WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1 Welcome to What's Your Opinion website: https://whatsyouropinion.com.au/ (Website) operated by Real Demographics & Statistics Australia Pty Ltd. ABN: 670 449 117 (we, us, our). Our Website is an online platform which allows the members of the Website (Members, you, your) to access various surveys available on the Website and all other features and services (Services). We provide access to and use of the Website, together with any of its associated Services.

1.2 By:

  1. creating an account on the Website;

  2. browsing, accessing or using the Website;

  3. subscribing to any membership tier;

  4. answering surveys; and/or

  5. participating in Points or Prize Draw programs,

you agree to be bound by these terms and conditions (Terms).

For purposes of these Terms:

Points or Reward Points means non-monetary, promotional points that Members may earn through completing surveys or questionnaires available on the Website, participating in activities on the Website or through promotional offers made available from time to time.

Prize Draw means a game of chance, promotional draw, competition, or giveaway conducted either by us or by an authorised third-party promoter, in which eligible Members may enter (including by redeeming Points where applicable) for the opportunity to win prizes.

1.3 By accessing and/or using the Website, you agree that you have read, fully understood and agree to be bound by these Terms. We urge you to read these Terms carefully. If you do not agree with the Terms or any part herein, you must immediately cease accessing and/or using the Website and/or any of the Services.

1.4 You acknowledge and agree that we may review and update the Terms from time to time, at our sole discretion. We will use reasonable endeavours to notify you of any updates. However, it is your responsibility to check the Website periodically for the most current version of the Terms. Any changes take effect immediately upon publication on the Website.

1.5 Your continued use of the Website or continued membership as a Member after the updated Terms are published constitutes your acceptance of the revised Terms. If you do not agree to any update, you must stop accessing or using the Website and cease your membership as a Member immediately.

2. Acceptance of the Terms

2.1 You accept the Terms by any means as set out in clause 1.2.

2.2 You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the Website's interface.

3. Eligibility

3.1 To register for an account as a Member on the Website, use the Website and/or access the Services, you must:

  1. be at least 18 years of age;

  2. be an Australian resident; and

  3. not be a person barred from receiving the Services under the laws of Australia.

3.2 By creating an account as a Member on the Website, using the Website and/or accessing the Services, you represent and warrant that all information you provide is:

  1. true, accurate, current and complete; and

  2. that you meet all eligibility requirements set out in these Terms.

3.3 You acknowledge that no membership account on the Website may be created or used on behalf of another person, entity or organisation.

3.4 We reserve the right, at our sole discretion, to refuse registration, suspend access or terminate any account at any time, including without limitation, where:

  1. you do not meet the eligibility requirements;

  2. you have provided false, incomplete, outdated and/or misleading information;

  3. we believe you have breached these Terms;

  4. your conduct may compromise the integrity, security or proper functioning of the Website and/or any of the Services; or

  5. as otherwise permitted under applicable Australian law.

4. Membership and Membership Fees

4.1 We offer a range of membership tiers, which are paid subscription options. Each membership tier provides different levels of access to surveys, features, benefits and Services as described on the Website.

4.2 The specific inclusions, limitations and functionality available under each membership tier are set out on the Website and may be updated by us from time to time, with or without notice to you. You acknowledge that access levels may vary between tiers and that certain features or content may only be available to Members who are on higher membership tier(s).

4.3 Membership fees are payable in advance for the billing period you select. Our membership is a subscription. By purchasing a membership or becoming a Member, you authorise us (or our third-party payment processor) to charge your nominated payment method for the applicable fees in accordance with clause 7.

4.4 To the greatest extent permissible by Australian Consumer Law (ACL) or other applicable legislation, all membership fees are non-refundable, including where:

  1. you do not use or access the Services;

  2. you cancel part-way through a billing period; or

  3. your account is suspended, cancelled or terminated due to breach of these Terms.

4.5 You acknowledge that we may revise our membership tiers or inclusions from time to time. Where changes materially affect your membership, we will provide you with reasonable written notice. Continued membership and/or access of the Website after the effective date of any update constitutes your acceptance of any such revisions.

4.6 All subscriptions to the membership automatically renew at the end of each billing period unless duly cancelled by you prior to the membership renewal date.

4.7 We reserve the right to decline, suspend or terminate any membership with us where payment cannot be processed or where you are in breach of these Terms.

5. Membership Account

5.1 In conjunction with the membership, you will be required to register for an account through the Website before you can access the Services (Account).

5.2 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, including but not limited to the following:

  1. full name;

  2. telephone number;

  3. email address;

  4. postal address; and

  5. date of birth.

