TERMS AND CONDITIONS OF USE

SPACESYNC PLATFORM TERMS AND CONDITIONS OF USE

Table of Contents

1. About the Platform

(a) Welcome to Popuping PTY LTD, doing business as SpaceSync ('Company', 'we', 'us', or 'our'), a company registered in Australia. (Application). The Application facilitates

interactions between:

SpaceSync makes it easier for Retailers and Hosts/Event Organisers to locate, communicate, arrange payment and deliver the services quickly and securely on the Platform (Services).

(b) SpaceSync operates the Platform. Access to and use of the Platform, or any of its associated Services, is provided by SpaceSync. Please read these terms and conditions (Terms) carefully. Using, browsing and reading the Platform signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Platform or any of its Services immediately.

(c) SpaceSync reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SpaceSync updates the Terms, it will use reasonable

endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we

recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the Platform. You may also accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by

SpaceSync in the user interface.

3. The Services

(a) To access the Services, both the Retailer and the Host/Event Organiser must register for an account through the Platform (Account).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(c) You warrant that any information you give to SpaceSync while completing the registration process will always be accurate, correct and current.

(d) Once you have completed the registration process, you will be a registered Platform member (Member) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

4. Your obligations as a User

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. They may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other service users and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

5. Using the Platform as the Host/Event Organiser and as a Retailer

By using the Services, you represent and warrant that

(1) all registration information you submit will be true, accurate, current, and complete;

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) you have the legal capacity, and you agree to comply with these Legal Terms;

(4) you are not a minor in the jurisdiction in which you reside;

(5) you will not access the Services through automated or non-

human means, whether through a bot, script or otherwise;

(6) you will not use the Services for any illegal or unauthorised purpose; and

(7) your use of the Services will not violate any applicable law or regulation. Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).

6. Retailer Rights and Obligations

Stall Setup

Retailers are required to comply with the designated stall boundaries as specified by the Host/Event Organiser. The size and layout of each stall will be determined before the event, and Retailers must respect these allocations. Only approved merchandise or services, as outlined in the Platform or agreement with the Host/Event Organiser, may be sold or displayed. Retailers are prohibited from selling any goods that are illegal, counterfeit, or restricted without prior written consent from the Host/Event Organiser.

Permitted Activities

Retailers are permitted to conduct sales, demonstrations, and promotional activities within their designated space, provided these activities do not cause obstruction or disruption to adjacent stalls or event attendees. Unauthorised use of public address systems, loudspeakers, or any equipment that may disturb other stallholders is prohibited unless prior approval is obtained from the Host/Event Organiser.

Retailer Responsibilities

Retailers are responsible for maintaining the cleanliness and safety of their designated stall area throughout the event. This includes ensuring all waste is properly disposed of, adhering to any venue-specific environmental or safety standards, and not engaging in any activity that could harm or negatively impact other stallholders, the venue, or event attendees.

Compliance with Event Rules

In addition to the obligations in this clause, All Retailers must adhere to the rules and regulations set by the Host/Event Organiser and the host venue (including shopping centres, markets, or other public areas). This includes following operational guidelines, setup and takedown schedules, and safety regulations. Breach of these rules may result in penalties, including but not limited to the removal from the event without a refund.

Licenses and Permits

Retailers must obtain and hold all necessary local licenses, permits, and certifications to operate legally within their jurisdiction. This may include, but is not limited to, business permits, vendor licenses, and food handling certifications (where applicable). SpaceSync and Hosts/Event Organisers are not responsible for verifying the validity of stallholders' permits, and any stallholder found operating without the necessary documentation will be subject to immediate removal from the event.

Public Liability Insurance

All Retailers are required to have valid public liability insurance, with a minimum coverage amount as determined by the Host/Event Organiser. This insurance must cover the Retailer’s activities, including but not limited to sales, demonstrations, and any potential damages or injuries caused by the Retailer or their staff. Retailers must provide proof of insurance to the Host/Event Organiser upon request before the event.

