General Terms

YourKind

YOURKIND PTY LTD ABN 31 663 959 448

July 2024 Update

YOURKIND - TERMS OF SERVICE

JULY 2024 UPDATE

INTRODUCTION

The Company provides the “YourKind” online social platform to facilitate meaningful connections

between users, and the discovery, growth and prosperity of communities. Use of the platform is

subject to these Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular

meaning:

(a) ABN means Australia Business Number.

(b) Account means a registered account within the Platform.

administrative permissions over the Creator’s Community.

(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which

banks are open for general banking business in Sydney, Australia.

(e) Chat means the feature of the Platform that enables Users who are connected to

communicate via Messages.

(f) Community means a dedicated group within the Platform for Users to interact in

relation to a certain activity or interest. References to a ‘Brand’ or ‘Organisation’ across

the platform have the same meaning as a Community.

(g) Company means YourKind Pty Ltd ABN 31 663 959 448.

(h) Confidential Information means any written or verbal information that:

i Is information deemed as confidential under these Terms of Service;

ii A party informs the other party that it considers it confidential and/or

proprietary;

iii A party would reasonably consider to be confidential in the

circumstances; and

iv Is personal information within the meaning of the Privacy Act and GDPR.

but does not include information that a party can establish:

v Was in the public domain at the time it was given to that party;

vi Became part of the public domain, without that party’s involvement in any

way, after being given to the party;

vii Was in party's possession when it was given to the party, without having

been acquired (directly or indirectly) from the disclosing party; or

viii Was received from another person who had the unrestricted legal right

to disclose that information free from any confidentiality obligation.

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(i) Corporations Act means the Corporations Act 2001 (Cth).

(j) Enterprise Agreement means the separate written agreement entered between an

Enterprise Customer and the Company governing the Enterprise Customer’s licence

terms and conditions to the Platform.

(k) Enterprise Community means a Community with added features that is created and

managed by an Enterprise Customer.

(l) Enterprise Customer means a registered customer that enters into an Enterprise

Agreement.

(m) Enterprise Fees means the Fees payable by an Enterprise Customer, as agreed in the

Enterprise Agreement.

(n) Event means event ticketed through Platform created by a Seller or one of their Admins.

(o) Fee means a fee charged by the Company for use of the Platform and includes both

the Subscription Fee and Launch Fee.

(p) GDPR means the EU General Data Protection Regulation 2016/679.

(q) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act

1999 (Cth).

(r) Intellectual Property means all copyright, patents, inventions, trade secrets, knowhow, product formulations, designs, circuit layouts, databases, registered or

unregistered trademarks, brand names, business names, domain names and other

forms of intellectual property.

(s) Launch means the feature of the Platform to launch a particular Post, Profile or

comment of another User to send a specific request to connect with that User.

(t) Launch Fee means the Fee paid by a User to unlock a certain number of Launches.

(u) Marketplace means the “YourKind Marketplace” online platform for the direct selling of

digital products and services, developed by the Company and advertised on

https://www.yko.link.

(v) Marketplace Terms means the terms and conditions of using the Marketplace, as

updated from time-to-time, which can be found at https://www.yourkind.io/terms.

(w) Match means the feature of the Platform to connect Users and facilitate the Chat

function.

(x) Message means a written communication sent between Users via the Platform.

(y) Mobile Application Marketplace means an online marketplace for access to the

Platform and other applications for mobile devices, including (without limitation) the App

Store and Google Play.

(z) Payment Gateway means Stripe or such other payment system the Company may

adopt within the Platform from time-to-time.

(aa) Personal Information has the same meaning as in the Privacy Act.

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(bb) Platform means the “YourKind” digital platform developed by the Company and

accessible from Mobile Application marketplaces and YourKind’s Site, from time-totime.

(cc) Post means an individual post on the Platform by a User that includes text and/or

multimedia content.

(dd) Privacy Act means the Privacy Act 1988 (Cth).

(ee) Privacy Policy means the Company’s privacy policy as updated from time-to-time,

which can be found at the Site.

(ff) Profile means a User’s personal profile linked to their Account, as updated from timeto-time.

(gg) Profile Link means a User’s unique link or code to share their Account.

(hh) Promotion means any promotional discount or benefit made available to Users by the

Company from time-to-time.