5.3 You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.

5.4 As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the Subscription Period).

6. Your Obligations as a Member

6.1 As a Member, you agree to comply with the following:

  1. you will use the Services only for purposes that are expressly permitted by these Terms;

  2. you have the sole responsibility for protecting the confidentiality of your password and/or email address or any login details (including details that may be used to verify your identity);

  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your Account, password or email address or any breach of security of which you have become aware;

  4. access and use of the Website is limited, non-transferable, and allows for the use of the Website solely by you to obtain the Services;

  5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

  6. you will not use the Services or Website for any illegal and/or unauthorised use;

  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. We may take appropriate legal action for any illegal or unauthorised use of the Website; and

  8. you are not permitted to use the Website or obtain any Services via a computer script or any automated means.

6.2 Any non-compliance with your obligations as stipulated in clause 6.1 may result in immediate cancellation of the Services and/or immediate suspension or termination of your Account.

7. Payment

7.1 Where the option is given to you, you may make payment of the Subscription Fee by way of:

  1. credit card;

  2. direct debit; or

  3. PayPal.

7.2 All payments made for your use of the Services are made using Stripe. We do not store any of your payment information.

7.3 In accessing or using the Website, the Services, registering as a Member and/or when making any payment in relation to your membership subscription, you warrant that you have read, understood, and agree to be bound by these Terms and the terms and conditions of any third-party payment services provider set out at 7.1 and 7.2.

7.4 You acknowledge and agree that the minimum period for which you must pay for the Subscription is 12 months (the Minimum Term). If you terminate these Terms during the Minimum Term:

  1. you are not entitled to receive any refund for the balance of the Minimum Term if you have paid the Subscription Fee for the entire Minimum Term in advance; and

  2. we are entitled to charge you, and you must pay, the Subscription Fee for the balance of the Minimum Term if you have chosen to pay the Subscription Fee on a monthly basis.

7.5 You acknowledge that our entitlements and your obligations under clause 7.4 above are based on our reasonable pre-estimate of loss in the event of your early termination of these Terms.

7.6 Your Subscription will be automatically renewed at the end of each Minimum Term, unless you cancel your subscription through your Account settings. You hereby grant us the authority to automatically process the payment of the Subscription Fee (whether on a monthly or annual basis, depending on the option you have selected for your Account) at the end of each Minimum Term of your Subscription. However, you acknowledge that cancellation will take effect at the end of the current billing period and you will continue to have access to the Website and the Services until that time.

7.7 By maintaining an active subscription to the membership, you authorise recurring charges to your nominated payment method for each renewal period.

7.8 Unless otherwise required by ACL or other applicable laws, we do not provide pro-rata refunds for unused portions of a billing period.

7.9 We reserve the right to decline, suspend or terminate any membership with us where payment cannot be processed or where you are in breach of these Terms. You are responsible for ensuring that your payment details remain accurate and up-to-date to avoid interruption to your membership.

7.10 You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with any chargeback or denial of the Subscription Fee.

7.11 You agree and acknowledge that we can vary the Subscription Fee at any time. The new Subscription Fee will come into effect the next time a Subscription Fee payment is due.

8. Refund Policy

8.1 We will only provide you with a refund of the Subscription Fee if:

  1. it is required by applicable laws;

  2. we are unable to continue to provide the Services; or

  3. we make a decision, at our absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the Refund).

9. Surveys

9.1 Surveys and questionnaires (Surveys) made available on the Website are provided solely for data collection, research, analytical and/or market insights purposes. We do not represent or warrant that the Surveys will be suitable for any other purpose.

9.2 The availability, frequency, volume and type of Surveys offered through the Website may vary and are dependent on third-party requirements, user demographics, research needs and system factors. We do not guarantee that:

  1. you will receive any minimum number of Surveys;

  2. Surveys will be available at any specific time; or

  3. participation will result in earning Points, rewards and/or qualification for any Prize Draw.

9.3 All responses you provide must be truthful, accurate and completed to the best of your knowledge. You must not:

  1. provide false, misleading, incomplete or fabricated responses;

  2. submit duplicate or automated responses;

  3. attempt to manipulate results of the Surveys, allocation of the Prize or eligibility for Prize Draw; or

  4. engage in any conduct that interferes with the integrity or validity of the data of the Surveys.

9.4 We may review, verify, audit or assess your responses to the Survey at any time to ensure compliance with these Terms. We may, at our sole discretion:

  1. reject responses deemed invalid, incomplete, inconsistent or fraudulent;

  2. withhold or remove Points associated with such responses;

  3. suspend or terminate your Account; and/or

  4. exclude you from participation in Surveys, promotions or Prize Draws.

