platform, in violation of cybersecurity standards such as the NIST Cybersecurity Framework.
18.2.3.2. Deploying malware, spyware, phishing schemes, or other malicious tools.
18.2.4. Infringement of Intellectual Property
18.2.4.1. Using the platform to distribute or upload content that infringes on third-party intellectual property rights, as outlined in Clause 5 (Intellectual Property Rights).
18.2.4.2. Reverse engineering, decompiling, or otherwise attempting to derive the source code of proprietary software, in violation of Clause 62 (Reverse Engineering or Data Scraping).
18.3. User Responsibilities
Users must take the following measures to ensure compliance with the Acceptable Use Policy:
18.3.1. Maintain accurate and up-to-date account information, as required under Clause 19 (Account Management).
18.3.2. Use services solely for their intended purposes, as outlined in service-specific agreements or descriptions.
18.3.3. Report suspicious activities, security vulnerabilities, or violations of this policy to the designated contact channels in Clause 16 (Contact Information).
18.4. Content Moderation and Reporting
The company reserves the right to monitor, review, and remove user-generated content that violates this policy or applicable laws, as described in Clause 20 (Content Moderation and Reporting).
18.4.1. Moderation actions may include warnings, suspensions, or permanent account bans for repeated violations.
18.4.2. The company may report prohibited activities to law enforcement or regulatory bodies where required by law.
18.5. Compliance with International Standards
The user agrees to comply with all relevant international laws and standards, including but not limited to:
18.5.1. GDPR compliance for activities involving the personal data of EU residents.
18.5.2. Adherence to the Berne Convention for respecting intellectual property in digital content.
18.5.3. Prohibition against the dissemination of spam or unsolicited communications under the Spam Act 2003 (Cth) in Australia and CAN-SPAM Act (U.S.).
18.6. Consequences of Non-Compliance
Violation of this Acceptable Use Policy may result in the following actions:
18.6.1. Immediate suspension or termination of user accounts under Clause 11 (Termination).
18.6.2. Legal action, including claims for damages or injunctions to prevent further violations.
18.6.3. Notification to relevant authorities for criminal violations, such as breaches of the Cybercrime Act 2001 (Cth).
18.7. Amendments and Updates
This policy is subject to updates under Clause 14 (Changes to Terms).
18.7.1. Users will be notified of significant changes and are encouraged to review this policy regularly to remain informed of their obligations.
18.8. Regional and Jurisdictional Variations
The user acknowledges that the Acceptable Use Policy may be supplemented or modified to address specific regional requirements:
18.8.1. In Australia, compliance with the Telecommunications Act 1997 (Cth) regarding digital communications and online conduct.
18.8.2. In the European Union, alignment with the Digital Services Act and other regulatory frameworks governing online platforms.
18.8.3. In the United States, adherence to the Communications Decency Act and related legislation.
18.9. Ethical Standards
The user agrees to uphold the ethical principles underlying this policy, including respect for diversity, inclusivity, and digital citizenship.
19. Account Management
19.1. Account Creation and Maintenance
The user is responsible for creating and maintaining their account in accordance with the requirements outlined in this clause.
19.1.1. Account Information
19.1.1.1. The user must provide accurate, complete, and current information during the registration process.
19.1.1.2. The user agrees to promptly update account information to reflect any changes, including but not limited to contact details, payment methods, and addresses.
19.1.2. Eligibility for Account Ownership
19.1.2.1. Only individuals or entities meeting the eligibility criteria outlined in Clause 3 (Eligibility) may create an account.
19.1.2.2. Users under the age of majority in their jurisdiction must obtain parental or guardian consent as required under Clause 29 (Children’s Online Privacy Protection).
19.2. Account Security
The user is responsible for maintaining the confidentiality and security of their account credentials.
19.2.1. Authentication and Authorization
19.2.1.1. The user must use strong, unique passwords and, where available, enable multi-factor authentication for enhanced security.
19.2.1.2. Sharing of login credentials with unauthorized parties is strictly prohibited and constitutes a breach of this clause.
19.2.2. Notification of Unauthorized Access
19.2.2.1. The user must immediately notify the company of any unauthorized access or suspected security breaches involving their account.
19.2.2.2. The company disclaims liability for losses incurred due to unauthorized access resulting from the user’s failure to secure their account credentials.
19.3. Account Usage and Restrictions
The user agrees to use their account solely for its intended purposes and in compliance with Clause 18 (Acceptable Use Policy).
19.3.1. Prohibited Uses
19.3.1.1. Accounts may not be used for fraudulent, unlawful, or abusive activities.
19.3.1.2. Accounts may not be sold, transferred, or sub-licensed to third parties without the company’s express written consent.
19.3.2. Multi-User Accounts
19.3.2.1. For accounts designated for organizational or multi-user access, the account owner remains liable for all activities conducted under the account.
19.3.2.2. Access permissions must be managed to prevent unauthorized usage by employees, contractors, or third parties.
19.4. Account Suspension and Termination
The company reserves the right to suspend or terminate user accounts in the following circumstances:
19.4.1. Breach of Terms
19.4.1.1. Violations of these terms, including but not limited to breaches of Clause 18 (Acceptable Use Policy) or Clause 15 (Refunds and Payments).
19.4.1.2. Misrepresentation of information provided during account creation or maintenance.
19.4.2. Inactivity
19.4.2.1. Accounts inactive for a period exceeding 12 months may be subject to termination under Clause 88 (Termination for Inactivity).
19.4.3. Legal or Regulatory Compliance
19.4.3.1. Termination required to comply with applicable laws, regulations, or legal orders.
19.5. Data Portability and Account Closure
Users may close their accounts and request the transfer or deletion of their personal data in accordance with Clause 56 (Data Portability).
19.5.1. Account Closure Requests
19.5.1.1. Users must submit a written request for account closure through the designated channels outlined in Clause 16 (Contact Information).
19.5.1.2. The company will process account closure requests within 30 days, unless legal obligations require the retention of certain data.
19.5.2. Data Retention After Closure
19.5.2.1. Limited data may be retained post-closure for compliance with laws such as the Australian Privacy Act 1988 (Cth) or GDPR.
19.5.2.2. Anonymized data may be retained for statistical, research, or operational purposes.
19.6. Jurisdictional Considerations
Account management practices shall comply with applicable laws and regulations, including but not limited to:
19.6.1. Requirements for age verification under the Children’s Online Privacy Protection Act (COPPA) in the United States.
19.6.2. Data processing and user rights under GDPR for accounts held by EU residents.
19.6.3. Provisions under the Australian Consumer Law for account-related complaints and resolutions.
19.7. Disputes Related to Accounts
Disputes arising from account management or access will be governed by the dispute resolution mechanisms outlined in Clause 33 (Dispute Resolution).
19.7.1. Users retain the right to escalate unresolved account issues to appropriate regulatory bodies, such as the Office of the Australian Information Commissioner (OAIC) for privacy matters.
19.8. Amendments to Account Management Practices
The company reserves the right to modify account management requirements under Clause 14 (Changes to Terms).
19.8.1. Users will be notified of material changes impacting account creation, usage, or closure.
20. Content Moderation and Reporting
20.1. Purpose and Scope
This clause establishes the framework for the moderation, review, and reporting of user-generated content (UGC) on the company’s platform to ensure compliance with the terms and applicable laws.
20.1.1. Content moderation is intended to safeguard the integrity of the platform, protect users from harm, and uphold the principles outlined in Clause 18 (Acceptable Use Policy).
20.1.2. This clause applies to all forms of UGC, including text, images, videos, links, comments, and other materials shared or uploaded by users.
20.2. Moderation Standards
The company reserves the right to review, monitor, and moderate content submitted by users to ensure compliance with these terms.
20.2.1. Content will be evaluated based on the following criteria:
20.2.1.1. Compliance with applicable laws, including but not limited to defamation laws under the Uniform Defamation Laws in Australia and hate speech regulations under the Communications Decency Act (CDA) in the United States.
20.2.1.2. Adherence to community standards as described in Clause 26 (Community Guidelines).
20.2.1.3. Respect for intellectual property rights under Clause 5 (Intellectual Property Rights).
20.2.2. Prohibited content includes, but is not limited to:
20.2.2.1. Illegal, defamatory, or fraudulent material.
20.2.2.2. Content promoting violence, hate speech, or harassment, as detailed in Clause 60 (Anti-Harassment and Safe Space Policy).
20.2.2.3. Copyright-infringing materials, as governed by the Copyright Act 1968 (Cth) and Berne Convention.
20.3. Reporting Mechanisms
Users are encouraged to report content that violates these terms through the following mechanisms:
20.3.1. In-Platform Reporting Tools
20.3.1.1. Users may flag inappropriate or non-compliant content directly via tools provided on the platform.
20.3.1.2. Flagged content will be reviewed within a reasonable timeframe, typically 48 hours, subject to volume and complexity.
20.3.2. Direct Reports to Moderation Teams
20.3.2.1. Users may submit reports via email or contact forms provided under Clause 16 (Contact Information).
20.3.2.2. Reports should include detailed information about the content, including links, screenshots, and descriptions of the violation.
20.4. Moderation Actions
The company may take one or more of the following actions based on the findings of content reviews:
20.4.1. Content Removal
20.4.1.1. Immediate removal of content determined to violate these terms or applicable laws.
20.4.1.2. Notification to the user explaining the reasons for content removal.
20.4.2. Account Warnings or Suspensions
20.4.2.1. Issuance of formal warnings for minor infractions.
20.4.2.2. Temporary or permanent account suspensions for repeated or severe violations.
20.4.3. Referral to Authorities
20.4.3.1. Reporting of illegal content or activities to appropriate law enforcement or regulatory agencies, as required by law, including under the Cybercrime Act 2001 (Cth).
20.5. Transparency and Appeals Process
The company is committed to transparency in moderation actions and provides an appeals process for affected users.
20.5.1. Notification of Actions
20.5.1.1. Users will be notified of any moderation actions taken against their content or accounts, along with a summary of the reasons.
20.5.1.2. Notifications will be sent via the user’s registered contact details.
20.5.2. Appeals Submission
20.5.2.1. Users may appeal moderation actions by submitting a formal request within 14 days of receiving the notification.
20.5.2.2. Appeals will be reviewed by a senior moderation team, and decisions will be communicated within 14 business days.
20.5.3. Finality of Appeals
20.5.3.1. Decisions on appeals are final unless new evidence is provided that materially impacts the original findings.
20.6. Data Handling and Privacy
The moderation and reporting processes are conducted in accordance with Clause 7 (Privacy Policy) and relevant data protection laws.
20.6.1. Reported content may be retained for a reasonable period for investigative or legal purposes.
20.6.2. Moderation activities will respect user privacy and data minimization principles under the Australian Privacy Act 1988 (Cth) and GDPR.
20.7. Third-Party Platforms and Services
Where UGC is shared on or integrated with third-party platforms, the company may cooperate with those platforms to enforce moderation standards.
20.7.1. Third-party services used for moderation, such as AI-powered content review tools, must comply with Clause 83 (AI-Generated Content Policy).
20.7.2. Users acknowledge that content shared on external platforms may be subject to those platforms’ terms and conditions.
20.8. Regional and Jurisdictional Compliance
Content moderation will account for jurisdictional variances in laws and standards, including:
20.8.1. Provisions under the European Union Digital Services Act for platform accountability.
20.8.2. Australian Broadcasting Services (Online Content) Standard 2018 for hosted media content.
20.8.3. U.S. Communications Decency Act protections for platform operators.
20.9. Amendments to Content Moderation Practices
The company reserves the right to amend content moderation practices under Clause 14 (Changes to Terms).
21. E-Commerce Terms
21.1. Scope and Applicability
This clause governs all e-commerce transactions conducted through the company’s platform, including the purchase of goods, services, and digital products.
21.1.1. These terms apply to all users engaging in e-commerce transactions, whether as individual consumers, businesses, or authorized agents.
21.1.2. Transactions are subject to additional terms disclosed at the point of sale, including product descriptions, pricing, and shipping policies.
21.2. Order Placement and Acceptance
The user agrees that:
21.2.1. Placing an order constitutes an offer to purchase the selected goods or services.
21.2.2. Orders are deemed accepted only upon the company issuing a confirmation via email, platform notification, or other specified means.
21.2.3. The company reserves the right to reject orders at its discretion, including but not limited to cases of suspected fraud, stock unavailability, or pricing errors.
21.3. Pricing and Taxes
Prices for goods and services are displayed in the applicable currency and include or exclude taxes as specified.
21.3.1. Taxes and Duties
21.3.1.1. Users are responsible for any applicable taxes, including Goods and Services Tax (GST) in Australia, Value-Added Tax (VAT) in the European Union, or state-specific sales taxes in the United States.
21.3.1.2. Duties and import fees for international orders are the sole responsibility of the user unless otherwise stated.
21.3.2. Dynamic Pricing
21.3.2.1. The company reserves the right to adjust prices based on market conditions, promotions, or demand, as outlined in Clause 67 (Dynamic Pricing).
21.3.2.2. Prices displayed at the time of order placement are binding unless a clear typographical or system error is identified.
21.4. Payment Terms
All payments must be made in accordance with Clause 15 (Refunds and Payments).
21.4.1. Payment methods include credit cards, debit cards, bank transfers, and authorized third-party gateways.
21.4.2. Full payment must be received before goods or services are delivered, unless otherwise stated in the applicable agreement.
21.5. Delivery and Shipping
The company will endeavor to fulfill all orders within the timelines specified at the point of sale.
21.5.1. Shipping Methods
21.5.1.1. Users may select from available shipping options, each with associated costs and delivery times.
21.5.1.2. The company is not liable for delays caused by third-party carriers or customs clearance processes.
21.5.2. Risk of Loss
21.5.2.1. Risk of loss or damage to goods passes to the user upon delivery to the specified address.
21.5.2.2. For digital products, risk transfers upon successful download or access by the user.
21.6. Returns, Refunds, and Exchanges
The company’s refund and return policies are governed by Clause 15 (Refunds and Payments) and are supplemented by the following:
21.6.1. Return Eligibility
21.6.1.1. Items must be returned in their original condition, with proof of purchase, within the specified return window.
21.6.1.2. Certain items, such as perishable goods, customized products, and digital downloads, may be non-returnable unless defective.
21.6.2. Refund Processing
21.6.2.1. Refunds will be processed using the original payment method within 14 to 30 business days of receipt of the returned item.
21.6.2.2. Shipping fees are non-refundable unless the return is due to a company error or defective product.
21.7. User Responsibilities
The user agrees to:
21.7.1. Provide accurate shipping and billing information during the checkout process.
21.7.2. Comply with applicable import/export regulations when purchasing goods for international delivery.
21.7.3. Retain proof of order confirmation, payment, and delivery for reference in the event of disputes.
21.8. Product Descriptions and Availability
The company endeavors to provide accurate descriptions and real-time availability information for all goods and services.
21.8.1. Minor discrepancies in product appearance, color, or specifications may occur due to technical or display limitations.
21.8.2. In cases of stock unavailability after order confirmation, the company will notify the user promptly and provide options for replacement, backorder, or refund.
21.9. Jurisdictional Compliance
E-commerce transactions are subject to laws and regulations in the jurisdictions where goods or services are sold.
21.9.1. Compliance with Australian Consumer Law, including statutory guarantees for acceptable quality and fitness for purpose.
21.9.2. Adherence to the U.S. Federal Trade Commission guidelines for fair advertising and sales practices.
21.9.3. Observance of the European Union Directive on Consumer Rights, including mandatory cooling-off periods for certain transactions.
21.10. Third-Party Vendors and Marketplaces
Where transactions involve third-party vendors or marketplaces, additional terms may apply.
21.10.1. The company disclaims liability for disputes arising from third-party vendor actions, except where expressly provided in these terms.
21.10.2. Users are advised to review third-party vendor policies before completing transactions.
21.11. Dispute Resolution for E-Commerce Transactions
Disputes related to e-commerce transactions shall be resolved in accordance with Clause 33 (Dispute Resolution).
21.11.1. Users retain the right to file complaints with local consumer protection agencies, such as the Australian Competition and Consumer Commission (ACCC).
21.12. Amendments to E-Commerce Terms
The company reserves the right to modify e-commerce terms under Clause 14 (Changes to Terms), with updates communicated to users as required.
22. Subscriptions and Recurring Payments
22.1. Scope and Applicability
This clause governs all subscriptions and recurring payment arrangements for services or products provided by the company.
22.1.1. Subscriptions are services or products offered on a periodic basis, with automatic renewal unless canceled by the user or terminated by the company.
22.1.2. These terms apply in conjunction with Clause 15 (Refunds and Payments) and other relevant clauses, including Clause 14 (Changes to Terms) for subscription modifications.
22.2. Subscription Plans
The company may offer various subscription tiers or plans with differing features, pricing, and terms.
22.2.1. Details of subscription plans, including pricing, duration, and features, will be disclosed at the point of subscription.
22.2.2. Users may upgrade, downgrade, or modify their plans subject to the conditions outlined at the time of subscription or in subsequent communications.
22.3. Recurring Payment Authorization
By enrolling in a subscription, the user authorizes the company to charge the specified payment method on a recurring basis.
22.3.1. Recurring charges will occur at the intervals specified during the subscription process (e.g., monthly, annually).
22.3.2. Users are responsible for ensuring that payment methods remain valid and have sufficient funds to process recurring charges.
22.4. Trial Periods and Promotional Offers
The company may offer trial periods or promotional pricing for subscriptions, subject to the following terms:
22.4.1. Trials are limited to one per user, unless otherwise specified.
22.4.2. Users will be automatically enrolled in a paid subscription at the end of the trial period unless canceled before the trial expires.
22.4.3. Promotional pricing applies only for the specified period, after which regular rates will apply unless otherwise stated.
22.5. Cancellation and Refund Policy
Users may cancel subscriptions at any time in accordance with the following conditions:
22.5.1. Cancellation Before Renewal
22.5.1.1. To avoid being charged for the next billing cycle, cancellations must be submitted before the renewal date.
22.5.1.2. Cancellation instructions will be provided in the user’s account settings or via the designated contact channels in Clause 16 (Contact Information).
22.5.2. Refund Eligibility
22.5.2.1. Refunds for unused portions of subscriptions may be provided at the company’s discretion, subject to compliance with applicable laws, such as the Australian Consumer Law or the EU Directive on Consumer Rights.
22.5.2.2. No refunds will be issued for subscriptions canceled after the billing date for the current period.
22.6. Subscription Renewal and Termination
Subscriptions will automatically renew unless canceled by the user or terminated by the company.
22.6.1. Renewal Notices
22.6.1.1. The company may send renewal reminders in advance of the renewal date, where required by applicable law.
22.6.1.2. Users will be notified of any changes to subscription pricing or terms before the renewal date.
22.6.2. Termination by the Company
22.6.2.1. The company reserves the right to terminate subscriptions for non-payment, violation of these terms, or legal compliance reasons.
22.7. Changes to Subscription Terms
The company reserves the right to modify subscription terms under Clause 14 (Changes to Terms).
22.7.1. Users will be notified of material changes and given the option to accept the changes or cancel their subscriptions.
22.7.2. Changes to subscription pricing will not take effect until the next billing cycle unless otherwise required by law.
22.8. Failed Payments and Grace Periods
If a recurring payment fails, the company may provide a grace period for the user to update payment details or settle outstanding balances.
22.8.1. During the grace period, access to subscription features may be restricted.
22.8.2. Failure to resolve payment issues within the grace period may result in account suspension or termination under Clause 19 (Account Management).
22.9. Regional Compliance
Subscription practices will adhere to the following jurisdictional requirements:
22.9.1. Compliance with the Australian Consumer Law regarding automatic renewal disclosures and refund rights.
22.9.2. Observance of GDPR provisions for clear and informed consent to recurring payments for EU residents.
22.9.3. Adherence to U.S. state laws, such as the California Automatic Renewal Law (ARL), requiring explicit renewal notices and cancellation mechanisms.
22.10. Data and Privacy Considerations
All subscription and payment data will be handled in accordance with Clause 7 (Privacy Policy) and relevant data protection laws.
22.10.1. The company employs secure payment processing methods compliant with PCI DSS standards.
22.10.2. Users retain the right to request deletion of personal data related to subscriptions under Clause 56 (Data Portability).
22.11. Dispute Resolution for Subscriptions
Disputes arising from subscriptions or recurring payments will be resolved in accordance with Clause 33 (Dispute Resolution).
22.11.1. Users may file complaints with local regulatory authorities, such as the Office of the Australian Information Commissioner (OAIC) or relevant consumer protection agencies, if applicable.
23. Advertising and Sponsored Content
23.1. Scope and Applicability
This clause governs all advertising and sponsored content displayed, shared, or promoted on the company’s platform.
23.1.1. Advertising refers to any paid promotional content created by external parties, including banner ads, sponsored posts, and product placements.
23.1.2. Sponsored content includes materials funded or supported by third parties, where the company retains editorial discretion over its presentation.
23.2. Advertising Standards
All advertisements displayed on the platform must comply with applicable legal, ethical, and industry standards.
23.2.1. Advertisements must adhere to the following guidelines:
23.2.1.1. Compliance with advertising laws such as the Australian Competition and Consumer Act 2010, including prohibitions on false, misleading, or deceptive conduct.
23.2.1.2. Observance of the U.S. Federal Trade Commission (FTC) guidelines on advertising disclosures and fair practices.
23.2.1.3. Alignment with the European Union’s Directive on Unfair Commercial Practices.
23.2.2. Prohibited advertising includes, but is not limited to:
23.2.2.1. Content promoting illegal activities or substances.
23.2.2.2. Advertisements containing hate speech, discriminatory language, or other harmful material.
23.2.2.3. False claims or unsubstantiated guarantees, particularly in health, finance, or educational sectors.
23.3. Sponsored Content Transparency
Sponsored content must be clearly distinguished from editorial content to ensure transparency.
23.3.1. Sponsored materials will include clear labels such as “Sponsored,” “Advertisement,” or “Paid Promotion.”
23.3.2. Disclosures must be conspicuous and comply with jurisdiction-specific requirements, such as:
23.3.2.1. The Australian Association of National Advertisers (AANA) Code of Ethics.
23.3.2.2. The FTC’s endorsement guidelines in the United States.
23.3.2.3. Transparency requirements under the EU General Data Protection Regulation (GDPR).
23.4. User-Targeted Advertising
The company may use data collected under Clause 7 (Privacy Policy) to deliver personalized advertising.
23.4.1. Users will be provided options to manage or opt out of targeted advertisements where legally required, including:
23.4.1.1. GDPR compliance for EU residents, offering consent mechanisms for behavioral advertising.
23.4.1.2. Adherence to the U.S. California Consumer Privacy Act (CCPA) for opting out of data sales.
23.4.2. The company will not use sensitive user data, such as health or financial information, for targeted advertising without explicit consent.
23.5. Third-Party Advertisements
The platform may host advertisements from third-party advertisers, with the following conditions:
23.5.1. Third-party advertisers are solely responsible for the accuracy and legality of their content.
23.5.2. The company reserves the right to reject or remove advertisements that violate these terms or applicable laws.
23.5.3. Users are encouraged to report advertisements they believe to be fraudulent, misleading, or otherwise harmful through the mechanisms described in Clause 20 (Content Moderation and Reporting).
23.6. Advertising Metrics and Reporting
The company may provide advertisers with performance metrics, subject to the following conditions:
23.6.1. Metrics such as impressions, clicks, and conversions will be aggregated and anonymized to protect user privacy.
23.6.2. Data shared with advertisers will comply with Clause 7 (Privacy Policy) and jurisdictional data protection laws, including GDPR and the Australian Privacy Act 1988 (Cth).
23.7. User Feedback and Control
Users will have options to manage their advertising experience, including:
23.7.1. Tools to report inappropriate advertisements or sponsored content.
23.7.2. Options to customize or opt out of non-essential advertisements, where technically feasible.
23.8. Prohibited Advertising Practices
The following practices are prohibited on the platform:
23.8.1. Use of automated bots or fraudulent methods to inflate advertising metrics.
23.8.2. Dissemination of malware, spyware, or other malicious software through advertisements.
23.8.3. Advertising that infringes on third-party intellectual property rights, as governed by Clause 5 (Intellectual Property Rights).
23.9. Amendments to Advertising Policies
The company reserves the right to update or modify its advertising policies under Clause 14 (Changes to Terms).
23.9.1. Updates will be communicated to advertisers and users as required by applicable laws.
23.10. Dispute Resolution for Advertising Matters
Disputes arising from advertising or sponsored content will be resolved in accordance with Clause 33 (Dispute Resolution).
23.10.1. Advertisers and users retain the right to file complaints with relevant regulatory bodies, such as the Australian Competition and Consumer Commission (ACCC) or the FTC.
24. User Data and Analytics
24.1. Scope and Applicability
This clause governs the collection, use, processing, storage, and sharing of user data and analytics by the company.
24.1.1. User data refers to any information collected from or about users, including personal data, behavioral data, and aggregated data.
24.1.2. Analytics refers to the processes and tools used to analyze user data for improving services, delivering insights, and supporting operational goals.
24.2. Data Collection Practices
The company collects user data in accordance with Clause 7 (Privacy Policy) and applicable laws.
24.2.1. Types of Data Collected
24.2.1.1. Personal data such as name, contact information, and payment details provided during registration or transactions.
24.2.1.2. Behavioral data including browsing history, usage patterns, and interactions with the platform.
24.2.1.3. Aggregated and anonymized data for statistical and research purposes.
24.2.2. Methods of Data Collection
24.2.2.1. Direct input by the user during registration, transactions, or surveys.
24.2.2.2. Automated methods such as cookies, tracking pixels, and similar technologies.
24.2.2.3. Third-party integrations, where data is shared or accessed in compliance with Clause 76 (Liability for Third-Party Integrations).
24.3. Data Usage and Purposes
User data is used for the following purposes:
24.3.1. To deliver, maintain, and improve platform services and functionalities.
24.3.2. To provide personalized experiences, including targeted advertisements as outlined in Clause 23 (Advertising and Sponsored Content).
24.3.3. To conduct research, analytics, and reporting for operational and strategic goals.
24.3.4. To comply with legal, regulatory, and contractual obligations.
24.4. Data Sharing and Disclosure
The company may share user data with third parties under the following conditions:
24.4.1. With User Consent
24.4.1.1. Data will only be shared with third parties for purposes requiring user consent, such as marketing partnerships.
24.4.1.2. Consent mechanisms will comply with GDPR requirements for users in the European Union and other applicable laws.
24.4.2. For Service Delivery
24.4.2.1. Data may be shared with trusted service providers for payment processing, data hosting, and customer support.
24.4.2.2. Service providers must adhere to data protection obligations consistent with the company’s Privacy Policy.
24.4.3. In Legal and Regulatory Contexts
24.4.3.1. The company may disclose user data in response to legal requests, such as subpoenas or court orders, in accordance with applicable laws.
24.4.3.2. Users will be notified of such disclosures where permitted by law.
24.5. Analytics Practices
The company uses analytics tools to gain insights into user behaviors and preferences.
24.5.1. Types of Analytics
24.5.1.1. Descriptive analytics for understanding past user behaviors.
24.5.1.2. Predictive analytics to anticipate user needs and preferences.
24.5.1.3. Prescriptive analytics to optimize service delivery and user engagement.
24.5.2. Data Anonymization
24.5.2.1. Data used for analytics purposes will be anonymized or aggregated where possible to protect user identities.
24.6. User Rights and Controls
Users have the following rights concerning their data:
24.6.1. Access and Correction
24.6.1.1. Users may request access to their personal data and corrections to inaccurate or outdated information.
24.6.1.2. Such requests will be processed within the timeframes specified under GDPR, the Australian Privacy Act 1988 (Cth), or other relevant laws.
24.6.2. Data Portability
24.6.2.1. Users may request their data in a portable format as outlined in Clause 56 (Data Portability).
24.6.3. Opt-Out Options
24.6.3.1. Users may opt out of certain data collection and usage practices, including targeted advertising and analytics tracking, where required by law.
24.7. Security Measures
The company employs robust security measures to protect user data from unauthorized access, breaches, and misuse.
24.7.1. Security practices comply with global standards, including PCI DSS for payment data and ISO 27001 for information security.
24.7.2. Users are encouraged to report vulnerabilities through the channels outlined in Clause 53 (Security and Vulnerability Reporting).
24.8. Retention and Deletion of Data
The company retains user data only for as long as necessary to fulfill its purposes or comply with legal obligations.
24.8.1. Retention periods will be specified in compliance with applicable laws, such as GDPR and the Australian Privacy Act 1988 (Cth).
24.8.2. Users may request data deletion in accordance with Clause 7 (Privacy Policy) and jurisdictional requirements.
24.9. Jurisdictional Compliance
Data and analytics practices will adhere to the following regional and international frameworks:
24.9.1. GDPR for EU residents, ensuring lawful processing, user rights, and data minimization.
24.9.2. The California Consumer Privacy Act (CCPA) for U.S. residents, providing transparency and opt-out rights.
24.9.3. The Australian Privacy Act 1988 (Cth), including compliance with the Australian Privacy Principles (APPs).
24.10. Amendments to Data and Analytics Practices
The company reserves the right to update data and analytics practices under Clause 14 (Changes to Terms).
24.10.1. Users will be notified of material changes to data collection, usage, or sharing practices.
24.11. Dispute Resolution for Data Issues
Disputes relating to data and analytics practices will be resolved in accordance with Clause 33 (Dispute Resolution).
24.11.1. Users retain the right to file complaints with data protection authorities, such as the Office of the Australian Information Commissioner (OAIC) or relevant EU supervisory authorities.
25. Security
25.1. Scope and Applicability
This clause governs the security measures implemented by the company to protect its systems, services, and user data from unauthorized access, breaches, and other security threats.
25.1.1. These security measures apply to all aspects of the company’s operations, including infrastructure, software, and data handling processes.
25.1.2. Users are required to comply with the security provisions outlined herein to safeguard their accounts and data.
25.2. Company Security Responsibilities
The company is committed to implementing and maintaining industry-standard security practices to ensure the confidentiality, integrity, and availability of its services.
25.2.1. Infrastructure Security
25.2.1.1. The company’s systems are hosted on secure servers protected by firewalls, encryption protocols, and intrusion detection systems.
25.2.1.2. Regular security assessments, including penetration testing and vulnerability scans, are conducted to identify and mitigate risks.
25.2.2. Data Protection
25.2.2.1. User data is encrypted during transmission and storage using technologies compliant with global standards such as SSL/TLS and AES-256 encryption.
25.2.2.2. Access to user data is restricted to authorized personnel and governed by role-based access controls (RBAC).
25.2.3. Incident Response
25.2.3.1. A formal incident response plan is in place to address security breaches, including containment, investigation, and remediation.
25.2.3.2. Users affected by security incidents will be notified promptly in accordance with Clause 80 (Data Breach Notification Policy).
25.3. User Security Responsibilities
Users are responsible for securing their accounts and devices to prevent unauthorized access.
25.3.1. Account Credentials
25.3.1.1. Users must use strong, unique passwords and change them regularly.
25.3.1.2. Multi-factor authentication (MFA) should be enabled where available to enhance account security.
25.3.2. Device Security
25.3.2.1. Users must ensure their devices are protected with up-to-date antivirus software and firewalls.
25.3.2.2. Users must avoid accessing the platform through unsecured or public networks unless using a secure connection (e.g., VPN).
25.3.3. Suspicious Activity Reporting
25.3.3.1. Users must report any suspicious activity, such as unauthorized account access, to the company via the designated contact methods outlined in Clause 16 (Contact Information).
25.4. Prohibited Actions
The following actions are prohibited as they compromise the security of the platform and its users:
25.4.1. Attempting to bypass or disable security measures, such as encryption or access controls.
25.4.2. Using automated tools or bots to exploit vulnerabilities in the platform.
25.4.3. Engaging in activities that constitute hacking, phishing, or other forms of cybercrime, as governed by the Cybercrime Act 2001 (Cth) and equivalent international laws.
25.5. Third-Party Integrations and Security
Security measures extend to third-party integrations and services, subject to the following:
25.5.1. Third-party vendors must adhere to contractual obligations that include maintaining adequate security standards.
25.5.2. Users acknowledge that the company disclaims liability for security breaches originating from third-party services, as outlined in Clause 76 (Liability for Third-Party Integrations).
25.6. Compliance with Security Standards
The company’s security practices comply with global and regional security standards, including:
25.6.1. ISO/IEC 27001 for information security management systems.
25.6.2. PCI DSS for payment card data protection.
25.6.3. Australian Government’s Essential Eight Strategies for Cyber Security.
25.6.4. GDPR requirements for data security under Article 32.
25.7. Security Audits and Certifications
The company conducts regular security audits and seeks relevant certifications to ensure ongoing compliance and security assurance.
25.7.1. Audit findings and remediation actions are documented and reviewed by internal and external security teams.
25.7.2. Certifications, where applicable, will be disclosed to users upon request.
25.8. Jurisdictional Requirements for Security
Security measures will align with legal and regulatory requirements in jurisdictions where the company operates.
25.8.1. In Australia, compliance with the Security of Critical Infrastructure Act 2018 (Cth) for designated critical infrastructure services.
25.8.2. In the European Union, adherence to the NIS Directive for network and information systems security.
25.8.3. In the United States, alignment with the NIST Cybersecurity Framework.
25.9. Security Vulnerability Reporting
The company encourages users and researchers to report security vulnerabilities through the mechanisms detailed in Clause 53 (Security and Vulnerability Reporting).
25.9.1. Reports must include detailed descriptions and reproduction steps for identified vulnerabilities.
25.9.2. The company will acknowledge and investigate reports within a reasonable timeframe and provide updates on remediation efforts.
25.10. Dispute Resolution for Security Issues
Disputes arising from security-related matters will be resolved in accordance with Clause 33 (Dispute Resolution).
25.10.1. Users may escalate unresolved security concerns to relevant authorities, such as the Australian Cyber Security Centre (ACSC) or equivalent bodies in their jurisdiction.
25.11. Amendments to Security Practices
The company reserves the right to amend its security practices under Clause 14 (Changes to Terms).
25.11.1. Users will be notified of significant changes to security measures that may impact their use of the platform.
26. Community Guidelines
26.1. Scope and Applicability
This clause establishes the standards and principles that govern user interactions and behavior within the community spaces of the company’s platform.
26.1.1. Community spaces include forums, discussion boards, comment sections, and any other areas where users can interact with one another.
26.1.2. These guidelines apply to all users, including individual contributors, moderators, and administrators.
26.2. Principles of Community Engagement
Users are expected to contribute to the community in a manner that is respectful, constructive, and inclusive.
26.2.1. Respect for Diversity
26.2.1.1. Users must respect differing opinions, beliefs, and identities.
26.2.1.2. Discrimination, hate speech, or harassment based on race, gender, sexual orientation, religion, or any other protected characteristic is strictly prohibited, as outlined in Clause 60 (Anti-Harassment and Safe Space Policy).
26.2.2. Constructive Contributions
26.2.2.1. Discussions should remain on-topic and contribute positively to the community.
26.2.2.2. Users are encouraged to provide constructive feedback and support one another in achieving common goals.
26.2.3. Accountability and Integrity
26.2.3.1. Users are responsible for the content they share and must ensure it complies with Clause 18 (Acceptable Use Policy).
26.2.3.2. False claims, defamatory remarks, or misleading information will not be tolerated.
26.3. Prohibited Behaviors
The following behaviors are prohibited within community spaces:
26.3.1. Harassment and Bullying
26.3.1.1. Targeted harassment or bullying of any user, including personal attacks, threats, or intimidation.
26.3.1.2. Behaviors that violate anti-harassment provisions under relevant laws, such as the Australian Human Rights Commission Act 1986 (Cth).
26.3.2. Spam and Irrelevant Content
26.3.2.1. Posting repetitive, irrelevant, or promotional content unrelated to the community discussion.
26.3.2.2. Sharing unsolicited advertisements or affiliate links without prior approval.
26.3.3. Illegal Activities
26.3.3.1. Encouraging or promoting illegal activities, such as piracy, hacking, or drug use.
26.3.3.2. Violations of local, national, or international laws governing online conduct.
26.4. Moderation and Enforcement
The company reserves the right to moderate community spaces to ensure compliance with these guidelines.
26.4.1. Role of Moderators
26.4.1.1. Moderators are responsible for reviewing and addressing user-reported issues, as outlined in Clause 20 (Content Moderation and Reporting).