SpaceSync and the Host/Event Organisers are not liable for any damages, theft, or loss of goods, nor for any personal injury or death sustained by the Retailer, their employees, or third parties due in any way to the Retailer’s activities. Retailers acknowledge that they participate in events entirely at their own risk.

Liability and Indemnity

By agreeing to these Terms and Conditions, Retailers agree to indemnify and hold harmless SpaceSync, its officers, agents, and employees, as well as the Host/Event Organiser and venue, from any and all claims, demands, actions, or damages, including reasonable attorney’s fees, arising out of or in connection with the Retailer’s participation in the event. This includes any liability related to personal injury, property damage, or any violation of local laws, rules, or regulations caused by the Retailer’s actions or failure to act.

7. Contribution Licence

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant us,  and You represent and warrant that you have the right to grant to us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions in any area of the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to release us from all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. Payment

(a) By SpaceSync offering the Services to you, you agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. GST will be payable in addition to the purchase price as required. We may change prices at any time. All payments shall be in Australian dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

(b) Payments will be made subject to the fees of each Host/Event Organisers for their planned events.

(c) All payments made using the Services are made using Stripe. In using the Platform, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions, which are available on their Platform.

9. Pricing and Fees

SpaceSync operates on a commission-based model for Host/Event Organisers. The fees are applied based on the specific pricing plan selected by the Host/Event Organisers and are charged after each successful transaction made by a Retailer to secure a spot in their market. These plans are as follows:

(a) Starter Plan

Service Fee: 2% of the total transaction amount, excluding additional processing fees our payment processor charges.

Features: Up to 3 free events hosted on SpaceSync, with a 2% service fee for paid events.

Retailer Applications: Up to 10 approved Retailer applications per event.

Administrative Accounts: 1 Admin management account is included.

Customisation & Reach: Ability to customise event pages and access tools to reach new Retailers.

(b)  SpaceSync Access Plan

Service Fee: 8% of the total transaction amount, excluding additional processing fees our payment processor charges.

Features: Host up to 12 events each year with comprehensive tools.

Retailer Applications: Up to 250 approved Retailer applications per event.

Administrative Accounts: Up to 5 Admin management accounts are included.

Additional Features: Advanced application management platform, payment tracking, automated email notifications, and the ability to connect with Retailers within our network.

(c) Enterprise Plan

Service Fee: Custom pricing, which will be determined based on the needs of the Host/Event Organisers.

Features: All features from the SpaceSync Access plan plus:

Unlimited events hosted on SpaceSync.

Unlimited Retailer applications per event.

Unlimited Admin management accounts.

Priority support.

Advanced data import and migration.

Single Sign-On (SSO) integration with role-based permissions.

(d) Not-for-Profit Plan

SpaceSync offers a special plan for eligible not-for-profit organisations. This plan includes all necessary tools for event management at no additional cost, except for payment processing fees charged by Stripe, which are passed on to the Host/Event Organisers at 2.2% per transaction.

Payment Processing Fees

SpaceSync uses Stripe as our third-party payment processor. An additional fee of 2.2% will be added to all transactions to cover Stripe's processing costs. These fees are separate from the service fees mentioned above.

Cancellation

You can cancel your subscription anytime by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

Fee Changes

We may occasionally make changes to the fee and will communicate any price changes to you in accordance with applicable law.

10. Refund Policy

(a) Since SpaceSync is only a facilitator in introducing the Retailer to the Host/Event Organisers and providing a system to make safe payments, SpaceSync does not hold any liability to the Retailer directly and will not personally refund them any payments made using Services.

(b) Notwithstanding the above clause, if a Retailer is unsatisfied with the services provided by the Host/Event Organisers or believes that they may be entitled to a refund, then SpaceSync requires the Retailer to:

(c) If contacted by a Retailer who is requesting a refund pursuant to the above clause, the Host/Event Organisers agree that it will immediately:

(i) Complete the SpaceSync refund request form (Request Form) provided on the Platform and

(ii) Provide both the Request Form and the email from the Retailer requesting the refund to SpaceSync.