9.5 Surveys may be created or supplied by us, third-party partners, clients and/or promoters. We shall not be responsible for:

  1. the content, questions, accuracy, relevance or purpose of third-party Surveys;

  2. any representations or outcomes associated with them; or

  3. any loss or damage arising from your participation in a Survey.

9.6 We may modify, withdraw or disable access to any Survey at any time for operational, legal or business reasons, without liability to you.

10. Points

10.1 Points are promotional in nature only. Points do not constitute money, property, a financial product, legal tender or any form of currency and have no monetary value (whether express or implied).

10.2 Points cannot be purchased and do not require any payment or consideration to obtain. Points cannot be sold, traded, assigned, transferred, gifted, redeemed for cash or otherwise exchanged for value. Any unauthorised dealing in Points is strictly prohibited and may result in cancellation of Points and suspension or termination of your Account and/or membership with us.

10.3 Points may be earned through methods made available on the Website from time to time. Earning methods may include, without limitation:

  1. completing Surveys;

  2. participating in promotional, marketing or community activities;

  3. engaging with specific features of the Website or Services; and/or

  4. any other earning methods we introduce from time to time.

10.4 We will not require you to buy any goods or purchase any Services on the Website to earn Points, unless clearly stated as an optional method alongside non-purchase earning methods.

10.5 Points may only be used in the manner expressly described on the Website, including (where applicable) redemption for entry into Prize Draws. Redemption of Points for entry into a Prize Draw is subject to the terms and conditions of that Prize Draw, which may include eligibility requirements and free alternative method(s) of entry, where required by applicable Australian trade promotion laws.

10.6 Points do not guarantee any outcome, benefit, reward or prize. Redeeming Points does not increase the probability of winning beyond the entry mechanism set out in the relevant Prize Draw terms and conditions.

10.7 We may deduct, adjust, expire or forfeit Points at any time (acting reasonably) if:

  1. your Account is inactive for a period specified on the Website (if any);

  2. responses of the Survey or other qualifying activities are found to be invalid, incomplete, fraudulent, automated or in breach of these Terms;

  3. required to comply with any applicable laws, regulation or direction from any Australian government authority;

  4. we reasonably suspect any misuse, manipulation or abuse of the Points system or any Prize Draw; or

  5. your Account is suspended or terminated.

10.8 We may modify, suspend or discontinue the Points system (including earning rates, qualifying activities, expiry rules, accrual limits and redemption conditions) from time to time. We will provide reasonable prior notice of any material change that adversely affects existing Points or your ability to redeem them, unless a change is required immediately for security, legal or regulatory reasons. If you do not agree to a material change, you must stop using the Website, cease being a Member and close your Account.

10.9 Points have no residual entitlement. Unused or expired Points will not be reinstated, refunded or compensated unless required by ACL or any applicable laws.

11. Prize Draw

11.1 From time to time, we may organise competitions by way of Prize Draw. Once you have accumulated the required number of Points, you may redeem Points (500 points per entry into each and every prize draw) to enter a Prize Draw, subject to eligibility requirements and applicable Prize Draw terms and conditions.

11.2 Prize Draw terms and conditions will be made available to you prior to entry and may include any free alternative method of entry as required by Australian trade promotion laws (if any). For the avoidance of doubt, no purchase is necessary to enter a Prize Draw.

11.3 Each Prize Draw will be governed by its own separate set of terms and conditions, which will set out material details of the promotion, including without limitation:

  1. eligibility requirements (including age, residency or exclusion criteria);

  2. entry method(s), including Points redemption requirements and any free alternative method of entry;

  3. prize descriptions, individual and total prize value;

  4. draw, judging and/or selection procedures, including time, date and location (where relevant);

  5. winner notification, publication (if required by applicable law) and prize claim requirements; and

  6. any other conditions or disclosures required under Australian law (including permit numbers where applicable).

11.4 Prize Draws may be offered, modified, suspended or withdrawn at any time and from time to time, without notice, subject to compliance with applicable Australian laws and specific terms of each promotion.

11.5 Where a Prize Draw is conducted by a third-party promoter:

  1. that promoter is solely responsible for the conduct of that Prize Draw, including legality, administration, winner selection and prize fulfilment; and

  2. our role is limited to facilitating access to that Prize Draw through the Points system.

11.6 To the extent permitted by law, we are not responsible for the conduct of a third-party Prize Draw or any act or omission of the promoter. Nothing in these Terms limits or excludes any rights, remedies or guarantees you may have under the ACL or other non-excludable laws.