26.4.1.2. Moderators may issue warnings, remove content, or suspend users for guideline violations.
26.4.2. Escalation of Issues
26.4.2.1. Severe violations, including those involving legal breaches, may be escalated to higher authorities or law enforcement agencies.
26.4.2.2. Users subject to enforcement actions will be notified of the reasons and may appeal under Clause 20.5 (Transparency and Appeals Process).
26.5. User Responsibilities
Users are responsible for:
26.5.1. Ensuring their content complies with these guidelines and applicable laws, including intellectual property and defamation laws as outlined in Clause 5 (Intellectual Property Rights) and Clause 18 (Acceptable Use Policy).
26.5.2. Reporting inappropriate or harmful content to moderators through the mechanisms described in Clause 20 (Content Moderation and Reporting).
26.5.3. Maintaining civility and contributing positively to the community environment.
26.6. Community Roles and Recognition
The company may recognize exemplary users through badges, roles, or other incentives.
26.6.1. Community Moderators
26.6.1.1. Experienced users may be invited to serve as volunteer moderators, subject to training and oversight.
26.6.1.2. Community moderators are expected to uphold these guidelines and act impartially.
26.6.2. Recognition Programs
26.6.2.1. Users contributing significantly to the community may receive rewards or recognition, such as featured user profiles or exclusive content access.
26.7. Regional and Jurisdictional Compliance
Community guidelines will be enforced with consideration for regional laws and cultural norms.
26.7.1. Australian Jurisdiction
26.7.1.1. Compliance with the Racial Discrimination Act 1975 (Cth) and the Sex Discrimination Act 1984 (Cth) for online interactions.
26.7.2. European Jurisdiction
26.7.2.1. Adherence to the European Union’s Digital Services Act for online platform accountability.
26.7.3. U.S. Jurisdiction
26.7.3.1. Observance of Section 230 of the Communications Decency Act, which governs platform liability for user-generated content.
26.8. Amendments to Community Guidelines
The company reserves the right to update or modify these guidelines under Clause 14 (Changes to Terms).
26.8.1. Updates will be communicated to users via notifications or community announcements.
26.8.2. Users are encouraged to review the guidelines regularly to stay informed of their responsibilities.
26.9. Dispute Resolution for Community Issues
Disputes related to community interactions or enforcement actions will be addressed in accordance with Clause 33 (Dispute Resolution).
26.9.1. Users retain the right to escalate unresolved issues to relevant authorities or legal bodies, as permitted by local laws.
27. Beta Features or Testing
27.1. Scope and Applicability
This clause governs the availability, use, and limitations of beta features or testing programs offered by the company.
27.1.1. Beta features refer to pre-release versions of products, services, or functionalities made available to select users for evaluation and feedback.
27.1.2. Participation in beta testing is subject to the terms outlined in this clause, in addition to the general terms and conditions of the platform.
27.2. User Eligibility and Enrollment
Access to beta features is granted at the company’s discretion.
27.2.1. Eligibility Criteria
27.2.1.1. Users must meet specific criteria, such as geographic location, account status, or technical capabilities, as determined by the company.
27.2.1.2. Participation may require signing a separate Beta Tester Agreement as referenced in Clause 38 (Beta Tester Agreement).
27.2.2. Voluntary Participation
27.2.2.1. Users may choose to participate in beta programs and may withdraw at any time by notifying the company through the designated contact channels outlined in Clause 16 (Contact Information).
27.3. Nature of Beta Features
Beta features are provided for testing purposes only and may differ from final versions.
27.3.1. Experimental Status
27.3.1.1. Beta features may be incomplete, contain bugs, or experience interruptions, and are not guaranteed to meet the same performance standards as finalized products.
27.3.1.2. Users acknowledge and accept the inherent risks associated with using beta features.
27.3.2. Changes and Discontinuation
27.3.2.1. The company reserves the right to modify or discontinue beta features at any time without notice.
27.3.2.2. Feedback from beta participants may inform product development but does not guarantee implementation of suggested changes.
27.4. User Responsibilities During Testing
Participants in beta programs agree to:
27.4.1. Provide Feedback
27.4.1.1. Submit honest, constructive, and timely feedback about their experience with the beta features.
27.4.1.2. Feedback may be submitted through designated reporting channels or surveys provided by the company.
27.4.2. Confidentiality
27.4.2.1. Refrain from sharing details about beta features, including screenshots, performance results, or functionality, unless explicitly permitted by the company.
27.4.2.2. Any violation of confidentiality may result in termination of access to beta features and further legal action under Clause 5 (Intellectual Property Rights).
27.5. Limitations of Liability for Beta Features
The company disclaims liability for any issues arising from the use of beta features.
27.5.1. No Warranty
27.5.1.1. Beta features are provided “as is” without warranties of any kind, whether express or implied, including fitness for a particular purpose or non-infringement.
27.5.2. Indemnification
27.5.2.1. Users agree to indemnify the company for any losses, damages, or claims arising from their participation in beta testing, as outlined in Clause 13 (Indemnification).
27.6. Data Collection and Privacy
Participation in beta programs may involve the collection and analysis of additional data to evaluate feature performance.
27.6.1. Consent to Data Collection
27.6.1.1. By enrolling in beta programs, users consent to the collection, use, and storage of data related to their interaction with beta features.
27.6.1.2. Data handling will comply with Clause 7 (Privacy Policy) and applicable laws such as GDPR and the Australian Privacy Act 1988 (Cth).
27.6.2. Anonymization of Data
27.6.2.1. Data used for analytics and development purposes will be anonymized where possible to protect user privacy.
27.7. Exclusivity and Intellectual Property
The company retains exclusive rights to all beta features and related intellectual property.
27.7.1. User Feedback
27.7.1.1. Feedback provided by users during beta testing becomes the sole property of the company and may be used for product development without compensation or acknowledgment.
27.7.2. Prohibition on Reverse Engineering
27.7.2.1. Users are prohibited from reverse engineering, decompiling, or otherwise attempting to derive the source code of beta features, as detailed in Clause 62 (Reverse Engineering or Data Scraping).
27.8. Regional and Jurisdictional Compliance
Beta testing programs will comply with regional laws and regulations applicable to testing and pre-release software.
27.8.1. Australia
27.8.1.1. Compliance with the Australian Consumer Law regarding disclosures and limitations of liability for experimental features.
27.8.2. European Union
27.8.2.1. Adherence to GDPR requirements for data handling during testing programs.
27.8.3. United States
27.8.3.1. Observance of state and federal laws governing software testing and user agreements.
27.9. Termination of Beta Access
The company may terminate a user’s access to beta features for any reason, including:
27.9.1. Failure to comply with the terms of this clause or the Beta Tester Agreement.
27.9.2. Breach of confidentiality or misuse of beta features.
27.10. Amendments to Beta Programs
The company reserves the right to amend beta testing terms under Clause 14 (Changes to Terms).
27.10.1. Users will be notified of significant changes to beta programs or their conditions.
27.11. Dispute Resolution for Beta Programs
Disputes arising from beta features or testing programs will be resolved in accordance with Clause 33 (Dispute Resolution).
28. Accessibility Statement
28.1. Scope and Applicability
This clause outlines the company’s commitment to ensuring that its platform, services, and products are accessible to all users, including individuals with disabilities.
28.1.1. Accessibility standards apply to all aspects of the platform, including website content, mobile applications, user interfaces, and communications.
28.1.2. These commitments align with relevant legal, technical, and ethical standards for accessibility.
28.2. Commitment to Accessibility
The company is dedicated to providing an inclusive experience for all users.
28.2.1. Adherence to Standards
28.2.1.1. The company adheres to recognized accessibility guidelines, such as the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
28.2.1.2. Compliance with jurisdictional laws, including the Disability Discrimination Act 1992 (Cth) in Australia, the Americans with Disabilities Act (ADA) in the United States, and the European Accessibility Act (EAA).
28.2.2. Continuous Improvement
28.2.2.1. The company conducts regular audits, user testing, and feedback analysis to improve accessibility features.
28.3. Features Supporting Accessibility
The platform includes features designed to enhance accessibility:
28.3.1. Keyboard Navigation
28.3.1.1. Users can navigate the platform using keyboard shortcuts and tab-based navigation.
28.3.2. Screen Reader Compatibility
28.3.2.1. All interactive elements are labeled for compatibility with screen readers.
28.3.2.2. Text alternatives are provided for images, multimedia, and non-text content.
28.3.3. Adjustable Display Options
28.3.3.1. Users can adjust font sizes, contrast settings, and color schemes to meet their needs.
28.3.3.2. Closed captions or transcripts are available for audio and video content.
28.4. User Responsibilities
To maximize accessibility benefits, users are encouraged to:
28.4.1. Use updated browsers and assistive technologies that comply with modern accessibility standards.
28.4.2. Report any accessibility barriers encountered on the platform using the mechanisms described in Clause 16 (Contact Information).
28.5. Feedback and Reporting Mechanisms
The company values feedback from users to improve accessibility.
28.5.1. Reporting Barriers
28.5.1.1. Users may report accessibility issues via email, phone, or a dedicated accessibility feedback form available on the platform.
28.5.1.2. Reports should include detailed descriptions of the issue, the device and software used, and any suggestions for improvement.
28.5.2. Response and Resolution
28.5.2.1. The company will acknowledge reports within five business days and work towards resolving issues in a timely manner.
28.5.2.2. Where feasible, the company will provide interim solutions while permanent fixes are implemented.
28.6. Third-Party Content and Services
The company strives to ensure that third-party integrations and services meet accessibility standards.
28.6.1. Third-party providers are contractually required to adhere to accessibility standards equivalent to those of the company.
28.6.2. The company disclaims liability for accessibility barriers originating from third-party content not controlled by the company, as outlined in Clause 76 (Liability for Third-Party Integrations).
28.7. Legal and Jurisdictional Compliance
Accessibility efforts comply with relevant laws and regulations, including:
28.7.1. The Disability Discrimination Act 1992 (Cth) and associated Australian Human Rights Commission guidelines.
28.7.2. Title III of the Americans with Disabilities Act (ADA) for U.S.-based platforms.
28.7.3. The European Accessibility Act (EAA) for products and services offered in the European Union.
28.8. Limitations and Exemptions
The company acknowledges certain limitations in its accessibility efforts:
28.8.1. Content provided by third parties or legacy systems may not fully comply with accessibility standards.
28.8.2. Reasonable accommodations will be made upon request to address such limitations.
28.9. Future Accessibility Goals
The company is committed to enhancing accessibility through:
28.9.1. Continued investment in assistive technologies and accessibility training for staff.
28.9.2. Regular updates to align with evolving accessibility standards and user expectations.
28.10. Amendments to Accessibility Practices
The company reserves the right to amend its accessibility practices under Clause 14 (Changes to Terms).
28.10.1. Users will be notified of significant updates or changes affecting accessibility.
28.11. Dispute Resolution for Accessibility Issues
Disputes or complaints regarding accessibility will be resolved in accordance with Clause 33 (Dispute Resolution).
28.11.1. Users retain the right to escalate unresolved complaints to regulatory authorities, such as the Australian Human Rights Commission or the U.S. Department of Justice, where applicable.
29. Children’s Online Privacy Protection
29.1. Scope and Applicability
This clause governs the collection, use, and handling of personal information from children in compliance with applicable laws and regulations.
29.1.1. A child is defined as an individual under the age specified by relevant laws, such as 13 years old under the U.S. Children’s Online Privacy Protection Act (COPPA) and under 16 years old in certain jurisdictions under the General Data Protection Regulation (GDPR).
29.1.2. These provisions apply to all services, products, and content offered by the company that may be accessed or used by children.
29.2. Parental Consent Requirements
The company does not knowingly collect personal information from children without verifiable parental or guardian consent.
29.2.1. Verification Process
29.2.1.1. Parents or guardians must provide explicit consent for the collection and processing of their child’s information through a secure verification method.
29.2.1.2. Verification methods may include government-issued identification, signed consent forms, or payment methods tied to an adult account.
29.2.2. Notification of Data Practices
29.2.2.1. Parents or guardians will be informed of the types of data collected, purposes of collection, and their rights regarding the data.
29.2.2.2. The company will not use such data for purposes beyond those disclosed in the parental consent notification.
29.3. Limitations on Data Collection
The company limits the collection of children’s personal information to what is reasonably necessary for the intended purpose.
29.3.1. Permitted Data
29.3.1.1. Data such as name, age, email address (parental), and other minimal details required for account creation or service provision may be collected.
29.3.1.2. Geolocation data, behavioral data, or sensitive information will not be collected without express parental consent.
29.3.2. Prohibited Data
29.3.2.1. The company will not collect social security numbers, financial information, or other sensitive personal data from children.
29.4. Data Use and Sharing Restrictions
Children’s data will not be shared, sold, or used for advertising purposes without explicit parental consent.
29.4.1. Internal Use
29.4.1.1. Data will be used solely for providing services, maintaining security, and fulfilling legal obligations.
29.4.2. External Sharing
29.4.2.1. Data may be shared with trusted service providers solely for operational purposes and under strict confidentiality agreements.
29.4.2.2. Third-party providers must comply with COPPA, GDPR, and other applicable laws.
29.5. Parental Rights
Parents or guardians have the right to:
29.5.1. Access and Review
29.5.1.1. Request access to their child’s data and obtain details about its use and processing.
29.5.2. Revoke Consent
29.5.2.1. Withdraw consent for further collection or use of their child’s data at any time.
29.5.2.2. Upon revocation, the company will delete the child’s data, except where retention is required by law.
29.5.3. Correction Requests
29.5.3.1. Request corrections to inaccurate or incomplete information about their child.
29.6. Security Measures for Children’s Data
The company employs enhanced security protocols to protect children’s personal information.
29.6.1. Encryption is used for data storage and transmission to prevent unauthorized access.
29.6.2. Access to children’s data is restricted to authorized personnel with valid operational requirements.
29.7. Education and Awareness
The company provides resources for parents and children to understand online privacy and security.
29.7.1. Educational materials include guidance on safe internet use and recognizing phishing or other malicious activities.
29.7.2. Children’s accounts may include safety features, such as restricted content access and usage monitoring tools.
29.8. Jurisdictional Compliance
Children’s privacy practices comply with the following legal frameworks:
29.8.1. United States
29.8.1.1. Full compliance with the Children’s Online Privacy Protection Act (COPPA), including filing of certifications with the Federal Trade Commission (FTC) where applicable.
29.8.2. European Union
29.8.2.1. Adherence to GDPR requirements for the processing of children’s data, including age-appropriate consent mechanisms.
29.8.3. Australia
29.8.3.1. Compliance with the Australian Privacy Act 1988 (Cth) and guidance from the Office of the Australian Information Commissioner (OAIC).
29.9. Non-Compliance Reporting and Remediation
Parents, guardians, or regulatory bodies may report non-compliance through the mechanisms outlined in Clause 16 (Contact Information).
29.9.1. The company will investigate complaints and take corrective action, including deletion of data or modification of practices.
29.10. Amendments to Children’s Privacy Practices
The company reserves the right to update its children’s privacy practices under Clause 14 (Changes to Terms).
29.10.1. Significant changes will be communicated to parents or guardians, and renewed consent will be required for continued participation.
29.11. Dispute Resolution for Children’s Privacy Issues
Disputes or complaints regarding children’s data and privacy will be resolved in accordance with Clause 33 (Dispute Resolution).
29.11.1. Parents retain the right to escalate unresolved complaints to relevant authorities, such as the FTC, GDPR supervisory authorities, or the OAIC, depending on jurisdiction.
30. Force Majeure
30.1. Definition and Scope
Force Majeure refers to extraordinary events or circumstances beyond the reasonable control of the company, which prevent or hinder the performance of obligations under these terms.
30.1.1. Events constituting Force Majeure include, but are not limited to:
30.1.1.1. Natural disasters such as earthquakes, hurricanes, floods, and wildfires.
30.1.1.2. Acts of war, armed conflict, terrorism, or civil unrest.
30.1.1.3. Government actions, such as sanctions, embargoes, or changes in laws or regulations.
30.1.1.4. Pandemics, epidemics, or other public health emergencies.
30.1.1.5. Utility failures, cyberattacks, or widespread disruptions to internet infrastructure.
30.2. Effect of Force Majeure on Obligations
The occurrence of a Force Majeure event may impact the company’s ability to fulfill its obligations under these terms.
30.2.1. Temporary Suspension
30.2.1.1. Obligations affected by Force Majeure will be suspended for the duration of the event.
30.2.1.2. The company will endeavor to resume performance as soon as the Force Majeure event subsides.
30.2.2. Notification to Users
30.2.2.1. The company will notify affected users promptly, detailing the nature of the Force Majeure event and its anticipated impact on services.
30.2.2.2. Notifications will be delivered through email, platform announcements, or other reliable means.
30.3. User Obligations During Force Majeure
Users acknowledge and accept that services may be interrupted or delayed during Force Majeure events.
30.3.1. Payment Obligations
30.3.1.1. Users are not relieved of payment obligations unless explicitly stated by the company.
30.3.1.2. Refunds for services disrupted due to Force Majeure will be addressed in accordance with Clause 15 (Refunds and Payments).
30.3.2. Alternative Arrangements
30.3.2.1. Users are encouraged to make alternative arrangements or preparations to mitigate the impact of service disruptions where feasible.
30.4. Company’s Responsibilities During Force Majeure
The company is committed to minimizing the impact of Force Majeure events on its operations and users.
30.4.1. Business Continuity Measures
30.4.1.1. The company will activate contingency plans, including backup systems and alternative service channels, where possible.
30.4.1.2. Efforts to restore affected services will be prioritized in accordance with operational and safety considerations.
30.4.2. Force Majeure Exceptions
30.4.2.1. The company will not be held liable for non-performance or delays directly resulting from Force Majeure events, as permitted by applicable laws, such as the Australian Competition and Consumer Act 2010 or similar jurisdictional regulations.
30.5. Force Majeure and Contractual Obligations
Force Majeure does not absolve the user or company of obligations unaffected by the event.
30.5.1. Non-impacted contractual obligations, including confidentiality provisions or outstanding payments, remain enforceable.
30.5.2. The company retains the right to terminate agreements under Clause 11 (Termination) if a Force Majeure event renders performance impossible for an extended period.
30.6. Dispute Resolution for Force Majeure Issues
Disputes related to the invocation or effects of Force Majeure will be resolved in accordance with Clause 33 (Dispute Resolution).
30.6.1. Parties may seek mediation, arbitration, or other agreed-upon methods to address disputes in good faith.
30.7. Regional and Jurisdictional Variations
The applicability and enforcement of Force Majeure provisions may vary based on jurisdictional laws.
30.7.1. Australian Jurisdiction
30.7.1.1. Interpretation of Force Majeure events will align with principles under the Competition and Consumer Act 2010 (Cth).
30.7.2. European Jurisdiction
30.7.2.1. Force Majeure will be assessed in accordance with contract laws under the Rome I Regulation.
30.7.3. United States Jurisdiction
30.7.3.1. The enforcement of Force Majeure clauses will adhere to state-specific laws, including the Uniform Commercial Code (UCC).
30.8. Amendments to Force Majeure Provisions
The company reserves the right to update Force Majeure provisions under Clause 14 (Changes to Terms).
30.8.1. Users will be notified of significant updates to these provisions through the channels specified in Clause 16 (Contact Information).
31. Affiliate or Partner Links
31.1. Scope and Applicability
This clause governs the inclusion, use, and management of affiliate or partner links on the company’s platform.
31.1.1. Affiliate or partner links are hyperlinks provided by third parties that direct users to external websites or services, often involving commissions or other benefits for referrals.
31.1.2. This clause applies to all affiliate or partner links embedded within the company’s content, services, or communications.
31.2. Disclosure of Affiliate Relationships
The company is committed to transparency regarding its relationships with affiliates and partners.
31.2.1. Clear Disclosures
31.2.1.1. Affiliate or partner links will be explicitly labeled as such, using terms like “Affiliate Link” or “Sponsored Link.”
31.2.1.2. Disclosures will comply with relevant laws, such as the U.S. Federal Trade Commission (FTC) Endorsement Guidelines, the Australian Competition and Consumer Act 2010 (Cth), and the European Union’s Unfair Commercial Practices Directive.
31.2.2. Placement of Disclosures
31.2.2.1. Disclosures will be placed prominently, ensuring users can make informed decisions before clicking the link.
31.3. User Consent and Choice
Users retain control over their interactions with affiliate or partner links.
31.3.1. Voluntary Engagement
31.3.1.1. Clicking on affiliate or partner links is entirely voluntary and does not obligate users to make purchases or engage with external services.
31.3.2. Opt-Out Options
31.3.2.1. Users may opt out of receiving communications containing affiliate or partner links by adjusting their preferences under Clause 7 (Privacy Policy).
31.4. Affiliate and Partner Accountability
The company does not guarantee the accuracy, quality, or reliability of products or services promoted through affiliate or partner links.
31.4.1. Third-Party Responsibility
31.4.1.1. Third-party affiliates and partners are solely responsible for the products, services, or content they provide.
31.4.1.2. Users are encouraged to review third-party terms and policies before completing transactions or engaging with external services.
31.4.2. No Endorsement
31.4.2.1. The inclusion of an affiliate or partner link does not constitute an endorsement or recommendation by the company.
31.5. Revenue Sharing and Commissions
The company may receive compensation or benefits from affiliate or partner links.
31.5.1. Revenue Disclosure
31.5.1.1. The company will disclose whether it receives commissions or other benefits from affiliate programs.
31.5.2. Impact on Users
31.5.2.1. The inclusion of affiliate or partner links will not increase the cost of products or services for users unless explicitly stated.
31.6. Prohibited Practices
The following practices are prohibited in relation to affiliate or partner links:
31.6.1. Deceptive or Misleading Links
31.6.1.1. Links must not misrepresent their purpose, destination, or associated benefits.
31.6.2. Unethical Marketing Tactics
31.6.2.1. The use of automated bots, click fraud schemes, or other unethical tactics to manipulate link performance metrics is strictly prohibited.
31.7. Reporting Issues with Affiliate or Partner Links
Users may report issues or concerns related to affiliate or partner links through the mechanisms outlined in Clause 16 (Contact Information).
31.7.1. Reports may include misleading disclosures, broken links, or inappropriate content associated with affiliates or partners.
31.7.2. The company will investigate reports and take corrective action, including removing problematic links or terminating affiliate relationships.
31.8. Jurisdictional Compliance
Affiliate or partner link practices will comply with applicable laws and regulations, including:
31.8.1. The U.S. Federal Trade Commission (FTC) guidelines on endorsements and affiliate marketing.
31.8.2. The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) provisions on misleading or deceptive conduct.
31.8.3. The European Union’s Unfair Commercial Practices Directive for transparency in commercial promotions.
31.9. Amendments to Affiliate or Partner Link Policies
The company reserves the right to update its affiliate or partner link practices under Clause 14 (Changes to Terms).
31.9.1. Users will be notified of significant changes to affiliate or partner link policies through email or platform announcements.
31.10. Dispute Resolution for Affiliate or Partner Issues
Disputes related to affiliate or partner links will be resolved in accordance with Clause 33 (Dispute Resolution).
31.10.1. Users retain the right to escalate unresolved disputes involving affiliate or partner transactions to relevant authorities or consumer protection agencies.
32. Feedback and Suggestions
32.1. Scope and Applicability
This clause governs the submission, handling, and use of feedback and suggestions provided by users regarding the company’s products, services, or platform.
32.1.1. Feedback refers to comments, ideas, proposals, or other input shared by users about improving the company’s offerings or operations.
32.1.2. This clause applies to all feedback submitted voluntarily through designated channels or unsolicited correspondence.
32.2. Voluntary Submission of Feedback
Users may voluntarily provide feedback to the company through formal mechanisms or informal communication.
32.2.1. Designated Submission Channels
32.2.1.1. Feedback can be submitted through contact forms, surveys, email, or other channels specified under Clause 16 (Contact Information).
32.2.1.2. Feedback submitted via social media or public forums may also be considered but without any obligation to act upon it.
32.2.2. Unsolicited Feedback
32.2.2.1. The company is not obligated to acknowledge, review, or implement unsolicited feedback but reserves the right to use it at its discretion.
32.3. Ownership and Use of Feedback
By submitting feedback, users grant the company a non-exclusive, irrevocable, royalty-free, and perpetual license to use, modify, and incorporate the feedback into its operations.
32.3.1. License to Use Feedback
32.3.1.1. The company may use feedback for any purpose, including improving products, services, marketing strategies, or internal processes.
32.3.1.2. The company reserves the right to commercialize ideas derived from user feedback without providing compensation or acknowledgment to the user.
32.3.2. Intellectual Property Rights
32.3.2.1. Feedback does not create any intellectual property rights for the user in the company’s products or services.
32.3.2.2. If the user asserts proprietary rights over submitted feedback, the company may require a written waiver before utilizing such feedback.
32.4. Prohibited Feedback
The company will not accept feedback that violates these terms, applicable laws, or ethical standards.
32.4.1. Harmful or Malicious Content
32.4.1.1. Feedback containing abusive, defamatory, or unlawful content is strictly prohibited and may be reported under Clause 20 (Content Moderation and Reporting).
32.4.2. Confidential Information
32.4.2.1. Users must not include confidential or proprietary information belonging to third parties in their feedback.
32.4.2.2. Any submission containing such information will be disregarded, and the user assumes full liability for any associated legal claims.
32.5. Acknowledgment and Response
The company is not obligated to acknowledge, respond to, or implement feedback but may do so at its discretion.
32.5.1. Acknowledgment
32.5.1.1. Acknowledgment of feedback will depend on the submission channel and the company’s review policies.
32.5.2. Response and Implementation
32.5.2.1. The company may choose to engage users for further clarification or collaboration on specific feedback.
32.5.2.2. Implementation of feedback is not guaranteed and remains at the sole discretion of the company.
32.6. Data and Privacy Considerations
Feedback submissions may involve the processing of personal data, handled in accordance with Clause 7 (Privacy Policy).
32.6.1. Anonymization of Feedback
32.6.1.1. Feedback may be anonymized for internal analysis, ensuring user privacy.
32.6.2. Voluntary Nature
32.6.2.1. Users are reminded that feedback is submitted voluntarily and may include personal data at their discretion.
32.7. Jurisdictional Compliance
Feedback practices will comply with relevant jurisdictional laws governing intellectual property and user rights.
32.7.1. United States
32.7.1.1. Feedback submissions are protected under fair use principles, but proprietary claims are governed by U.S. intellectual property law.
32.7.2. Australia
32.7.2.1. Compliance with the Copyright Act 1968 (Cth) and the Competition and Consumer Act 2010 (Cth) in relation to feedback utilization and representations.
32.7.3. European Union
32.7.3.1. Feedback handling will align with GDPR requirements, ensuring lawful processing and user rights.
32.8. Amendments to Feedback Policies
The company reserves the right to update feedback policies under Clause 14 (Changes to Terms).
32.8.1. Users will be notified of significant updates through designated communication channels.
32.9. Dispute Resolution for Feedback Issues
Disputes related to feedback submissions, ownership, or use will be resolved in accordance with Clause 33 (Dispute Resolution).
32.9.1. Users retain the right to escalate unresolved disputes to relevant authorities or legal forums where applicable.
33. Dispute Resolution
33.1. Scope and Applicability
This clause governs the procedures and methods for resolving disputes that arise between the company and users in connection with these terms, services, or transactions.
33.1.1. A dispute is defined as any disagreement, claim, or controversy arising from or relating to the use of the company’s services, the terms and conditions, or any other agreement between the company and the user.
33.1.2. This clause applies to all disputes unless expressly excluded under specific laws or agreements.
33.2. Obligation to Resolve Disputes Amicably
The parties agree to attempt resolution through informal discussions before pursuing formal dispute resolution mechanisms.
33.2.1. Initial Resolution Efforts
33.2.1.1. Users must notify the company of disputes through the contact methods outlined in Clause 16 (Contact Information).
33.2.1.2. The company will respond to dispute notifications within 14 business days and work toward resolution through dialogue or negotiation.
33.2.2. Escalation to Formal Processes
33.2.2.1. If amicable resolution is not achieved within 30 days, either party may initiate formal dispute resolution under this clause.
33.3. Mediation
The parties may agree to submit disputes to mediation before proceeding to arbitration or litigation.
33.3.1. Selection of Mediator
33.3.1.1. A neutral mediator will be selected by mutual agreement from a recognized mediation body, such as the Australian Mediation Association or equivalent organizations in other jurisdictions.
33.3.2. Mediation Costs
33.3.2.1. The costs of mediation will be shared equally by the parties unless otherwise agreed.
33.4. Arbitration
Disputes not resolved through mediation may be submitted to binding arbitration as an alternative to litigation.
33.4.1. Arbitration Rules and Venue
33.4.1.1. Arbitration will be conducted in accordance with the rules of a recognized arbitration body, such as the Australian Centre for International Commercial Arbitration (ACICA) or the International Chamber of Commerce (ICC).
33.4.1.2. The venue for arbitration will be determined based on the user’s location or as mutually agreed by the parties.
33.4.2. Arbitration Award
33.4.2.1. The arbitrator’s decision will be final and binding on both parties, subject to applicable laws.
33.4.2.2. Awards may include compensation, injunctions, or other remedies permitted under the law.
33.5. Litigation
If mediation or arbitration is not pursued, or in cases where arbitration is not legally enforceable, disputes may be resolved through litigation.
33.5.1. Jurisdiction and Venue
33.5.1.1. Legal proceedings must be filed in the jurisdiction specified in Clause 12 (Governing Law and Jurisdiction).
33.5.1.2. Users residing outside the specified jurisdiction agree to submit to the personal jurisdiction of the courts in that location.
33.5.2. Class Action Waiver
33.5.2.1. To the maximum extent permitted by law, users waive the right to participate in class actions or collective proceedings.
33.6. Small Claims Exceptions
Users may pursue claims in small claims court if the claim meets the applicable monetary threshold and does not involve complex legal issues.
33.6.1. The small claims venue will be determined by the user’s residential jurisdiction or the company’s registered location.
33.7. Costs and Legal Fees
The allocation of costs and legal fees in dispute resolution will be determined as follows:
33.7.1. Each party will bear its own legal fees unless otherwise awarded by the arbitrator, court, or other adjudicating body.
33.7.2. The prevailing party in arbitration or litigation may be entitled to recover reasonable legal fees and costs.
33.8. Regional and Jurisdictional Compliance
Dispute resolution practices comply with applicable laws and regulations, including:
33.8.1. Australia
33.8.1.1. Provisions under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law for resolving consumer disputes.
33.8.2. United States
33.8.2.1. Federal Arbitration Act (FAA) for arbitration agreements and procedures.
33.8.3. European Union
33.8.3.1. EU Regulation No. 524/2013 on Online Dispute Resolution (ODR) for consumer disputes.
33.9. Good Faith Requirement
All parties must engage in dispute resolution processes in good faith, avoiding unnecessary delays or frivolous claims.
33.10. Exclusions
This clause does not apply to disputes involving:
33.10.1. Regulatory investigations or actions brought by government agencies.
33.10.2. Intellectual property claims requiring injunctive relief or other equitable remedies.
33.11. Amendments to Dispute Resolution Provisions
The company reserves the right to amend its dispute resolution provisions under Clause 14 (Changes to Terms).
33.11.1. Users will be notified of significant changes through the communication methods specified in Clause 16 (Contact Information).
34. Localization
34.1. Scope and Applicability
This clause governs the company’s efforts to adapt its platform, services, and content to meet the linguistic, cultural, and regulatory requirements of various jurisdictions.
34.1.1. Localization includes, but is not limited to, language translations, region-specific content, and compliance with local laws.
34.1.2. These provisions apply to all users accessing the company’s platform in localized versions or from different regions.
34.2. Language Translations
The company provides translations of its platform and content to enhance accessibility for users in different regions.
34.2.1. Accuracy and Limitations
34.2.1.1. While the company strives for accurate translations, localized content may not always match the original language version in nuance or detail.
34.2.1.2. In case of discrepancies, the English version of these terms shall prevail unless prohibited by local law.
34.2.2. Availability of Languages
34.2.2.1. Languages offered for platform localization will be determined based on user demographics and operational feasibility.
34.2.2.2. Users may select their preferred language where multiple options are available.
34.3. Region-Specific Content
The company may offer content, features, or services tailored to specific regions to enhance user experience.
34.3.1. Cultural Relevance
34.3.1.1. Region-specific content will reflect cultural norms, preferences, and sensitivities.
34.3.2. Content Restrictions
34.3.2.1. Certain features or content may be restricted or modified in compliance with local laws and regulations.
34.4. Compliance with Local Laws
The company ensures that its operations comply with the legal and regulatory frameworks of the jurisdictions in which it operates.
34.4.1. Jurisdictional Adjustments
34.4.1.1. Local laws may necessitate adjustments to user rights, privacy protections, or service offerings.
34.4.2. Data Localization Requirements
34.4.2.1. The company may store and process user data within specific jurisdictions to comply with data residency laws, such as the General Data Protection Regulation (GDPR) for EU users or the Australian Privacy Act 1988 (Cth).
34.5. User Responsibilities
Users accessing the platform from different regions are responsible for ensuring compliance with local laws and regulations.
34.5.1. Prohibited Uses
34.5.1.1. Users must not access or use the platform in ways that violate local laws or export control regulations.
34.5.2. Accuracy of Regional Information
34.5.2.1. Users must provide accurate information about their location to ensure appropriate localization of services.
34.6. Feedback on Localization
The company welcomes user feedback to improve its localization efforts.
34.6.1. Reporting Translation Issues
34.6.1.1. Users may report errors or inconsistencies in translations through the designated channels outlined in Clause 16 (Contact Information).
34.6.2. Cultural Feedback
34.6.2.1. Suggestions for enhancing cultural relevance or inclusivity of localized content are encouraged.
34.7. Regional Restrictions
Certain regions may be subject to restrictions due to legal, political, or operational considerations.
34.7.1. Blocked Services
34.7.1.1. Users in restricted regions may not have access to all services, features, or content.
34.7.2. Legal Compliance
34.7.2.1. The company complies with trade restrictions, sanctions, or embargoes imposed by relevant authorities, such as the United Nations, the European Union, or the United States.
34.8. Amendments to Localization Policies
The company reserves the right to update its localization policies under Clause 14 (Changes to Terms).
34.8.1. Users will be notified of significant changes to localization practices through the communication methods outlined in Clause 16 (Contact Information).
34.9. Dispute Resolution for Localization Issues
Disputes arising from localization practices, such as translation errors or region-specific restrictions, will be resolved in accordance with Clause 33 (Dispute Resolution).
34.9.1. Users retain the right to escalate unresolved issues to local consumer protection authorities or regulatory bodies.
35. No Professional Advice Disclaimer
35.1. Scope and Applicability
This clause disclaims any professional advice provided or implied by the company’s platform, content, or services.
35.1.1. Professional advice includes, but is not limited to, legal, financial, medical, architectural, engineering, or any other specialized expertise requiring formal qualifications or licensure.
35.1.2. This disclaimer applies to all information, tools, resources, and user-generated content available through the company’s platform.
35.2. Informational Nature of Content
All content provided by the company is intended for informational purposes only and should not be relied upon as a substitute for professional advice.
35.2.1. No Guarantee of Accuracy
35.2.1.1. While the company endeavors to ensure that the information provided is accurate and up-to-date, it makes no guarantees regarding its completeness, reliability, or applicability to individual circumstances.
35.2.2. Limitations of Tools and Features
35.2.2.1. Tools, calculators, and features provided by the platform are designed to assist users but are not substitutes for professional analysis or consultation.
35.3. User Responsibility
Users are responsible for seeking appropriate professional advice for their specific needs.
35.3.1. Qualified Professionals
35.3.1.1. Users should consult qualified professionals in relevant fields for guidance tailored to their unique circumstances.
35.3.2. Independent Verification
35.3.2.1. Users are encouraged to independently verify any information obtained from the platform before acting on it.
35.4. Prohibited Reliance on Content
The company disclaims liability for any reliance on platform content for critical decisions.
35.4.1. Legal and Financial Decisions
35.4.1.1. Users should not rely on platform content as the sole basis for legal or financial decisions, including contract drafting, investments, or tax filings.
35.4.2. Health and Safety Advice
35.4.2.1. Medical, nutritional, or safety information provided by the platform does not constitute medical advice and should not replace consultations with licensed healthcare providers.
35.5. Third-Party Content and Advice
The company is not responsible for advice, recommendations, or content provided by third parties on or linked through the platform.