(ii) Site means yourkind.io, yourkindofapp.com, yko.events, yko.link, and any other URL

where the Company advertises the Platform from time-to-time.

(jj) Subscription means an active subscription for the Platform pursuant to payment of the

Subscription Fee.

(kk) Subscription Fee means a Fee charged by the Company for use of the Platform on a

periodical basis, as notified to the User from time-to-time.

(ll) Stripe means the cloud payments platform accessible at https://www.stripe.com/.

(mm) Tax Invoice has the meaning given by the A New Tax System (Goods and Services

Tax) Act 1999 (Cth).

(nn) Terms of Service means these terms and conditions of using the Platform, as updated

from time-to-time, which can be found at the Site.

(oo) Tickets means a ticket to an Event.

(pp) Ticket Seller means the Creator of a Community where Events are created to sell

Tickets.

(qq) User means any registered user of the Platform.

(rr) User Content means all information, data, documents, hyperlinks, and other such

materials entered or uploaded into the Platform by a User but does not include derivative

data or analytics.

1 USING THE PLATFORM

1.1 General

(a) To use the Platform, the User must accept these Terms of Service.

(b) The licence granted under these Terms of Service shall be ongoing until

terminated in accordance with the terms of these Terms of Service.

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and must immediately cease to use the Platform if the User can no longer agree

or adhere to these Terms of Service.

(d) The Company may suspend an Account or restrict the access of any User that

breaches these Terms of Service.

(e) Persons under 13 years of age must not use the Platform under any

circumstances. By accepting these Terms of Service, the User represents to the

Company that they are 13 years of age and above

1.2 Disclaimer

(a) The Platform provides an online social platform to facilitate Users connecting with

each other and especially Users with similar lifestyles and interests.

(b) The Company makes no representation or guarantee that the User will

successfully connect with other Users, nor that the User will be satisfied with any

Users they do connect with.

including any interaction between Users the result of using the Platform (whether

this interaction occurs within or outside the Platform), especially the content of

any Messages.

(d) The Company does not run background checks on Users, nor does it seek to

verify that the information presented in a Profile is in fact true and accurate. The

Company makes no representation that the statements and information provided

by Users are true and accurate.

1.3 Marketplace

(a) The User may also use the Marketplace in addition to the Platform.

(b) The User acknowledges that they must take additional steps to successfully get

set up to promote and sell digital products and services via the Marketplace.

governed by the Marketplace Terms which they must agree to as a condition to

using the Marketplace.

1.4 Events & Tickets

(a) The User may create Events subject to the Ticket Sale Terms of Service.

(b) Each User agrees that:

i The Company is merely the agent for each User who sells and/or buys

Tickets;

ii All concerns, issues, disputes and refunds are the responsibility of the

Ticket Seller;

iii All booking fees paid by Users when purchasing Tickets are nonrefundable by the Company unless otherwise agreed in writing by the

Company; and

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iv The Company is not responsible or liable for any Tickets of Events or the

conduct of any person (including any Users) in respect to any Events.

1.5 Account & Profile

(a) To access the Platform, the User must have set up an Account.

(b) To create an Account, the User must verify their mobile number or email, by

entering the verification code sent to their mobile device or inbox.

the User will be asked to enter their initial location, purpose, interest , and

communities, and/or join select Communities.

(d) The User may also create a new Community, which they may set as private with

invite only or public for any User to join.

(e) The User accepts that if they are a member of a Community, then their full name,

as well as their purpose, interests, and communities, will be visible to the owner

of the Community. The User expressly consents to their Personal Information

being shared in this manner.

(f) The User should complete their Profile accurately and truthfully, and not on the

behalf or upon the instruction of any third party.

(g) The User acknowledges that the effectiveness of some features of the Platform

is directly linked to the information provided in the Profile due to algorithms and

artificial intelligence adopted by the Company, especially the Match feature.

(h) The User may update their Profile and/or Account settings at any time via their

Account, which may include (without limitation):

i Filtering search results and feed content;

ii Joining or leaving from select Communities;

iii Hiding their Profile completely, or specifically their location; and/or

iv Updating their in-app push notification preferences.