11.7 We do not guarantee that any Prize Draw will be available at any particular time. Redeeming Points does not guarantee entry eligibility (for example, where eligibility criteria are not met) or that you will win a prize.

12. Intellectual Property

12.1 All material on the Website is protected by copyright under the laws of Australia and applicable international treaties.

12.2 Unless expressly stated otherwise, we own or control all rights, title and interest (including intellectual property rights) in the Website and its content, including without limitation all text, graphics, logos, button icons, video, images, audio, software, code, scripts, design elements and interactive features (Website Content). Where any part of the Website Content is owned by a third party, we use that content under licence from the relevant rights holder.

12.3 All trademarks, service marks, and trade names displayed on the Website are owned, registered or licenced by us (or our licensors).

12.4 Subject to these Terms, we grant you a personal, worldwide, non-exclusive, royalty-free, revocable and non-transferable licence for so long as you remain a Member to:

  1. access and use the Website pursuant to these Terms for your personal and non-commercial use;

  2. electronically copy and store the Website Content incidentally in your device's cache memory; and

  3. print or download extracts of pages for your personal and non-commercial use, provided you do not remove any copyright or proprietary notices.

12.5 Except as set out in clause 12.4 (or where we expressly state otherwise), no rights or licences are granted to you in relation to the Website or Website Content. All rights not expressly granted are reserved.

12.6 We retain all rights, title and interest in and to the Website and Website Content. Nothing in these Terms, or in your use of the Website, transfers to you any of our intellectual property rights, including (but not limited to):

  1. business name, trading name, domain name, trade mark, patent, registered design, industrial design, copyright or other proprietary right;

  2. right to use or exploit any of those rights; or

  3. ownership in any system, software, process or algorithm used in connection with the Website.

12.7 Unless you have our prior written consent (and that of any relevant third-party rights holder), you must not:

  1. reproduce, modify, adapt, translate, reverse engineer, decompile or create derivative works from the Website and/or any Website Content;

  2. distribute, transmit, broadcast, publish, display, perform, communicate to the public, sell, licence or otherwise make available the Website and/or Website Content to any third party; or

  3. use the Website and/or the Website Content for any commercial purpose.

12.8 Notwithstanding anything to the contrary, clause 12.7 does not apply to:

  1. material that is expressly stated on the Website as being licensed for reuse (including public-domain or open-source material), to the extent permitted by the applicable licence; or

  2. your own content (if any) that you upload or submit to the Website, which is dealt with under the relevant user-content clauses of these Terms.

13. Privacy

13.1 We take your privacy seriously. Our collection, use, storage and disclosure of personal information through your access to and use of the Website and Services is governed by our Privacy Policy, which forms part of these Terms. The Privacy Policy is available on the Website and explains, among other things, how we handle personal information, including how you may access or correct it and how to make a privacy complaint. By using the Website or Services, you consent to our handling of personal information in accordance with that Privacy Policy.

14. Account Security and Confidentiality

14.1 You are solely responsible for maintaining the security and confidentiality of your Account credentials, including your username, password and any other information used to access the Website or Services. You must take all reasonable steps to protect your Account from unauthorised access, disclosure or misuse.

14.2 You must not share, transfer or otherwise permit any other person to use your login details or access your Account. You acknowledge that we are entitled to assume that any activity conducted using your login details is performed by you.

14.3 You must notify us immediately if you become aware of, or reasonably suspect, any:

  1. unauthorised access to your Account;

  2. unauthorised use of your login credentials;

  3. security breach affecting your Account and/or the Website; or

  4. loss, compromise or disclosure of your password or other account information.

14.4 Upon receiving notice under clause 14.3, we may take any action we consider appropriate or necessary to protect the integrity and security of the Website and Services, including (without limitation) suspending account access, resetting login credentials or requiring identity verification.

14.5 We take reasonable steps to maintain the security of the Website. However, you acknowledge that no online system is completely secure. To the maximum extent permitted by law, we are not responsible for any loss or damage arising from:

  1. unauthorised access to your Account resulting from your failure to maintain the confidentiality of your login details;

  2. your failure to comply with this clause; or

  3. security incidents beyond our reasonable control.

14.6 You agree to regularly update your password and to use strong, unique credentials that comply with industry-standard password security practices.

14.7 We may, from time to time, require you to verify your identity or provide additional information to maintain security, prevent fraud or comply with legal obligations. You must comply with such requests in order to continue accessing your Account, the Services and/or the Website.

15. Limitation of Liability

15.1 Our 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 lesser of:

  1. the resupply of the Services to you; or

  2. a refund of any Subscription Fee.

15.2 You expressly understand and agree that we, and our affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which 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.