35.5.1. No Endorsement
35.5.1.1. Third-party content, advertisements, or services accessible via the platform do not imply endorsement or validation by the company.
35.5.2. User Discretion
35.5.2.1. Users are advised to exercise discretion and perform due diligence before engaging with third-party content or services.
35.6. Regional and Jurisdictional Compliance
This disclaimer complies with applicable laws governing liability and consumer rights in relevant jurisdictions.
35.6.1. Australia
35.6.1.1. Compliance with the Australian Consumer Law regarding misleading or deceptive conduct and disclaimers.
35.6.2. United States
35.6.2.1. Adherence to the Federal Trade Commission (FTC) guidelines on disclaimers and disclosures.
35.6.3. European Union
35.6.3.1. Observance of consumer protection laws under the EU Directive on Unfair Commercial Practices.
35.7. Limitation of Liability
The company’s liability for user reliance on platform content is limited as outlined in Clause 9 (Limitation of Liability).
35.7.1. To the maximum extent permitted by law, the company disclaims liability for losses, damages, or claims resulting from reliance on information provided through the platform.
35.8. Amendments to Disclaimer
The company reserves the right to update this disclaimer under Clause 14 (Changes to Terms).
35.8.1. Users will be notified of significant changes to this disclaimer through the communication methods specified in Clause 16 (Contact Information).
35.9. Dispute Resolution for Disclaimer Issues
Disputes related to this disclaimer will be resolved in accordance with Clause 33 (Dispute Resolution).
35.9.1. Users retain the right to escalate unresolved disputes to consumer protection agencies or regulatory bodies in their jurisdiction.
36. User Rankings or Reviews
36.1. Scope and Applicability
This clause governs the creation, submission, and use of user rankings or reviews on the company’s platform.
36.1.1. Rankings or reviews refer to user-generated content evaluating products, services, or other users, including star ratings, written feedback, or other evaluative mechanisms.
36.1.2. These provisions apply to all users participating in or affected by the ranking or review system.
36.2. User Responsibilities for Rankings and Reviews
Users submitting rankings or reviews are responsible for ensuring their content complies with these terms and applicable laws.
36.2.1. Accuracy and Honesty
36.2.1.1. Reviews must reflect the user’s genuine experience and opinions.
36.2.1.2. Users must not post false, misleading, or defamatory content.
36.2.2. Prohibited Conduct
36.2.2.1. Rankings or reviews must not include offensive language, hate speech, or discriminatory remarks, as governed by Clause 60 (Anti-Harassment and Safe Space Policy).
36.2.2.2. Users must not engage in fraudulent behavior, such as posting fake reviews, manipulating rankings, or incentivizing others to do so.
36.3. Moderation of Rankings and Reviews
The company reserves the right to review, moderate, and manage user rankings and reviews to ensure compliance with platform standards.
36.3.1. Content Monitoring
36.3.1.1. Rankings and reviews may be subject to automated or manual review for compliance with Clause 18 (Acceptable Use Policy).
36.3.1.2. Content violating these terms may be removed, and the user may face penalties as outlined in Clause 11 (Termination).
36.3.2. Right to Respond
36.3.2.1. Users or entities affected by a ranking or review have the right to respond publicly or request removal of content they believe to be false or harmful.
36.4. Use of Rankings and Reviews by the Company
The company may use user-generated rankings or reviews for promotional, analytical, or operational purposes.
36.4.1. Public Display
36.4.1.1. Rankings and reviews may be displayed publicly on the platform or in marketing materials, with appropriate attribution to the user.
36.4.2. Aggregation and Analysis
36.4.2.1. Reviews and rankings may be aggregated for insights, trends, or reporting, with personal identifiers anonymized where applicable.
36.5. Third-Party Platforms
Rankings or reviews shared or displayed on third-party platforms are subject to the terms and policies of those platforms.
36.5.1. No Liability for Third-Party Use
36.5.1.1. The company disclaims liability for the use or misuse of user-generated content by third-party platforms.
36.6. Rights and Ownership
Users grant the company a non-exclusive, perpetual, royalty-free license to use, display, and modify rankings or reviews submitted through the platform.
36.6.1. Attribution
36.6.1.1. The company may credit users for their reviews but is not obligated to provide compensation for such content.
36.7. Prohibited Manipulation of Rankings or Reviews
The following activities are strictly prohibited:
36.7.1. Fake or Paid Reviews
36.7.1.1. Posting fake reviews, purchasing reviews, or incentivizing others to submit false evaluations.
36.7.2. Retaliatory or Malicious Reviews
36.7.2.1. Submitting reviews intended solely to harm another user or entity’s reputation.
36.8. User Protections and Appeals
The company provides mechanisms for users to dispute unfair rankings or reviews.
36.8.1. Reporting Inappropriate Content
36.8.1.1. Users may report rankings or reviews they believe to be inappropriate, false, or harmful through the contact methods outlined in Clause 16 (Contact Information).
36.8.2. Appeals Process
36.8.2.1. Affected users may appeal moderation decisions, with final determinations made within 14 business days.
36.9. Jurisdictional Compliance
Ranking and review systems comply with regional laws and regulations.
36.9.1. Australia
36.9.1.1. Compliance with the Australian Consumer Law regarding false or misleading testimonials.
36.9.2. United States
36.9.2.1. Adherence to Federal Trade Commission (FTC) guidelines on endorsements and reviews.
36.9.3. European Union
36.9.3.1. Observance of the EU Directive on Unfair Commercial Practices for transparency in reviews and testimonials.
36.10. Amendments to Ranking and Review Policies
The company reserves the right to update its ranking and review policies under Clause 14 (Changes to Terms).
36.10.1. Users will be notified of significant updates through designated communication channels.
36.11. Dispute Resolution for Ranking and Review Issues
Disputes related to rankings or reviews will be resolved in accordance with Clause 33 (Dispute Resolution).
36.11.1. Users retain the right to escalate unresolved disputes to relevant regulatory authorities or legal forums.
37. Licensing and Usage Rights
37.1. Scope and Applicability
This clause governs the rights granted to users for accessing and using the company’s services, software, and content, as well as the rights retained by the company over its intellectual property.
37.1.1. Licensing terms apply to all software, digital products, proprietary content, and services provided by the company.
37.1.2. These provisions are subject to Clause 5 (Intellectual Property Rights) and any additional terms specified in service-specific agreements.
37.2. Grant of License
The company grants users a limited, non-exclusive, non-transferable, and revocable license to use its services and content in accordance with these terms.
37.2.1. Permitted Uses
37.2.1.1. Users may access and use the platform and its content for personal, non-commercial purposes unless otherwise expressly authorized.
37.2.1.2. Business users may use the services for internal purposes as specified in their agreements.
37.2.2. Prohibited Uses
37.2.2.1. Users are prohibited from sublicensing, reselling, or otherwise exploiting the licensed content or services for commercial gain without explicit permission.
37.2.2.2. Reverse engineering, decompiling, or otherwise attempting to derive the source code of proprietary software is strictly prohibited, as further outlined in Clause 62 (Reverse Engineering or Data Scraping).
37.3. Ownership of Intellectual Property
The company retains all ownership rights, titles, and interests in its intellectual property, including but not limited to software, trademarks, designs, and proprietary content.
37.3.1. No Transfer of Ownership
37.3.1.1. The license granted to users does not transfer any ownership rights to the user.
37.3.1.2. Users acknowledge that their use of the platform does not constitute an acquisition of intellectual property rights.
37.3.2. Trademark Use
37.3.2.1. Use of the company’s trademarks, logos, or branding materials is prohibited without prior written consent.
37.4. User-Generated Content Licensing
Users grant the company certain rights over content they upload, submit, or share on the platform.
37.4.1. License to Use User-Generated Content
37.4.1.1. By submitting content, users grant the company a non-exclusive, worldwide, royalty-free, and perpetual license to use, reproduce, modify, and distribute the content for operational and promotional purposes.
37.4.2. Content Ownership
37.4.2.1. Users retain ownership of their original content but acknowledge that the company may modify or remove user-generated content that violates these terms.
37.5. Third-Party Content and Licensing
The platform may include third-party content subject to separate licensing terms.
37.5.1. Compliance with Third-Party Licenses
37.5.1.1. Users must comply with all terms associated with third-party content accessed through the platform.
37.5.2. Liability for Unauthorized Use
37.5.2.1. The company disclaims liability for user actions that violate third-party licensing agreements.
37.6. Term and Termination of License
Licensing rights are contingent on compliance with these terms and remain valid until terminated by the company or user.
37.6.1. Termination by User
37.6.1.1. Users may terminate their license by discontinuing use of the platform and deleting associated data.
37.6.2. Termination for Breach
37.6.2.1. The company reserves the right to revoke licensing rights for violations of these terms, as outlined in Clause 11 (Termination).
37.7. Prohibited Distribution
Users are prohibited from distributing, broadcasting, or otherwise sharing proprietary content without explicit authorization.
37.7.1. Digital Rights Management (DRM)
37.7.1.1. The company may employ DRM technologies to prevent unauthorized distribution of digital content.
37.7.2. Legal Action for Infringement
37.7.2.1. Violations of licensing terms may result in legal action, including claims for damages and injunctions.
37.8. Regional and Jurisdictional Compliance
Licensing terms comply with relevant intellectual property laws in applicable jurisdictions.
37.8.1. Australia
37.8.1.1. Compliance with the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).
37.8.2. United States
37.8.2.1. Adherence to the Digital Millennium Copyright Act (DMCA) and other federal intellectual property laws.
37.8.3. European Union
37.8.3.1. Observance of the EU Copyright Directive and related intellectual property regulations.
37.9. Amendments to Licensing and Usage Terms
The company reserves the right to amend licensing and usage terms under Clause 14 (Changes to Terms).
37.9.1. Users will be notified of significant changes to licensing terms through the channels outlined in Clause 16 (Contact Information).
37.10. Dispute Resolution for Licensing Issues
Disputes related to licensing and usage rights will be resolved in accordance with Clause 33 (Dispute Resolution).
37.10.1. Users retain the right to escalate unresolved disputes to relevant intellectual property authorities or legal forums.
38. Beta Tester Agreement
38.1. Scope and Applicability
This clause governs the terms under which users participate in the company’s beta testing programs.
38.1.1. Beta testers are users selected to evaluate pre-release versions of the company’s products, services, or features.
38.1.2. This agreement applies in addition to Clause 27 (Beta Features or Testing) and any other relevant terms.
38.2. Eligibility for Beta Testing
Participation in beta testing is contingent upon meeting eligibility criteria and agreeing to this clause.
38.2.1. Selection Process
38.2.1.1. Beta testers are chosen based on criteria such as geographic location, technical expertise, or other factors determined by the company.
38.2.1.2. Participation may require an invitation or application process.
38.2.2. Acknowledgment of Agreement
38.2.2.1. Beta testers must formally accept this agreement, either electronically or through written acknowledgment, before gaining access to beta features.
38.3. Purpose of Beta Testing
The beta testing program is designed to gather feedback, identify issues, and improve the quality of the final product or service.
38.3.1. Feedback and Reporting
38.3.1.1. Beta testers agree to provide honest and constructive feedback on their experience using beta features.
38.3.1.2. Feedback may be submitted through surveys, reports, or other channels specified by the company.
38.3.2. No Performance Guarantees
38.3.2.1. Beta features are provided “as is” and may contain defects, interruptions, or incomplete functionality.
38.4. Confidentiality Obligations
Beta testers must maintain the confidentiality of all information related to beta features.
38.4.1. Non-Disclosure Requirements
38.4.1.1. Beta testers are prohibited from sharing details about beta features, including screenshots, performance results, or specifications, with third parties.
38.4.1.2. Disclosure of beta-related information is permitted only with the company’s prior written consent.
38.4.2. Legal Consequences for Breach
38.4.2.1. Violations of confidentiality obligations may result in legal action, including claims for damages and injunctions.
38.5. User Responsibilities During Testing
Beta testers agree to:
38.5.1. Proper Usage
38.5.1.1. Use beta features only for their intended purpose and in compliance with these terms.
38.5.2. Reporting Issues
38.5.2.1. Promptly report any bugs, errors, or other issues encountered during testing to the company.
38.6. Limitations of Liability
The company disclaims liability for any issues arising from participation in the beta testing program.
38.6.1. No Warranty
38.6.1.1. Beta features are provided without warranties of any kind, including fitness for a particular purpose or non-infringement.
38.6.2. Indemnification
38.6.2.1. Beta testers agree to indemnify the company against any claims, damages, or losses arising from their participation, as outlined in Clause 13 (Indemnification).
38.7. Data Collection and Usage
Participation in beta testing may involve the collection and analysis of user data.
38.7.1. Consent to Data Collection
38.7.1.1. Beta testers consent to the collection, use, and storage of data related to their interaction with beta features.
38.7.2. Anonymization and Privacy
38.7.2.1. Data collected during beta testing will be anonymized where possible and handled in accordance with Clause 7 (Privacy Policy).
38.8. Termination of Participation
The company reserves the right to terminate a beta tester’s participation at any time for any reason.
38.8.1. Voluntary Withdrawal
38.8.1.1. Beta testers may withdraw from the program at any time by notifying the company.
38.8.2. Termination for Breach
38.8.2.1. Violations of this agreement may result in immediate termination of access to beta features and further legal action.
38.9. Intellectual Property Rights
The company retains all intellectual property rights over beta features and any improvements derived from feedback.
38.9.1. User Contributions
38.9.1.1. Feedback submitted by beta testers becomes the property of the company and may be used for development or commercialization without compensation.
38.10. Jurisdictional Compliance
This agreement complies with laws governing software testing and intellectual property in relevant jurisdictions.
38.10.1. Australia
38.10.1.1. Compliance with the Copyright Act 1968 (Cth) and the Competition and Consumer Act 2010 (Cth).
38.10.2. United States
38.10.2.1. Adherence to state and federal laws governing pre-release software testing, including trade secret protections.
38.10.3. European Union
38.10.3.1. Observance of GDPR requirements for data collection during beta programs.
38.11. Amendments to Beta Tester Agreement
The company reserves the right to update this agreement under Clause 14 (Changes to Terms).
38.11.1. Beta testers will be notified of significant updates and may be required to re-accept the agreement.
38.12. Dispute Resolution for Beta Tester Issues
Disputes related to beta testing participation will be resolved in accordance with Clause 33 (Dispute Resolution).
39. Blockchain or Cryptocurrency
39.1. Scope and Applicability
This clause governs the company’s use of blockchain technology and cryptocurrency in connection with its services.
39.1.1. Blockchain refers to a decentralized, distributed ledger technology used to record transactions or data securely.
39.1.2. Cryptocurrency refers to digital or virtual currencies that use blockchain technology for secure financial transactions.
39.1.3. This clause applies to all features, services, or transactions involving blockchain or cryptocurrency technologies.
39.2. Integration of Blockchain Technology
The company may utilize blockchain technology to enhance transparency, security, or efficiency within its platform.
39.2.1. Blockchain Features
39.2.1.1. Blockchain may be used for data verification, smart contracts, or secure transaction processing.
39.2.1.2. Any blockchain-based features will be clearly identified, with applicable terms provided at the point of use.
39.2.2. Immutable Records
39.2.2.1. Users acknowledge that data recorded on the blockchain may be immutable and cannot be altered or deleted.
39.3. Cryptocurrency Transactions
The company may accept or facilitate cryptocurrency transactions as a form of payment or for other platform functionalities.
39.3.1. Accepted Cryptocurrencies
39.3.1.1. The company will specify which cryptocurrencies are accepted for transactions, subject to market availability and operational feasibility.
39.3.2. Transaction Fees and Costs
39.3.2.1. Cryptocurrency transactions may be subject to additional fees, such as network or processing fees, which users must bear.
39.3.2.2. Fees will be disclosed at the time of the transaction.
39.3.3. Volatility Risks
39.3.3.1. Users acknowledge that cryptocurrency values are highly volatile and accept responsibility for any fluctuations that may affect their transactions.
39.4. Smart Contracts
The company may employ smart contracts for certain services or features.
39.4.1. Definition and Purpose
39.4.1.1. A smart contract is a self-executing contract with terms directly written into code and executed on a blockchain.
39.4.2. Binding Nature
39.4.2.1. Users agree that interactions governed by smart contracts are binding and enforceable under these terms.
39.5. User Responsibilities for Blockchain and Cryptocurrency
Users engaging in blockchain or cryptocurrency transactions are responsible for:
39.5.1. Compliance with Laws
39.5.1.1. Ensuring that their use of blockchain and cryptocurrency complies with applicable laws, including tax obligations and reporting requirements.
39.5.2. Secure Management
39.5.2.1. Safeguarding private keys, wallet credentials, and other security measures associated with cryptocurrency use.
39.5.2.2. The company is not liable for lost or stolen cryptocurrencies resulting from user negligence.
39.6. Prohibited Uses of Blockchain or Cryptocurrency
The following uses of blockchain or cryptocurrency are prohibited:
39.6.1. Illegal Activities
39.6.1.1. Using the platform for money laundering, terrorist financing, or other unlawful activities.
39.6.2. Fraudulent Transactions
39.6.2.1. Engaging in fraudulent schemes, including pump-and-dump practices or unauthorized mining.
39.7. Data Protection and Privacy
The company’s use of blockchain technology will comply with data protection laws and principles.
39.7.1. Anonymized Data
39.7.1.1. Personal data stored on the blockchain will be anonymized where feasible to protect user privacy.
39.7.2. GDPR Compliance
39.7.2.1. Blockchain implementations will adhere to the General Data Protection Regulation (GDPR) where applicable, balancing immutability with user rights.
39.8. Risk Disclosures
The company disclaims liability for risks associated with blockchain or cryptocurrency use, including:
39.8.1. Technological Risks
39.8.1.1. Vulnerabilities in blockchain technology or smart contracts that could lead to data loss or financial harm.
39.8.2. Market Risks
39.8.2.1. Volatility, lack of regulation, or market disruptions affecting cryptocurrency values.
39.9. Regional and Jurisdictional Compliance
The company’s blockchain and cryptocurrency practices comply with applicable laws in relevant jurisdictions.
39.9.1. Australia
39.9.1.1. Compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and guidance from AUSTRAC.
39.9.2. United States
39.9.2.1. Adherence to the Financial Crimes Enforcement Network (FinCEN) requirements and state-specific regulations for virtual currencies.
39.9.3. European Union
39.9.3.1. Observance of the EU’s Fifth Anti-Money Laundering Directive (5AMLD) and related cryptocurrency regulations.
39.10. Amendments to Blockchain or Cryptocurrency Policies
The company reserves the right to update its blockchain and cryptocurrency policies under Clause 14 (Changes to Terms).
39.10.1. Users will be notified of significant updates through the communication methods specified in Clause 16 (Contact Information).
39.11. Dispute Resolution for Blockchain or Cryptocurrency Issues
Disputes related to blockchain or cryptocurrency use will be resolved in accordance with Clause 33 (Dispute Resolution).
40. AI or Machine Learning Outputs
40.1. Scope and Applicability
This clause governs the use, access, and outputs generated by artificial intelligence (AI) or machine learning (ML) systems employed by the company.
40.1.1. AI or ML outputs refer to content, recommendations, analytics, or other results produced by automated systems or algorithms.
40.1.2. This clause applies to all users interacting with AI-powered features, tools, or content on the company’s platform.
40.2. Nature of AI and ML Outputs
The company employs AI and ML technologies to enhance user experience and operational efficiency.
40.2.1. Informational Purpose
40.2.1.1. AI-generated content is provided for informational or operational purposes and does not constitute professional advice, as outlined in Clause 35 (No Professional Advice Disclaimer).
40.2.2. Probabilistic Models
40.2.2.1. AI and ML systems operate on probabilistic models, and outputs may contain inaccuracies, biases, or errors.
40.3. User Responsibility
Users are responsible for critically evaluating AI-generated outputs and making independent decisions.
40.3.1. Verification of Outputs
40.3.1.1. Users must verify AI-generated outputs before relying on them for critical decisions, including legal, financial, or health-related matters.
40.3.2. Ethical Use
40.3.2.1. Users must not exploit AI-generated outputs for unethical purposes, including spreading misinformation or engaging in harmful activities.
40.4. Limitations and Disclaimers
The company disclaims liability for consequences arising from the use of AI or ML outputs.
40.4.1. No Guarantee of Accuracy
40.4.1.1. While the company endeavors to improve AI systems, it does not guarantee the accuracy, completeness, or applicability of outputs.
40.4.2. Exclusion of Liability
40.4.2.1. The company is not responsible for damages, losses, or claims resulting from user reliance on AI-generated outputs, as further detailed in Clause 9 (Limitation of Liability).
40.5. Data Use in AI and ML Systems
AI and ML systems may use user data for training, refinement, or operational purposes.
40.5.1. Consent to Data Use
40.5.1.1. By using AI-powered features, users consent to the inclusion of their interactions in datasets for improving system performance.
40.5.2. Data Anonymization
40.5.2.1. User data used for training or analysis will be anonymized to protect privacy, in compliance with Clause 7 (Privacy Policy).
40.6. Intellectual Property in AI Outputs
The company retains intellectual property rights over AI-generated outputs unless otherwise specified.
40.6.1. License for User Access
40.6.1.1. Users are granted a non-exclusive, limited license to use AI-generated outputs for personal or agreed-upon commercial purposes.
40.6.2. Prohibition on Reverse Engineering
40.6.2.1. Users must not attempt to reverse engineer, decompile, or otherwise derive the underlying algorithms of AI systems, as detailed in Clause 62 (Reverse Engineering or Data Scraping).
40.7. Ethical Guidelines for AI Usage
The company is committed to ensuring that its AI systems are developed and used ethically.
40.7.1. Bias and Fairness
40.7.1.1. The company strives to minimize bias in AI outputs and continuously monitors system performance for fairness and inclusivity.
40.7.2. Transparency
40.7.2.1. Users will be informed when they are interacting with AI-powered systems or content.
40.8. Jurisdictional Compliance
AI and ML practices comply with laws and guidelines in applicable jurisdictions.
40.8.1. Australia
40.8.1.1. Adherence to principles outlined by the Australian Human Rights Commission regarding AI ethics and fairness.
40.8.2. United States
40.8.2.1. Compliance with the National Institute of Standards and Technology (NIST) guidelines for AI accountability.
40.8.3. European Union
40.8.3.1. Observance of the EU Artificial Intelligence Act and related regulations governing AI transparency and risk mitigation.
40.9. Prohibited Uses of AI or ML Outputs
The following uses of AI-generated outputs are prohibited:
40.9.1. Misinformation
40.9.1.1. Using AI outputs to intentionally spread false or misleading information.
40.9.2. Harmful Applications
40.9.2.1. Leveraging AI outputs for illegal or harmful purposes, such as fraud or discrimination.
40.10. Amendments to AI or ML Policies
The company reserves the right to update its AI and ML policies under Clause 14 (Changes to Terms).
40.10.1. Users will be notified of significant updates through the communication methods outlined in Clause 16 (Contact Information).
40.11. Dispute Resolution for AI or ML Issues
Disputes related to AI or ML systems, outputs, or usage will be resolved in accordance with Clause 33 (Dispute Resolution).
41. User Loyalty Programs or Rewards
41.1. Scope and Applicability
This clause governs the terms and conditions of user loyalty programs or rewards offered by the company.
41.1.1. Loyalty programs refer to initiatives where users accumulate points, credits, or other benefits based on their interactions with the platform.
41.1.2. Rewards include discounts, exclusive access, physical items, or other incentives provided to participants in the loyalty program.
41.2. Enrollment and Eligibility
Participation in loyalty programs is subject to eligibility criteria and enrollment procedures.
41.2.1. User Eligibility
41.2.1.1. Eligibility criteria may include geographic location, account standing, or specific actions on the platform.
41.2.1.2. Users with suspended or terminated accounts under Clause 11 (Termination) are ineligible for loyalty programs.
41.2.2. Enrollment Process
41.2.2.1. Users may enroll in loyalty programs through the platform’s designated channels, such as account settings or promotional campaigns.
41.2.2.2. Enrollment is voluntary and subject to acceptance of these terms.
41.3. Earning and Redeeming Rewards
The company determines the rules for earning and redeeming rewards in loyalty programs.
41.3.1. Points or Credits Accumulation
41.3.1.1. Users earn points or credits for specified activities, such as purchases, referrals, or consistent platform use.
41.3.1.2. Points or credits may have expiration dates or usage limits, which will be disclosed at the time of issuance.
41.3.2. Reward Redemption
41.3.2.1. Rewards can be redeemed for eligible goods, services, or other incentives as described in the program details.
41.3.2.2. Redemption is subject to availability and any restrictions disclosed in the loyalty program terms.
41.4. Program Changes or Termination
The company reserves the right to modify, suspend, or terminate loyalty programs at its discretion.
41.4.1. Notification of Changes
41.4.1.1. Users will be notified of significant changes to loyalty programs at least 30 days in advance, unless immediate action is required for compliance or operational reasons.
41.4.2. Point or Credit Forfeiture
41.4.2.1. Points, credits, or rewards may be forfeited if the program is terminated or if the user fails to comply with these terms.
41.5. Fraud and Misuse
Users must not engage in fraudulent or abusive practices to earn or redeem rewards.
41.5.1. Prohibited Activities
41.5.1.1. Creating multiple accounts to exploit rewards, submitting false referrals, or using automated systems to manipulate loyalty metrics is strictly prohibited.
41.5.2. Consequences of Misuse
41.5.2.1. Fraudulent activities may result in disqualification from the loyalty program, forfeiture of rewards, and account suspension or termination under Clause 11 (Termination).
41.6. Non-Transferability of Rewards
Rewards, points, or credits earned through loyalty programs are non-transferable unless explicitly authorized by the company.
41.6.1. Restrictions on Transfers
41.6.1.1. Users may not sell, trade, or transfer rewards to third parties without prior written approval.
41.6.2. Family or Group Sharing
41.6.2.1. Group or family sharing of rewards may be permitted only if explicitly stated in the program terms.
41.7. Tax Implications
Users are responsible for any tax obligations arising from participation in loyalty programs or the receipt of rewards.
41.7.1. Tax Reporting
41.7.1.1. The company may provide tax-related information where required by law but is not responsible for users’ tax compliance.
41.8. Jurisdictional Compliance
Loyalty programs comply with relevant laws and regulations in applicable jurisdictions.
41.8.1. Australia
41.8.1.1. Compliance with the Australian Consumer Law regarding loyalty program disclosures and fairness.
41.8.2. United States
41.8.2.1. Adherence to Federal Trade Commission (FTC) guidelines on promotions and consumer rewards.
41.8.3. European Union
41.8.3.1. Observance of the EU Directive on Unfair Commercial Practices for transparency and fairness in loyalty programs.
41.9. Data Collection and Privacy
Data collected through loyalty programs will be handled in accordance with Clause 7 (Privacy Policy).
41.9.1. Usage of Data
41.9.1.1. Data may be used to track user activity, calculate rewards, and improve program offerings.
41.9.2. Opt-Out Options
41.9.2.1. Users may opt out of loyalty program-related data collection without forfeiting previously earned rewards unless explicitly stated in the program terms.
41.10. Amendments to Loyalty Program Terms
The company reserves the right to amend loyalty program terms under Clause 14 (Changes to Terms).
41.10.1. Users will be notified of significant amendments through designated communication channels.
41.11. Dispute Resolution for Loyalty Program Issues
Disputes related to loyalty programs or rewards will be resolved in accordance with Clause 33 (Dispute Resolution).
41.11.1. Users retain the right to escalate unresolved disputes to regulatory authorities or legal forums in their jurisdiction.
42. Educational or Informational Content
42.1. Scope and Applicability
This clause governs the use, distribution, and reliance on educational or informational content provided by the company.
42.1.1. Educational or informational content includes articles, tutorials, guides, videos, webinars, and other resources aimed at informing or educating users.
42.1.2. These provisions apply to all users accessing such content through the platform, whether paid or free of charge.
42.2. Purpose and Nature of Content
The company provides educational or informational content to enhance user knowledge and understanding of specific topics.
42.2.1. General Purpose
42.2.1.1. Content is intended for general informational purposes only and does not constitute professional advice, as outlined in Clause 35 (No Professional Advice Disclaimer).
42.2.2. No Guarantee of Results
42.2.2.1. The company does not guarantee specific outcomes or results from the use of educational or informational content.
42.3. User Responsibilities
Users are responsible for critically evaluating educational or informational content before acting upon it.
42.3.1. Independent Verification
42.3.1.1. Users should independently verify the accuracy, completeness, and applicability of the content to their circumstances.
42.3.2. Appropriate Application
42.3.2.1. Content must be used in compliance with local laws, regulations, and ethical standards.
42.4. Prohibited Uses
The following uses of educational or informational content are prohibited:
42.4.1. Unauthorized Commercial Exploitation
42.4.1.1. Users may not reproduce, distribute, or sell content for commercial purposes without the company’s prior written consent.
42.4.2. Misrepresentation
42.4.2.1. Users must not misrepresent the content as their own or use it to spread misinformation.
42.5. Intellectual Property Rights
The company retains all ownership rights over educational or informational content provided through its platform.
42.5.1. License for Personal Use
42.5.1.1. Users are granted a limited, non-transferable license to access and use content for personal, non-commercial purposes.
42.5.2. Restrictions on Modification
42.5.2.1. Users are prohibited from altering or creating derivative works based on the content without explicit permission.
42.6. Content Accuracy and Updates
The company endeavors to provide accurate and up-to-date content but does not guarantee its completeness or timeliness.
42.6.1. Content Review
42.6.1.1. Educational or informational content is reviewed periodically to ensure accuracy and relevance.
42.6.2. Right to Modify Content
42.6.2.1. The company reserves the right to update, remove, or modify content at its discretion.
42.7. Third-Party Content
Educational or informational content may include references or links to third-party resources.
42.7.1. No Endorsement
42.7.1.1. References to third-party content do not constitute endorsement or responsibility for its accuracy.
42.7.2. User Discretion
42.7.2.1. Users are encouraged to evaluate third-party resources independently.
42.8. Regional and Jurisdictional Compliance
Educational or informational content is designed to comply with relevant laws and regulations in applicable jurisdictions.
42.8.1. Australia
42.8.1.1. Compliance with the Competition and Consumer Act 2010 (Cth) regarding representations in educational materials.
42.8.2. United States
42.8.2.1. Adherence to Federal Trade Commission (FTC) guidelines on educational content and advertising.
42.8.3. European Union
42.8.3.1. Observance of the EU Consumer Rights Directive for transparency in digital content.
42.9. Feedback and Suggestions for Content
Users may provide feedback or suggestions to improve educational or informational content.
42.9.1. Submission of Feedback
42.9.1.1. Feedback may be submitted through the channels outlined in Clause 16 (Contact Information).
42.9.2. Company’s Use of Feedback
42.9.2.1. Feedback becomes the property of the company and may be used to enhance future content offerings.
42.10. Amendments to Content Policies
The company reserves the right to update its content policies under Clause 14 (Changes to Terms).
42.10.1. Users will be notified of significant changes through designated communication channels.
42.11. Dispute Resolution for Content Issues
Disputes related to educational or informational content will be resolved in accordance with Clause 33 (Dispute Resolution).
42.11.1. Users retain the right to escalate unresolved disputes to relevant authorities or legal forums.
43. Event Registration and Attendance
43.1. Scope and Applicability
This clause governs the terms and conditions associated with the registration, participation, and attendance of events organized or hosted by the company.
43.1.1. Events refer to workshops, webinars, conferences, seminars, or any other gathering, whether physical or virtual, facilitated by the company.
43.1.2. These provisions apply to all participants, including speakers, attendees, and sponsors.
43.2. Event Registration
Registration for events is required and subject to the terms outlined herein.
43.2.1. Registration Process
43.2.1.1. Users must complete the registration process through the company’s designated platform or channels, providing accurate and complete information.
43.2.1.2. Registration may be subject to payment, as outlined in Clause 15 (Refunds and Payments).
43.2.2. Confirmation and Access
43.2.2.1. Upon successful registration, participants will receive a confirmation email or ticket, which must be presented for access to the event.
43.3. Event Attendance
Participation in events requires adherence to the company’s guidelines and policies.
43.3.1. Code of Conduct
43.3.1.1. Participants must behave respectfully and comply with the rules outlined in Clause 60 (Anti-Harassment and Safe Space Policy).
43.3.1.2. Disruptive or inappropriate behavior may result in removal from the event without a refund.
43.3.2. Punctuality and Participation
43.3.2.1. Participants are expected to arrive or log in on time and actively engage in the event.
43.3.2.2. Late arrivals or absences may result in forfeiture of participation rights without reimbursement.
43.4. Event Changes and Cancellations
The company reserves the right to modify, postpone, or cancel events at its discretion.
43.4.1. Notification of Changes
43.4.1.1. Participants will be notified of significant changes or cancellations via email or other appropriate communication channels.
43.4.2. Refund Policy
43.4.2.1. Refunds for canceled or rescheduled events will be processed in accordance with Clause 15.
43.4.2.2. The company is not responsible for non-refundable expenses incurred by participants, such as travel or accommodation costs.
43.5. Event Content and Materials
Content shared during events is protected by the company’s intellectual property rights.
43.5.1. Recording and Distribution
43.5.1.1. Participants are prohibited from recording, reproducing, or distributing event content without the company’s prior written consent.
43.5.1.2. The company may record events and use the recordings for promotional or educational purposes, subject to privacy policies.
43.5.2. Access to Materials
43.5.2.1. Event-related materials, such as slides, handouts, or recordings, may be made available to participants post-event, subject to usage restrictions.
43.6. Sponsorship and Exhibitor Policies
Sponsors or exhibitors participating in events are subject to additional terms provided in their agreements.
43.6.1. Sponsorship Agreements
43.6.1.1. Sponsors must comply with the event’s branding, promotional, and logistical guidelines.
43.6.2. Exhibitor Responsibilities
43.6.2.1. Exhibitors are responsible for setting up, maintaining, and dismantling their displays in accordance with the company’s instructions.
43.7. Liability and Indemnification
The company disclaims liability for issues arising from event participation, except as required by law.
43.7.1. Personal Injury and Property Damage
43.7.1.1. Participants assume all risks associated with attending events, including personal injury or property damage, unless caused by the company’s negligence.
43.7.2. Third-Party Providers
43.7.2.1. The company is not responsible for the actions or omissions of third-party service providers involved in events, such as venues or caterers.
43.8. Data Collection and Privacy
Data collected during registration and attendance will be handled in accordance with Clause 7 (Privacy Policy).
43.8.1. Consent to Data Use
43.8.1.1. By registering for an event, participants consent to the collection, use, and storage of their data for event purposes.
43.8.2. Photographs and Recordings
43.8.2.1. Participants acknowledge that their image or likeness may be captured in event recordings or photographs for promotional purposes.
43.9. Regional and Jurisdictional Compliance
The company ensures that its event practices comply with applicable laws in relevant jurisdictions.
43.9.1. Australia
43.9.1.1. Compliance with the Australian Consumer Law regarding cancellations and refunds.
43.9.2. United States
43.9.2.1. Adherence to state and federal regulations governing public events and data protection.
43.9.3. European Union
43.9.3.1. Observance of GDPR requirements for data processing during event registration and participation.
43.10. Amendments to Event Policies
The company reserves the right to update its event policies under Clause 14 (Changes to Terms).
43.10.1. Participants will be notified of significant changes through designated communication channels.
43.11. Dispute Resolution for Event Issues
Disputes related to event registration, attendance, or content will be resolved in accordance with Clause 33 (Dispute Resolution).
43.11.1. Participants retain the right to escalate unresolved disputes to relevant regulatory authorities or legal forums.
44. Accessibility of Services
44.1. Scope and Applicability
This clause governs the company’s commitment to ensuring that its services are accessible to all users, including those with disabilities or specific accessibility needs.
44.1.1. Accessibility refers to the design and implementation of services to be usable by individuals with a wide range of abilities and needs.
44.1.2. These provisions apply to all users accessing the company’s services, whether through digital platforms, physical spaces, or third-party integrations.
44.2. Commitment to Accessibility
The company is dedicated to providing services that comply with recognized accessibility standards and regulations.
44.2.1. Adherence to Guidelines
44.2.1.1. The company follows globally recognized standards, such as the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, to ensure digital accessibility.
44.2.1.2. Physical facilities, if applicable, comply with local laws, such as the Americans with Disabilities Act (ADA) in the United States and the Disability Discrimination Act 1992 (Cth) in Australia.