(i) The User acknowledges that changes to a User’s Profile or Account may have

an immediate impact to the operation of the Platform, and especially the content

shown on their personal feed.

(j) Once created, the User may share their Profile Link with other Users and nonUser third parties at their discretion.

(k) The Company may permit or deny the User an Account in its absolute discretion

(although the User may generally obtain an Account by completing registration

and accepting these Terms of Service).

1.6 Enterprise Customer Accounts

(a) An Enterprise Customer will be required to set up its own Account and appoint

an administrator to manage the Account.

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(b) An Enterprise Customer may create an Enterprise Community under its Account

and invite select Users to join the Enterprise Community.

are invited to join the Platform via an Enterprise Customer, however no

Subscription Fees will be payable by Users in respect of their access to an

Enterprise Community.

(d) Despite clause 1.6(c) above, Users may pay Subscription Fees to enjoy certain

benefits of the Platform that are only available with a Subscription, separate and

distinct to their access to an Enterprise Community.

(e) For clarity, all Fees that apply to an Enterprise Community shall be payable

exclusively by the relevant Enterprise Customer as part of the Enterprise Fees,

which shall be paid to the Company in accordance with the terms of the

Enterprise Agreement.

(f) An Enterprise Community will provide the Enterprise Customer with certain

added features and benefits that are not otherwise available with a standard

Community, as made available by the Company from time-to-time.

(g) Where a User is a member of an Enterprise Community, they acknowledge and

accept that:

i They may lose access to the Enterprise Community at any time as

determined by the relevant Enterprise Customer (outside of the control

of the Company);

ii They may receive push notifications directly from the relevant Enterprise

Customer (outside of the control of the Company); and

iii Their full name, as well as their purpose, interests, and communities, will

be visible to the relevant Enterprise Customer.

(h) Where an Enterprise Customer does not pay the required Enterprise Fees to

maintain an Enterprise Community, then, unless it is removed completely as per

clause 1.6(i), the Enterprise Community shall automatically revert to a standard

Community and immediately lose those added features only available for an

Enterprise Community as per clause 1.6(f)

(i) An Enterprise Customer may decide to delete an Enterprise Community under

its control at any time by written notice to the Company, which once deleted shall

have the effect of removing all User access to the Enterprise Community.

(j) The legal relationship with each Enterprise Customer shall be governed under

their respective Enterprise Agreement separate to these Terms of Service.

1.7 Features

The Company shall provide the User with access to, and use of the features as provided

within the Platform from time-to-time.

1.8 Posts & Launches

(a) The User may make a Post within the Platform, which may be limited to a certain

Community and for a particular purpose or interest, at the User’s discretion.

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(b) The User may add multimedia content to a Post, subject to allowing necessary

permissions on their mobile device where required.

(d) Other Users may interact with the User’s Posts including the ability to Launch the

Post (subject to any Account limitations, as per clause 3.2).

(e) The User accepts that the Company does not represent or guarantee that a

Launch request will be accepted by the recipient User, who has absolute

discretion on whether to connect with other Users.

(f) The Company does not assess, review, or approve Posts before publication and

the User is encouraged to report inappropriate and offensive Posts pursuant to

clause 1.10.

1.9 Matching & Messaging

(a) If the User wishes to Chat with a specific User, then they must Match the relevant

Profile.

(b) Only where Users independently and mutually Match each other's Profiles will

Chat become available.

appropriate, and in no way offensive, abusive, discriminatory, defamatory, rude,

indecent, objectionable, or unwanted.

(d) The type and amount of information shared by the User with other Users via

Chat, especially any sensitive and/or personal information, is within the complete

control and at the own risk of the User.

(e) Chat history will be stored and accessible within the User's Account indefinitely

or until the User or Company chooses to remove them.

(f) A User may block another User from sending them Messages, and/or report

another User in accordance with clause 1.10.

1.10 Lodging a Complaint

(a) The User may lodge a complaint to the Company with respect to another User’s

conduct within the Platform, whether from Posts or Messages, or fake Profiles.

(b) Where a complaint is lodged, the Company may, where it deems appropriate,

notify the User the subject of the complaint and provide them with an opportunity

to explain their case, however the Company is under no obligation to identify a

complainant.

Account of any User that the Company determines is in breach of these Terms

of Service without notice or prior opportunity to explain their case.

