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1. Terms of Use – Yoomi Pty Ltd

Between:  Yoomi Pty Ltd ACN 642 048 913 c/- Targeted Business Services Pty Ltd, Unit 4, 193-203 South Pine Road, Brendale in the State of Queensland 4500 (the “Provider”).

Background

The Provider is the owner of Yoom and all of its associated intellectual property including the website located at yoom.com.au (the “Website”). The Website is used as a portal from which the Provider provides professional services to the User as described on the Website. The User’s use of the Website and the services provided by the Provider are governed by these Terms of Use.

The object of the Website is to provide a portal from which Users can engage the services of the Provider as described on the Website (the “Permitted Use”). Further, the parties agree that:

3. Now it is agreed that

3.1 Agreement

By reasons of the matters set out above, the User and the Provider have entered into a legally binding agreement on the terms of these Terms of Use.

3.3 Consent to Access - Other Users

The Providers do not consent to other users that are not the User using the Website in anyway whatsoever   (“Impermissible Use”). The Terms of Use are a legally binding agreement between the User and the Provider. In the event another user that is not the User uses the Website and the User is connected or responsible in any way whatsoever, with the Impermissible Use, then the User fully indemnifies the Provider for any loss or damage associated with the Impermissible Use.

And:  Any person who is permitted by the Provider below, through the functionality of the Website, to use the Website (the “User”).

2.1 Purpose

2.2 Purpose

(i)  the Website is accessible only to the User of the Website;

(ii)  the Provider has given notice to all Users who use the Website that its use is subject to these Terms of Use (the “Terms of Use”);

(iii)  the User, by using the Website otherwise, agrees to access the Website on the basis that they are bound by and will abide by these Terms of Use; and

(iv)  the Provider agrees to permit the User to have access to the Website on the basis of these Terms of Use.

3.2 Consent to Access - Users

The Providers hereby consents to the User having access to all of the functions of the Website for the Permitted Use and otherwise subject to these Terms of Use. This consent may be revoked by the Provider at any time and automatically terminates upon the user ceasing to be a User.

3.4 Revocation of Consent

The Providers may revoke their consent to the User having access to the Website at any time and for any reason whatsoever.

3.6 No Warranty or Representation of Availability

The Provider, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, do not warrant or represent that the Website will comply with the Permitted Use. The Provider, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, will not be liable if the Website is unavailable for any reason. The Providers, at their absolute discretion, may suspend or disconnect the User’s access to all or part of the Website during technical failure, for maintenance, or for any reason whatsoever.

3.5 Charges

The User will incur charges, payable to the Provider, characterised as a debt or liquidated demand, for access to the Website as defined on the Website.

3.7 Release and Indemnity

The User indemnifies and releases the Provider from any liability, or legal claim, of any kind whatsoever, including, but not limited to, third party loss or damage, or any loss or damage of any kind, sustained by the User in utilising the Website under the Permitted Use or the Impermissible Use or any other use.

3.8 Disclaimer

(a) The Provider, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, and the suppliers of content utilised in the Website or linked to the Website, to the extent permitted by law:

(i)  do not assume any responsibility to the User, or any  other person whatsoever, for the accuracy or      completeness of the Website. The User, and any other person who views or receives any such information, assumes sole  responsibility for evaluating the  accuracy and completeness of that content, and its  relevance and suitability to  their own circumstances;

(ii)  are not providing any legal or other advice to the User,  or any other person whatsoever, by providing the Website for use. The User, and any other person who  views or receives any such information, from the Website, assumes sole responsibility for evaluating the  accuracy and  completeness of that content, and its relevance and suitability to their own circumstances, and they should obtain appropriate professional advice  before using the Website;

(iii)  do not warrant or represent to the User, or any other person whatsoever, that the Website or any linked site, or any email sent by the Provider, is free from infection by computer viruses or other contamination;

(iv)  will have no liability, whether in contract, tort or otherwise howsoever (apart from any mandatory statutory exception or exclusion), to the User, or any other person whatsoever, for any error or omission(whether negligent or otherwise) or any loss that may be incurred as a result of the User using the Website  or  any  other information contained within the Website or any linked site being inaccurate or incomplete in any way and, or in the alternative, for any other reason; and

(v)  will have no liability, whether in contract, tort or otherwise, to the User, or any other person whatsoever, for any loss, unavailability, unauthorised disclosure or unauthorised alteration of any information  (including list information) entered in the Website (“Website Data”).