44.2.2. Continuous Improvement
44.2.2.1. Accessibility audits, user feedback, and regular updates are conducted to maintain and improve accessibility.
44.3. Features Supporting Accessibility
The company provides features and tools to enhance service accessibility for all users.
44.3.1. Digital Accessibility
44.3.1.1. Digital platforms include screen reader compatibility, adjustable text sizes, and color contrast settings to accommodate users with visual or cognitive impairments.
44.3.1.2. Subtitles, transcripts, or sign language interpretation are provided for audio and video content where feasible.
44.3.2. Physical Accessibility
44.3.2.1. If physical locations are part of the services, facilities include ramps, elevators, and accessible restrooms in compliance with relevant laws.
44.4. User Responsibilities
Users are encouraged to utilize accessibility features and report any barriers they encounter.
44.4.1. Use of Assistive Technologies
44.4.1.1. Users should ensure their devices and software are compatible with assistive technologies to maximize accessibility.
44.4.2. Reporting Accessibility Barriers
44.4.2.1. Users may report barriers or accessibility issues through the channels outlined in Clause 16 (Contact Information).
44.5. Third-Party Integrations
Services provided by third parties integrated into the company’s platform must also comply with accessibility standards.
44.5.1. Vendor Requirements
44.5.1.1. Third-party providers are contractually obligated to meet or exceed the accessibility standards followed by the company.
44.5.2. Liability Disclaimer
44.5.2.1. The company disclaims liability for accessibility barriers caused by third-party providers not under its direct control, as outlined in Clause 76 (Liability for Third-Party Integrations).
44.6. Limitations of Accessibility
While the company strives to make services fully accessible, certain limitations may exist.
44.6.1. Legacy Systems
44.6.1.1. Older systems or content may not fully comply with current accessibility standards but will be updated as feasible.
44.6.2. Third-Party Content
44.6.2.1. Accessibility of third-party content embedded within the platform may depend on the content creator’s compliance with accessibility standards.
44.7. Regional and Jurisdictional Compliance
Accessibility efforts are aligned with the legal requirements of the jurisdictions in which the company operates.
44.7.1. Australia
44.7.1.1. Compliance with the Disability Discrimination Act 1992 (Cth) and associated Australian Human Rights Commission guidelines.
44.7.2. United States
44.7.2.1. Adherence to the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act for digital accessibility.
44.7.3. European Union
44.7.3.1. Observance of the European Accessibility Act and related regulations for services and facilities.
44.8. User Feedback and Collaboration
The company values user feedback to improve accessibility.
44.8.1. Accessibility Suggestions
44.8.1.1. Users are encouraged to provide suggestions for improving accessibility features through designated communication channels.
44.8.2. Engagement with Advocacy Groups
44.8.2.1. The company collaborates with disability advocacy organizations to ensure services meet diverse user needs.
44.9. Amendments to Accessibility Policies
The company reserves the right to update its accessibility policies under Clause 14 (Changes to Terms).
44.9.1. Users will be notified of significant changes through the methods outlined in Clause 16 (Contact Information).
44.10. Dispute Resolution for Accessibility Issues
Disputes related to accessibility will be resolved in accordance with Clause 33 (Dispute Resolution).
44.10.1. Users retain the right to escalate unresolved accessibility complaints to regulatory bodies, such as the Australian Human Rights Commission, the U.S. Department of Justice, or equivalent authorities in their jurisdiction.
45. API Usage Terms
45.1. Scope and Applicability
This clause governs the use, access, and restrictions associated with the Application Programming Interfaces (APIs) provided by the company.
45.1.1. API refers to a set of tools, protocols, and standards that allow third-party developers or users to interact with the company’s platform and services programmatically.
45.1.2. These provisions apply to all users, developers, and entities utilizing the company’s APIs.
45.2. Grant of API Access
The company provides access to its APIs subject to compliance with these terms and any applicable agreements.
45.2.1. Limited License
45.2.1.1. Users are granted a non-exclusive, non-transferable, and revocable license to access and use the APIs for approved purposes.
45.2.2. Approval Process
45.2.2.1. API access may require registration, application, or an agreement with the company, specifying the scope of use and limitations.
45.3. Permitted Uses of the API
API access is intended for enhancing the user experience and integrating services in compliance with these terms.
45.3.1. Development and Integration
45.3.1.1. Developers may use the API to create applications, tools, or integrations that interact with the company’s platform.
45.3.2. Data Retrieval
45.3.2.1. The API may be used to retrieve data explicitly authorized by the company, subject to privacy and security requirements outlined in Clause 7 (Privacy Policy).
45.4. Prohibited Uses of the API
The following uses of the API are strictly prohibited:
45.4.1. Unauthorized Access
45.4.1.1. Attempting to access or use APIs without proper authorization or beyond the granted scope of use.
45.4.2. Exceeding Usage Limits
45.4.2.1. Overloading the API with excessive requests, exceeding rate limits, or engaging in activities that compromise platform performance.
45.4.3. Reverse Engineering and Exploitation
45.4.3.1. Attempting to reverse engineer, decompile, or derive source code from the API or associated systems.
45.5. API Security and Data Protection
Users must ensure the security of their integrations and safeguard any data accessed via the API.
45.5.1. Authentication and Authorization
45.5.1.1. API access credentials, such as keys or tokens, must be kept confidential and used only for authorized purposes.
45.5.2. Compliance with Privacy Laws
45.5.2.1. Data accessed or processed through the API must comply with relevant privacy laws, including GDPR, the Australian Privacy Act 1988 (Cth), and the U.S. CCPA.
45.6. Monitoring and Enforcement
The company reserves the right to monitor API usage and enforce compliance with these terms.
45.6.1. Usage Monitoring
45.6.1.1. The company may monitor API requests, response times, and usage patterns to ensure proper functionality and compliance.
45.6.2. Termination of Access
45.6.2.1. API access may be suspended or terminated for violations of these terms or unauthorized activities.
45.7. Intellectual Property Rights
The company retains all intellectual property rights over the APIs and associated documentation.
45.7.1. No Ownership Transfer
45.7.1.1. API access does not grant users any ownership rights over the APIs or related intellectual property.
45.7.2. Attribution Requirements
45.7.2.1. Developers must include appropriate attribution to the company in their applications or integrations, as specified in the API documentation.
45.8. Liability and Indemnification
Users of the API agree to indemnify the company against any claims, damages, or losses arising from misuse of the API.
45.8.1. Limitation of Liability
45.8.1.1. The company disclaims liability for damages resulting from API usage, including service interruptions or data breaches, as outlined in Clause 9 (Limitation of Liability).
45.9. Jurisdictional Compliance
API usage must comply with all applicable laws and regulations in the jurisdictions where the API is accessed or deployed.
45.9.1. Australia
45.9.1.1. Compliance with the Competition and Consumer Act 2010 (Cth) and the Privacy Act 1988 (Cth).
45.9.2. United States
45.9.2.1. Adherence to the Computer Fraud and Abuse Act (CFAA) and other relevant federal and state laws.
45.9.3. European Union
45.9.3.1. Observance of GDPR requirements for data accessed or processed via the API.
45.10. Amendments to API Usage Terms
The company reserves the right to update API usage terms under Clause 14 (Changes to Terms).
45.10.1. Users will be notified of significant updates through the channels specified in Clause 16 (Contact Information).
45.11. Dispute Resolution for API Issues
Disputes related to API usage will be resolved in accordance with Clause 33 (Dispute Resolution).
46. Crowdfunding or Donations
46.1. Scope and Applicability
This clause governs the terms related to crowdfunding campaigns, donation processes, and related contributions facilitated by the company.
46.1.1. Crowdfunding refers to campaigns initiated to raise funds for specific projects, initiatives, or causes, typically through small contributions from multiple individuals.
46.1.2. Donations refer to voluntary contributions provided by users without the expectation of goods, services, or monetary returns.
46.2. Purpose of Crowdfunding and Donations
The company facilitates crowdfunding or donations to support projects, initiatives, or causes as described on its platform.
46.2.1. Transparency of Purpose
46.2.1.1. Campaigns and donation initiatives will include clear descriptions of their goals, intended use of funds, and expected outcomes.
46.2.2. Platform Use
46.2.2.1. All crowdfunding and donation activities must occur through designated tools or features on the company’s platform.
46.3. User Responsibilities
Users participating in crowdfunding or donation activities are responsible for ensuring compliance with these terms.
46.3.1. Contributors
46.3.1.1. Contributors must ensure that funds provided are legally obtained and that their participation complies with applicable laws in their jurisdiction.
46.3.2. Campaign Organizers
46.3.2.1. Campaign organizers must use funds solely for the stated purposes and provide accurate updates on the campaign’s progress and outcomes.
46.3.2.2. Organizers are prohibited from misrepresenting goals, intended use of funds, or outcomes to contributors.
46.4. Fees and Deductions
The company may charge fees or retain a portion of contributions to cover operational costs.
46.4.1. Platform Fees
46.4.1.1. Fees, including processing and administrative charges, will be clearly disclosed to both organizers and contributors before transactions.
46.4.2. Third-Party Fees
46.4.2.1. Contributions may also incur additional fees imposed by payment processors or third-party platforms.
46.5. Refund Policy
Refunds for contributions are subject to the terms outlined herein.
46.5.1. Non-Refundable Contributions
46.5.1.1. Unless explicitly stated, contributions to crowdfunding campaigns or donations are non-refundable.
46.5.2. Exception Handling
46.5.2.1. Refunds may be issued in cases of proven fraud, significant misrepresentation by the organizer, or other extraordinary circumstances at the company’s discretion.
46.6. Prohibited Activities
The following activities are prohibited in crowdfunding or donation processes:
46.6.1. Fraudulent Campaigns
46.6.1.1. Organizing campaigns under false pretenses or with the intention of misappropriating funds.
46.6.2. Illegal Purposes
46.6.2.1. Using contributions for unlawful activities or purposes that violate these terms or applicable laws.
46.6.3. Unauthorized Fundraising
46.6.3.1. Conducting fundraising activities on the platform without prior approval from the company.
46.7. Accountability and Reporting
Campaign organizers are accountable for providing updates and reports on the use of funds.
46.7.1. Progress Updates
46.7.1.1. Organizers must provide contributors with periodic updates on campaign progress and fund allocation.
46.7.2. Audits and Oversight
46.7.2.1. The company reserves the right to audit campaigns or request documentation to ensure compliance with stated goals.
46.8. Tax Implications
Contributors and organizers are responsible for understanding and fulfilling their tax obligations.
46.8.1. Contributor Responsibilities
46.8.1.1. Contributions may or may not be tax-deductible, depending on the jurisdiction and the nature of the campaign or donation.
46.8.2. Organizer Responsibilities
46.8.2.1. Organizers must comply with tax regulations regarding income reporting or charitable deductions in their jurisdiction.
46.9. Jurisdictional Compliance
Crowdfunding and donation activities comply with relevant laws in applicable jurisdictions.
46.9.1. Australia
46.9.1.1. Compliance with the Australian Consumer Law regarding representations and refunds, as well as charitable fundraising regulations.
46.9.2. United States
46.9.2.1. Adherence to the Federal Trade Commission (FTC) guidelines on crowdfunding and donation transparency.
46.9.3. European Union
46.9.3.1. Observance of the EU Consumer Rights Directive and charitable fundraising regulations.
46.10. Amendments to Crowdfunding or Donation Policies
The company reserves the right to update its crowdfunding and donation policies under Clause 14 (Changes to Terms).
46.10.1. Users will be notified of significant changes through the channels specified in Clause 16 (Contact Information).
46.11. Dispute Resolution for Crowdfunding or Donation Issues
Disputes related to crowdfunding campaigns or donations will be resolved in accordance with Clause 33 (Dispute Resolution).
46.11.1. Contributors and organizers retain the right to escalate unresolved disputes to relevant regulatory authorities or legal forums.
47. Environmental Impact
47.1. Scope and Applicability
This clause governs the company’s commitment to assessing, minimizing, and managing the environmental impact of its operations, services, and products.
47.1.1. Environmental impact refers to the effect of the company’s activities on natural ecosystems, including resource consumption, carbon emissions, and waste generation.
47.1.2. These provisions apply to all aspects of the company’s business, including supply chains, operations, and service delivery.
47.2. Commitment to Environmental Sustainability
The company is dedicated to integrating sustainability practices into its operations.
47.2.1. Reduction of Carbon Footprint
47.2.1.1. Efforts are made to minimize greenhouse gas emissions through energy-efficient practices, renewable energy use, and carbon offset programs.
47.2.2. Sustainable Resource Use
47.2.2.1. The company prioritizes the use of sustainable materials, waste reduction, and recycling initiatives in its supply chain and operations.
47.2.3. Compliance with Environmental Standards
47.2.3.1. Operations adhere to applicable environmental laws and standards in all jurisdictions of operation.
47.3. Product and Service Design
Environmental considerations are incorporated into the design and delivery of the company’s products and services.
47.3.1. Eco-Friendly Products
47.3.1.1. Products are designed to be energy-efficient, recyclable, or biodegradable where feasible.
47.3.2. Digital Services
47.3.2.1. Digital services aim to reduce paper use, energy consumption, and other environmental impacts.
47.4. Supply Chain and Partner Requirements
Suppliers, vendors, and partners are expected to align with the company’s environmental values.
47.4.1. Sustainable Sourcing
47.4.1.1. Preference is given to suppliers using environmentally friendly materials and practices.
47.4.2. Monitoring and Accountability
47.4.2.1. The company may audit suppliers and partners to ensure compliance with sustainability standards.
47.5. Environmental Awareness and Education
The company promotes environmental awareness among employees, users, and stakeholders.
47.5.1. Employee Training
47.5.1.1. Sustainability training and resources are provided to employees to foster eco-conscious practices.
47.5.2. User Engagement
47.5.2.1. Users are encouraged to participate in sustainability initiatives, such as product recycling programs or carbon offset contributions.
47.6. Environmental Impact Reporting
The company is committed to transparency in reporting its environmental performance.
47.6.1. Metrics and Benchmarks
47.6.1.1. Key performance indicators (KPIs) for sustainability, such as carbon emissions and waste reduction, are tracked and reported.
47.6.2. Public Disclosures
47.6.2.1. Environmental performance reports may be published periodically, outlining achievements, challenges, and goals.
47.7. Jurisdictional Compliance
Environmental practices are aligned with local and international laws and regulations.
47.7.1. Australia
47.7.1.1. Compliance with the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) and related state regulations.
47.7.2. United States
47.7.2.1. Adherence to federal and state environmental laws, including the Clean Air Act and the Resource Conservation and Recovery Act.
47.7.3. European Union
47.7.3.1. Observance of EU environmental directives, such as the Waste Framework Directive and the Renewable Energy Directive.
47.8. Continuous Improvement and Innovation
The company actively seeks to improve its environmental impact through research and innovation.
47.8.1. Emerging Technologies
47.8.1.1. Investments are made in technologies that reduce resource consumption and enhance sustainability.
47.8.2. Collaborations
47.8.2.1. The company collaborates with industry peers, non-profits, and government bodies to advance environmental goals.
47.9. Amendments to Environmental Policies
The company reserves the right to update its environmental policies under Clause 14 (Changes to Terms).
47.9.1. Users will be notified of significant changes through designated communication channels.
47.10. Dispute Resolution for Environmental Issues
Disputes related to environmental practices will be resolved in accordance with Clause 33 (Dispute Resolution).
48. Subscription Tiers or Premium Content
48.1. Scope and Applicability
This clause governs the terms and conditions related to subscription-based services, tiers, and premium content offered by the company.
48.1.1. Subscription tiers refer to structured plans that provide varying levels of access to the company’s services or features based on payment.
48.1.2. Premium content includes exclusive features, tools, or materials accessible only to users subscribed to specific tiers or plans.
48.2. Subscription Enrollment
Users may enroll in subscription plans subject to eligibility and registration requirements.
48.2.1. Eligibility
48.2.1.1. Users must have an active account and provide accurate payment details to enroll in subscription plans.
48.2.2. Registration Process
48.2.2.1. Enrollment is completed through the company’s platform, requiring user acceptance of these terms and any additional subscription-specific terms.
48.3. Subscription Tiers and Benefits
The company offers multiple subscription tiers, each with defined benefits and access levels.
48.3.1. Description of Tiers
48.3.1.1. Each subscription tier will include a clear description of the features, benefits, and limitations associated with the tier.
48.3.2. Premium Content Access
48.3.2.1. Access to premium content is limited to users subscribed to the applicable tier and is subject to these terms.
48.4. Payment and Billing
Subscription fees, billing cycles, and payment methods are governed by this section.
48.4.1. Billing Cycles
48.4.1.1. Subscriptions may be billed monthly, annually, or on another defined cycle as disclosed during enrollment.
48.4.2. Payment Methods
48.4.2.1. Users must provide valid payment information, such as credit card details or alternative payment methods accepted by the company.
48.4.3. Auto-Renewal
48.4.3.1. Subscriptions may renew automatically unless canceled by the user prior to the next billing cycle.
48.4.3.2. Users will receive prior notice of auto-renewal charges as required by applicable law.
48.5. Cancellation and Refunds
Subscription cancellation and refund policies are outlined in this section.
48.5.1. User Cancellation
48.5.1.1. Users may cancel their subscriptions at any time through their account settings, with termination effective at the end of the current billing cycle.
48.5.2. Refund Policy
48.5.2.1. Refunds may be issued in accordance with Clause 15 (Refunds and Payments), subject to regional regulations and company discretion.
48.6. Changes to Subscription Tiers or Premium Content
The company reserves the right to modify subscription offerings, including tier benefits, fees, or access.
48.6.1. Notification of Changes
48.6.1.1. Users will be notified of significant changes to subscription terms at least 30 days in advance, where feasible.
48.6.2. Impact of Changes
48.6.2.1. Users may choose to cancel their subscriptions without penalty if changes significantly alter the value or terms of their plan.
48.7. Prohibited Uses of Subscription Services
The following activities are prohibited in connection with subscription services:
48.7.1. Account Sharing
48.7.1.1. Sharing subscription account credentials with unauthorized individuals is strictly prohibited.
48.7.2. Unauthorized Access
48.7.2.1. Attempting to access premium content or higher-tier features without the appropriate subscription is prohibited.
48.8. Termination of Subscription
The company reserves the right to terminate subscriptions for violations of these terms.
48.8.1. For Cause Termination
48.8.1.1. Subscriptions may be terminated immediately for misuse, fraudulent activity, or non-payment.
48.8.2. Notice of Termination
48.8.2.1. The company will notify users of subscription termination and provide an explanation where applicable.
48.9. Jurisdictional Compliance
Subscription services comply with relevant consumer protection and billing laws in applicable jurisdictions.
48.9.1. Australia
48.9.1.1. Compliance with the Australian Consumer Law regarding subscription disclosures and refund policies.
48.9.2. United States
48.9.2.1. Adherence to the Restore Online Shoppers’ Confidence Act (ROSCA) for subscription billing practices.
48.9.3. European Union
48.9.3.1. Observance of the EU Consumer Rights Directive for subscription cancellation and refund rights.
48.10. Data and Privacy in Subscription Services
Data collected for subscription purposes will be handled in accordance with Clause 7 (Privacy Policy).
48.10.1. Usage of Data
48.10.1.1. Subscription data may be used for billing, analytics, and service improvements.
48.10.2. Data Retention
48.10.2.1. Subscription-related data will be retained only as long as necessary for billing and compliance purposes.
48.11. Dispute Resolution for Subscription Issues
Disputes related to subscriptions, premium content, or billing will be resolved in accordance with Clause 33 (Dispute Resolution).
49: Multilingual or Regional Terms
49.1. Scope and Applicability
This clause governs the company’s commitment to providing multilingual or region-specific terms to accommodate users across different linguistic and cultural contexts.
49.1.1. Multilingual terms refer to the translation and localization of these terms into various languages.
49.1.2. Regional terms include modifications or additional provisions designed to comply with jurisdiction-specific laws, cultural practices, or operational requirements.
49.2. Translation and Localization
The company endeavors to provide accurate translations and localizations of its terms and policies.
49.2.1. Primary Language
49.2.1.1. The original version of these terms, typically in English, will be considered the authoritative version in case of discrepancies or conflicts.
49.2.2. Quality Assurance
49.2.2.1. Translations are performed or reviewed by qualified professionals to ensure accuracy and cultural appropriateness.
49.2.3. User Notification
49.2.3.1. Users will be notified of the availability of multilingual or regional versions through platform notifications or designated channels.
49.3. Regional Adaptations
The company incorporates region-specific provisions to comply with local laws and cultural expectations.
49.3.1. Compliance with Local Laws
49.3.1.1. Regional terms are adapted to ensure compliance with local laws, including consumer protection, privacy, and data security regulations.
49.3.2. Cultural Relevance
49.3.2.1. Terms are adjusted to reflect local norms, languages, and user expectations, enhancing accessibility and understanding.
49.4. User Responsibility
Users are responsible for reviewing the appropriate version of the terms applicable to their region or language.
49.4.1. Understanding Local Versions
49.4.1.1. Users must ensure they understand the version of the terms applicable to their region or language.
49.4.2. Default to Original Version
49.4.2.1. In cases of uncertainty or ambiguity, the original English version will govern unless local law specifies otherwise.
49.5. Limitations of Translations
While the company strives for accuracy, translations may not perfectly capture the nuances of the original terms.
49.5.1. Discrepancies in Meaning
49.5.1.1. In the event of a conflict between translated versions and the original terms, the original version will take precedence.
49.5.2. Exclusions of Liability
49.5.2.1. The company disclaims liability for misunderstandings arising from translation inaccuracies, except where prohibited by law.
49.6. Notification of Updates
Updates to multilingual or regional terms will be communicated to users in their preferred language or regional version where possible.
49.6.1. Advance Notice
49.6.1.1. Users will receive advance notice of significant changes, as outlined in Clause 14 (Changes to Terms).
49.6.2. Simultaneous Updates
49.6.2.1. Updates to regional or multilingual versions will coincide with updates to the original version to ensure consistency.
49.7. Jurisdictional Compliance
Multilingual and regional terms comply with legal requirements in the jurisdictions where the company operates.
49.7.1. Australia
49.7.1.1. Regional terms align with the Competition and Consumer Act 2010 (Cth) and the Privacy Act 1988 (Cth).
49.7.2. United States
49.7.2.1. Adherence to federal and state laws governing consumer rights, privacy, and translations, such as California’s Consumer Privacy Act (CCPA).
49.7.3. European Union
49.7.3.1. Observance of the GDPR and the EU Consumer Rights Directive, including requirements for language accessibility.
49.8. Feedback and Suggestions for Regional Terms
Users are encouraged to provide feedback on the clarity or relevance of regional or multilingual terms.
49.8.1. Submission of Feedback
49.8.1.1. Feedback may be submitted through the channels outlined in Clause 16 (Contact Information).
49.8.2. Incorporation of Feedback
49.8.2.1. Suggestions will be reviewed and, where feasible, incorporated into subsequent updates to improve accessibility and comprehension.
49.9. Amendments to Multilingual or Regional Terms
The company reserves the right to amend regional or multilingual terms under Clause 14 (Changes to Terms).
49.9.1. Users will be notified of significant amendments in their preferred language or regional version.
49.10. Dispute Resolution for Regional or Multilingual Issues
Disputes related to regional or multilingual terms will be resolved in accordance with Clause 33 (Dispute Resolution).
50. Health and Safety Disclaimer
50.1. Scope and Applicability
This clause governs the company’s disclaimer of liability regarding health and safety matters related to its services, content, or products.
50.1.1. Health and safety refer to the physical, mental, and emotional well-being of users when interacting with the company’s platform, products, or services.
50.1.2. This clause applies to all users, participants, and purchasers of the company’s offerings, whether free or paid.
50.2. General Disclaimer
The company provides content, products, and services for informational or entertainment purposes and does not substitute professional health or safety advice.
50.2.1. No Medical Advice
50.2.1.1. The company does not provide medical, psychological, or safety advice, diagnosis, or treatment.
50.2.1.2. Users must consult qualified health professionals for guidance specific to their circumstances.
50.2.2. Assumption of Risk
50.2.2.1. Users assume all risks associated with the use of services or products, including physical or psychological impacts.
50.3. Health and Safety Content Limitations
Content related to health, fitness, or safety is for general knowledge and is not tailored to individual needs.
50.3.1. Accuracy and Timeliness
50.3.1.1. The company endeavors to provide accurate and up-to-date content but does not guarantee its completeness or reliability.
50.3.2. Third-Party Sources
50.3.2.1. Content derived from third-party sources is not endorsed or verified by the company. Users must exercise discretion when relying on such information.
50.4. Products and Services Usage
Users are responsible for ensuring that products or services provided by the company are suitable for their needs.
50.4.1. Product Warnings
50.4.1.1. Products provided by the company will include applicable safety warnings, usage instructions, and disclaimers.
50.4.2. Equipment and Facilities
50.4.2.1. If the company provides equipment or access to physical facilities, users must adhere to all safety guidelines and instructions provided.
50.5. Prohibited Activities
The company disclaims liability for injuries or harm resulting from prohibited activities.
50.5.1. Misuse of Products
50.5.1.1. Users must not misuse products or use them in ways contrary to provided instructions.
50.5.2. High-Risk Activities
50.5.2.1. Products and services are not intended for high-risk activities requiring specialized training or safety measures.
50.6. Emergency Situations
The company is not liable for emergency situations arising from the use of its services or products.
50.6.1. Contacting Emergency Services
50.6.1.1. In case of an emergency, users must contact local emergency services immediately.
50.6.2. No Real-Time Support
50.6.2.1. The company does not provide real-time emergency support or intervention services.
50.7. Jurisdictional Compliance
Health and safety disclaimers comply with applicable laws and regulations in relevant jurisdictions.
50.7.1. Australia
50.7.1.1. Compliance with the Australian Consumer Law regarding representations and disclaimers in health and safety-related content.
50.7.2. United States
50.7.2.1. Adherence to Federal Trade Commission (FTC) guidelines on health claims and product safety.
50.7.3. European Union
50.7.3.1. Observance of the EU Product Liability Directive and consumer safety regulations.
50.8. Feedback and Reporting
Users may report concerns about health and safety issues related to the company’s services or products.
50.8.1. Submission of Concerns
50.8.1.1. Users can report health or safety concerns through the contact methods outlined in Clause 16 (Contact Information).
50.8.2. Company Response
50.8.2.1. The company will investigate and address legitimate health and safety concerns promptly.
50.9. Amendments to Health and Safety Policies
The company reserves the right to update its health and safety disclaimers under Clause 14 (Changes to Terms).
50.9.1. Users will be notified of significant changes through the communication channels specified in Clause 16.
50.10. Dispute Resolution for Health and Safety Issues
Disputes related to health and safety matters will be resolved in accordance with Clause 33 (Dispute Resolution).
51. Contest and Sweepstakes Rules
51.1. Scope and Applicability
This clause governs the terms and conditions for contests, sweepstakes, giveaways, or promotions (collectively referred to as "Promotions") organized by the company.
51.1.1. Promotions refer to any events where participants are eligible to win prizes, rewards, or recognition based on criteria such as chance, skill, or a combination of both.
51.1.2. These provisions apply to all users participating in Promotions, subject to any additional terms disclosed at the time of entry.
51.2. Eligibility
Participation in Promotions is subject to eligibility criteria established by the company.
51.2.1. General Eligibility Requirements
51.2.1.1. Participants must meet the minimum age requirement, typically 18 years or older, or the age of majority in their jurisdiction.
51.2.1.2. Employees of the company, their immediate family members, and affiliates are generally ineligible to participate unless explicitly stated otherwise.
51.2.2. Regional Restrictions
51.2.2.1. Participation may be restricted to residents of specific regions or countries, as detailed in the Promotion rules.
51.3. Entry Mechanisms
The company provides clear instructions for entering Promotions.
51.3.1. Methods of Entry
51.3.1.1. Entries may be submitted through specified channels, such as online forms, social media platforms, or mail-in submissions.
51.3.1.2. Some Promotions may allow multiple entries per participant, subject to limits disclosed in the rules.
51.3.2. No Purchase Necessary
51.3.2.1. Unless explicitly stated, no purchase is necessary to participate in sweepstakes or contests. Alternative entry methods will be provided where required by law.
51.4. Selection of Winners
The process for selecting winners will be outlined in the Promotion-specific rules.
51.4.1. Random Selection
51.4.1.1. Sweepstakes winners will be chosen at random from eligible entries using a fair and transparent process.
51.4.2. Skill-Based Judging
51.4.2.1. Contests based on skill will be judged according to predefined criteria, such as creativity, originality, or adherence to the contest theme.
51.4.3. Notification of Winners
51.4.3.1. Winners will be notified via the contact information provided at entry and may be required to confirm acceptance within a specified timeframe.
51.5. Prizes and Rewards
Details of prizes or rewards will be disclosed at the time of entry.
51.5.1. Description and Value
51.5.1.1. Prizes will be described in detail, including approximate retail value (ARV), and may not be substituted or transferred unless explicitly permitted.
51.5.2. Delivery of Prizes
51.5.2.1. Prizes will be delivered to winners within a reasonable timeframe, subject to verification of eligibility and compliance with the rules.
51.6. Taxes and Fees
Participants are responsible for any applicable taxes, fees, or costs associated with accepting prizes.
51.6.1. Tax Reporting
51.6.1.1. Winners may receive tax documents, such as IRS Form 1099 in the United States, for prizes exceeding the threshold value.
51.7. Disqualification and Fraud Prevention
The company reserves the right to disqualify participants for violating rules or engaging in fraudulent activities.
51.7.1. Prohibited Conduct
51.7.1.1. Submitting false information, tampering with the entry process, or attempting to manipulate the outcome of a Promotion is strictly prohibited.
51.7.2. Consequences of Violations
51.7.2.1. Violations may result in disqualification, forfeiture of prizes, and legal action.
51.8. Publicity and Privacy
Participation in Promotions may involve publicity obligations or the handling of personal data.
51.8.1. Publicity Consent
51.8.1.1. By entering, participants may grant the company permission to use their name, likeness, or entry for promotional purposes without additional compensation, where allowed by law.
51.8.2. Data Collection and Use
51.8.2.1. Personal data collected during entry will be handled in accordance with Clause 7 (Privacy Policy).
51.9. Jurisdictional Compliance
Promotions comply with laws and regulations in the jurisdictions where they are offered.
51.9.1. Australia
51.9.1.1. Compliance with state-specific requirements for trade promotions, such as obtaining permits for sweepstakes in New South Wales and Victoria.
51.9.2. United States
51.9.2.1. Adherence to Federal Trade Commission (FTC) guidelines and state laws governing contests and sweepstakes.
51.9.3. European Union
51.9.3.1. Observance of the EU Consumer Rights Directive and General Data Protection Regulation (GDPR) for participant data protection.
51.10. Amendments to Promotion Rules
The company reserves the right to update Promotion rules under Clause 14 (Changes to Terms).
51.10.1. Participants will be notified of significant changes through designated communication channels.
51.11. Dispute Resolution for Promotion Issues
Disputes related to contests, sweepstakes, or giveaways will be resolved in accordance with Clause 33 (Dispute Resolution).
52. Employee or Contractor Guidelines
52.1. Scope and Applicability
This clause governs the terms, responsibilities, and guidelines for employees and contractors engaged by the company.
52.1.1. Employees refer to individuals hired by the company under employment agreements, subject to labor laws.
52.1.2. Contractors refer to individuals or entities engaged under contractual arrangements to provide specific services or projects.
52.1.3. These guidelines apply to all employees and contractors, unless otherwise specified in their individual agreements.
52.2. Engagement and Onboarding
The company ensures a clear and fair process for engaging employees and contractors.
52.2.1. Employment Agreements
52.2.1.1. Employees are provided with written contracts outlining their role, responsibilities, compensation, and terms of employment.
52.2.2. Contractor Agreements
52.2.2.1. Contractors are required to sign agreements detailing the scope of services, deliverables, compensation, and confidentiality obligations.
52.2.3. Onboarding Procedures
52.2.3.1. All new employees and contractors undergo onboarding to understand the company’s policies, code of conduct, and operational processes.
52.3. Responsibilities and Performance Standards
Employees and contractors are expected to perform their duties in compliance with the company’s standards and guidelines.
52.3.1. Responsibilities of Employees
52.3.1.1. Employees must perform their assigned duties diligently, ethically, and in accordance with company policies.
52.3.2. Responsibilities of Contractors
52.3.2.1. Contractors must deliver services as outlined in their agreements, meeting agreed-upon timelines and quality standards.
52.3.3. Performance Reviews
52.3.3.1. The company conducts regular performance reviews for employees and contractors to ensure standards are met.
52.4. Confidentiality and Intellectual Property
Employees and contractors are bound by confidentiality and intellectual property obligations.
52.4.1. Confidential Information
52.4.1.1. Employees and contractors must protect any confidential information disclosed during their engagement, as outlined in Clause 5 (Intellectual Property Rights).
52.4.2. Work Product Ownership
52.4.2.1. Intellectual property created during the course of employment or contractual engagement is owned by the company, unless otherwise specified.
52.5. Compliance with Company Policies
Employees and contractors must adhere to the company’s policies and procedures.
52.5.1. Code of Conduct
52.5.1.1. Adherence to the company’s Code of Conduct is mandatory, covering ethical behavior, anti-discrimination, and workplace safety.
52.5.2. Acceptable Use of Resources
52.5.2.1. Company resources, including equipment and information systems, must be used responsibly and only for authorized purposes.
52.6. Termination of Engagement
The company reserves the right to terminate employment or contractual agreements under specific conditions.
52.6.1. Termination of Employees
52.6.1.1. Employment may be terminated for cause, such as misconduct or underperformance, or without cause, subject to notice periods and applicable labor laws.
52.6.2. Termination of Contractors
52.6.2.1. Contracts may be terminated for failure to meet deliverables, breaches of agreement, or at the company’s discretion, as outlined in the contract terms.
52.7. Dispute Resolution
Disputes between the company and employees or contractors will be handled in accordance with company policies and applicable laws.
52.7.1. Internal Resolution
52.7.1.1. Employees and contractors are encouraged to resolve disputes through internal grievance procedures before pursuing external remedies.
52.7.2. Legal Compliance
52.7.2.1. Dispute resolution processes comply with applicable labor laws and contractual obligations.
52.8. Jurisdictional Compliance
The company ensures compliance with employment and contractor-related laws in relevant jurisdictions.
52.8.1. Australia
52.8.1.1. Compliance with the Fair Work Act 2009 (Cth) for employee rights and workplace standards.
52.8.2. United States
52.8.2.1. Adherence to federal and state employment laws, such as the Fair Labor Standards Act (FLSA).
52.8.3. European Union
52.8.3.1. Observance of the EU Directive on Transparent and Predictable Working Conditions.
52.9. Amendments to Employee or Contractor Guidelines
The company reserves the right to update these guidelines under Clause 14 (Changes to Terms).
52.9.1. Employees and contractors will be notified of significant amendments in writing or through designated communication channels.
52.10. Dispute Resolution for Employment or Contractor Issues
Disputes related to employment or contractor terms will be resolved in accordance with Clause 33 (Dispute Resolution).
53. Security and Vulnerability Reporting
53.1. Scope and Applicability
This clause governs the processes and obligations related to identifying, reporting, and addressing security vulnerabilities within the company’s systems, platforms, and products.
53.1.1. Security vulnerabilities refer to weaknesses in software, infrastructure, or processes that could be exploited to compromise data integrity, confidentiality, or availability.
53.1.2. These provisions apply to all users, employees, contractors, and third-party vendors who interact with the company’s systems or products.
53.2. Commitment to Security
The company is committed to maintaining the highest standards of security and addressing vulnerabilities promptly and transparently.
53.2.1. Preventative Measures
53.2.1.1. Regular security assessments, audits, and penetration testing are conducted to identify and mitigate potential vulnerabilities.
53.2.2. Collaborative Approach
53.2.2.1. The company encourages responsible reporting of vulnerabilities by users, researchers, and other stakeholders.
53.3. Reporting Vulnerabilities
Individuals or entities identifying security vulnerabilities must report them responsibly to the company.
53.3.1. Designated Channels
53.3.1.1. Vulnerabilities must be reported through official channels, such as a security email address or web form specified in Clause 16 (Contact Information).
53.3.2. Information to Include
53.3.2.1. Reports should include a detailed description of the vulnerability, steps to reproduce it, and any potential impact observed.