(d) The Company’s decision to suspend or delete an Account is at its absolute

discretion. The Company’s decision shall be final and not subject to review.

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2 USER CONDUCT

2.1 The User agrees that it shall only use the Platform for legal purposes and shall not use it

to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that

is deemed unreasonable by the Company in its discretion.

2.2 In particular, the User agrees not to:

(a) Use the Platform to prey on, harass, stalk, threaten, abuse or otherwise unduly

interfere with Users;

(b) Misrepresent their identity, gender, age or name when creating a Profile;

(d) Use the Platform for illegal purposes or criminal activity, or to encourage any

illegal activity;

(e) Create, enter or upload User Content that is pornographic, violent, offensive,

rude, false or otherwise immoral; and

(f) Allow any third party to access the Platform who has not agreed to these Terms

of Service.

3 FEES, PAYMENTS AND REFUNDS

3.1 Subscription Fee

(a) The primary Fee shall be the Subscription Fee, which is payable in advance for

the subscription period elected by the User.

(b) The User agrees to make payment in advance for the Subscription Fee due at

such frequency, or on such dates, as the User has subscribed for.

the Mobile Application Marketplace.

(d) Subscription Fees will automatically renew on an ongoing basis and be charged

to the User at the end of the User’s current subscription period for an additional

period equal in length on the same terms, unless and until cancelled by the User

via the relevant Mobile Application Marketplace.

(e) Where a Subscription is validly cancelled by the User, those specific features and

benefits associated with the Subscription shall cease at the end of the current

billing cycle.

(f) Where applicable, Promotions may affect the applicable Subscription Fee to be

paid by the User which may include free periods.

3.2 Launch Fee

(a) As an alternative to a Subscription, the User may choose to pay the Launch Fee

to purchase and unlock a fixed number of Launches.

(b) The User will have the discretion on how and when they choose to use available

Launches linked to their Account.

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date.

(d) Where the User has exhausted their available number of Launches, they must

pay the Launch Fee again to unlock additional Launches.

(e) Where the User does not hold a Subscription, the features available from within

their Account will be substantially limited as notified by the Company.

(f) For clarity, an active Subscription provides the User with an unlimited number of

Launches (unless otherwise notified by the Company as per the terms of the

Subscription).

3.3 Booking Fee

(a) The Company shall charge each buyer of Tickets a Booking Fee which shall be

additional to the price of any Tickets.

3.4 Variations

(a) The Company reserves the right to introduce or change any Fees from time-totime by giving the User written notice. Any new or changed Fees will apply at the

next billing period after the User has been given such notice.

(b) If a User does not accept a change to any Fees, then they can simply terminate

their Account and stop using the Platform.

3.5 Payment

All Fees shall be paid via the payment gateway within the Platform and/or Mobile

Application Marketplace, or in such other manner as the Company may direct from timeto-time.

3.6 Currency

All Fees are payable in Australian dollars, however transactions may be processed in an

equivalent foreign currency (such as US dollars).

3.7 GST

For Users in Australia, GST is applicable to any Fees charged by the Company to the

User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The

Company will provide the User with a Tax Invoice for any payments.

3.8 Refunds

(a) No refunds of Fees are offered other than as required by law.

(b) A User who is banned, blocked or suspended from using the Platform by the

Company will not receive a refund for any payments made to the Company. It is

the responsibility of the banned User to cancel any ongoing Subscription via the

relevant Mobile Application Marketplace.

4 USER CONTENT

4.1 The User acknowledges and agrees that:

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(a) User Content is the sole responsibility of the User that uploaded the User Content

to the Platform;

(b) By uploading User Content to the Platform the User warrants to the Company

that it is true and accurate;

warrants to the Company that they have this third party’s consent to do so;

(d) By sharing hyperlinks, the User warrants that the linked content is safe and

legitimate and does not pose any security risks on the User who opens it (such

as harmful third-party websites or viruses) and indemnifies the Company for any

damage, loss or harm caused from those hyperlinks the User makes available

on the Platform;

(e) The User indemnifies the Company for any User Content that is fake, illegal,

pornographic, offensive, discriminatory, defamatory, rude, indecent or

objectionable that the User makes available using the Platform;