16. Consumer Rights and Disclaimers

16.1 For the purposes of these Terms:

  1. Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth); and

  2. Consumer Guarantees has the meaning given in the ACL.

16.2 Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or condition implied or imposed by law (including ACL) that cannot lawfully be excluded, restricted or modified.

16.3 To the extent we are able to do so, our liability for a breach of non-excludable Consumer Guarantee is limited (at our option) to re-supplying the Services or paying the cost of having the Services re-supplied, except where the ACL does not permit that limitation.

16.4 Subject to clause 16.2 and to the maximum extent permitted by law:

  1. any term, guarantee, warranty, representation or condition not expressly set out in these Terms are excluded; and

  2. we are not liable for any loss that is indirect or consequential or for loss of profit, loss of revenue, loss of opportunity, loss of data or damage to goodwill, arising out of or in connection with the Website, the Services or these Terms, except to the extent that such loss is a reasonably foreseeable result of our breach of these Terms or a failure to comply with a Consumer Guarantee.

16.5 Your use of the Website and Services is at your own risk. The Website and Services are provided on an "as available" basis. While we take reasonable care in providing the Website and Services, we do not make any warranties or representations that access will be uninterrupted, timely, secure or error-free, or that the Website Content will be accurate, complete or current.

16.6 Without limiting clause 16.2, and to the maximum extent permitted by law, we are not responsible for (and you fully release us from) any loss or damage arising from:

  1. any interruption, delay, failure, error, omission or defect in the Website or Services, including where caused by a system outage, maintenance, telecommunications failure, malware or unlawful third-party conduct;

  2. the accuracy, suitability or currency of any information made available on the Website or through the Services, including third-party material, advertisements or linked content;

  3. any costs, losses or liabilities you incur through your use of, or reliance on, the Website or Services; or

  4. any third-party websites or services linked through the Website, which are provided for convenience only and are used at your own risk.

17. Termination of Contract

17.1 The Terms (including any applicable Subscription) continue until they end in accordance with this clause 17. Your Subscription automatically renews at the end of each billing period unless you cancel it before the renewal date.

17.2 You may terminate these Terms by cancelling your Subscription through your account settings (where available). If you cancel, your Subscription will not renew and will end automatically at the expiry of your then-current billing period.

17.3 Unless required by applicable law:

  1. cancellation takes effect at the end of the current billing period, and you will continue to have access to the Website and the Services until that time;

  2. you remain liable for all fees and charges incurred up to and including the end of that billing period (including any minimum term, if applicable);

  3. no pro-rata refunds are provided for any unused portion of a billing period, except where required by law or expressly stated in your Subscription plan; and

  4. cancelling a Subscription does not affect any accrued rights or obligations, including amounts outstanding.

17.4 We may immediately terminate these Terms and/or cancel or suspend your Subscription (without notice) if:

  1. you breach any provision of the Terms or any applicable law;

  2. we reasonably believe you are attempting or intending to breach any provision of the Terms;

  3. we are required to do so by law or a regulator; or

  4. we, acting reasonably, are of the view that your conduct adversely affects our name or reputation or infringes (or is likely to infringe) the rights of another person.

17.5 Subject to applicable laws, we may discontinue or cancel your membership or Subscription, or suspend or deny your access to all or any part of the Website or Services, without notice, where:

  1. an event in clause 17.4 occurs; or

  2. continuing to provide the Services is no longer commercially viable in our reasonable opinion.

17.6 On termination or expiry:

  1. your right to access and use the Services (including Subscription benefits) ends on the effective termination date;

  2. we may close or deactivate your Account; and

  3. clauses which by their nature should survive termination (including payment obligations, liability limitations, indemnities and dispute provisions) continue to apply.

18. Indemnity

18.1 You agree to indemnify us, and our affiliates, directors, employees, agents, contributors, third party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any:

  1. content produced or provided by you;

  2. defamatory material you publish on the Website or any other medium (such as but not limited to social media);

  3. direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and

  4. breach of the Terms.

19. Dispute Resolution

19.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

19.2 Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

19.3 Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

  1. within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

  2. if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Law Institute of Victoria, or his or her nominee;

  3. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and

  4. the mediation will be held in Melbourne in Victoria, Australia.

19.4 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

19.5 Termination of Mediation: If a period has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

20. Venue and Jurisdiction

20.1 The Services offered by us are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

21. Governing Law

21.1 The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

22. Waiver

22.1 No waiver of any right under these Terms is effective unless in writing by us. A waiver of one breach does not waive any other breach. Our failure or delay to enforce any right is not a waiver of that right.

23. Severance

23.1 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.