53.3.3. Non-Disclosure During Review
53.3.3.1. Reporters agree not to publicly disclose the vulnerability until the company has verified and addressed the issue.
53.4. Company Response to Reports
The company will respond to security vulnerability reports in a timely and transparent manner.
53.4.1. Acknowledgment of Receipt
53.4.1.1. The company will acknowledge receipt of the report within a defined period, typically 3-5 business days.
53.4.2. Evaluation and Mitigation
53.4.2.1. Reported vulnerabilities will be evaluated for validity and risk level, followed by appropriate mitigation measures.
53.4.3. Notification of Resolution
53.4.3.1. Reporters will be informed of the resolution status and any actions taken to address the vulnerability.
53.5. Prohibited Activities
The company prohibits malicious exploitation of vulnerabilities or unauthorized access attempts.
53.5.1. Exploitation
53.5.1.1. Exploiting vulnerabilities to gain unauthorized access, disrupt services, or harm users is strictly prohibited and may result in legal action.
53.5.2. Unlawful Reporting Methods
53.5.2.1. Use of illegal methods, such as phishing or brute force attacks, to identify vulnerabilities is prohibited.
53.6. Recognition and Incentives
The company may provide recognition or incentives for responsible vulnerability reporting.
53.6.1. Acknowledgment
53.6.1.1. Reporters may be acknowledged publicly, subject to their consent, for their contributions to security improvements.
53.6.2. Bug Bounty Programs
53.6.2.1. Monetary rewards or other incentives may be provided for eligible reports under the company’s bug bounty program, if applicable.
53.7. Jurisdictional Compliance
The company ensures that its security and vulnerability practices comply with applicable laws and regulations.
53.7.1. Australia
53.7.1.1. Compliance with the Cybercrime Act 2001 (Cth) and the Security of Critical Infrastructure Act 2018 (Cth).
53.7.2. United States
53.7.2.1. Adherence to the Computer Fraud and Abuse Act (CFAA) and National Institute of Standards and Technology (NIST) guidelines.
53.7.3. European Union
53.7.3.1. Observance of the General Data Protection Regulation (GDPR) for data security obligations and breach notifications.
53.8. Data Privacy and Protection
The company ensures that vulnerability reporting and resolution processes protect user and reporter data.
53.8.1. Anonymity Options
53.8.1.1. Reporters may submit vulnerabilities anonymously or request their identity to remain confidential.
53.8.2. Data Retention
53.8.2.1. Data related to vulnerability reports will be retained only as long as necessary for resolution and compliance.
53.9. Amendments to Security Policies
The company reserves the right to update its security and vulnerability reporting policies under Clause 14 (Changes to Terms).
53.9.1. Users and stakeholders will be notified of significant updates through the channels specified in Clause 16.
53.10. Dispute Resolution for Security Issues
Disputes related to security vulnerabilities, reporting processes, or company responses will be resolved in accordance with Clause 33 (Dispute Resolution).
54. Age Verification
54.1. Scope and Applicability
This clause governs the company’s policies and procedures for verifying the age of users to ensure compliance with legal, regulatory, and platform-specific requirements.
54.1.1. Age verification refers to processes designed to confirm that users meet the minimum age requirements for accessing certain services, content, or features.
54.1.2. These provisions apply to all users who are subject to age restrictions, as determined by applicable laws or company policies.
54.2. Minimum Age Requirements
The company sets minimum age requirements for accessing its services based on jurisdictional and platform-specific standards.
54.2.1. General Requirements
54.2.1.1. Users must be at least 13 years old to create an account or access the platform, unless otherwise stipulated by local laws.
54.2.2. Age-Specific Features
54.2.2.1. Certain features or content may have higher age thresholds, such as 18 years or older, based on legal or safety considerations.
54.3. Age Verification Methods
The company employs various methods to verify user age, as appropriate to the service or jurisdiction.
54.3.1. Self-Certification
54.3.1.1. Users may be required to confirm their date of birth during registration or when accessing restricted content.
54.3.2. Document Verification
54.3.2.1. For certain services, users may be asked to provide government-issued identification or other documents to verify their age.
54.3.3. Third-Party Services
54.3.3.1. The company may utilize third-party age verification services to streamline and enhance the verification process.
54.4. Parental or Guardian Consent
Where applicable, the company may require consent from a parent or guardian for users under the age of majority.
54.4.1. Consent Mechanism
54.4.1.1. Parents or guardians may need to complete a consent form or verify their identity before granting access to certain services.
54.4.2. Responsibility of Parents or Guardians
54.4.2.1. Parents or guardians are responsible for supervising the use of the platform by minors under their care.
54.5. Prohibited Activities
Users are prohibited from misrepresenting their age or attempting to bypass age verification mechanisms.
54.5.1. Falsification of Information
54.5.1.1. Providing false information or using another individual’s identification to circumvent age restrictions is strictly prohibited.
54.5.2. Unauthorized Access
54.5.2.1. Users who fail to meet age requirements must not attempt to access restricted services, content, or features.
54.6. Consequences of Non-Compliance
Violations of age verification policies may result in penalties, including account suspension or termination.
54.6.1. Account Actions
54.6.1.1. Accounts associated with age misrepresentation may be suspended or terminated under Clause 11 (Termination).
54.6.2. Legal Actions
54.6.2.1. The company reserves the right to report violations involving minors to relevant authorities, as required by law.
54.7. Data Protection in Age Verification
The company ensures that age verification processes comply with data protection regulations.
54.7.1. Data Minimization
54.7.1.1. Only the minimum necessary information will be collected and stored for age verification purposes.
54.7.2. Retention and Deletion
54.7.2.1. Age verification data will be retained only as long as required for compliance and will be deleted thereafter, in accordance with Clause 7 (Privacy Policy).
54.8. Jurisdictional Compliance
Age verification practices comply with legal requirements in the jurisdictions where the company operates.
54.8.1. Australia
54.8.1.1. Compliance with the Online Safety Act 2021 and related Australian regulatory standards.
54.8.2. United States
54.8.2.1. Adherence to the Children’s Online Privacy Protection Act (COPPA) and state-specific age-related requirements.
54.8.3. European Union
54.8.3.1. Observance of GDPR Article 8 regarding the processing of children’s personal data and age verification.
54.9. Feedback and Reporting
Users or guardians may provide feedback or report issues related to age verification.
54.9.1. Feedback Submission
54.9.1.1. Concerns or suggestions can be submitted through the channels outlined in Clause 16 (Contact Information).
54.9.2. Company Response
54.9.2.1. The company will address reported issues promptly and transparently.
54.10. Amendments to Age Verification Policies
The company reserves the right to update its age verification policies under Clause 14 (Changes to Terms).
54.10.1. Users will be notified of significant updates through designated communication channels.
54.11. Dispute Resolution for Age Verification Issues
Disputes related to age verification will be resolved in accordance with Clause 33 (Dispute Resolution).
55. Influencer or Affiliate Collaboration
55.1. Scope and Applicability
This clause governs the terms and conditions related to collaborations with influencers or affiliates who promote the company’s products, services, or brand.
55.1.1. Influencers are individuals or entities with a social media or online presence who promote the company’s offerings through agreed-upon campaigns or partnerships.
55.1.2. Affiliates are individuals or entities earning commissions or rewards by driving sales or traffic to the company through referral links or codes.
55.1.3. These provisions apply to all influencers and affiliates engaged in promotional activities on behalf of the company.
55.2. Engagement Process
Collaborations with influencers or affiliates require mutual agreement and compliance with these terms.
55.2.1. Application or Invitation
55.2.1.1. Influencers and affiliates may apply or be invited to participate in promotional activities, subject to approval by the company.
55.2.2. Agreement
55.2.2.1. All collaborations are formalized through a written agreement detailing roles, compensation, and compliance requirements.
55.3. Promotional Guidelines
Influencers and affiliates must adhere to guidelines governing their promotional activities.
55.3.1. Transparency and Disclosure
55.3.1.1. All promotional content must include clear and conspicuous disclosures of the relationship with the company, as required by law (e.g., “#ad” or “sponsored”).
55.3.2. Brand Representation
55.3.2.1. Influencers and affiliates must represent the company’s brand and products accurately and ethically, avoiding false or misleading claims.
55.3.3. Platform Compliance
55.3.3.1. Promotional activities must comply with the terms and policies of the platforms where content is posted.
55.4. Compensation and Rewards
Compensation for influencers and affiliates is determined by their agreements with the company.
55.4.1. Payment Structure
55.4.1.1. Influencers may receive fixed payments, performance-based incentives, or non-monetary rewards, as outlined in their contracts.
55.4.1.2. Affiliates typically earn commissions based on sales or traffic generated through referral links or codes.
55.4.2. Payment Timeline
55.4.2.1. Payments are processed within the timeframe specified in the agreement, subject to verification of performance metrics.
55.5. Prohibited Activities
The following activities are prohibited for influencers and affiliates:
55.5.1. Misrepresentation
55.5.1.1. Making false claims about the company, its products, or services.
55.5.2. Fraudulent Behavior
55.5.2.1. Generating fake traffic, purchases, or engagement to inflate performance metrics.
55.5.3. Brand Damage
55.5.3.1. Engaging in behavior that harms the company’s reputation or violates its ethical standards.
55.6. Intellectual Property and Content Ownership
The company retains ownership of its intellectual property, while influencers and affiliates may retain ownership of original content created for promotions.
55.6.1. Use of Company Assets
55.6.1.1. Influencers and affiliates may use logos, images, or other brand assets provided by the company solely for authorized promotional activities.
55.6.2. Content Licensing
55.6.2.1. The company may request a non-exclusive, royalty-free license to use promotional content created by influencers or affiliates.
55.7. Monitoring and Compliance
The company reserves the right to monitor promotional activities to ensure compliance with these terms.
55.7.1. Content Review
55.7.1.1. Promotional content may be subject to review and approval by the company before publication.
55.7.2. Performance Monitoring
55.7.2.1. Affiliate traffic, sales, and engagement metrics will be tracked using company-provided tools or systems.
55.8. Termination of Collaboration
The company reserves the right to terminate collaborations for violations of these terms.
55.8.1. Immediate Termination
55.8.1.1. Collaborations may be terminated immediately for breaches of agreement, misconduct, or prohibited activities.
55.8.2. Notice of Termination
55.8.2.1. Termination notices will include reasons and, where applicable, instructions for resolving outstanding matters.
55.9. Jurisdictional Compliance
Influencer and affiliate collaborations comply with relevant advertising and consumer protection laws.
55.9.1. Australia
55.9.1.1. Compliance with the Australian Consumer Law regarding advertising and disclosure obligations.
55.9.2. United States
55.9.2.1. Adherence to Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
55.9.3. European Union
55.9.3.1. Observance of the EU Consumer Rights Directive and national advertising regulations.
55.10. Dispute Resolution for Collaboration Issues
Disputes related to influencer or affiliate collaborations will be resolved in accordance with Clause 33 (Dispute Resolution).
56. Data Portability
56.1. Scope and Applicability
This clause governs the rights and processes related to data portability, allowing users to transfer their data from the company’s platform to another service or provider.
56.1.1. Data portability refers to the ability of users to obtain and reuse their personal data across different services in a structured, commonly used, and machine-readable format.
56.1.2. These provisions apply to all users whose data portability rights are established under applicable laws or company policies.
56.2. User Rights
Users have the right to request the portability of their personal data, subject to legal and technical limitations.
56.2.1. Eligibility
56.2.1.1. Data portability requests are applicable to personal data provided by the user and processed based on user consent or for the performance of a contract.
56.2.2. Format of Data
56.2.2.1. Personal data will be provided in a structured, commonly used, and machine-readable format, such as JSON or CSV, unless otherwise agreed upon.
56.3. Requesting Data Portability
Users may request data portability through the processes outlined in this section.
56.3.1. Submission of Requests
56.3.1.1. Requests must be submitted through designated channels, such as an online form or email address provided in Clause 16 (Contact Information).
56.3.2. Verification of Identity
56.3.2.1. Users must verify their identity before the company processes their data portability request to ensure security and compliance.
56.3.3. Processing Timeline
56.3.3.1. Requests will be processed within 30 days of receipt, or as required by applicable laws.
56.4. Transfer of Data to Third Parties
Users may request that their data be directly transferred to another service or provider where technically feasible.
56.4.1. Third-Party Compatibility
56.4.1.1. Direct transfer is contingent upon compatibility between the company’s systems and the third-party’s systems.
56.4.2. Liability Disclaimer
56.4.2.1. The company is not responsible for the actions, policies, or data handling practices of third-party providers receiving the data.
56.5. Limitations of Data Portability
Certain data and scenarios may be exempt from data portability provisions.
56.5.1. Non-Personal Data
56.5.1.1. Data that is aggregated, anonymized, or otherwise not identifiable to an individual user is excluded from portability rights.
56.5.2. Conflict with Other Rights
56.5.2.1. Data portability requests may be denied if they conflict with other users’ rights or legal obligations, such as intellectual property protections or data retention requirements.
56.6. Data Security and Protection
The company ensures that data portability processes comply with security and privacy standards.
56.6.1. Encryption and Safeguards
56.6.1.1. Data will be securely encrypted during transfer to protect against unauthorized access or interception.
56.6.2. Retention of Exported Data
56.6.2.1. Users are responsible for securely managing exported data; the company is not liable for data breaches after transfer.
56.7. Jurisdictional Compliance
Data portability practices comply with legal requirements in the jurisdictions where the company operates.
56.7.1. Australia
56.7.1.1. Compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) regarding user data access and transfer rights.
56.7.2. United States
56.7.2.1. Adherence to applicable state laws, such as the California Consumer Privacy Act (CCPA), granting data portability rights.
56.7.3. European Union
56.7.3.1. Observance of the General Data Protection Regulation (GDPR), specifically Article 20, which mandates data portability rights.
56.8. Feedback and Reporting
Users may provide feedback or report issues related to data portability processes.
56.8.1. Feedback Submission
56.8.1.1. Concerns or suggestions can be submitted through the channels outlined in Clause 16 (Contact Information).
56.8.2. Company Response
56.8.2.1. The company will address reported issues promptly and transparently.
56.9. Amendments to Data Portability Policies
The company reserves the right to update its data portability policies under Clause 14 (Changes to Terms).
56.9.1. Users will be notified of significant updates through designated communication channels.
56.10. Dispute Resolution for Data Portability Issues
Disputes related to data portability will be resolved in accordance with Clause 33 (Dispute Resolution).
57. Historical or Archival Content
57.1. Scope and Applicability
This clause governs the use, accessibility, and limitations of historical or archival content provided by the company.
57.1.1. Historical or archival content refers to materials preserved for their cultural, historical, or informational value, including but not limited to documents, media, records, or artifacts.
57.1.2. These provisions apply to all users accessing such content through the company’s platform, services, or affiliated channels.
57.2. Purpose and Use of Historical or Archival Content
The company provides historical or archival content to promote education, research, and cultural preservation.
57.2.1. Educational Use
57.2.1.1. Users may access historical or archival content for educational, research, or personal purposes.
57.2.2. Commercial Use Restrictions
57.2.2.1. Commercial use of historical or archival content is prohibited unless explicitly authorized by the company under a separate agreement.
57.3. Accuracy and Contextual Limitations
Historical or archival content may not fully reflect current knowledge, values, or standards.
57.3.1. Accuracy Disclaimer
57.3.1.1. The company does not guarantee the accuracy, completeness, or current relevance of historical or archival materials.
57.3.2. Contextual Integrity
57.3.2.1. Users are advised to consider the historical context of the content, which may include outdated terminology or perspectives.
57.4. Access and Availability
The company strives to make historical or archival content widely accessible while respecting legal and ethical considerations.
57.4.1. Digital Accessibility
57.4.1.1. Where feasible, content is digitized and made available through the company’s platform or affiliated channels.
57.4.2. Access Restrictions
57.4.2.1. Certain content may be restricted due to copyright, confidentiality, or sensitivity concerns.
57.4.3. Geographic Limitations
57.4.3.1. Access to specific content may be restricted based on regional laws or licensing agreements.
57.5. Intellectual Property and Rights Management
The company respects intellectual property rights in the management and use of historical or archival content.
57.5.1. Copyright Status
57.5.1.1. Users must adhere to copyright restrictions, including those for content in the public domain or under specific licenses.
57.5.2. Attribution Requirements
57.5.2.1. Users are required to credit the company or original content creators when using historical or archival content for permitted purposes.
57.6. Prohibited Uses
The following uses of historical or archival content are prohibited:
57.6.1. Misrepresentation
57.6.1.1. Altering or presenting historical or archival content in a misleading or inaccurate manner.
57.6.2. Unauthorized Reproduction
57.6.2.1. Reproducing or distributing content without explicit permission, except where allowed by law.
57.7. Preservation and Maintenance
The company is committed to the preservation and ethical handling of historical or archival content.
57.7.1. Restoration Efforts
57.7.1.1. Efforts are made to preserve, restore, and maintain the integrity of physical and digital content.
57.7.2. Ethical Considerations
57.7.2.1. Content is managed in accordance with ethical standards, particularly when involving sensitive or culturally significant materials.
57.8. Jurisdictional Compliance
Historical or archival content management complies with legal and regulatory requirements in applicable jurisdictions.
57.8.1. Australia
57.8.1.1. Compliance with the Copyright Act 1968 (Cth) and guidelines from the National Archives of Australia.
57.8.2. United States
57.8.2.1. Adherence to federal and state copyright laws, including the Fair Use Doctrine.
57.8.3. European Union
57.8.3.1. Observance of the EU Copyright Directive and national regulations for cultural heritage preservation.
57.9. Feedback and Reporting
Users may provide feedback or report issues related to historical or archival content.
57.9.1. Feedback Submission
57.9.1.1. Feedback or concerns may be submitted through the channels outlined in Clause 16 (Contact Information).
57.9.2. Company Response
57.9.2.1. The company will review and address legitimate concerns promptly, including inaccuracies or inappropriate use of content.
57.10. Amendments to Historical or Archival Content Policies
The company reserves the right to update its policies regarding historical or archival content under Clause 14 (Changes to Terms).
57.10.1. Users will be notified of significant changes through designated communication channels.
57.11. Dispute Resolution for Historical or Archival Content Issues
Disputes related to historical or archival content will be resolved in accordance with Clause 33 (Dispute Resolution).
58. Ethical Standards
58.1. Scope and Applicability
This clause governs the company’s commitment to ethical standards in all aspects of its operations, including interactions with users, employees, contractors, stakeholders, and the broader community.
58.1.1. Ethical standards refer to principles and practices that promote integrity, fairness, accountability, and respect for all individuals and communities.
58.1.2. These provisions apply to all company activities, employees, contractors, partners, and users interacting with the company’s platform or services.
58.2. Commitment to Ethical Practices
The company is committed to maintaining the highest ethical standards across its operations.
58.2.1. Integrity and Transparency
58.2.1.1. The company ensures transparency in its practices, including clear communication of terms, pricing, and policies to all stakeholders.
58.2.2. Fair Treatment
58.2.2.1. All interactions with users, employees, and partners are conducted with fairness, impartiality, and respect.
58.2.3. Accountability
58.2.3.1. The company holds itself accountable for ethical lapses and takes corrective actions when necessary.
58.3. Ethical Conduct in Business Operations
The company’s business operations are guided by ethical considerations.
58.3.1. Non-Discrimination
58.3.1.1. The company prohibits discrimination based on race, gender, age, religion, disability, sexual orientation, or any other protected characteristic in all aspects of its operations.
58.3.2. Environmental Responsibility
58.3.2.1. The company integrates sustainability practices, as outlined in Clause 47 (Environmental Impact), to minimize its ecological footprint.
58.3.3. Fair Labor Practices
58.3.3.1. The company adheres to labor laws and ethical employment practices, ensuring fair wages, safe working conditions, and respect for workers’ rights.
58.4. Ethics in Technology and Innovation
The company ensures that its technological advancements and innovations adhere to ethical standards.
58.4.1. Data Privacy and Security
58.4.1.1. Data collection, processing, and usage are conducted in accordance with privacy laws and best practices, as detailed in Clause 7 (Privacy Policy).
58.4.2. AI and Machine Learning Ethics
58.4.2.1. The development and deployment of AI technologies comply with ethical principles, including minimizing bias and ensuring fairness, as outlined in Clause 40 (AI or Machine Learning Outputs).
58.5. Partner and Vendor Expectations
The company expects its partners, suppliers, and vendors to adhere to similar ethical standards.
58.5.1. Vendor Code of Conduct
58.5.1.1. Vendors are required to comply with the company’s ethical standards, including fair labor practices, environmental responsibility, and anti-corruption measures.
58.5.2. Audits and Compliance
58.5.2.1. The company reserves the right to audit vendor operations to ensure alignment with ethical expectations.
58.6. Ethics in Advertising and Marketing
The company ensures that its advertising and marketing practices are ethical and truthful.
58.6.1. Accuracy in Advertising
58.6.1.1. All advertising materials are accurate, transparent, and free from misleading claims.
58.6.2. Responsible Marketing
58.6.2.1. Marketing campaigns consider the potential impact on vulnerable populations, such as minors, and adhere to applicable laws and guidelines.
58.7. Prohibited Practices
The company strictly prohibits unethical practices in any form.
58.7.1. Corruption and Bribery
58.7.1.1. Offering, giving, or accepting bribes or other corrupt payments is strictly prohibited.
58.7.2. Exploitation and Abuse
58.7.2.1. Exploitation of individuals or communities, including unfair labor practices, is not tolerated.
58.7.3. Misinformation
58.7.3.1. Disseminating false or misleading information intentionally is prohibited.
58.8. Ethics Training and Awareness
The company promotes ethical awareness among employees and stakeholders.
58.8.1. Employee Training
58.8.1.1. Regular ethics training is provided to employees to ensure compliance with the company’s standards and policies.
58.8.2. Stakeholder Engagement
58.8.2.1. Stakeholders are encouraged to provide feedback and participate in discussions to enhance ethical practices.
58.9. Jurisdictional Compliance
The company’s ethical practices comply with legal and regulatory requirements in all jurisdictions where it operates.
58.9.1. Australia
58.9.1.1. Compliance with the Australian Consumer Law and Fair Work Act 2009 (Cth) for ethical business and labor practices.
58.9.2. United States
58.9.2.1. Adherence to federal and state laws governing anti-corruption, fair labor standards, and consumer protection.
58.9.3. European Union
58.9.3.1. Observance of the EU General Data Protection Regulation (GDPR) and directives on corporate social responsibility.
58.10. Feedback and Reporting of Ethical Concerns
Users, employees, and stakeholders are encouraged to report ethical concerns or violations.
58.10.1. Reporting Mechanism
58.10.1.1. Reports can be submitted through the channels outlined in Clause 16 (Contact Information) or anonymous reporting systems, where available.
58.10.2. Company Response
58.10.2.1. The company will investigate all reported concerns and take appropriate action to address violations.
58.11. Amendments to Ethical Standards
The company reserves the right to update its ethical standards under Clause 14 (Changes to Terms).
58.11.1. Users and stakeholders will be notified of significant updates through designated communication channels.
58.12. Dispute Resolution for Ethical Issues
Disputes related to ethical standards or practices will be resolved in accordance with Clause 33 (Dispute Resolution).
59. Payment Gateway and Transaction Policies
59.1. Scope and Applicability
This clause governs the use of payment gateways, processing of transactions, and associated policies for financial activities conducted through the company’s platform.
59.1.1. Payment gateways refer to third-party systems or tools integrated into the company’s platform to process payments, refunds, and related transactions.
59.1.2. These provisions apply to all users conducting financial transactions through the company’s services, including purchases, subscriptions, and donations.
59.2. Payment Methods
The company supports a variety of payment methods for user convenience.
59.2.1. Accepted Methods
59.2.1.1. Payment methods may include credit and debit cards, digital wallets, bank transfers, and other options as disclosed during transactions.
59.2.2. Third-Party Payment Gateways
59.2.2.1. Transactions are facilitated through secure third-party payment processors, which are subject to their respective terms and conditions.
59.3. Transaction Security
The company ensures that payment gateways comply with industry standards for data protection and transaction security.
59.3.1. Encryption
59.3.1.1. Transactions are encrypted using Secure Sockets Layer (SSL) or equivalent technologies to protect sensitive data.
59.3.2. PCI Compliance
59.3.2.1. Payment gateways used by the company comply with Payment Card Industry Data Security Standards (PCI DSS).
59.4. Transaction Fees
Users may be subject to transaction fees, which are disclosed at the time of payment.
59.4.1. Processing Fees
59.4.1.1. Fees charged by payment processors or banks may be passed on to users, where applicable.
59.4.2. Currency Conversion Fees
59.4.2.1. Transactions involving currency conversions may incur additional fees, as determined by the user’s bank or payment provider.
59.5. Payment Authorization and Verification
The company requires authorization and verification for all transactions to prevent fraud and unauthorized activity.
59.5.1. Authorization Requirements
59.5.1.1. Users must ensure that they have sufficient funds and the authority to use the selected payment method.
59.5.2. Fraud Prevention
59.5.2.1. Transactions may be subject to verification processes, including identity checks, to prevent fraudulent activities.
59.6. Refunds and Chargebacks
Refund and chargeback policies are governed by this clause in conjunction with Clause 15 (Refunds and Payments).
59.6.1. Eligibility for Refunds
59.6.1.1. Refunds are processed in accordance with the terms of the purchase or service agreement.
59.6.2. Chargeback Disputes
59.6.2.1. The company reserves the right to dispute chargebacks that it deems invalid or inconsistent with these terms.
59.7. Prohibited Activities
Users are prohibited from engaging in fraudulent or unauthorized activities involving payment gateways.
59.7.1. Fraudulent Transactions
59.7.1.1. Submitting false payment information or engaging in unauthorized use of payment methods is strictly prohibited.
59.7.2. Abuse of Refund Policies
59.7.2.1. Users must not exploit refund policies to gain undue financial advantage.
59.8. Data Privacy in Transactions
Transaction-related data is handled in accordance with Clause 7 (Privacy Policy) to protect user privacy.
59.8.1. Data Sharing with Payment Processors
59.8.1.1. Necessary transaction data may be shared with payment processors to facilitate payments securely.
59.8.2. Retention of Payment Data
59.8.2.1. Payment information is retained only as long as required for transaction processing and compliance purposes.
59.9. Jurisdictional Compliance
The company ensures compliance with financial regulations in jurisdictions where it operates.
59.9.1. Australia
59.9.1.1. Adherence to the Payment Systems (Regulation) Act 1998 (Cth) and Australian consumer protection laws.
59.9.2. United States
59.9.2.1. Compliance with federal and state laws, including the Electronic Fund Transfer Act (EFTA) and regulations enforced by the Federal Trade Commission (FTC).
59.9.3. European Union
59.9.3.1. Observance of the EU Payment Services Directive (PSD2) and General Data Protection Regulation (GDPR) for transaction and data security.
59.10. Feedback and Reporting
Users may report issues or provide feedback regarding payment processes.
59.10.1. Feedback Submission
59.10.1.1. Users may submit feedback or complaints through the contact methods outlined in Clause 16 (Contact Information).
59.10.2. Company Response
59.10.2.1. The company will address reported payment issues promptly and transparently.
59.11. Amendments to Payment Gateway and Transaction Policies
The company reserves the right to update its payment and transaction policies under Clause 14 (Changes to Terms).
59.11.1. Users will be notified of significant updates through designated communication channels.
59.12. Dispute Resolution for Payment Issues
Disputes related to payments, refunds, or chargebacks will be resolved in accordance with Clause 33 (Dispute Resolution).
60. Anti-Harassment and Safe Space Policy
60.1. Scope and Applicability
This clause governs the company’s commitment to maintaining an environment free from harassment, discrimination, and abusive behavior, promoting a safe space for all users, employees, contractors, and stakeholders.
60.1.1. Harassment refers to unwelcome conduct that demeans, intimidates, or offends an individual, whether verbal, physical, or digital.
60.1.2. Safe space policies are designed to foster inclusivity, respect, and dignity for all participants within the company’s platform, services, or physical premises.
60.1.3. These provisions apply to all individuals interacting with the company, including users, employees, contractors, visitors, and third-party partners.
60.2. Commitment to a Safe Space
The company is committed to providing an environment where all individuals feel respected, valued, and safe.
60.2.1. Zero Tolerance for Harassment
60.2.1.1. The company enforces a zero-tolerance policy for harassment, discrimination, bullying, and any form of abuse.
60.2.2. Promotion of Inclusivity
60.2.2.1. Efforts are made to create an inclusive environment that celebrates diversity and fosters mutual respect.
60.3. Prohibited Conduct
The following behaviors are strictly prohibited under this policy:
60.3.1. Harassment
60.3.1.1. Any unwelcome conduct, including slurs, jokes, or derogatory comments based on race, gender, sexual orientation, religion, disability, or other protected characteristics.
60.3.2. Discrimination
60.3.2.1. Treating individuals unfairly or denying opportunities based on protected characteristics.
60.3.3. Bullying
60.3.3.1. Repeated aggressive behavior intended to intimidate, humiliate, or harm another individual.
60.3.4. Sexual Harassment
60.3.4.1. Unwanted sexual advances, comments, or actions, including physical contact, suggestive remarks, or sharing explicit content.
60.3.5. Cyberbullying and Online Abuse
60.3.5.1. Harassment or abusive behavior conducted through digital channels, such as social media, messaging platforms, or the company’s platform.
60.4. Reporting Mechanisms
Individuals experiencing or witnessing prohibited conduct are encouraged to report the behavior promptly.
60.4.1. Reporting Channels
60.4.1.1. Reports can be submitted through the designated channels outlined in Clause 16 (Contact Information), including anonymous reporting options where available.
60.4.2. Immediate Action
60.4.2.1. The company will take immediate and appropriate action upon receiving a report of harassment or abuse.
60.5. Investigation Process
Reports of prohibited conduct will be thoroughly and impartially investigated.
60.5.1. Confidentiality
60.5.1.1. The company will maintain the confidentiality of the parties involved to the extent possible, consistent with the need for a thorough investigation.
60.5.2. Due Process
60.5.2.1. All individuals involved will be treated fairly and given the opportunity to present their perspectives.
60.5.3. Resolution and Outcomes
60.5.3.1. Appropriate corrective actions, including warnings, suspensions, or terminations, will be implemented based on the findings of the investigation.
60.6. Support and Resources
The company provides resources and support to individuals affected by harassment or abusive behavior.
60.6.1. Employee Assistance Programs (EAP)
60.6.1.1. Employees have access to counseling and support services through designated programs.
60.6.2. User Support Services
60.6.2.1. Users may access support services or guidance through the company’s customer service or helplines.
60.7. Training and Awareness
The company promotes awareness and education on anti-harassment and inclusivity through training and communication.
60.7.1. Mandatory Training
60.7.1.1. Employees and contractors are required to participate in regular training sessions on anti-harassment policies and safe space practices.
60.7.2. User Awareness Campaigns
60.7.2.1. Campaigns are conducted to inform users about this policy and encourage respectful interactions.
60.8. Jurisdictional Compliance
The company ensures compliance with legal requirements related to anti-harassment and safe space policies.
60.8.1. Australia
60.8.1.1. Compliance with the Fair Work Act 2009 (Cth) and anti-discrimination laws, including the Sex Discrimination Act 1984 (Cth).
60.8.2. United States
60.8.2.1. Adherence to federal and state laws, such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA).
60.8.3. European Union
60.8.3.1. Observance of the EU Charter of Fundamental Rights and directives on workplace harassment and anti-discrimination.
60.9. Amendments to Anti-Harassment and Safe Space Policies
The company reserves the right to update its anti-harassment and safe space policies under Clause 14 (Changes to Terms).
60.9.1. Users and stakeholders will be notified of significant updates through designated communication channels.
60.10. Dispute Resolution for Anti-Harassment Issues
Disputes related to anti-harassment policies or enforcement will be resolved in accordance with Clause 33 (Dispute Resolution).
61. Diversity and Inclusion Statement
61.1. Scope and Applicability
This clause outlines the company’s commitment to fostering diversity and inclusion in all aspects of its operations and interactions.
61.1.1. Diversity refers to the inclusion of individuals from varied backgrounds, including but not limited to race, gender, sexual orientation, ethnicity, religion, disability, and socioeconomic status.
61.1.2. Inclusion refers to practices and policies that create an equitable and supportive environment where all individuals feel valued, respected, and empowered to contribute.
61.1.3. These provisions apply to the company’s employees, contractors, users, stakeholders, and partnerships.
61.2. Commitment to Diversity and Inclusion
The company is dedicated to building a culture of equity, respect, and representation.
61.2.1. Equitable Opportunities
61.2.1.1. The company ensures that employment, promotions, and participation in programs are based on merit and free from bias.
61.2.2. Inclusive Environment
61.2.2.1. The company fosters an environment where diverse perspectives and experiences are valued and integrated into decision-making processes.
61.2.3. Representation
61.2.3.1. Efforts are made to ensure representation of diverse groups at all levels of the organization and in content development.
61.3. Policies Supporting Diversity and Inclusion
The company has implemented policies to ensure the effective promotion of diversity and inclusion.
61.3.1. Anti-Discrimination Policies
61.3.1.1. The company prohibits discrimination in hiring, promotions, service delivery, and all other interactions, as outlined in Clause 60 (Anti-Harassment and Safe Space Policy).
61.3.2. Accessibility Policies
61.3.2.1. Services, platforms, and physical spaces are designed to be accessible to individuals with disabilities, in accordance with Clause 44 (Accessibility of Services).
61.3.3. Inclusive Language Guidelines
61.3.3.1. Internal and external communications adhere to inclusive language guidelines to avoid marginalization or bias.
61.4. Training and Awareness
The company provides training and resources to educate employees, contractors, and users about diversity and inclusion.
61.4.1. Mandatory Diversity Training
61.4.1.1. Employees and contractors participate in regular diversity and inclusion training sessions to build awareness and mitigate unconscious bias.
61.4.2. Community Engagement
61.4.2.1. The company conducts campaigns, workshops, and events to promote diversity and inclusion within the user community.
61.5. Partnerships and Collaboration
The company collaborates with organizations that align with its diversity and inclusion values.
61.5.1. Diversity-Focused Partners
61.5.1.1. Preference is given to vendors, suppliers, and partners who demonstrate a commitment to diversity and inclusion.
61.5.2. Community Outreach
61.5.2.1. The company supports initiatives aimed at empowering underrepresented groups in the community.
61.6. Monitoring and Reporting
The company monitors and reports on diversity and inclusion efforts to ensure accountability and continuous improvement.
61.6.1. Diversity Metrics
61.6.1.1. Metrics related to diversity, representation, and inclusivity are tracked and reviewed periodically.
61.6.2. Annual Reports
61.6.2.1. The company publishes an annual diversity and inclusion report outlining achievements, challenges, and goals.
61.7. Prohibited Practices
The following practices are prohibited to maintain the integrity of the company’s diversity and inclusion commitments:
61.7.1. Tokenism
61.7.1.1. The superficial inclusion of individuals to meet diversity quotas without meaningful engagement or empowerment.
61.7.2. Exclusionary Practices
61.7.2.1. Behaviors or policies that intentionally or unintentionally exclude individuals based on protected characteristics.
61.8. Jurisdictional Compliance
The company ensures compliance with diversity and inclusion laws and standards in applicable jurisdictions.
61.8.1. Australia
61.8.1.1. Compliance with the Fair Work Act 2009 (Cth) and anti-discrimination legislation, including the Racial Discrimination Act 1975 (Cth).
61.8.2. United States
61.8.2.1. Adherence to Title VII of the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission (EEOC) guidelines.
61.8.3. European Union
61.8.3.1. Observance of the EU Equal Treatment Directives and the European Charter of Fundamental Rights.
61.9. Feedback and Reporting
Stakeholders are encouraged to provide feedback or report concerns related to diversity and inclusion.
61.9.1. Submission of Feedback
61.9.1.1. Feedback or concerns may be submitted through the channels outlined in Clause 16 (Contact Information).
61.9.2. Company Response
61.9.2.1. All feedback and reports will be addressed promptly, and appropriate actions will be taken to resolve concerns.
61.10. Amendments to Diversity and Inclusion Policies
The company reserves the right to update its diversity and inclusion policies under Clause 14 (Changes to Terms).
61.10.1. Users and stakeholders will be notified of significant changes through designated communication channels.
61.11. Dispute Resolution for Diversity and Inclusion Issues
Disputes related to diversity and inclusion policies or enforcement will be resolved in accordance with Clause 33 (Dispute Resolution).