(f) Without limiting the Company’s rights, the Company may remove or suspend

accessibility to User Content via the Platform that the Company determines is

fake, illegal, pornographic, offensive, discriminatory, rude, indecent or

objectionable in its sole discretion;

(g) To the extent permitted by law, under no circumstances will the Company be

liable in any way for User Content and the User is responsible for the accuracy,

quality and legality of any data uploaded to the Platform;

(h) The Platform may enable the User to create User Content, but by doing so the

User shall not acquire an interest to any Intellectual Property owned by the

Company which may exist in the Platform; and

(i) The User warrants that it has all necessary Intellectual Property rights to use

User Content and shall indemnify the Company for any infringement the User

commits of third-party Intellectual Property rights by using User Content on the

Platform.

5 GENERAL CONDITIONS

5.1 Licence

(a) By accepting the terms and conditions of these Terms of Service, the User is

granted a limited, non-exclusive and revocable licence to access and use the

Platform for the duration of these Terms of Service, in accordance with these

(b) The Company may issue the licence to the User on the further terms or limitations

as it sees fit.

discretion for any reason that it sees fit, including for breach of these Terms of

Service by the User.

5.2 Modification of Terms

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(a) The Company may, in its sole discretion, modify or update these Terms of

Service from time-to-time.

(b) Where changes are made to these Terms of Service, the Company will insert a

'last modified' date at the top of these Terms of Service to indicate the effective

date of the updates.

(d) The Company may notify the User of a change to these Terms of Service, such

as material changes that affect the User's rights.

(e) When the Company changes these Terms of Service in a material manner, it will

update the 'last modified' date at the top of these Terms of Service and notify the

User that material changes have been made to these Terms

(f) The modified terms shall come into effect the next time the User accesses the

Platform following the update to the Terms of Service.

(g) If the User does not accept any changes to the terms of these Terms of Service,

the User may terminate these Terms of Service and must immediately cease

using the Platform.

5.3 Software-as-a-Service

(a) The User agrees and accepts that the Platform is:

i Hosted on servers managed by the Company, or by third-party service

providers and systems approved by the Company, and shall only be

accessed using the internet or other connection to the Company servers

and is not available ‘locally’ from the User’s systems; and

ii Managed and supported by the Company and other third-party service

providers engaged by the Company from time-to-time from the servers,

and that no ‘back-end’ access to the Platform is available to the User

unless expressly agreed in writing.

(b) As a hosted and managed service, the Company reserves the right to upgrade,

maintain, tune, backup, amend, add or remove features, redesign, improve or

otherwise alter the Platform.

5.4 Support

(a) The Company provides user support for the Platform via the email address

[email protected].

(b) The Company reserves the right to require the payment of reasonable fees for

non-standard support requests prior to the provision of such support.

5.5 Use & Availability

(a) The User agrees that it shall only use the Platform for legal purposes and shall

not use it to engage in any conduct that is unlawful, immoral, threatening, abusive

or in a way that is deemed unreasonable by the Company in its discretion.

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(b) The User is solely responsible for the security of their mobile device for obtaining

access to their Account. The User shall notify the Company as soon as they

become aware of any unauthorised access of their Account and the Company

cannot be held liable for such in any way.

best of its abilities, however:

i Access to the Platform may be prevented by issues outside of its control;

and

ii It accepts no responsibility for ongoing access to the Platform.

5.6 Privacy & Personal Information

(a) The Company maintains the Privacy Policy in compliance with the provisions of

the Privacy Act for Personal Information that it collects about the User.

(b) The Privacy Policy does not apply to how the User handles Personal Information.

If necessary under the Privacy Act, it is the User’s responsibility to meet the

obligations of the Privacy Act by implementing a privacy policy in accordance

with law.

User’s experience while browsing, while also sending browsing information back

to the Company. The User may manage how it handles cookies in its own

browser settings.

(d) The User acknowledges and accepts:

i The Company collects Personal Information of Users as part of creating

an Account and/or Profile;

ii The full name of a User, as entered in their Account, may be shown to

other Users once they have connected and Chat is enabled;

iii Under no circumstances will the Company be responsible to the User for

another User's use of Personal Information; and

iv All Personal Information input into the Platform by a User is provided with

that User's consent.