3.9 Absolute Bar

This agreement may be pleaded by the Provider as a full and complete defence to any claim commenced, continued or taken by the User or an agent of the User, at any time.

3.10 External Links

The Website may include links to other internet sites. These links are provided for information purposes only. The Provider, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, do not endorse any such sites or their content, and do not assume any responsibility to the User, or any other person whatsoever, for the accuracy or completeness of any information, material, products or services contained on or accessible through any such site. The Provider, and their team of councillors, legal advisors, editors, sub-editors, reporters, staff, agents, sub-agents and contractors, and the suppliers of content published on this or any linked site, will have no liability, whether in contract, tort or otherwise (apart from any mandatory statutory exception or exclusion), to the User or any person whatsoever for any error or omission (whether negligent or otherwise) or any loss that may be incurred by the User’s access and, or alternatively, use of any such website.

3.11 Intellectual Property

Intellectual property rights (including copyright) for the Website reside with the Provider. Apart from any fair dealings for the purposes permitted under the Copyright Act 1968 (Cth), no part of the Website may be copied, reproduced, published, communicated, adapted, collated (whether in print, online or any other digital format, including on a CD) or re-used for any commercial or other purposes without the prior written consent of the Provider. The User must not, and must not cause any other person to, use any robot, spider, screen scraper, data aggregation tool or other automatic process to monitor, copy or extract any materials from the Website, or combine any materials with the information of a third party, without the prior written consent of the Provider.

3.12 Consent to Use of Data

The User acknowledges that it will supply third party data to the Website. The User irrevocably consents to the Providers recording, using and deleting, in the ordinary course of the management and operation of the Website, all or any data created by the User’s use of the Website or provided by the Users to the Provider through the Website.

3.13 User Data

(a) The User acknowledges that, by reason of the password system used on the Website, data associated with the User on the Website may be accessed by any person (whether authorised or not) with the ability to enter the registered email address and password created by the User to the Website (or any alteration thereto) or by any person who has access to a computer which has such information stored on it (the “Accessing Person”). The User irrevocably consents to the Providers:

(v)   recording User data on the Website;

(vi)  providing access to the User data by any Accessing Person;

(vii)  deleting User data as instructed by any Accessing Person; and

(viii)  in their absolute discretion, deleting User data.

3.14 Amendment of Terms

(a) The Providers may, in their absolute discretion, commence charging additional fees for access to the Website or make any amendments to the Terms of Use by following the procedures in this clause:

3.15 Termination

This agreement may be terminated by the Proivder, at its sole discretion, by giving notice to the User at any time. The User’s right to terminate these Terms of Use are governed by the terms contained within the Website. The Providers may give notice of termination by publishing it in the Terms of Use section of the Website. Upon the Website ceasing to be used by the Providers, this agreement shall be deemed to be terminated by the Providers. For the abundance of clarity, the User shall have no legal recourse to make any type of claim, legal or otherwise, against the Provider should the Terms of Use be terminated.

(i)  if the amendments do not involve imposing any fee or other charge upon the User, at least 30 days’ notice of the  terms of the proposed amendments (and the date upon which they take effect) must be given in the Terms of Use section of the Website. Upon such notice being given, the amendments take legal effect as an agreed variation to the    Terms of Use upon the said date;

(ii)  if the amendments involve imposing any fee or other charge upon a User, at least 30 days’ notice of the terms of the proposed amendments (and the date upon which they take effect) must be given in the Terms of Use section of the Website by email notification to the registered email address of the User. Upon such notice being given, the amendments take legal effect as an agreed variation to the Terms of Use upon the said date; and

(iii)  the User is responsible for regularly reviewing the Terms of Use (and their registered email address) for any such amendments. The User’s continued use of the Website after any such amendment will confirm acceptance of those  amendments.

3.16 Governing Law

This agreement is governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the courts of Queensland.

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