62. Reverse Engineering or Data Scraping
62.1. Scope and Applicability
This clause governs the prohibition and regulation of reverse engineering, data scraping, and related unauthorized activities concerning the company’s platform, systems, and services.
62.1.1. Reverse engineering refers to the process of decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, or architecture of the company’s systems or software.
62.1.2. Data scraping refers to the automated extraction of data or information from the company’s platform, databases, or associated systems without authorization.
62.1.3. These provisions apply to all users, developers, contractors, and third parties interacting with the company’s systems or data.
62.2. Prohibited Activities
The following activities are strictly prohibited unless expressly authorized by the company:
62.2.1. Reverse Engineering
62.2.1.1. Decompiling, disassembling, or analyzing the company’s systems, software, or hardware to derive proprietary information.
62.2.2. Data Scraping
62.2.2.1. Using bots, crawlers, scripts, or other automated tools to extract data from the company’s platform or systems.
62.2.3. Unauthorized Access
62.2.3.1. Attempting to bypass security measures, access restricted areas, or exploit system vulnerabilities to obtain data or proprietary information.
62.3. Permitted Activities
Certain activities may be permitted under specific conditions and agreements:
62.3.1. Authorized Access
62.3.1.1. Access granted under an explicit written agreement or license with the company for research, integration, or compliance purposes.
62.3.2. APIs and Developer Tools
62.3.2.1. Developers may use publicly available APIs and tools provided by the company, subject to the terms outlined in Clause 45 (API Usage Terms).
62.4. Penalties for Violations
Violations of this clause may result in penalties, including legal action, financial liabilities, and account termination.
62.4.1. Account Termination
62.4.1.1. Users or entities engaging in prohibited activities may have their accounts or access revoked without prior notice.
62.4.2. Legal Consequences
62.4.2.1. The company reserves the right to pursue civil or criminal actions against individuals or entities engaging in reverse engineering or data scraping activities.
62.4.3. Financial Damages
62.4.3.1. Violators may be held liable for damages, including but not limited to loss of revenue, reputational harm, and costs associated with mitigation.
62.5. Monitoring and Detection
The company actively monitors its systems to detect and prevent unauthorized activities.
62.5.1. Automated Detection Systems
62.5.1.1. Automated tools are used to identify suspicious activities, including unusual traffic patterns or unauthorized access attempts.
62.5.2. Incident Response
62.5.2.1. Suspected violations are investigated promptly, and appropriate countermeasures are implemented to protect company systems and data.
62.6. User Responsibilities
Users must comply with this clause and report any known or suspected violations.
62.6.1. Compliance
62.6.1.1. Users are responsible for ensuring that their activities comply with this clause and any applicable agreements with the company.
62.6.2. Reporting Violations
62.6.2.1. Violations may be reported through the channels specified in Clause 16 (Contact Information).
62.7. Jurisdictional Compliance
The company’s policies on reverse engineering and data scraping comply with applicable laws in relevant jurisdictions.
62.7.1. Australia
62.7.1.1. Compliance with the Cybercrime Act 2001 (Cth) and intellectual property protections under the Copyright Act 1968 (Cth).
62.7.2. United States
62.7.2.1. Adherence to the Computer Fraud and Abuse Act (CFAA) and the Digital Millennium Copyright Act (DMCA).
62.7.3. European Union
62.7.3.1. Observance of the EU General Data Protection Regulation (GDPR) for data handling and the Database Directive for data extraction.
62.8. Amendments to Policies on Reverse Engineering and Data Scraping
The company reserves the right to update these policies under Clause 14 (Changes to Terms).
62.8.1. Users will be notified of significant changes through designated communication channels.
62.9. Dispute Resolution for Violations
Disputes related to allegations or enforcement of this clause will be resolved in accordance with Clause 33 (Dispute Resolution).
63. Prohibited Transactions
63.1. Scope and Applicability
This clause governs the identification, restriction, and enforcement of prohibited transactions involving the company’s platform, services, or systems.
63.1.1. Prohibited transactions refer to financial activities, exchanges, or interactions that violate laws, regulations, company policies, or ethical standards.
63.1.2. These provisions apply to all users, employees, contractors, and third-party entities engaging with the company’s systems or services.
63.2. Definition of Prohibited Transactions
Prohibited transactions include, but are not limited to, the following:
63.2.1. Illegal Activities
63.2.1.1. Transactions associated with unlawful goods or services, money laundering, or other activities prohibited by applicable laws.
63.2.2. Fraudulent Transactions
63.2.2.1. Activities involving stolen payment methods, identity theft, or falsified information.
63.2.3. Sanctioned Entities
63.2.3.1. Transactions involving individuals, entities, or countries subject to international sanctions or trade embargoes.
63.2.4. High-Risk Activities
63.2.4.1. Transactions linked to high-risk sectors, such as gambling, cryptocurrency exchanges, or weapons trading, without prior authorization.
63.3. Monitoring and Detection
The company implements measures to monitor and detect prohibited transactions.
63.3.1. Transaction Screening
63.3.1.1. Transactions are screened against internal and external databases to identify high-risk or prohibited activities.
63.3.2. Automated Alerts
63.3.2.1. Automated systems generate alerts for unusual patterns, excessive transaction volumes, or activities involving flagged entities.
63.3.3. Manual Review
63.3.3.1. Suspected transactions are subjected to manual review by the company’s compliance team.
63.4. Reporting Obligations
The company complies with legal obligations to report prohibited transactions to relevant authorities.
63.4.1. Mandatory Reporting
63.4.1.1. Prohibited transactions identified under anti-money laundering (AML) laws or counter-terrorism financing (CTF) regulations are reported to appropriate regulatory bodies.
63.4.2. User Notification
63.4.2.1. Where permitted by law, users involved in flagged transactions will be notified, unless such notification is restricted by regulatory requirements.
63.5. User Responsibilities
Users must ensure their activities and transactions comply with this clause and all applicable laws.
63.5.1. Due Diligence
63.5.1.1. Users are responsible for verifying the legality and legitimacy of their transactions on the company’s platform.
63.5.2. Reporting Violations
63.5.2.1. Users are encouraged to report suspected prohibited transactions through the channels outlined in Clause 16 (Contact Information).
63.6. Consequences of Violations
Engaging in prohibited transactions may result in severe penalties, including account suspension or legal action.
63.6.1. Account Termination
63.6.1.1. Accounts associated with prohibited transactions may be suspended or permanently terminated.
63.6.2. Financial Recovery
63.6.2.1. The company reserves the right to recover funds or block payments associated with prohibited transactions.
63.6.3. Legal Action
63.6.3.1. Violators may be subject to civil or criminal proceedings under applicable laws.
63.7. Jurisdictional Compliance
The company ensures compliance with relevant laws and regulations governing prohibited transactions.
63.7.1. Australia
63.7.1.1. Adherence to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and related regulatory requirements.
63.7.2. United States
63.7.2.1. Compliance with the Bank Secrecy Act (BSA), the USA PATRIOT Act, and Office of Foreign Assets Control (OFAC) sanctions.
63.7.3. European Union
63.7.3.1. Observance of the EU Anti-Money Laundering Directives (AMLD) and sanctions regimes.
63.8. Data Privacy and Security in Monitoring
The company ensures that monitoring and reporting activities comply with data protection laws.
63.8.1. Limited Data Access
63.8.1.1. Only authorized personnel may access data related to prohibited transactions.
63.8.2. Retention and Deletion
63.8.2.1. Data collected during investigations will be retained only as long as necessary for compliance and legal purposes.
63.9. Amendments to Prohibited Transaction Policies
The company reserves the right to update its policies on prohibited transactions under Clause 14 (Changes to Terms).
63.9.1. Users will be notified of significant updates through designated communication channels.
63.10. Dispute Resolution for Prohibited Transactions
Disputes related to allegations or enforcement of this clause will be resolved in accordance with Clause 33 (Dispute Resolution).
64. Retention of Rights
64.1. Scope and Applicability
This clause governs the retention of rights by the company over its intellectual property, systems, and other proprietary assets, and outlines the limits of rights granted to users and third parties.
64.1.1. Retention of rights refers to the company’s ongoing ownership, control, and authority over its intellectual property, data, and resources unless explicitly waived or licensed.
64.1.2. These provisions apply to all users, contractors, partners, and entities interacting with or utilizing the company’s services, platforms, or intellectual property.
64.2. Ownership of Intellectual Property
The company retains ownership of all intellectual property developed, published, or otherwise made available through its services.
64.2.1. Proprietary Rights
64.2.1.1. The company owns all copyrights, trademarks, patents, trade secrets, and other intellectual property rights in its systems, software, designs, content, and branding.
64.2.2. No Transfer of Ownership
64.2.2.1. Use of the company’s services does not confer ownership rights to users or third parties, except as explicitly stated in a written agreement.
64.3. Limited Licenses Granted to Users
The company may grant limited, revocable licenses to users for specific purposes.
64.3.1. End-User License Agreements (EULAs)
64.3.1.1. Access to software or content provided by the company is subject to EULAs, which outline the scope and limitations of use.
64.3.2. Non-Exclusive Licenses
64.3.2.1. Users may receive non-exclusive, non-transferable rights to use the company’s intellectual property for personal or authorized purposes.
64.3.3. Restrictions on Use
64.3.3.1. Users are prohibited from sublicensing, reselling, or reverse engineering the company’s intellectual property without explicit permission.
64.4. Rights Reserved by the Company
The company reserves the following rights to ensure the protection and appropriate use of its assets:
64.4.1. Modification or Discontinuation
64.4.1.1. The company may modify, suspend, or discontinue any service, product, or feature at its sole discretion.
64.4.2. Access Revocation
64.4.2.1. Access to the company’s intellectual property or systems may be revoked for violations of these terms or applicable laws.
64.4.3. Derivative Works
64.4.3.1. The company retains rights to all derivative works based on its intellectual property, even if created by users or third parties.
64.5. Prohibited Uses
The following uses of the company’s intellectual property and proprietary assets are strictly prohibited:
64.5.1. Unauthorized Reproduction
64.5.1.1. Reproducing, distributing, or displaying the company’s intellectual property without prior authorization.
64.5.2. Commercial Exploitation
64.5.2.1. Using the company’s intellectual property for commercial purposes without a valid license or agreement.
64.5.3. Infringement and Misrepresentation
64.5.3.1. Engaging in activities that infringe on the company’s rights or misrepresent ownership or affiliation.
64.6. Data and Content Submitted by Users
The company retains rights to data and content submitted by users in accordance with Clause 6 (User-Generated Content).
64.6.1. License to Use Content
64.6.1.1. Users grant the company a non-exclusive, worldwide, royalty-free license to use, modify, and distribute submitted content for operational and promotional purposes.
64.6.2. Exclusions and Limitations
64.6.2.1. Personal data is excluded from licensing provisions and handled under Clause 7 (Privacy Policy).
64.7. Jurisdictional Compliance
The company ensures that its retention of rights complies with applicable intellectual property and contractual laws in relevant jurisdictions.
64.7.1. Australia
64.7.1.1. Compliance with the Copyright Act 1968 (Cth) and Trade Marks Act 1995 (Cth).
64.7.2. United States
64.7.2.1. Adherence to the Digital Millennium Copyright Act (DMCA) and Lanham Act for intellectual property protections.
64.7.3. European Union
64.7.3.1. Observance of the EU Directive on Copyright in the Digital Single Market.
64.8. Amendments to Retention of Rights Policies
The company reserves the right to update its retention of rights policies under Clause 14 (Changes to Terms).
64.8.1. Users will be notified of significant changes through designated communication channels.
64.9. Dispute Resolution for Retention of Rights Issues
Disputes related to the retention of rights will be resolved in accordance with Clause 33 (Dispute Resolution).
65. Transfer of Ownership
65.1. Scope and Applicability
This clause governs the policies and procedures related to the transfer of ownership of the company’s assets, intellectual property, or services.
65.1.1. Transfer of ownership refers to the conveyance of rights, title, or interest in the company’s assets, intellectual property, or services to another entity or individual.
65.1.2. These provisions apply to all users, stakeholders, and third parties potentially impacted by a transfer of ownership.
65.2. Circumstances for Ownership Transfer
Ownership transfer may occur under the following circumstances:
65.2.1. Mergers and Acquisitions
65.2.1.1. The company may transfer ownership as part of a merger, acquisition, or corporate restructuring.
65.2.2. Asset Sales
65.2.2.1. Specific assets, including intellectual property or operational units, may be sold or assigned to third parties.
65.2.3. Bankruptcy or Insolvency
65.2.3.1. Ownership of assets may be transferred as part of bankruptcy proceedings or liquidation processes.
65.3. Notification of Ownership Transfer
The company will provide advance notice to users and stakeholders of any significant ownership transfers.
65.3.1. Notification Timeline
65.3.1.1. Users will be notified at least 30 days before a transfer affecting their rights or access, where feasible.
65.3.2. Communication Channels
65.3.2.1. Notifications will be sent via email, platform announcements, or other designated communication channels as outlined in Clause 16 (Contact Information).
65.4. Impact on User Agreements
Ownership transfer may affect user agreements, licenses, or access to services.
65.4.1. Continuity of Service
65.4.1.1. The company will endeavor to ensure uninterrupted access to services during ownership transitions.
65.4.2. Assignment of Agreements
65.4.2.1. User agreements may be assigned to the new owner, who will assume responsibility for fulfilling the terms.
65.5. Data Handling in Ownership Transfer
Personal data will be handled in compliance with privacy laws during ownership transfer.
65.5.1. Data Privacy Compliance
65.5.1.1. The transfer of personal data will comply with Clause 7 (Privacy Policy) and applicable laws, including obtaining user consent where required.
65.5.2. Retention and Deletion
65.5.2.1. Users may request data deletion if they do not wish to continue under the new ownership, subject to legal obligations.
65.6. Limitations and Restrictions
Certain assets or rights may be excluded from ownership transfers.
65.6.1. Non-Transferable Licenses
65.6.1.1. Licenses or rights granted under specific terms may be non-transferable unless explicitly stated.
65.6.2. Restricted Assets
65.6.2.1. Assets subject to legal restrictions or third-party agreements may be excluded from the transfer.
65.7. Jurisdictional Compliance
Ownership transfers will comply with relevant laws and regulations in applicable jurisdictions.
65.7.1. Australia
65.7.1.1. Compliance with the Corporations Act 2001 (Cth) and related commercial law regulations.
65.7.2. United States
65.7.2.1. Adherence to federal and state laws governing mergers, acquisitions, and asset transfers, including antitrust regulations.
65.7.3. European Union
65.7.3.1. Observance of the EU Merger Regulation and GDPR for data transfers during ownership changes.
65.8. User Rights and Feedback
Users may exercise their rights or provide feedback regarding ownership transfers.
65.8.1. Opt-Out Rights
65.8.1.1. Users may opt out of continuing service under the new ownership, subject to the terms of their agreement.
65.8.2. Feedback Submission
65.8.2.1. Users may submit concerns or feedback through the channels specified in Clause 16 (Contact Information).
65.9. Amendments to Ownership Transfer Policies
The company reserves the right to update its ownership transfer policies under Clause 14 (Changes to Terms).
65.9.1. Users will be notified of significant updates through designated communication channels.
65.10. Dispute Resolution for Ownership Transfer Issues
Disputes related to ownership transfers will be resolved in accordance with Clause 33 (Dispute Resolution).
66. Limited-Time Offers
66.1. Scope and Applicability
This clause governs the terms and conditions related to limited-time offers provided by the company, including discounts, promotions, and time-bound benefits.
66.1.1. Limited-time offers refer to promotions or deals available for a specified period, subject to terms and conditions disclosed at the time of the offer.
66.1.2. These provisions apply to all users participating in or redeeming such offers.
66.2. Eligibility for Limited-Time Offers
Participation in limited-time offers is subject to eligibility criteria specified by the company.
66.2.1. User Requirements
66.2.1.1. Offers may be restricted to specific user groups, such as new customers, existing subscribers, or residents of certain regions.
66.2.2. Compliance with Terms
66.2.2.1. Users must comply with the specific terms and conditions of the offer, including deadlines, redemption limits, and any purchase requirements.
66.3. Offer Availability and Redemption
The company provides clear information on the availability and redemption process for limited-time offers.
66.3.1. Specified Timeframe
66.3.1.1. Offers are valid only during the timeframe specified by the company and cannot be extended or applied retroactively.
66.3.2. Redemption Mechanisms
66.3.2.1. Offers may be redeemed through promotional codes, direct application at checkout, or other methods disclosed in the promotion details.
66.4. Limitations on Use
Limited-time offers may be subject to restrictions or exclusions.
66.4.1. Non-Transferability
66.4.1.1. Offers are non-transferable and may only be redeemed by the eligible user unless explicitly stated otherwise.
66.4.2. Combination with Other Offers
66.4.2.1. Offers may not be combined with other promotions, discounts, or credits unless specifically allowed.
66.4.3. Excluded Products or Services
66.4.3.1. Certain products, services, or categories may be excluded from the offer, as disclosed in the promotion details.
66.5. Modifications and Early Termination
The company reserves the right to modify or terminate limited-time offers at its discretion.
66.5.1. Modification of Terms
66.5.1.1. Terms of the offer may be updated before the expiration date, with notice provided to participants.
66.5.2. Early Termination
66.5.2.1. The company may end an offer early due to unforeseen circumstances, including technical issues or abuse of the promotion.
66.6. Prohibited Activities
Users are prohibited from engaging in fraudulent or abusive behavior related to limited-time offers.
66.6.1. Fraudulent Redemption
66.6.1.1. Attempts to redeem offers through falsified information, duplicate accounts, or unauthorized methods are strictly prohibited.
66.6.2. Exploitation of Errors
66.6.2.1. Users must not exploit technical or pricing errors to gain unfair advantage from an offer.
66.7. No Cash Alternatives
Limited-time offers may not be exchanged for cash, unless explicitly stated in the offer details.
66.7.1. Substitute Benefits
66.7.1.1. The company may provide an alternative benefit of equal value if the original offer is unavailable.
66.8. Jurisdictional Compliance
The company ensures that its limited-time offers comply with applicable consumer protection and promotional laws.
66.8.1. Australia
66.8.1.1. Compliance with the Australian Consumer Law regarding fairness in promotions and discounts.
66.8.2. United States
66.8.2.1. Adherence to Federal Trade Commission (FTC) guidelines on advertising and promotional practices.
66.8.3. European Union
66.8.3.1. Observance of the EU Directive on Consumer Rights for promotional offers and pricing transparency.
66.9. Feedback and Reporting
Users may provide feedback or report issues related to limited-time offers.
66.9.1. Feedback Submission
66.9.1.1. Users may submit concerns or suggestions through the channels outlined in Clause 16 (Contact Information).
66.9.2. Company Response
66.9.2.1. The company will investigate and address reported issues promptly.
66.10. Amendments to Limited-Time Offer Policies
The company reserves the right to update its limited-time offer policies under Clause 14 (Changes to Terms).
66.10.1. Users will be notified of significant changes through designated communication channels.
66.11. Dispute Resolution for Offer Issues
Disputes related to limited-time offers will be resolved in accordance with Clause 33 (Dispute Resolution).
67. Dynamic Pricing
67.1. Scope and Applicability
This clause governs the company’s use of dynamic pricing strategies for its products, services, or offerings, including the rights and obligations of users.
67.1.1. Dynamic pricing refers to the practice of adjusting prices based on factors such as demand, time of purchase, user behavior, or market conditions.
67.1.2. These provisions apply to all users engaging with the company’s pricing systems, whether for purchases, subscriptions, or time-bound offers.
67.2. Implementation of Dynamic Pricing
The company utilizes dynamic pricing to optimize its pricing strategies and reflect market conditions.
67.2.1. Transparent Disclosure
67.2.1.1. Dynamic pricing practices are disclosed to users on the platform or in relevant service agreements.
67.2.2. Factors Influencing Pricing
67.2.2.1. Price adjustments may be based on demand levels, inventory availability, time of purchase, user location, or other relevant factors.
67.3. User Notifications and Visibility
The company ensures that dynamic pricing practices are transparent and visible to users.
67.3.1. Real-Time Updates
67.3.1.1. Users are informed of the current price at the time of transaction and prior to checkout.
67.3.2. Historical Pricing
67.3.2.1. Where required by law, historical pricing information may be displayed to indicate changes over time.
67.4. Pricing Errors and Adjustments
The company reserves the right to address errors or discrepancies in dynamic pricing.
67.4.1. Correction of Errors
67.4.1.1. Pricing errors identified during or after a transaction may be corrected, and users will be notified promptly.
67.4.2. Retroactive Adjustments
67.4.2.1. The company does not provide retroactive price adjustments for purchases completed before a pricing change unless explicitly stated.
67.5. Limitations on Dynamic Pricing
Dynamic pricing practices are subject to legal and ethical constraints.
67.5.1. Non-Discrimination
67.5.1.1. Pricing adjustments will not discriminate based on protected characteristics such as race, gender, or religion.
67.5.2. Compliance with Laws
67.5.2.1. The company adheres to consumer protection laws regulating fair pricing and prohibiting exploitative practices.
67.6. User Rights and Responsibilities
Users engaging with dynamic pricing systems must adhere to the following obligations:
67.6.1. Acceptance of Pricing
67.6.1.1. By proceeding with a transaction, users accept the displayed price at the time of purchase.
67.6.2. Reporting Concerns
67.6.2.1. Users may report concerns or inconsistencies in pricing through the channels specified in Clause 16 (Contact Information).
67.7. Prohibited Activities
Users and third parties are prohibited from exploiting or manipulating dynamic pricing systems.
67.7.1. Unauthorized Tools
67.7.1.1. Use of bots, scripts, or other automated tools to influence or monitor price fluctuations is strictly prohibited.
67.7.2. Collusion or Arbitrage
67.7.2.1. Engaging in practices to artificially inflate or exploit pricing differentials is not allowed.
67.8. Jurisdictional Compliance
The company’s dynamic pricing practices comply with relevant regulations in applicable jurisdictions.
67.8.1. Australia
67.8.1.1. Compliance with the Australian Consumer Law regarding pricing transparency and fair trading practices.
67.8.2. United States
67.8.2.1. Adherence to Federal Trade Commission (FTC) guidelines on dynamic pricing and consumer protection laws.
67.8.3. European Union
67.8.3.1. Observance of the EU Directive on Consumer Rights for pricing transparency and fairness.
67.9. Amendments to Dynamic Pricing Policies
The company reserves the right to update its dynamic pricing policies under Clause 14 (Changes to Terms).
67.9.1. Users will be notified of significant updates through designated communication channels.
67.10. Dispute Resolution for Pricing Issues
Disputes related to dynamic pricing will be resolved in accordance with Clause 33 (Dispute Resolution).
68. Geographic Restrictions
68.1. Scope and Applicability
This clause governs the geographic restrictions imposed by the company on access to its services, content, or products based on regional laws, operational considerations, or licensing agreements.
68.1.1. Geographic restrictions refer to limitations on availability or functionality of the company’s offerings in specific locations.
68.1.2. These provisions apply to all users attempting to access the company’s platform, services, or content from restricted or regulated regions.
68.2. Implementation of Geographic Restrictions
The company enforces geographic restrictions to comply with legal, regulatory, and operational requirements.
68.2.1. Restricted Regions
68.2.1.1. Services or content may be unavailable in regions subject to trade embargoes, sanctions, or regulatory prohibitions.
68.2.2. Licensing Constraints
68.2.2.1. Geographic restrictions may be implemented to comply with intellectual property or content licensing agreements.
68.3. User Notifications and Access Limitations
Users attempting to access restricted services will be notified of applicable limitations.
68.3.1. Access Denial
68.3.1.1. Users from restricted regions will receive a notification indicating the unavailability of specific services or content.
68.3.2. Alternate Access Options
68.3.2.1. Where feasible, users may be redirected to region-specific platforms or versions of the service.
68.4. Prohibited Activities
Users are prohibited from circumventing geographic restrictions or accessing restricted services unlawfully.
68.4.1. VPNs and Proxies
68.4.1.1. Using virtual private networks (VPNs), proxies, or other tools to bypass geographic restrictions is strictly prohibited.
68.4.2. False Information
68.4.2.1. Providing false location or residency information to gain unauthorized access is not allowed.
68.5. Data Privacy and Localization
Geographic restrictions may include requirements for data localization or privacy compliance.
68.5.1. Localized Data Storage
68.5.1.1. Data collected in certain regions may be stored locally to comply with jurisdictional laws, as outlined in Clause 7 (Privacy Policy).
68.5.2. Regional Data Access
68.5.2.1. Users may be restricted from accessing certain data or services outside their region of residence.
68.6. Jurisdictional Compliance
The company ensures that its geographic restrictions comply with applicable laws and regulations.
68.6.1. Australia
68.6.1.1. Compliance with the Competition and Consumer Act 2010 (Cth) and relevant trade sanctions.
68.6.2. United States
68.6.2.1. Adherence to the Export Administration Regulations (EAR) and Office of Foreign Assets Control (OFAC) guidelines.
68.6.3. European Union
68.6.3.1. Observance of the EU General Data Protection Regulation (GDPR) and Digital Services Act for regional restrictions and user rights.
68.7. User Responsibilities
Users are responsible for ensuring compliance with geographic restrictions when accessing the company’s services.
68.7.1. Verification of Eligibility
68.7.1.1. Users must verify that their region permits access to the desired services or content.
68.7.2. Reporting Violations
68.7.2.1. Users are encouraged to report suspected violations of geographic restrictions through the channels outlined in Clause 16 (Contact Information).
68.8. Amendments to Geographic Restriction Policies
The company reserves the right to update its geographic restriction policies under Clause 14 (Changes to Terms).
68.8.1. Users will be notified of significant updates through designated communication channels.
68.9. Dispute Resolution for Geographic Restriction Issues
Disputes related to geographic restrictions will be resolved in accordance with Clause 33 (Dispute Resolution).
69. Compliance with Export Laws
69.1. Scope and Applicability
This clause governs the company’s compliance with export laws and regulations, as well as the obligations of users engaging with the company’s services, products, or systems across international borders.
69.1.1. Export laws refer to legal and regulatory frameworks governing the transfer, shipment, or distribution of goods, software, technology, and data across borders.
69.1.2. These provisions apply to all users, employees, contractors, and third parties utilizing the company’s offerings in any jurisdiction.
69.2. Compliance with Export Controls and Sanctions
The company adheres to applicable export control laws, trade restrictions, and sanctions imposed by relevant authorities.
69.2.1. Restricted Countries
69.2.1.1. The company prohibits the sale, transfer, or export of its products or services to countries subject to trade embargoes, sanctions, or restrictions.
69.2.2. Restricted End-Users
69.2.2.1. The company does not permit the use of its offerings by individuals or entities appearing on government-maintained lists of restricted or prohibited parties.
69.3. User Responsibilities
Users must comply with export laws when accessing, transferring, or using the company’s offerings.
69.3.1. Prohibited Actions
69.3.1.1. Users must not transfer, export, or use the company’s products or services in violation of applicable export controls or sanctions.
69.3.2. Self-Verification
69.3.2.1. Users are responsible for verifying that their use of the company’s offerings complies with local and international export laws.
69.4. Export Classifications and Licensing
The company classifies its products and technology according to export control frameworks and may require licensing for certain exports.
69.4.1. Export Control Classifications
69.4.1.1. Products and technologies are classified under applicable export control lists, such as the Export Administration Regulations (EAR).
69.4.2. Licensing Requirements
69.4.2.1. Certain exports may require prior authorization or licensing, and users must obtain necessary permits before initiating transfers.
69.5. Data and Technology Transfers
The transfer of data or technology across borders is subject to export control laws and privacy regulations.
69.5.1. Encryption and Security
69.5.1.1. Export of software or technology incorporating encryption is subject to additional scrutiny and regulations.
69.5.2. Data Localization Requirements
69.5.2.1. Data subject to localization laws may not be transferred out of restricted jurisdictions without explicit permission.
69.6. Monitoring and Enforcement
The company actively monitors transactions and usage to ensure compliance with export laws.
69.6.1. Transaction Screening
69.6.1.1. All transactions involving international transfers are screened for compliance with export laws and sanctions.
69.6.2. Investigations
69.6.2.1. Suspected violations of export laws are investigated promptly, and corrective measures are implemented.
69.7. Jurisdictional Compliance
The company ensures compliance with export control laws in all relevant jurisdictions.
69.7.1. Australia
69.7.1.1. Adherence to the Defence Trade Controls Act 2012 (Cth) and related export control frameworks.
69.7.2. United States
69.7.2.1. Compliance with the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and Office of Foreign Assets Control (OFAC) sanctions.
69.7.3. European Union
69.7.3.1. Observance of the EU Dual-Use Regulation and other export control measures applicable to member states.
69.8. Penalties for Non-Compliance
Violations of export laws may result in severe penalties, including legal and financial consequences.
69.8.1. Account Termination
69.8.1.1. Accounts associated with export law violations may be suspended or permanently terminated.
69.8.2. Legal Action
69.8.2.1. The company reserves the right to report violations to regulatory authorities and pursue legal action against offenders.
69.9. Amendments to Export Law Compliance Policies
The company reserves the right to update its export law compliance policies under Clause 14 (Changes to Terms).
69.9.1. Users will be notified of significant changes through designated communication channels.
69.10. Dispute Resolution for Export Law Issues
Disputes related to export law compliance or enforcement will be resolved in accordance with Clause 33 (Dispute Resolution).
70. Refund Processing Times
70.1. Scope and Applicability
This clause governs the policies and procedures related to the processing of refunds for transactions conducted through the company’s platform or services.
70.1.1. Refund processing times refer to the duration from when a refund request is approved to when the refunded amount is credited back to the user.
70.1.2. These provisions apply to all users requesting refunds for eligible transactions as outlined in Clause 15 (Refunds and Payments).
70.2. Eligibility for Refunds
Refunds are processed only for eligible transactions in accordance with the company’s refund policies.
70.2.1. Eligible Transactions
70.2.1.1. Refunds are granted for transactions meeting the conditions specified in the purchase or service agreement, including product defects, service failures, or cancellations within the allowable period.
70.2.2. Ineligible Transactions
70.2.2.1. Certain transactions, such as non-refundable items or services rendered, may not qualify for refunds.
70.3. Refund Request Submission
Users must follow the company’s refund request procedures to initiate the process.
70.3.1. Submission Channels
70.3.1.1. Refund requests must be submitted through the designated channels, such as an online form, email, or customer service portal.
70.3.2. Required Information
70.3.2.1. Requests must include transaction details, reasons for the refund, and any supporting documentation or evidence.
70.4. Processing Timelines
The company strives to process refunds within specified timelines, depending on the payment method and jurisdiction.
70.4.1. Standard Processing Times
70.4.1.1. Refunds are typically processed within 5 to 10 business days after approval, unless otherwise stated.
70.4.2. Payment Method Variations
70.4.2.1. Processing times may vary based on the payment method used, such as credit/debit cards, bank transfers, or digital wallets.
70.4.3. Exceptional Delays
70.4.3.1. Delays may occur due to external factors, such as banking holidays, third-party payment processor issues, or user errors in providing required information.
70.5. Notification of Refund Status
Users will be informed of the status of their refund requests throughout the process.
70.5.1. Acknowledgment of Request
70.5.1.1. Users will receive confirmation of their refund request within 1 to 2 business days of submission.
70.5.2. Approval or Denial Notice
70.5.2.1. Users will be notified of the approval or denial of their refund request, along with reasons in case of denial.
70.6. Fees and Deductions
Refund amounts may be subject to deductions, as specified in the transaction terms.
70.6.1. Transaction Fees
70.6.1.1. Processing or administrative fees, if applicable, will be deducted from the refund amount, as disclosed during the transaction.
70.6.2. Non-Refundable Charges
70.6.2.1. Certain charges, such as shipping fees or taxes, may not be refundable unless required by law.
70.7. Prohibited Activities
Users are prohibited from engaging in fraudulent activities or abusing the refund policy.
70.7.1. False Claims
70.7.1.1. Submitting falsified information or making fraudulent refund requests is strictly prohibited.
70.7.2. Chargeback Abuse
70.7.2.1. Users must not initiate chargebacks without valid grounds or prior communication with the company.
70.8. Jurisdictional Compliance
The company ensures compliance with refund regulations in relevant jurisdictions.
70.8.1. Australia
70.8.1.1. Compliance with the Australian Consumer Law, ensuring timely refunds for defective or misrepresented goods and services.
70.8.2. United States
70.8.2.1. Adherence to federal and state consumer protection laws, including the Federal Trade Commission (FTC) guidelines on refunds and returns.
70.8.3. European Union
70.8.3.1. Observance of the EU Consumer Rights Directive, mandating refunds within 14 days for canceled or returned products under eligible conditions.
70.9. Amendments to Refund Processing Policies
The company reserves the right to update its refund processing policies under Clause 14 (Changes to Terms).
70.9.1. Users will be notified of significant updates through designated communication channels.
70.10. Dispute Resolution for Refund Issues
Disputes related to refunds or processing times will be resolved in accordance with Clause 33 (Dispute Resolution).
71. Data Backup Disclaimer
71.1. Scope and Applicability
This clause governs the company’s responsibilities and limitations regarding the backup, restoration, and retention of user data stored on its platforms or systems.
71.1.1. Data backup refers to the process of copying and storing user data to ensure its recoverability in the event of system failures, breaches, or data loss.
71.1.2. These provisions apply to all users who store data, files, or content on the company’s platforms, systems, or services.
71.2. User Responsibility for Data Backup
The company emphasizes that users are primarily responsible for maintaining their own backups of critical data.
71.2.1. Self-Backup Obligations
71.2.1.1. Users must ensure they regularly back up their data to prevent loss or damage in case of system failures or unforeseen events.
71.2.2. Acknowledgment of Risks
71.2.2.1. Users acknowledge that relying solely on the company’s systems for data backup may result in irreversible data loss.
71.3. Company’s Backup Practices
The company implements data backup practices to safeguard user data but does not guarantee complete recovery in all circumstances.
71.3.1. Periodic Backups
71.3.1.1. The company performs regular backups of its systems to minimize the risk of data loss due to technical issues or security incidents.
71.3.2. Retention Policies
71.3.2.1. Backups are retained for a limited period, as determined by the company’s data management policies.
71.3.3. Scope of Backup
71.3.3.1. The company’s backup systems may not include all user-generated content, files, or data, especially if excluded by user-specific settings.
71.4. Limitations of Liability
The company disclaims liability for data loss, corruption, or failure to restore data except as required by law.
71.4.1. No Guarantees of Recovery
71.4.1.1. The company does not guarantee that user data will be recoverable in all instances, including those resulting from force majeure events or user errors.
71.4.2. Exclusion of Indirect Damages
71.4.2.1. The company is not liable for indirect or consequential damages arising from data loss, including business interruptions or reputational harm.
71.5. Restoration of Data
The company may assist with data restoration efforts where feasible, subject to its limitations and policies.
71.5.1. Request-Based Restoration
71.5.1.1. Users may request data restoration through designated support channels, subject to the company’s verification and feasibility assessment.
71.5.2. Fees for Restoration Services
71.5.2.1. The company reserves the right to charge fees for data restoration services, particularly in cases of user-caused data loss.
71.6. Prohibited Activities
Users are prohibited from engaging in activities that compromise the company’s backup systems or data integrity.
71.6.1. Tampering with Systems
71.6.1.1. Users must not attempt to access, modify, or disrupt the company’s backup or data recovery systems.
71.6.2. Storage of Prohibited Content
71.6.2.1. Users are prohibited from storing prohibited or illegal content, as outlined in Clause 75 (Prohibited Uses of Services).
71.7. Jurisdictional Compliance
The company ensures its data backup practices comply with applicable data protection and security laws.
71.7.1. Australia
71.7.1.1. Compliance with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) regarding data storage and retention.
71.7.2. United States
71.7.2.1. Adherence to the California Consumer Privacy Act (CCPA) and relevant federal regulations concerning data security.
71.7.3. European Union
71.7.3.1. Observance of the General Data Protection Regulation (GDPR) for backup systems and data retention practices.
71.8. Amendments to Data Backup Policies
The company reserves the right to update its data backup policies under Clause 14 (Changes to Terms).
71.8.1. Users will be notified of significant changes through designated communication channels.
71.9. Dispute Resolution for Data Backup Issues
Disputes related to data backup or restoration efforts will be resolved in accordance with Clause 33 (Dispute Resolution).