5.7 Analytics

The Company may use information and data collected via the Platform, which may

include User Content, for promotional, research, developmental, statistical and analytical

purposes, subject to and in accordance with the Privacy Policy.

5.8 Security

The Company takes the security of the Platform and the privacy of its Users very

seriously. The User agrees that the User shall not do anything to prejudice the security

or privacy of the Company’s systems or the information on them.

5.9 Intellectual Property

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(a) Trade marks. The Company has moral and registered rights in its trade marks

and the User shall not copy, alter, use or otherwise deal in the marks without the

prior written consent of the Company.

(b) Proprietary Information. The Company may use software and other proprietary

systems and Intellectual Property for which the Company has appropriate

authority to use, and the User agrees that such is protected by copyright,

trademarks, patents, proprietary rights and other laws, both domestically and

internationally. The User warrants that it shall not infringe on any third-party

rights through the use of the Platform.

Property of the Company and the User further warrants that by using the Platform

the User will not:

i Copy the Platform or the services that it provides for the User’s own

commercial purposes; and

ii Directly or indirectly copy, recreate, decompile, reverse engineer or

otherwise obtain, modify or use any source or object code, architecture,

algorithms contained in the Platform or any documentation associated

with it.

(d) Content. All content (excluding User Content) submitted to the Company,

whether via the Platform or directly by other means, becomes and remains the

Intellectual Property of the Company, including (without limitation) any source

code, analytics, insights, ideas, enhancements, feature requests, suggestions or

other information provided by the User or any other party with respect to the

Platform.

5.10 Third Party Dependencies

The User agrees and acknowledges that the Platform has third party dependencies which

may affect its availability, including (without limitation) internet service providers and

hosting services, and that the Company has no means of controlling the availability of

such dependencies and shall not be liable for any interruptions to such.

5.11 Confidentiality

(a) Each party acknowledges and agrees that:

i the Confidential Information is secret, confidential and valuable to the

disclosing party (Discloser);

ii it owes an obligation of confidence to the Discloser concerning the

Confidential Information;

iii it must not disclose the Confidential Information to a third party except

as permitted in these Terms of Service;

iv all Intellectual Property rights remain vested in the Discloser, but

disclosure of Confidential Information does not in any way transfer or

assign any rights or interests in the Intellectual Property to the receiving

party; and

v any breach or threatened breach by the receiving party of an obligation

under these Terms of Service may cause the Discloser immediate and

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irreparable harm for which damages alone may not be an adequate

remedy. Consequently, the Discloser has the right, in addition to other

remedies available at law or in equity, to seek injunctive relief against the

receiving party (and its agents, assigns, employees, officers and

directors, personally) or to compel specific performance of this clause.

(b) A party must notify the Discloser in writing, giving full details known to it

immediately, when it becomes aware of:

i any actual, suspected, likely or threatened breach by it of any obligations

it has in relation to the Confidential Information.

ii any actual, suspected, likely or threatened breach by any person of any

obligation in relation to the Confidential Information; or

iii any actual, suspected, likely or threatened theft, loss, damage, or

unauthorized access, use or disclosure of or to any Confidential

Information.

reasonably require and must co-operate with any investigation, litigation or other

action of the Discloser or of a related body corporate if there is:

i any actual, suspected, likely or threatened breach of a term of these

ii any theft, loss, damage or unauthorized access, use or disclosure of or

to any Confidential Information that is or was in its possession or control.

5.12 Liability & Indemnity

(a) The User agrees that it uses the Platform at its own risk.

(b) The Company makes no representation or guarantee that the User will gain a

particular benefit from using the Platform.

activities of any User and that the Company is not liable for such under any

circumstances.

(d) The User agrees to indemnify the Company for any loss, damage, cost or

expense that the Company may suffer or incur as a result of or in connection with

the User’s use of or conduct in connection with the Platform, including any breach

by the User of these Terms of Service.

(e) In no circumstances will the Company be liable for any direct, incidental,

consequential or indirect damages, damage to property, injury, illness, loss of

property, loss or corruption of data, loss of profits, goodwill, bargain or

opportunity, loss of anticipated savings or any other similar or analogous loss

resulting from the User’s access to, or use of, or inability to use the Platform,

whether based on warranty, contract, tort, negligence, in equity or any other legal

theory, and whether or not the Company knew or should have known of the

possibility of such damage, injury, illness or business interruption of any type,

whether in tort, contract or otherwise.