(d) If the Host/Event Organisers agrees to a refund, it is acknowledged that the Host/Event Organisers will instruct SpaceSync to refund all or part of the payments made to the Retailer directly, less any fees incurred by SpaceSync in processing the refund.

(e) Both the Retailer and Host/Event Organisers agree to comply with the Refund Policy in this Clause of these Terms.

11. Third-Party Websites and Content

The Services may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Including, linking to, or permitting the use or installation of any third-party websites or third-party content does not imply our approval or endorsement. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate from the Services or any applications you use or install from the Services. Any purchases you make through third-party websites will be made through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either (1) providing your Third-Party Account login information through the Services, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network Content') so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such third-party accounts, personally identifiable information you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Services. You can turn off the connection between your account on the Services and your Third-Party Accounts anytime. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer to identify and inform you of those contacts registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers obtained through such a Third-Party Account, except the username and profile picture associated with your account.

13. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and worldwide.

The Content and Marks are provided in or through the Services 'AS IS' for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [email protected]. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content. In that case, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible when posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that contributions may be viewable by other service users and possibly through third-party websites.

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting your Contributions, as defined in Clause 7, to any part of the Services, you automatically grant us a licence as specified under Clause 7. This licence is perpetual, irrevocable, worldwide, and royalty-free, covering all forms of media and technologies now known or later developed. It allows us to use, reproduce, distribute, and modify your Contributions (including your name, logos, and trademarks as applicable) solely for purposes aligned with the operation, promotion, and improvement of the Services. You waive any moral rights related to such Contributions, except where prohibited by law. For detailed terms on rights and obligations concerning Contributions, refer to Clause 7.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because you breach (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may suspend or deactivate your account and report you to the authorities.

14. Service Management

We reserve the right, but not the obligation, to (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise turn off all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any

liability under them), which may not be limited or excluded by law.  Where our liability cannot be excluded by law, including the Australian Consumer Law, our liability for any breach of the Australian Consumer Law is limited to the supply of the Services again, or the cost of supplying the Services again, at our discretion.

(b) Subject to this clause and in addition to any other limitation contained in the Terms, to the extent permitted by law:

(i) All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) SpaceSync will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Platform and the Services is at your own risk. Everything on the Platform and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SpaceSync makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SpaceSync) referred to on the Platform. This includes (but is not restricted to) the loss or damage you might suffer as a result of any of the following:

(d) You acknowledge that SpaceSync Platform and the Services are only intended to facilitate the interactions between the Retailer and the Host/Event Organisers and do not offer services other than the Services. Spacesync holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

16. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of SpaceSync. Competitors are not permitted to use or access any information or content on our Platform. If you breach this provision, SpaceSync will hold you fully responsible for any loss we may sustain and hold you accountable for all profits you might make from such a breach.

17. Limitation of Liability

(a) SpaceSync's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that SpaceSync, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) You acknowledge and agree that SpaceSync holds no liability for any direct, indirect,

Incidental, special consequential or exemplary damages may be incurred by you because you are providing Your Content to the Platform.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason without notice at our sole discretion. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection in addition to that.

19. Term and Termination

These Legal Terms shall remain full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If  we terminate or suspend your account for any reason, then you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

20. Governing Law

These Legal Terms shall be governed by and defined following the laws of Western Australia. Popuping PTY LTD and you irrevocably consent that the courts of Western Australia shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms.

21. Dispute Resolution

You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Australian courts. Popuping PTY LTD shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.

22. Corrections

There may be information on the Services containing typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.

23. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

24. Disclaimer

IN ADDITION TO ANY OTHER PROVISION OF THESE TERMS, YOU AGREE AS FOLLOWS.  THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

25. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

26. Indemnification

You agree to indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties outlined in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.

27. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine data backups, you are solely responsible for all data that you transmit or relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

28. Electronic Communications, Transactions, And Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

29. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or concerning the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If  any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, then that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

30. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please get in touch with us at:

Popuping PTY LTD Western Australia 6102 Australia 0422952618 [email protected]