72. Community Moderation Roles
72.1. Scope and Applicability
This clause governs the roles, responsibilities, and policies associated with community moderation on the company’s platform or services.
72.1.1. Community moderation refers to the actions and decisions taken to ensure compliance with the platform’s rules, promote respectful interactions, and maintain a safe environment for all users.
72.1.2. These provisions apply to community moderators, users, and other stakeholders involved in or affected by moderation activities.
72.2. Role of Community Moderators
Community moderators are appointed to oversee interactions and enforce platform rules within the company’s services.
72.2.1. Appointed Moderators
72.2.1.1. Moderators may include company employees, contractors, or selected users entrusted with moderation responsibilities.
72.2.2. Primary Duties
72.2.2.1. Moderators are responsible for monitoring user-generated content, addressing rule violations, and facilitating constructive engagement within the community.
72.3. Moderation Authority and Scope
Moderators are granted specific authority to manage user interactions and enforce community guidelines.
72.3.1. Content Review and Actions
72.3.1.1. Moderators may review, approve, edit, or remove user-generated content that violates platform rules or legal requirements.
72.3.2. User Warnings and Penalties
72.3.2.1. Moderators may issue warnings, suspend accounts, or escalate issues to company management for further action.
72.3.3. Dispute Mediation
72.3.3.1. Moderators may mediate disputes between users to maintain community harmony, where feasible.
72.4. Code of Conduct for Moderators
Community moderators are required to adhere to a code of conduct that ensures fairness, accountability, and professionalism.
72.4.1. Impartial Enforcement
72.4.1.1. Moderators must enforce rules consistently and without bias or favoritism.
72.4.2. Respect for Privacy
72.4.2.1. Moderators must respect user privacy and handle sensitive information in accordance with Clause 7 (Privacy Policy).
72.4.3. Avoidance of Abuse
72.4.3.1. Moderators are prohibited from abusing their authority, engaging in harassment, or acting unethically.
72.5. User Rights in Moderation
Users are entitled to transparency and fairness in community moderation actions.
72.5.1. Notice of Actions
72.5.1.1. Users will be notified of moderation actions affecting their content or accounts, including reasons for the action.
72.5.2. Appeals Process
72.5.2.1. Users may appeal moderation decisions through the procedures outlined in Clause 33 (Dispute Resolution).
72.5.3. Reporting Moderator Misconduct
72.5.3.1. Users may report concerns about moderator behavior through the channels specified in Clause 16 (Contact Information).
72.6. Prohibited Activities
The following activities are prohibited to ensure the integrity of community moderation:
72.6.1. Unjustified Content Removal
72.6.1.1. Removing content without valid reasons or in violation of established policies is strictly prohibited.
72.6.2. Conflict of Interest
72.6.2.1. Moderators must avoid actions that create conflicts of interest, such as favoring personal acquaintances or interests.
72.7. Training and Support for Moderators
The company provides resources and training to ensure effective and fair moderation.
72.7.1. Initial Training
72.7.1.1. Moderators undergo training on platform rules, conflict resolution, and ethical decision-making.
72.7.2. Ongoing Support
72.7.2.1. The company offers ongoing resources, guidance, and access to higher-level support for complex moderation issues.
72.8. Jurisdictional Compliance
Community moderation activities comply with relevant laws and regulations in all applicable jurisdictions.
72.8.1. Australia
72.8.1.1. Compliance with the Online Safety Act 2021 and anti-discrimination laws.
72.8.2. United States
72.8.2.1. Adherence to Section 230 of the Communications Decency Act, protecting moderation actions made in good faith.
72.8.3. European Union
72.8.3.1. Observance of the EU Digital Services Act and GDPR requirements for moderation activities and user rights.
72.9. Amendments to Community Moderation Policies
The company reserves the right to update its community moderation policies under Clause 14 (Changes to Terms).
72.9.1. Users will be notified of significant changes through designated communication channels.
72.10. Dispute Resolution for Moderation Issues
Disputes related to community moderation decisions or actions will be resolved in accordance with Clause 33 (Dispute Resolution).
73. User Behavior Analytics
73.1. Scope and Applicability
This clause governs the company’s collection, analysis, and use of user behavior data to improve services, ensure compliance, and enhance user experiences.
73.1.1. User behavior analytics refers to the examination of user interactions with the company’s platform, services, or systems to identify trends, patterns, and anomalies.
73.1.2. These provisions apply to all users interacting with the company’s platforms, including web applications, mobile apps, and other digital services.
73.2. Purpose of User Behavior Analytics
The company collects and analyzes user behavior data for legitimate purposes, including:
73.2.1. Service Improvement
73.2.1.1. Enhancing the functionality, usability, and performance of the company’s platform.
73.2.2. User Experience Personalization
73.2.2.1. Customizing content, recommendations, and features to align with user preferences.
73.2.3. Security and Compliance
73.2.3.1. Identifying fraudulent activities, enforcing compliance with terms, and ensuring platform security.
73.3. Types of Data Collected
The company collects data from various interactions, including but not limited to:
73.3.1. Behavioral Data
73.3.1.1. Information on clicks, navigation patterns, time spent on pages, and user interactions.
73.3.2. Device Data
73.3.2.1. Information about the user’s device, operating system, browser type, and IP address.
73.3.3. Transactional Data
73.3.3.1. Details related to purchases, subscriptions, and payment methods.
73.4. Methods of Data Collection
User behavior data is collected through various tools and technologies.
73.4.1. Cookies and Tracking Technologies
73.4.1.1. Cookies, web beacons, and similar technologies are used to collect data, subject to user consent as outlined in Clause 7 (Privacy Policy).
73.4.2. Server Logs
73.4.2.1. Server logs automatically capture user interactions for analytical purposes.
73.4.3. Third-Party Tools
73.4.3.1. The company may use third-party analytics providers, who are bound by confidentiality and data protection agreements.
73.5. User Rights and Controls
Users have the following rights regarding behavior analytics:
73.5.1. Opt-Out Options
73.5.1.1. Users may opt out of certain tracking mechanisms, such as non-essential cookies, via privacy settings.
73.5.2. Access to Data
73.5.2.1. Users may request access to their behavioral data in accordance with Clause 7 (Privacy Policy).
73.5.3. Correction and Deletion
73.5.3.1. Users may request correction or deletion of inaccurate or unnecessary data, subject to legal obligations.
73.6. Data Security and Privacy
The company ensures that user behavior data is collected, stored, and used securely.
73.6.1. Data Encryption
73.6.1.1. All data is encrypted during transmission and storage to protect against unauthorized access.
73.6.2. Anonymization and Aggregation
73.6.2.1. Data is anonymized and aggregated where possible to minimize privacy risks.
73.6.3. Access Restrictions
73.6.3.1. Only authorized personnel may access user behavior data for legitimate purposes.
73.7. Prohibited Activities
The following activities are prohibited to ensure ethical use of user behavior analytics:
73.7.1. Data Misuse
73.7.1.1. Using behavior data for purposes unrelated to those disclosed to users.
73.7.2. Discriminatory Profiling
73.7.2.1. Engaging in profiling that results in discrimination or violates user rights.
73.8. Jurisdictional Compliance
The company ensures compliance with data analytics regulations in relevant jurisdictions.
73.8.1. Australia
73.8.1.1. Compliance with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs).
73.8.2. United States
73.8.2.1. Adherence to the California Consumer Privacy Act (CCPA) and Federal Trade Commission (FTC) guidelines.
73.8.3. European Union
73.8.3.1. Observance of the General Data Protection Regulation (GDPR), including requirements for user consent and transparency.
73.9. Amendments to User Behavior Analytics Policies
The company reserves the right to update its user behavior analytics policies under Clause 14 (Changes to Terms).
73.9.1. Users will be notified of significant updates through designated communication channels.
73.10. Dispute Resolution for Analytics Issues
Disputes related to user behavior analytics will be resolved in accordance with Clause 33 (Dispute Resolution).
74. Reservation of Rights
74.1. Scope and Applicability
This clause governs the company’s reservation of rights concerning its intellectual property, services, platforms, and any other assets or entitlements.
74.1.1. Reservation of rights refers to the company’s explicit retention of authority and ownership over its assets and the discretion to enforce or limit their use.
74.1.2. These provisions apply to all users, contractors, third parties, and entities interacting with the company’s services, systems, or intellectual property.
74.2. Intellectual Property and Content
The company reserves all rights to its intellectual property, content, and proprietary materials unless expressly granted to users or third parties.
74.2.1. Ownership
74.2.1.1. The company retains ownership of copyrights, trademarks, patents, trade secrets, and other intellectual property, as outlined in Clause 5 (Intellectual Property Rights).
74.2.2. License Limitations
74.2.2.1. Users are granted only the rights explicitly stated in the terms of use, licenses, or agreements, and no implied rights are conferred.
74.3. Modification or Withdrawal of Services
The company reserves the right to modify, suspend, or withdraw any part of its services or features at its discretion.
74.3.1. Service Adjustments
74.3.1.1. Modifications may include updates, upgrades, or discontinuation of specific functionalities, subject to prior notice where feasible.
74.3.2. Discontinuation of Services
74.3.2.1. The company may cease offering certain services or products without liability, except as required by law.
74.4. Policy and Term Amendments
The company reserves the right to amend its policies, terms, or agreements to reflect operational, legal, or regulatory changes.
74.4.1. Notice of Amendments
74.4.1.1. Users will be notified of significant changes in accordance with Clause 14 (Changes to Terms).
74.4.2. Acceptance of Updates
74.4.2.1. Continued use of the company’s services after amendments constitutes acceptance of the updated terms.
74.5. Enforcement of Rights
The company reserves the right to enforce its rights against unauthorized use or violations of its terms and conditions.
74.5.1. Legal Action
74.5.1.1. Unauthorized use of the company’s intellectual property or services may result in civil or criminal legal actions.
74.5.2. Injunctions and Remedies
74.5.2.1. The company reserves the right to seek injunctive relief or other remedies to prevent or address violations.
74.6. Data and Analytics
The company reserves rights over data collected on its platform, as outlined in Clause 24 (User Data and Analytics).
74.6.1. Use of Data
74.6.1.1. The company retains the right to analyze, aggregate, and utilize user data in accordance with applicable laws and its privacy policy.
74.6.2. Restriction of Access
74.6.2.1. The company may limit or restrict user access to data or analytics tools at its discretion.
74.7. Third-Party Integrations and Services
The company reserves the right to modify or terminate third-party integrations or services provided on its platform.
74.7.1. Changes to Partnerships
74.7.1.1. The company may discontinue or revise third-party services without liability, except as required by applicable agreements.
74.7.2. Liability Disclaimer
74.7.2.1. The company is not responsible for the actions or policies of third-party service providers integrated into its platform.
74.8. Jurisdictional Compliance
The company’s reservation of rights complies with applicable laws in all relevant jurisdictions.
74.8.1. Australia
74.8.1.1. Compliance with the Copyright Act 1968 (Cth), Competition and Consumer Act 2010 (Cth), and other relevant statutes.
74.8.2. United States
74.8.2.1. Adherence to the Lanham Act, Digital Millennium Copyright Act (DMCA), and other federal intellectual property laws.
74.8.3. European Union
74.8.3.1. Observance of the EU General Data Protection Regulation (GDPR) and EU Copyright Directive.
74.9. Amendments to Reservation of Rights Policies
The company reserves the right to update this clause under Clause 14 (Changes to Terms).
74.9.1. Users will be notified of significant updates through designated communication channels.
74.10. Dispute Resolution for Reservation of Rights Issues
Disputes related to the reservation of rights will be resolved in accordance with Clause 33 (Dispute Resolution).
75. Prohibited Uses of Services
75.1. Scope and Applicability
This clause governs the activities and behaviors explicitly prohibited on the company’s platforms, systems, and services to ensure compliance with laws, regulations, and ethical standards.
75.1.1. Prohibited uses refer to activities that violate the company’s terms, harm other users, or compromise the integrity, security, or functionality of the company’s services.
75.1.2. These provisions apply to all users, contractors, and third parties engaging with the company’s services or systems.
75.2. General Prohibited Activities
The following activities are strictly prohibited:
75.2.1. Illegal Activities
75.2.1.1. Engaging in activities that violate local, national, or international laws, including fraud, hacking, and money laundering.
75.2.2. Harmful Content
75.2.2.1. Creating, uploading, sharing, or distributing content that is defamatory, obscene, abusive, or promotes violence or hate speech.
75.2.3. Intellectual Property Infringement
75.2.3.1. Using the company’s services to distribute or use copyrighted material, trademarks, or other intellectual property without proper authorization.
75.2.4. Unauthorized Access
75.2.4.1. Attempting to gain unauthorized access to the company’s systems, user accounts, or data.
75.3. Prohibited Uses Related to Technology
Certain technological abuses are prohibited to ensure the security and functionality of the company’s services.
75.3.1. Malware Distribution
75.3.1.1. Uploading, transmitting, or distributing viruses, worms, or other harmful code.
75.3.2. Automated Tools
75.3.2.1. Using bots, crawlers, or scraping tools without prior authorization, as outlined in Clause 62 (Reverse Engineering or Data Scraping).
75.3.3. Service Disruption
75.3.3.1. Engaging in activities that disrupt or overload the company’s services, such as denial-of-service (DoS) attacks.
75.4. Prohibited Uses Related to User Behavior
Users are prohibited from behaviors that harm or endanger other users or the community.
75.4.1. Harassment and Bullying
75.4.1.1. Engaging in targeted harassment, bullying, or threats against individuals or groups, as outlined in Clause 60 (Anti-Harassment and Safe Space Policy).
75.4.2. Impersonation
75.4.2.1. Pretending to be another person, entity, or company representative without authorization.
75.4.3. Fraudulent Activities
75.4.3.1. Providing false information, creating fake accounts, or engaging in deceptive practices to manipulate other users or the platform.
75.5. Prohibited Commercial Uses
The company prohibits unauthorized commercial activities on its platforms.
75.5.1. Unauthorized Advertising
75.5.1.1. Posting, promoting, or transmitting unsolicited advertisements, spam, or affiliate links without permission.
75.5.2. Resale of Services
75.5.2.1. Reselling or redistributing the company’s services, products, or content without a valid agreement.
75.5.3. Financial Scams
75.5.3.1. Using the platform to solicit funds or engage in pyramid schemes, phishing, or other fraudulent financial activities.
75.6. Consequences of Prohibited Uses
Violations of this clause may result in penalties, including suspension or termination of accounts and legal actions.
75.6.1. Account Suspension or Termination
75.6.1.1. The company reserves the right to suspend or terminate accounts involved in prohibited uses without prior notice.
75.6.2. Reporting to Authorities
75.6.2.1. Violations involving illegal activities may be reported to relevant law enforcement or regulatory authorities.
75.6.3. Recovery of Damages
75.6.3.1. The company reserves the right to seek compensation for damages caused by prohibited uses, including legal fees and operational costs.
75.7. User Reporting of Prohibited Activities
Users are encouraged to report suspected violations of this clause.
75.7.1. Reporting Mechanisms
75.7.1.1. Reports can be submitted through the designated channels outlined in Clause 16 (Contact Information).
75.7.2. Protection of Reporters
75.7.2.1. The company ensures confidentiality and protection against retaliation for users reporting prohibited activities in good faith.
75.8. Jurisdictional Compliance
The company ensures that its policies on prohibited uses comply with applicable laws and regulations in all jurisdictions.
75.8.1. Australia
75.8.1.1. Compliance with the Criminal Code Act 1995 (Cth) and other relevant laws governing online activities and cybersecurity.
75.8.2. United States
75.8.2.1. Adherence to federal laws, including the Computer Fraud and Abuse Act (CFAA) and Federal Trade Commission (FTC) regulations.
75.8.3. European Union
75.8.3.1. Observance of the EU Digital Services Act and GDPR in addressing prohibited uses and protecting user rights.
75.9. Amendments to Prohibited Uses Policies
The company reserves the right to update its prohibited uses policies under Clause 14 (Changes to Terms).
75.9.1. Users will be notified of significant updates through designated communication channels.
75.10. Dispute Resolution for Prohibited Uses
Disputes related to allegations or enforcement of this clause will be resolved in accordance with Clause 33 (Dispute Resolution).
76. Liability for Third-Party Integrations
76.1. Scope and Applicability
This clause governs the company’s liability and responsibilities concerning third-party integrations, including software, services, and content provided by external entities.
76.1.1. Third-party integrations refer to external tools, plugins, APIs, or services that are connected to or used in conjunction with the company’s platform or systems.
76.1.2. These provisions apply to all users engaging with third-party integrations through the company’s platform, as well as to the providers of such integrations.
76.2. Use of Third-Party Integrations
Users may access and utilize third-party integrations provided through the company’s platform, subject to specific terms.
76.2.1. Availability
76.2.1.1. Third-party integrations are offered to enhance user functionality and convenience, but their availability is not guaranteed.
76.2.2. User Agreements with Third Parties
76.2.2.1. Users may be required to accept additional terms and conditions directly with the third-party provider to access or use their services.
76.3. Company Liability Limitations
The company disclaims liability for issues arising from the use of third-party integrations, except where explicitly required by law.
76.3.1. Independent Operations
76.3.1.1. Third-party integrations operate independently, and the company does not control their functionality, reliability, or content.
76.3.2. Exclusion of Warranties
76.3.2.1. The company does not provide warranties or guarantees regarding the performance, security, or compatibility of third-party integrations.
76.3.3. Indirect Damages
76.3.3.1. The company is not liable for indirect or consequential damages, such as data loss, service interruptions, or system incompatibilities, resulting from third-party integrations.
76.4. User Responsibilities
Users are responsible for their interactions with third-party integrations and must take necessary precautions.
76.4.1. Verification of Suitability
76.4.1.1. Users must verify that third-party integrations meet their needs and are compatible with their systems.
76.4.2. Security Precautions
76.4.2.1. Users must ensure that their interactions with third-party integrations do not compromise their security or data privacy.
76.5. Prohibited Activities
The following activities are prohibited in relation to third-party integrations:
76.5.1. Unauthorized Modifications
76.5.1.1. Modifying or attempting to alter the functionality of third-party integrations without authorization.
76.5.2. Infringement of Third-Party Rights
76.5.2.1. Using third-party integrations in ways that violate the intellectual property rights or terms of the provider.
76.6. Company’s Role in Resolving Issues
The company may, at its discretion, assist in resolving issues related to third-party integrations.
76.6.1. Support Services
76.6.1.1. Users may request support for issues related to third-party integrations through the company’s designated channels.
76.6.2. Escalation to Providers
76.6.2.1. The company may facilitate communication between users and third-party providers but does not guarantee resolution.
76.7. Termination of Third-Party Integrations
The company reserves the right to terminate or restrict access to third-party integrations at its discretion.
76.7.1. Discontinuation of Support
76.7.1.1. Third-party integrations may be removed or discontinued without liability for loss of functionality.
76.7.2. Breach of Terms
76.7.2.1. The company may disable access to third-party integrations that violate terms of use or present security risks.
76.8. Jurisdictional Compliance
The company ensures compliance with laws and regulations related to third-party integrations in applicable jurisdictions.
76.8.1. Australia
76.8.1.1. Compliance with the Australian Consumer Law regarding third-party service disclosures and liability.
76.8.2. United States
76.8.2.1. Adherence to Federal Trade Commission (FTC) guidelines on third-party integrations and liability.
76.8.3. European Union
76.8.3.1. Observance of the EU Digital Services Act and GDPR requirements related to third-party services and data privacy.
76.9. Amendments to Third-Party Integration Policies
The company reserves the right to update its policies regarding third-party integrations under Clause 14 (Changes to Terms).
76.9.1. Users will be notified of significant changes through designated communication channels.
76.10. Dispute Resolution for Third-Party Integration Issues
Disputes related to third-party integrations will be resolved in accordance with Clause 33 (Dispute Resolution).
77. Tax Obligations
77.1. Scope and Applicability
This clause governs the company’s and users’ responsibilities concerning tax obligations arising from transactions, services, and activities conducted on or through the company’s platform.
77.1.1. Tax obligations refer to the legal requirements to collect, remit, or report taxes as determined by applicable local, national, or international tax laws.
77.1.2. These provisions apply to the company, users, and third parties engaging in taxable transactions through the company’s platform.
77.2. Company’s Responsibilities
The company complies with applicable tax laws and facilitates the proper collection and remittance of taxes.
77.2.1. Tax Collection and Remittance
77.2.1.1. The company collects and remits sales tax, value-added tax (VAT), goods and services tax (GST), or other applicable taxes as required by law.
77.2.2. Tax Reporting
77.2.2.1. The company provides necessary reports to tax authorities regarding taxable transactions, as required by jurisdictional laws.
77.2.3. Transparency
77.2.3.1. The company discloses tax amounts on invoices, receipts, or transaction summaries provided to users.
77.3. User Responsibilities
Users are responsible for ensuring compliance with their individual tax obligations arising from the use of the company’s platform or services.
77.3.1. Tax Identification
77.3.1.1. Users may be required to provide valid tax identification numbers or certificates to confirm their tax status.
77.3.2. Self-Reporting
77.3.2.1. Users must report income or transactions facilitated through the company’s platform to their respective tax authorities where applicable.
77.3.3. Tax Exemptions
77.3.3.1. Users claiming tax exemptions must provide the necessary documentation, such as exemption certificates, to the company.
77.4. Tax Calculation and Application
Taxes are calculated based on applicable laws and user-specific factors such as location and transaction type.
77.4.1. Location-Based Taxation
77.4.1.1. Taxes are determined based on the user’s shipping or billing address, as required by jurisdictional laws.
77.4.2. Product-Specific Taxation
77.4.2.1. Certain products or services may be subject to varying tax rates depending on their classification under tax laws.
77.5. Dispute of Tax Amounts
Users may dispute tax calculations or amounts by following the company’s dispute resolution procedures.
77.5.1. Submission of Disputes
77.5.1.1. Users must provide evidence supporting their claim, such as tax exemption certificates or proof of incorrect tax application.
77.5.2. Company Review
77.5.2.1. The company will review and address disputes in a timely manner and issue corrections if necessary.
77.6. Prohibited Activities
The following activities are prohibited to ensure compliance with tax laws:
77.6.1. Tax Evasion
77.6.1.1. Users are prohibited from engaging in practices intended to evade taxes, including falsifying information or misrepresenting transaction details.
77.6.2. Improper Use of Exemptions
77.6.2.1. Users must not misuse tax exemption statuses or provide false documentation.
77.7. Jurisdictional Compliance
The company ensures compliance with tax obligations across relevant jurisdictions.
77.7.1. Australia
77.7.1.1. Compliance with GST laws under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related Australian Taxation Office (ATO) regulations.
77.7.2. United States
77.7.2.1. Adherence to state and federal tax laws, including collection and remittance of sales tax as required by state-specific regulations.
77.7.3. European Union
77.7.3.1. Observance of VAT directives and regulations applicable to digital services and cross-border transactions.
77.8. Tax Documentation and Records
The company retains and provides documentation related to tax collection and remittance.
77.8.1. Retention Periods
77.8.1.1. Tax records are retained for the duration required by jurisdictional laws for audit and compliance purposes.
77.8.2. User Access
77.8.2.1. Users may request tax-related documentation, such as invoices or receipts, through designated channels.
77.9. Amendments to Tax Obligation Policies
The company reserves the right to update its tax policies under Clause 14 (Changes to Terms).
77.9.1. Users will be notified of significant updates through designated communication channels.
77.10. Dispute Resolution for Tax Issues
Disputes related to tax obligations will be resolved in accordance with Clause 33 (Dispute Resolution).
78. Localization of Content
78.1. Scope and Applicability
This clause governs the company’s localization of content and services to ensure accessibility, cultural relevance, and legal compliance in different regions or languages.
78.1.1. Localization refers to the adaptation of content, features, and services to meet the linguistic, cultural, and regulatory needs of specific regions.
78.1.2. These provisions apply to all users, contractors, and third parties accessing or interacting with localized content provided by the company.
78.2. Purpose of Localization
The company localizes content to enhance user experience, comply with local laws, and increase accessibility.
78.2.1. Cultural Relevance
78.2.1.1. Content is tailored to align with the cultural norms, preferences, and sensitivities of target regions.
78.2.2. Linguistic Accuracy
78.2.2.1. Services and materials are translated accurately and appropriately for each language to ensure clarity and precision.
78.2.3. Regulatory Compliance
78.2.3.1. Localized content complies with local legal, tax, and consumer protection regulations.
78.3. Scope of Localization
Localization efforts may include translations, adjustments to visual and textual content, and modifications for legal or technical requirements.
78.3.1. Languages Supported
78.3.1.1. The company provides content in multiple languages, prioritizing those spoken in regions with high user engagement.
78.3.2. Cultural Adaptation
78.3.2.1. Visuals, examples, and terminology are adapted to reflect local customs and norms.
78.3.3. Legal and Regulatory Adjustments
78.3.3.1. Local laws may necessitate modifications to terms, features, or disclosures in certain regions.
78.4. Limitations of Localization
While the company strives for comprehensive localization, certain limitations may apply.
78.4.1. Partial Localization
78.4.1.1. Some features, content, or services may be available only in the company’s primary language or regions.
78.4.2. Errors or Inconsistencies
78.4.2.1. Localization errors or inconsistencies may occur, and the company endeavors to address these promptly when identified.
78.5. User Contributions to Localization
The company may involve users in improving localized content through feedback or collaboration.
78.5.1. Feedback Mechanisms
78.5.1.1. Users may provide feedback on translations or localization efforts via the channels outlined in Clause 16 (Contact Information).
78.5.2. Crowdsourced Localization
78.5.2.1. The company may invite users to contribute to localization efforts, subject to terms and conditions.
78.6. Prohibited Activities
The following activities related to localized content are prohibited:
78.6.1. Unauthorized Modifications
78.6.1.1. Users must not modify or distribute localized content without authorization from the company.
78.6.2. Misinformation
78.6.2.1. Users are prohibited from spreading false information about localized content or services.
78.7. Jurisdictional Compliance
The company ensures that its localization efforts comply with applicable laws in relevant jurisdictions.
78.7.1. Australia
78.7.1.1. Compliance with the Australian Consumer Law regarding the accuracy and fairness of localized materials.
78.7.2. United States
78.7.2.1. Adherence to Federal Trade Commission (FTC) regulations for localized marketing and consumer disclosures.
78.7.3. European Union
78.7.3.1. Observance of the EU Consumer Rights Directive and GDPR for localized content and user data handling.
78.8. Amendments to Localization Policies
The company reserves the right to update its localization policies under Clause 14 (Changes to Terms).
78.8.1. Users will be notified of significant updates through designated communication channels.
78.9. Dispute Resolution for Localization Issues
Disputes related to localization errors, omissions, or policies will be resolved in accordance with Clause 33 (Dispute Resolution).
79. Non-Solicitation
79.1. Scope and Applicability
This clause governs non-solicitation obligations to protect the company’s employees, contractors, clients, and intellectual property from unauthorized recruitment or solicitation activities.
79.1.1. Non-solicitation refers to the prohibition of directly or indirectly soliciting the company’s employees, contractors, clients, or users for personal or third-party benefit without prior authorization.
79.1.2. These provisions apply to all users, contractors, and third parties interacting with the company’s platform, employees, or resources.
79.2. Prohibited Solicitation Activities
The following solicitation activities are strictly prohibited:
79.2.1. Recruitment of Employees and Contractors
79.2.1.1. Directly or indirectly recruiting, hiring, or attempting to hire the company’s employees or contractors without prior written consent.
79.2.2. Client or User Solicitation
79.2.2.1. Soliciting the company’s clients or users to engage in business with a competing entity or service provider.
79.2.3. Inducement to Breach Agreements
79.2.3.1. Encouraging or inducing employees, contractors, or users to violate their contractual obligations to the company.
79.3. Duration and Geographic Scope of Non-Solicitation Obligations
The company’s non-solicitation obligations apply within specified timeframes and geographic areas.
79.3.1. Duration of Restriction
79.3.1.1. Non-solicitation obligations remain in effect for the duration of an employee’s or contractor’s engagement and for a specified period following termination, as defined in applicable agreements.
79.3.2. Geographic Scope
79.3.2.1. The geographic scope of non-solicitation restrictions may vary based on jurisdictional laws and contractual terms.
79.4. Exceptions to Non-Solicitation
Certain activities are exempt from non-solicitation obligations, provided they meet specific criteria.
79.4.1. General Advertising
79.4.1.1. Recruitment advertisements that are publicly available and not targeted specifically at the company’s employees or contractors are permissible.
79.4.2. Mutual Agreements
79.4.2.1. Solicitation activities conducted with the company’s prior written consent are exempt from restrictions.
79.5. Enforcement and Penalties for Violations
The company reserves the right to enforce non-solicitation obligations and impose penalties for violations.
79.5.1. Legal Remedies
79.5.1.1. Violations of this clause may result in legal action, including claims for damages, injunctive relief, or both.
79.5.2. Financial Penalties
79.5.2.1. The company may seek compensation for financial losses incurred due to solicitation activities.
79.6. Reporting Violations
Users, employees, or contractors are encouraged to report suspected violations of non-solicitation obligations.
79.6.1. Reporting Mechanisms
79.6.1.1. Reports may be submitted through the channels specified in Clause 16 (Contact Information).
79.6.2. Confidentiality of Reports
79.6.2.1. The company ensures confidentiality and protection against retaliation for individuals reporting violations in good faith.
79.7. Jurisdictional Compliance
The company ensures that non-solicitation obligations comply with applicable laws in relevant jurisdictions.
79.7.1. Australia
79.7.1.1. Compliance with the Fair Work Act 2009 (Cth) and associated employment laws.
79.7.2. United States
79.7.2.1. Adherence to state-specific non-solicitation statutes and federal regulations governing fair competition.
79.7.3. European Union
79.7.3.1. Observance of EU employment and competition laws, including restrictions on anti-competitive behavior.
79.8. Amendments to Non-Solicitation Policies
The company reserves the right to update its non-solicitation policies under Clause 14 (Changes to Terms).
79.8.1. Users will be notified of significant updates through designated communication channels.
79.9. Dispute Resolution for Non-Solicitation Issues
Disputes related to non-solicitation obligations or enforcement will be resolved in accordance with Clause 33 (Dispute Resolution).
80. Data Breach Notification Policy
80.1. Scope and Applicability
This clause governs the company’s obligations and procedures for notifying users, regulatory authorities, and other stakeholders in the event of a data breach.
80.1.1. A data breach refers to the unauthorized access, disclosure, or destruction of personal data or other sensitive information held by the company.
80.1.2. These provisions apply to all users, contractors, and third parties whose data may be impacted by a breach, as well as the company’s employees and systems.
80.2. Objectives of Data Breach Notification
The company’s data breach notification policy aims to:
80.2.1. Protect Affected Individuals
80.2.1.1. Minimize harm to users and stakeholders by promptly informing them of potential risks.
80.2.2. Ensure Transparency
80.2.2.1. Maintain trust by openly addressing breaches and implementing corrective actions.
80.2.3. Compliance with Laws
80.2.3.1. Fulfill legal obligations to notify affected parties and relevant authorities.
80.3. Detection and Assessment of Data Breaches
The company monitors and assesses potential breaches to determine their scope and impact.
80.3.1. Incident Detection
80.3.1.1. Automated systems and manual processes are employed to identify unusual activities or security vulnerabilities.
80.3.2. Impact Assessment
80.3.2.1. The company evaluates the nature and extent of the breach, including the type of data compromised and the number of affected individuals.
80.4. Notification Process
In the event of a data breach, the company will notify affected parties and relevant authorities promptly.
80.4.1. Notification Timeline
80.4.1.1. Notifications will be issued within the timeframes prescribed by applicable laws, typically within 72 hours of breach confirmation for regulatory authorities.
80.4.2. Affected Individuals
80.4.2.1. Affected users will receive notifications detailing the breach, potential risks, and recommended actions to mitigate harm.
80.4.3. Regulatory Authorities
80.4.3.1. Notifications will be sent to relevant data protection authorities, as required by jurisdictional regulations.
80.5. Content of Notifications
Notifications will include clear and concise information about the breach.
80.5.1. Details of the Breach
80.5.1.1. The nature of the breach, such as the type of data compromised and the timeframe of exposure.
80.5.2. Potential Impact
80.5.2.1. Risks posed to affected individuals, including identity theft, financial loss, or privacy concerns.
80.5.3. Mitigation Steps
80.5.3.1. Actions taken by the company and recommendations for users to protect themselves, such as password updates or credit monitoring.
80.6. Mitigation and Remediation
The company implements corrective measures to address breaches and prevent recurrence.
80.6.1. System Patching
80.6.1.1. Vulnerabilities are addressed through software updates, enhanced security protocols, and system monitoring.
80.6.2. Training and Awareness
80.6.2.1. Employees and contractors receive training on breach prevention and response protocols.
80.7. Data Breach Record-Keeping
The company maintains detailed records of all data breaches and related actions.
80.7.1. Incident Logs
80.7.1.1. Logs include details of the breach, affected systems, and actions taken to mitigate its impact.
80.7.2. Retention Period
80.7.2.1. Records are retained for the duration required by jurisdictional laws to ensure compliance and facilitate audits.
80.8. Prohibited Activities
The following activities related to data breaches are strictly prohibited:
80.8.1. Concealment of Breaches
80.8.1.1. Employees, contractors, or third parties must not conceal or delay reporting a data breach.
80.8.2. Unauthorized Disclosure
80.8.2.1. Sharing breach-related information without authorization is prohibited to prevent misinformation or panic.
80.9. Jurisdictional Compliance
The company ensures compliance with data breach notification laws in all relevant jurisdictions.
80.9.1. Australia
80.9.1.1. Compliance with the Notifiable Data Breaches (NDB) scheme under the Privacy Act 1988 (Cth).
80.9.2. United States
80.9.2.1. Adherence to state-specific data breach notification laws, including the California Consumer Privacy Act (CCPA).
80.9.3. European Union
80.9.3.1. Observance of the General Data Protection Regulation (GDPR) requirement to notify authorities and individuals.
80.10. Amendments to Data Breach Notification Policy
The company reserves the right to update its data breach notification policy under Clause 14 (Changes to Terms).
80.10.1. Users will be notified of significant updates through designated communication channels.
80.11. Dispute Resolution for Data Breach Issues
Disputes related to data breaches or notifications will be resolved in accordance with Clause 33 (Dispute Resolution).
81. Blockchain or Token Disclaimer
81.1. Scope and Applicability
This clause governs the company’s disclaimers, limitations of liability, and responsibilities regarding the use of blockchain technologies or tokens associated with its services.
81.1.1. Blockchain refers to distributed ledger technology that enables decentralized recording, verification, and storage of transactions.
81.1.2. Tokens include cryptocurrencies, digital assets, or any blockchain-based units of value issued, used, or traded within the company’s platform.
81.1.3. These provisions apply to all users, developers, and third parties engaging with the company’s blockchain-related features or token systems.
81.2. Disclaimer of Responsibility for Blockchain Functionality
The company disclaims responsibility for the inherent risks, volatility, and functionality of blockchain technology.
81.2.1. Decentralized Nature
81.2.1.1. Blockchain systems operate independently and are beyond the company’s direct control, including issues such as network delays, transaction failures, or forks.
81.2.2. Token Volatility
81.2.2.1. The value of tokens may fluctuate due to market conditions, and the company does not guarantee the stability or security of token value.
81.3. Use of Blockchain and Tokens on the Platform
The company enables blockchain integration and token functionality as part of its services but does not guarantee their performance.
81.3.1. Access to Blockchain Networks
81.3.1.1. Users interact with blockchain networks at their own risk and are responsible for understanding associated protocols.
81.3.2. Token Transactions
81.3.2.1. All transactions involving tokens are final and irreversible once confirmed on the blockchain.
81.4. User Responsibilities
Users engaging with blockchain or tokens must adhere to the following responsibilities:
81.4.1. Self-Custody
81.4.1.1. Users are responsible for securely managing their private keys, wallets, and access credentials. Loss of access to private keys may result in permanent loss of tokens or assets.
81.4.2. Regulatory Compliance
81.4.2.1. Users must comply with applicable laws and regulations related to blockchain and tokens, including tax reporting and anti-money laundering obligations.
81.5. Prohibited Activities
The following activities related to blockchain or tokens are strictly prohibited:
81.5.1. Fraudulent Transactions
81.5.1.1. Engaging in deceptive practices, including double-spending or phishing, to exploit blockchain systems.
81.5.2. Unauthorized Token Use
81.5.2.1. Creating or distributing unauthorized tokens that impersonate or misrepresent the company’s platform or brand.
81.6. Limitations of Liability
The company disclaims liability for losses or damages arising from blockchain or token use.
81.6.1. Network Risks
81.6.1.1. The company is not liable for issues arising from blockchain network failures, forks, or errors.
81.6.2. User Actions
81.6.2.1. The company is not responsible for user mistakes, such as sending tokens to incorrect addresses or losing private keys.
81.7. Company-Issued Tokens
If the company issues tokens for use on its platform, the following conditions apply:
81.7.1. Utility Tokens
81.7.1.1. Tokens issued by the company may be used exclusively for platform-specific purposes and do not constitute securities.
81.7.2. Token Expiry
81.7.2.1. The company reserves the right to limit the validity of issued tokens or discontinue their use at its discretion.
81.8. Jurisdictional Compliance
The company ensures that its blockchain and token-related activities comply with applicable laws in relevant jurisdictions.
81.8.1. Australia
81.8.1.1. Compliance with Australian Securities and Investments Commission (ASIC) guidelines for cryptocurrencies and tokens.
81.8.2. United States
81.8.2.1. Adherence to Securities and Exchange Commission (SEC) regulations and Financial Crimes Enforcement Network (FinCEN) guidelines for token use.
81.8.3. European Union
81.8.3.1. Observance of EU regulations for digital assets, including the Markets in Crypto-Assets (MiCA) framework.
81.9. Amendments to Blockchain and Token Policies
The company reserves the right to update its blockchain and token-related policies under Clause 14 (Changes to Terms).
81.9.1. Users will be notified of significant updates through designated communication channels.
81.10. Dispute Resolution for Blockchain and Token Issues
Disputes related to blockchain or token use will be resolved in accordance with Clause 33 (Dispute Resolution).
82. Subscription Sharing
82.1. Scope and Applicability
This clause governs the policies and restrictions related to subscription sharing for services provided by the company.
82.1.1. Subscription sharing refers to the practice of sharing access to a single subscription account with multiple individuals or entities, either within or outside the terms explicitly authorized by the company.
82.1.2. These provisions apply to all users subscribing to the company’s services and any third parties attempting to use shared subscriptions.
82.2. Authorized Subscription Sharing
Subscription sharing is permitted under certain conditions explicitly outlined by the company.
82.2.1. Family or Group Plans
82.2.1.1. The company may offer plans that allow designated individuals, such as family members or organizational teams, to share access within defined limits.
82.2.2. Account Holder Responsibility
82.2.2.1. The primary account holder is responsible for all activity under the shared subscription, including ensuring compliance with the company’s terms.
82.3. Prohibited Subscription Sharing Activities
The following activities are strictly prohibited to prevent misuse or unauthorized access:
82.3.1. Unauthorized Sharing
82.3.1.1. Sharing login credentials with individuals or entities outside the scope of authorized sharing plans.
82.3.2. Commercial Resale
82.3.2.1. Selling, renting, or otherwise monetizing access to the subscription without prior written consent from the company.
82.3.3. Circumvention of Limits
82.3.3.1. Using technical measures, such as proxy servers or virtual private networks (VPNs), to bypass geographic, user, or device limitations on subscriptions.
82.4. Monitoring and Enforcement
The company reserves the right to monitor and enforce subscription sharing policies to maintain service integrity.
82.4.1. Usage Monitoring
82.4.1.1. The company may monitor account activity, including login locations, device usage, and concurrent sessions, to detect unauthorized sharing.
82.4.2. Account Restrictions
82.4.2.1. Violations may result in temporary suspension, termination of the subscription, or restrictions on account access.
82.5. User Responsibilities
Users are responsible for ensuring compliance with subscription sharing policies.
82.5.1. Secure Account Credentials
82.5.1.1. Users must keep their login credentials secure and notify the company immediately of suspected unauthorized access.
82.5.2. Transparency in Sharing
82.5.2.1. Users must disclose all individuals who will share access under authorized plans and update the company promptly if changes occur.
82.6. Consequences of Policy Violations
Violations of subscription sharing policies may result in penalties or legal action.
82.6.1. Account Termination
82.6.1.1. The company may terminate accounts involved in unauthorized sharing without prior notice.
82.6.2. Financial Recovery
82.6.2.1. The company reserves the right to recover subscription fees or other damages caused by unauthorized sharing.
82.7. Prohibited Activities Reporting
Users are encouraged to report suspected violations of subscription sharing policies.
82.7.1. Reporting Mechanisms
82.7.1.1. Reports can be submitted through the designated channels outlined in Clause 16 (Contact Information).
82.7.2. Confidentiality
82.7.2.1. The company ensures confidentiality and protection against retaliation for users reporting violations in good faith.
82.8. Jurisdictional Compliance
The company ensures that its subscription sharing policies comply with relevant laws and regulations in all applicable jurisdictions.
82.8.1. Australia
82.8.1.1. Compliance with the Australian Consumer Law regarding fairness in subscription terms and conditions.
82.8.2. United States
82.8.2.1. Adherence to Federal Trade Commission (FTC) regulations for subscription services and unauthorized access prevention.
82.8.3. European Union
82.8.3.1. Observance of the EU Digital Services Act and GDPR regarding subscription sharing and user rights.
82.9. Amendments to Subscription Sharing Policies
The company reserves the right to update its subscription sharing policies under Clause 14 (Changes to Terms).
82.9.1. Users will be notified of significant updates through designated communication channels.
82.10. Dispute Resolution for Subscription Sharing Issues
Disputes related to subscription sharing policies or enforcement will be resolved in accordance with Clause 33 (Dispute Resolution).
83. AI-Generated Content Policy
83.1. Scope and Applicability
This clause governs the creation, use, and dissemination of content generated by artificial intelligence (AI) systems on the company’s platform or services.
83.1.1. AI-generated content refers to text, images, audio, video, or other materials produced using machine learning algorithms, natural language processing, or other AI technologies.
83.1.2. These provisions apply to all users, developers, and third parties interacting with AI-generated content provided by or created using the company’s services.
83.2. Transparency and Disclosure
The company is committed to ensuring transparency in the use of AI-generated content.
83.2.1. Content Labeling
83.2.1.1. AI-generated content will be clearly labeled or disclosed as such to ensure users are aware of its origin.
83.2.2. User Notifications
83.2.2.1. Users will be notified when engaging with AI-generated outputs in interactive systems or automated responses.
83.3. Quality and Accuracy
The company strives to maintain high standards for the quality and accuracy of AI-generated content.
83.3.1. Limitations and Accuracy
83.3.1.1. AI-generated content may contain inaccuracies or inconsistencies, and users are advised to verify critical information independently.
83.3.2. Continuous Improvement
83.3.2.1. AI models are regularly updated and trained to improve content relevance, accuracy, and ethical alignment.
83.4. Prohibited Uses of AI-Generated Content
The following uses of AI-generated content are prohibited to prevent misuse or harm:
83.4.1. Deceptive Practices
83.4.1.1. Using AI-generated content to impersonate individuals, spread misinformation, or engage in fraudulent activities.
83.4.2. Harmful or Inappropriate Content
83.4.2.1. Creating or distributing content that is defamatory, offensive, obscene, or promotes violence or hate speech.
83.4.3. Automated Abuse
83.4.3.1. Leveraging AI-generated content for spamming, harassment, or other abusive activities.
83.5. User Responsibilities
Users generating or utilizing AI content must adhere to the following obligations:
83.5.1. Ethical Usage
83.5.1.1. Users must ensure that AI-generated content is used ethically and in compliance with applicable laws and regulations.
83.5.2. Attribution
83.5.2.1. Users must provide attribution or disclosure when sharing AI-generated content where required.
83.5.3. Non-Infringement
83.5.3.1. Users must ensure that AI-generated content does not infringe on intellectual property rights or violate the company’s policies.
83.6. Ownership and Licensing of AI-Generated Content
The company retains rights over AI-generated content produced using its proprietary systems, unless explicitly transferred.
83.6.1. Company Ownership
83.6.1.1. AI-generated content produced using the company’s systems remains the intellectual property of the company unless otherwise stated.
83.6.2. User Rights
83.6.2.1. Users generating content through the company’s tools may receive a license to use the content for personal or commercial purposes, subject to terms.
83.7. Jurisdictional Compliance
The company ensures compliance with laws governing AI-generated content in relevant jurisdictions.
83.7.1. Australia
83.7.1.1. Adherence to the Australian Consumer Law and relevant intellectual property regulations for AI-created works.
83.7.2. United States
83.7.2.1. Compliance with Federal Trade Commission (FTC) guidelines on AI disclosures and intellectual property laws.
83.7.3. European Union
83.7.3.1. Observance of the EU Artificial Intelligence Act and GDPR for transparency and ethical AI use.
83.8. Amendments to AI-Generated Content Policies
The company reserves the right to update its AI-generated content policies under Clause 14 (Changes to Terms).
83.8.1. Users will be notified of significant updates through designated communication channels.
83.9. Dispute Resolution for AI-Generated Content Issues
Disputes related to AI-generated content, including ownership, misuse, or policy violations, will be resolved in accordance with Clause 33 (Dispute Resolution).
84. Loyalty Program Liability
84.1. Scope and Applicability
This clause governs the company’s liability and responsibilities concerning loyalty programs offered to users, including any associated rewards, benefits, or entitlements.
84.1.1. Loyalty programs refer to initiatives that provide users with rewards, points, or benefits based on their engagement, purchases, or other qualifying activities.
84.1.2. These provisions apply to all users participating in the company’s loyalty programs and any third parties involved in program administration.
84.2. Nature of Loyalty Programs
The company offers loyalty programs to enhance user engagement and provide added value for eligible activities.
84.2.1. Non-Transferability
84.2.1.1. Rewards, points, or benefits are non-transferable unless explicitly authorized by the company.
84.2.2. No Cash Value
84.2.2.1. Rewards and points do not have monetary value and cannot be redeemed for cash, unless expressly stated.
84.3. Eligibility and Participation
Users must meet specific criteria to participate in loyalty programs.
84.3.1. User Eligibility
84.3.1.1. Eligibility is determined based on account status, geographic location, and other criteria outlined in the program terms.
84.3.2. Enrollment Process
84.3.2.1. Users must enroll in loyalty programs through the designated process, such as online registration or account activation.
84.4. Earning and Redeeming Rewards
The company provides clear guidelines for earning and redeeming loyalty rewards.
84.4.1. Point Accumulation
84.4.1.1. Users earn points or benefits for qualifying activities, such as purchases, referrals, or other program-specific actions.
84.4.2. Redemption Process
84.4.2.1. Rewards can be redeemed for eligible products, services, or discounts, subject to availability and program terms.
84.4.3. Expiration of Points
84.4.3.1. Points or benefits may expire after a specified period, as disclosed in the program terms.
84.5. Company Liability Limitations
The company’s liability in relation to loyalty programs is limited as follows:
84.5.1. Program Changes or Termination
84.5.1.1. The company reserves the right to modify or terminate loyalty programs at any time without liability for unused points or benefits, except as required by law.
84.5.2. Errors or Omissions
84.5.2.1. The company is not liable for errors, omissions, or discrepancies in point calculations or reward availability, provided they are promptly corrected upon discovery.
84.5.3. Third-Party Involvement
84.5.3.1. The company disclaims liability for rewards, products, or services provided by third-party partners or affiliates involved in the loyalty program.
84.6. Prohibited Activities
The following activities related to loyalty programs are prohibited:
84.6.1. Fraudulent Activity
84.6.1.1. Manipulating point accumulation, redemption processes, or program systems through unauthorized or deceptive means.
84.6.2. Unauthorized Transfers
84.6.2.1. Selling, trading, or transferring points or benefits without company authorization.
84.7. User Responsibilities
Users participating in loyalty programs must adhere to the following responsibilities:
84.7.1. Program Compliance
84.7.1.1. Users must comply with the program’s terms and conditions and promptly report any issues or discrepancies.
84.7.2. Account Maintenance
84.7.2.1. Users are responsible for maintaining the accuracy of their account information, including contact details, to receive program updates and notifications.
84.8. Jurisdictional Compliance
The company ensures that its loyalty programs comply with applicable laws in relevant jurisdictions.
84.8.1. Australia
84.8.1.1. Compliance with the Australian Consumer Law regarding loyalty program disclosures and fairness.
84.8.2. United States
84.8.2.1. Adherence to Federal Trade Commission (FTC) guidelines for loyalty programs and consumer protection.
84.8.3. European Union
84.8.3.1. Observance of the EU Consumer Rights Directive and GDPR for data handling in loyalty programs.
84.9. Amendments to Loyalty Program Policies
The company reserves the right to update its loyalty program policies under Clause 14 (Changes to Terms).
84.9.1. Users will be notified of significant updates through designated communication channels.
84.10. Dispute Resolution for Loyalty Program Issues
Disputes related to loyalty programs, including point calculations, redemption, or policy violations, will be resolved in accordance with Clause 33 (Dispute Resolution).
85. User Education or Training
85.1. Scope and Applicability
This clause governs the company’s responsibilities and practices concerning the provision of educational materials, training resources, or programs for users interacting with its platform, products, or services.
85.1.1. User education refers to instructional materials, workshops, tutorials, or training sessions offered by the company to enhance user proficiency or understanding.
85.1.2. These provisions apply to all users accessing educational or training resources provided directly or indirectly by the company.
85.2. Purpose of User Education or Training
The company provides educational and training resources to ensure users have the knowledge and skills to maximize their experience with the platform or services.
85.2.1. Skill Development
85.2.1.1. Empower users to effectively navigate and utilize the platform’s features, tools, and functionalities.
85.2.2. Compliance and Awareness
85.2.2.1. Educate users on compliance with the company’s policies, terms, and applicable legal requirements.
85.2.3. Safety and Security
85.2.3.1. Promote best practices for safeguarding user data and preventing misuse of the platform.
85.3. Types of Educational and Training Resources
The company may provide the following types of resources:
85.3.1. Online Tutorials and Guides
85.3.1.1. Step-by-step instructions and video tutorials accessible through the company’s platform or website.
85.3.2. Webinars and Live Sessions
85.3.2.1. Interactive webinars or live training sessions conducted by company representatives or certified instructors.
85.3.3. Workshops and Certifications
85.3.3.1. In-person or virtual workshops and certification programs for advanced users or specific use cases.
85.4. Accessibility and Inclusivity
The company ensures that its educational and training resources are accessible to a diverse audience.
85.4.1. Language Options
85.4.1.1. Resources are provided in multiple languages where feasible to accommodate global users.
85.4.2. Disability Access
85.4.2.1. Materials are designed to be inclusive, adhering to accessibility standards such as WCAG (Web Content Accessibility Guidelines).
85.4.3. Device Compatibility
85.4.3.1. Training materials are optimized for access on a variety of devices, including desktops, tablets, and smartphones.
85.5. Prohibited Activities
The following activities related to educational and training resources are prohibited:
85.5.1. Unauthorized Distribution
85.5.1.1. Sharing, copying, or redistributing training materials without explicit authorization from the company.
85.5.2. Manipulation of Content
85.5.2.1. Altering or misrepresenting training content in ways that conflict with its intended use.
85.6. User Responsibilities
Users engaging with educational or training resources must adhere to the following obligations:
85.6.1. Appropriate Use
85.6.1.1. Use the resources solely for their intended purposes, as outlined in the accompanying documentation or guidelines.
85.6.2. Feedback and Improvement
85.6.2.1. Provide constructive feedback to help the company enhance its training offerings.
85.7. Limitations of Company Liability
The company disclaims liability for outcomes resulting from the use of educational or training resources.
85.7.1. Accuracy and Updates
85.7.1.1. While efforts are made to ensure accuracy, the company does not guarantee that all materials are error-free or up-to-date.
85.7.2. User Application
85.7.2.1. The company is not responsible for how users apply the knowledge gained from training resources in their personal or professional activities.
85.8. Jurisdictional Compliance
The company ensures that its educational and training programs comply with applicable laws and standards.
85.8.1. Australia
85.8.1.1. Adherence to Australian consumer law regarding the accuracy and representation of educational materials.
85.8.2. United States
85.8.2.1. Compliance with Federal Trade Commission (FTC) guidelines on training and instructional material disclosures.
85.8.3. European Union
85.8.3.1. Observance of EU consumer protection regulations and accessibility standards.
85.9. Amendments to Education or Training Policies
The company reserves the right to update its user education or training policies under Clause 14 (Changes to Terms).
85.9.1. Users will be notified of significant updates through designated communication channels.
85.10. Dispute Resolution for Education or Training Issues
Disputes related to educational or training resources, including content accuracy or access issues, will be resolved in accordance with Clause 33 (Dispute Resolution).
86: Sustainability Metrics
86.1. Scope and Applicability
This clause governs the company’s commitment to tracking, reporting, and improving sustainability metrics in its operations, products, and services.
86.1.1. Sustainability metrics refer to quantitative and qualitative measures used to assess the environmental, social, and economic impact of the company’s activities.
86.1.2. These provisions apply to the company’s internal operations, supply chain, product lifecycle, and external engagements.
86.2. Purpose of Sustainability Metrics
The company utilizes sustainability metrics to:
86.2.1. Monitor Environmental Impact
86.2.1.1. Track resource consumption, emissions, and waste generation to minimize the company’s ecological footprint.
86.2.2. Promote Accountability
86.2.2.1. Provide transparent reporting to stakeholders regarding the company’s sustainability goals and performance.
86.2.3. Drive Continuous Improvement
86.2.3.1. Identify areas for enhancing sustainability practices across operations and product offerings.
86.3. Key Areas of Focus
The company’s sustainability metrics are centered on the following areas:
86.3.1. Energy Efficiency
86.3.1.1. Measuring energy consumption, renewable energy use, and energy efficiency initiatives.
86.3.2. Carbon Emissions
86.3.2.1. Monitoring greenhouse gas emissions and implementing carbon reduction strategies.
86.3.3. Waste Management
86.3.3.1. Tracking waste generation, recycling rates, and reduction efforts in production and operations.
86.3.4. Water Usage
86.3.4.1. Measuring water consumption and implementing conservation measures in facilities and processes.
86.3.5. Supply Chain Impact
86.3.5.1. Assessing sustainability practices of suppliers and partners, including sourcing and transportation.
86.4. Measurement and Reporting
The company commits to transparent measurement and reporting of its sustainability performance.
86.4.1. Data Collection
86.4.1.1. Sustainability data is collected through internal audits, external assessments, and advanced monitoring tools.
86.4.2. Reporting Standards
86.4.2.1. Reports are prepared in compliance with recognized frameworks, such as the Global Reporting Initiative (GRI) and the United Nations Sustainable Development Goals (SDGs).
86.4.3. Frequency of Reports
86.4.3.1. Sustainability performance reports are published annually, with periodic updates as necessary.
86.5. Stakeholder Engagement
The company actively engages stakeholders in its sustainability initiatives.
86.5.1. Employee Participation
86.5.1.1. Employees are encouraged to contribute to sustainability efforts through training, awareness programs, and actionable initiatives.
86.5.2. Community Collaboration
86.5.2.1. The company collaborates with local communities, non-governmental organizations (NGOs), and industry groups to drive sustainable development.
86.5.3. Customer Feedback
86.5.3.1. Customers may provide feedback or suggestions regarding the company’s sustainability practices through the channels outlined in Clause 16 (Contact Information).
86.6. Prohibited Practices
The company prohibits activities that undermine sustainability objectives.
86.6.1. Greenwashing
86.6.1.1. Misrepresenting sustainability practices or performance in communications or marketing materials.
86.6.2. Non-Compliance with Standards
86.6.2.1. Failing to adhere to environmental laws, regulations, or recognized sustainability standards.
86.7. Jurisdictional Compliance
The company ensures that its sustainability practices comply with applicable laws and standards in relevant jurisdictions.
86.7.1. Australia
86.7.1.1. Adherence to the National Greenhouse and Energy Reporting (NGER) Act 2007 and relevant environmental protection laws.
86.7.2. United States
86.7.2.1. Compliance with Environmental Protection Agency (EPA) regulations and federal sustainability mandates.
86.7.3. European Union
86.7.3.1. Observance of the EU Green Deal, Corporate Sustainability Reporting Directive (CSRD), and Circular Economy Action Plan.
86.8. Amendments to Sustainability Metrics Policies
The company reserves the right to update its sustainability metrics policies under Clause 14 (Changes to Terms).
86.8.1. Users will be notified of significant updates through designated communication channels.
86.9. Dispute Resolution for Sustainability Issues
Disputes related to the company’s sustainability metrics or practices will be resolved in accordance with Clause 33 (Dispute Resolution).
87. Customizable User Experiences
87.1. Scope and Applicability
This clause governs the company’s provision of customizable user experiences, including personalization features and user-controlled settings.
87.1.1. Customizable user experiences refer to the ability of users to modify, tailor, or personalize aspects of the platform, products, or services to suit their preferences.
87.1.2. These provisions apply to all users who interact with the company’s services and utilize its customization features.
87.2. Purpose of Customizable Experiences
The company offers customization options to enhance user engagement, satisfaction, and accessibility.
87.2.1. Personalization
87.2.1.1. Allow users to configure settings, content, and interfaces that align with their individual needs and preferences.
87.2.2. Ease of Use
87.2.2.1. Improve usability by enabling simplified and intuitive navigation tailored to user behavior.
87.2.3. Increased Accessibility
87.2.3.1. Provide features that enhance accessibility for diverse user groups, including those with disabilities.
87.3. Features of Customizable User Experiences
The company’s platform may include the following customizable features:
87.3.1. Interface Adjustments
87.3.1.1. Options for modifying layout, themes, fonts, or display modes, such as dark mode or high-contrast settings.
87.3.2. Content Preferences
87.3.2.1. Personalization of recommended content, notifications, or communication preferences based on user interactions.
87.3.3. User-Controlled Settings
87.3.3.1. Controls for adjusting privacy, security, or notification preferences through user dashboards or profiles.
87.4. User Responsibilities
Users are responsible for managing their customization settings to ensure optimal experiences.
87.4.1. Accurate Configuration
87.4.1.1. Users must provide accurate information and adjust settings responsibly to align with their preferences.
87.4.2. Maintenance of Preferences
87.4.2.1. Users should periodically review and update customization settings as necessary.
87.5. Company Responsibilities and Limitations
The company is committed to enabling user customization but acknowledges certain limitations.
87.5.1. Feature Availability
87.5.1.1. Not all features or settings may be available to all users due to geographic, technical, or licensing constraints.
87.5.2. Compatibility Issues
87.5.2.1. Customization features may not function consistently across all devices, browsers, or operating systems.
87.5.3. Data Privacy and Security
87.5.3.1. The company ensures that data collected through customization settings is managed in compliance with Clause 7 (Privacy Policy).
87.6. Prohibited Activities
The following activities related to customizable user experiences are prohibited:
87.6.1. Unauthorized Modifications
87.6.1.1. Attempting to alter or access restricted customization settings or features without authorization.
87.6.2. Exploitation of Features
87.6.2.1. Using customization features to manipulate, exploit, or bypass platform functionality in violation of the terms.
87.7. Jurisdictional Compliance
The company ensures that its customizable user experience features comply with applicable laws and regulations.
87.7.1. Australia
87.7.1.1. Compliance with the Disability Discrimination Act 1992 (Cth) and Australian Privacy Principles for accessibility and personalization.
87.7.2. United States
87.7.2.1. Adherence to the Americans with Disabilities Act (ADA) and Federal Trade Commission (FTC) guidelines for digital interfaces.
87.7.3. European Union
87.7.3.1. Observance of the EU General Data Protection Regulation (GDPR) and Web Accessibility Directive for personalization and accessibility.
87.8. Amendments to Customization Policies
The company reserves the right to update its policies related to customizable user experiences under Clause 14 (Changes to Terms).
87.8.1. Users will be notified of significant updates through designated communication channels.
87.9. Dispute Resolution for Customization Issues
Disputes related to customizable user experiences, including functionality or compliance concerns, will be resolved in accordance with Clause 33 (Dispute Resolution).
88. Termination for Inactivity
88.1. Scope and Applicability
This clause governs the company’s right to terminate user accounts or services due to extended periods of inactivity.
88.1.1. Inactivity refers to the absence of user engagement with the company’s platform, services, or systems for a specified duration.
88.1.2. These provisions apply to all user accounts, subscriptions, or services subject to the company’s inactivity policies.
88.2. Purpose of Termination for Inactivity
The company reserves the right to terminate inactive accounts or services to optimize system performance, ensure data security, and allocate resources effectively.
88.2.1. Resource Optimization
88.2.1.1. Free up system capacity and storage by removing accounts that are no longer actively used.
88.2.2. Data Privacy and Security
88.2.2.1. Mitigate risks associated with maintaining unused accounts, such as unauthorized access or data breaches.
88.2.3. Policy Compliance
88.2.3.1. Enforce fair use and compliance with subscription or service agreements.
88.3. Inactivity Criteria and Thresholds
The company defines inactivity based on specific criteria and thresholds outlined below:
88.3.1. Duration of Inactivity
88.3.1.1. Accounts may be deemed inactive after a continuous period of no user engagement, such as login or usage, for six (6) months or more, unless otherwise specified.
88.3.2. Activity Metrics
88.3.2.1. Inactivity is determined based on user engagement metrics, including login frequency, transaction history, or platform interactions.
88.4. Notification of Inactivity
The company will provide advance notice to users before terminating inactive accounts or services.
88.4.1. Notification Period
88.4.1.1. Users will receive notifications via email or other registered communication channels at least thirty (30) days prior to account termination.
88.4.2. Response Options
88.4.2.1. Users may reactivate their accounts or indicate their intent to retain the service by logging in or responding to the notification within the specified period.
88.5. Data Retention and Deletion
Upon termination for inactivity, the company will handle user data in accordance with its data retention and deletion policies.
88.5.1. Retention Period
88.5.1.1. Data associated with terminated accounts will be retained for a limited duration, as outlined in Clause 7 (Privacy Policy), before permanent deletion.
88.5.2. Export of Data
88.5.2.1. Users may request a copy of their data prior to termination, subject to the terms and procedures for data portability under Clause 56 (Data Portability).
88.6. Reactivation of Terminated Accounts
Users may request reactivation of their terminated accounts, subject to company discretion.
88.6.1. Eligibility for Reactivation
88.6.1.1. Accounts terminated due to inactivity may be reinstated within a specific period, such as six (6) months, provided the user meets the eligibility requirements.
88.6.2. Reactivation Fees
88.6.2.1. The company reserves the right to charge administrative fees for account reactivation, where applicable.
88.7. Prohibited Activities
Users are prohibited from circumventing inactivity policies through unauthorized means.
88.7.1. Automated Activity
88.7.1.1. Using bots, scripts, or other automated tools to simulate account activity is strictly prohibited.
88.7.2. False Information
88.7.2.1. Providing false or misleading information to avoid account termination is not permitted.
88.8. Jurisdictional Compliance
The company ensures that its inactivity policies comply with applicable laws and regulations in relevant jurisdictions.
88.8.1. Australia
88.8.1.1. Adherence to the Australian Privacy Principles regarding data retention and deletion for inactive accounts.
88.8.2. United States
88.8.2.1. Compliance with state and federal regulations, including the California Consumer Privacy Act (CCPA), for user account termination and data handling.
88.8.3. European Union
88.8.3.1. Observance of GDPR requirements for notifying users and handling data associated with inactive accounts.
88.9. Amendments to Inactivity Policies
The company reserves the right to update its termination for inactivity policies under Clause 14 (Changes to Terms).
88.9.1. Users will be notified of significant updates through designated communication channels.
88.10. Dispute Resolution for Inactivity Issues
Disputes related to account termination for inactivity will be resolved in accordance with Clause 33 (Dispute Resolution).
89. Arbitration and Mediation Fees
89.1. Scope and Applicability
This clause governs the allocation, payment, and recovery of fees associated with arbitration or mediation processes initiated to resolve disputes involving the company and its users, contractors, or third parties.
89.1.1. Arbitration refers to a private dispute resolution process where an impartial third party renders a binding decision.
89.1.2. Mediation refers to a non-binding process where a neutral third party facilitates negotiations to resolve disputes amicably.
89.1.3. These provisions apply to all arbitration and mediation proceedings conducted under the terms outlined in Clause 33 (Dispute Resolution).
89.2. Responsibility for Arbitration and Mediation Fees
The allocation of fees between parties depends on the nature of the dispute and the applicable laws.
89.2.1. Initial Allocation
89.2.1.1. Unless otherwise agreed, each party is responsible for its share of administrative fees, arbitrator or mediator costs, and other related expenses as determined by the relevant rules or provider.
89.2.2. Final Allocation
89.2.2.1. The final responsibility for fees may be adjusted based on the outcome of the arbitration or mediation, including cost-shifting provisions in favor of the prevailing party where applicable.
89.3. Types of Fees and Costs
The fees associated with arbitration and mediation may include the following:
89.3.1. Administrative Fees
89.3.1.1. Fees charged by the arbitration or mediation provider for case administration and facility usage.
89.3.2. Professional Fees
89.3.2.1. Compensation for arbitrators, mediators, and any appointed experts.
89.3.3. Legal Costs
89.3.3.1. Attorneys’ fees and related costs incurred by the parties, subject to rules or agreements permitting recovery.
89.3.4. Miscellaneous Costs
89.3.4.1. Costs associated with travel, documentation, or additional services required during the process.
89.4. Fee Waivers and Reductions
The company or the dispute resolution provider may offer waivers or reductions for eligible parties.
89.4.1. Financial Hardship
89.4.1.1. Parties may apply for a fee waiver or reduction by demonstrating financial hardship, subject to the provider’s rules.
89.4.2. Pro Bono Services
89.4.2.1. In certain cases, the company may facilitate access to pro bono mediation or arbitration services through partner organizations.
89.5. Non-Payment of Fees
Failure to pay required fees may result in delays, dismissal of claims, or other consequences.
89.5.1. Arbitration Proceedings
89.5.1.1. If a party fails to pay its share of arbitration fees, the arbitrator may suspend proceedings until payment is made.
89.5.2. Mediation Proceedings
89.5.2.1. Mediation sessions may be canceled or rescheduled if a party does not fulfill its fee obligations in advance.
89.6. Reimbursement and Recovery of Fees
The prevailing party in a dispute may recover fees and costs as determined by the arbitrator, mediator, or applicable rules.
89.6.1. Cost-Shifting Provisions
89.6.1.1. Recovery of fees may include arbitrator or mediator costs, legal fees, and other expenses incurred during the process.
89.6.2. Agreement-Based Recovery
89.6.2.1. The parties may agree in advance to specific terms governing the allocation and recovery of fees.
89.7. Jurisdictional Compliance
The company ensures compliance with laws and regulations governing arbitration and mediation fees in relevant jurisdictions.
89.7.1. Australia
89.7.1.1. Adherence to the Arbitration Act 1974 (Cth) and associated rules for fee allocation and recovery.
89.7.2. United States
89.7.2.1. Compliance with the Federal Arbitration Act (FAA) and state-specific regulations for dispute resolution costs.
89.7.3. European Union
89.7.3.1. Observance of EU rules for arbitration and mediation under the Alternative Dispute Resolution (ADR) Directive.
89.8. Clause Precedence and Final Authority
The precedence of this clause is subject to Clause 4 (User Responsibilities) and the authority of the company’s directors.
89.8.1. Overruling by Clause 4
89.8.1.1. In cases of conflict, the provisions of Clause 4 shall override Clause 89.
89.8.2. Director’s Decision
89.8.2.1. The final decision on whether Clause 4 overrules Clause 89 or any other clause rests with the company’s directors, whose word shall be final and binding.
89.9. Amendments to Fee Policies
The company reserves the right to update its arbitration and mediation fee policies under Clause 14 (Changes to Terms).
89.9.1. Users will be notified of significant updates through designated communication channels.
89.10. Dispute Resolution for Fee Issues
Disputes related to arbitration or mediation fees will be resolved in accordance with Clause 33 (Dispute Resolution).
90. Notice and Communication
90.1. Scope and Applicability
This clause governs the procedures, requirements, and standards for notices and communications between the company and its users, contractors, or third parties.
90.1.1. Notices refer to formal communications issued by the company to inform users of changes, updates, or other important matters, as well as communications from users to the company regarding contractual or legal issues.
90.1.2. These provisions apply to all users, contractors, and third parties interacting with the company’s platform, services, or legal frameworks.
90.2. Purpose of Notices and Communications
The company’s notice and communication policy ensures clarity, consistency, and accountability in the exchange of information.
90.2.1. Timely Notifications
90.2.1.1. Provide users with timely and relevant information regarding updates, changes, or disruptions in services.
90.2.2. Transparency and Accessibility
90.2.2.1. Ensure that all communications are clear, comprehensible, and easily accessible to the intended recipients.
90.2.3. Compliance with Legal Obligations
90.2.3.1. Fulfill legal requirements for notifications and disclosures as mandated by applicable laws and regulations.
90.3. Methods of Communication
Notices and communications may be issued through the following channels:
90.3.1. Electronic Communication
90.3.1.1. Email, in-app notifications, and messages sent to registered user accounts.
90.3.2. Physical Communication
90.3.2.1. Postal mail or courier services to the address provided by the user or company.
90.3.3. Public Announcements
90.3.3.1. Notices published on the company’s website or other official platforms for general updates or information.
90.4. User Responsibilities for Communication
Users are responsible for maintaining accurate and up-to-date contact information to facilitate effective communication.
90.4.1. Accuracy of Information
90.4.1.1. Users must ensure that their email address, phone number, and physical address on file are current and accurate.
90.4.2. Monitoring Communication Channels
90.4.2.1. Users are expected to regularly monitor the communication channels they have provided to the company.
90.5. Timing and Effectiveness of Notices
The effectiveness of notices is determined based on the timing and method of communication.
90.5.1. Electronic Notices
90.5.1.1. Notices sent via email or in-app notifications are deemed received within 24 hours of being sent.
90.5.2. Physical Notices
90.5.2.1. Notices sent by postal mail or courier are deemed received within five (5) business days of dispatch.
90.5.3. Public Announcements
90.5.3.1. Notices published on the company’s website are deemed received immediately upon publication.
90.6. Prohibited Communication Practices
The following practices are prohibited to maintain the integrity of notices and communications:
90.6.1. Misrepresentation
90.6.1.1. Sending notices that are false, misleading, or unauthorized.
90.6.2. Unauthorized Access
90.6.2.1. Accessing or tampering with the company’s communication systems without authorization.
90.7. Special Provisions for Legal Notices
Legal notices, including notices of breach or termination, must comply with specific procedures.
90.7.1. Designated Addresses
90.7.1.1. Legal notices must be sent to the designated address specified in Clause 16 (Contact Information) or as otherwise provided by the recipient.
90.7.2. Proof of Delivery
90.7.2.1. Senders of legal notices must retain proof of delivery, such as delivery receipts or acknowledgment of receipt.
90.8. Jurisdictional Compliance
The company ensures that its notice and communication practices comply with applicable laws and regulations in relevant jurisdictions.
90.8.1. Australia
90.8.1.1. Compliance with the Electronic Transactions Act 1999 (Cth) and Australian Consumer Law for electronic communications and disclosures.
90.8.2. United States
90.8.2.1. Adherence to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) for digital notices.
90.8.3. European Union
90.8.3.1. Observance of the GDPR and the EU ePrivacy Directive for electronic communications and privacy.
90.9. Amendments to Notice and Communication Policies
The company reserves the right to update its notice and communication policies under Clause 14 (Changes to Terms).
90.9.1. Users will be notified of significant updates through the designated communication channels.
90.10. Dispute Resolution for Communication Issues
Disputes related to notices or communication processes will be resolved in accordance with Clause 33 (Dispute Resolution).
Final Word
These Terms and Conditions represent the final agreement between the user and the website, establishing a clear framework for responsible usage, mutual rights, and obligations. By continuing to access or use the website and its services, users acknowledge their acceptance of these terms and agree to adhere to the principles outlined herein. The website remains committed to upholding its responsibilities, ensuring compliance with applicable laws, and providing a secure, inclusive, and transparent platform for all users.
These Terms and Conditions are effective as of 30 December 2024 and are backdated to reflect their alignment with the standards and responsibilities outlined in Clause 4. Users are encouraged to review the terms periodically for updates and remain informed of their rights and obligations.
For any inquiries or further assistance, please contact the website’s support team at projects@sadbad.group.