(f) Certain rights and remedies may be available under the Competition and

Consumer Act 2010 (Cth) or similar legislation of other States or Territories and

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may not be permitted to be excluded, restricted or modified. Apart from those

that cannot be excluded, the Company and the Company’s related entities

exclude all conditions and warranties that may be implied by law. To the extent

permitted by law, the Company’s liability for breach of any implied warranty or

condition that cannot be excluded is restricted, at the Company’s option to:

i The re-supply of services or payment of the cost of re-supply of services;

ii The replacement or repair of goods or payment of the cost of

replacement or repair.

5.13 Termination

(a) Either party may terminate these Terms of Service by giving the other party

written notice or simply by cancelling an Account, and access to the Platform

shall terminate immediately, or at the end of the User’s subscription period if at

the time of terminating these Terms of Service the User holds an active

Subscription.

(b) Termination of these Terms of Service is without prejudice to and does not affect

the accrued rights or remedies of any of the parties arising in any way out of

these Terms of Service up to the date of expiry or termination.

5.14 Dispute Resolution

(a) If any dispute arises between the parties in connection with these Terms of

Service (Dispute), then either party may notify the other of the Dispute with a

notice (Dispute Notice) which:

i Includes or is accompanied by full and detailed particulars of the Dispute;

and

ii Is delivered within 10 Business Days of the circumstances giving rise to

the Dispute first occurring.

(b) Within 10 Business Days after a Dispute Notice is given, a representative of each

party with the authority to resolve the dispute, must meet (virtually or otherwise)

and seek to resolve the Dispute.

Dispute unless it first complies with the requirements of the dispute resolution

mechanism outlined in this clause.

(d) Nothing in this clause prevents either party from instituting court proceedings to

seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

(e) Despite the existence of a Dispute, the parties must continue to perform their

respective obligations under this document and any related agreements.

5.15 Electronic Communication, Amendment & Assignment

(a) The Company will send the User notices and other correspondence to the details

that the User submits to the Company, or that the User notifies the Company of

from time-to-time. It is the User’s responsibility to update its contact details as

they change.

YOURKIND - TERMS OF SERVICE

JULY 2024 UPDATE

(b) A consent, notice or communication under these Terms of Service is effective if

it is sent as an electronic communication unless required to be physically

delivered under law.

(d) The User may not assign or otherwise create an interest in these Terms of

Service.

(e) The Company may assign or otherwise create an interest in its rights under these

5.16 General

(a) Special Conditions. The parties may agree to any Special Conditions to these

(b) Prevalence. To the extent these Terms of Service are in conflict with, or

inconsistent with any Special Conditions made under these Terms of Service,

the terms of those Special Conditions shall prevail.

representation, warranty or statement made by any other party, other than as set

out in these Terms of Service.

(d) Relationship. The relationship of the parties to these Terms of Service does not

form a joint venture, agency or partnership.

(e) Waiver. No clause of these Terms of Service will be deemed waived and no

breach excused unless such waiver or consent is provided in writing.

(f) Further Assurances. Each party must do anything necessary (including

executing agreements and documents) to give full effect to these Terms of

Service and the transaction facilitated by it.

(g) Governing Law. These Terms of Service are governed by the laws of New South

Wales, Australia. Each of the parties hereby submits to the non-exclusive

jurisdiction of courts with jurisdiction there.

(h) Severability. Any clause of these Terms of Service, which is invalid or

unenforceable, is ineffective to the extent of the invalidity or unenforceability

without affecting the remaining clauses of these Terms of Service.

(i) Interpretation. The following rules apply unless the context requires otherwise:

i Headings are only for convenience and do not affect interpretation.

ii The singular includes the plural and the opposite also applies.

iii If a word or phrase is defined, any other grammatical form of that word

or phrase has a corresponding meaning.

iv A reference to a clause refers to clauses in these Terms of Service.

v A reference to legislation is to that legislation as amended, re-enacted or

replaced, and includes any subordinate legislation issued under it.

YOURKIND - TERMS OF SERVICE

JULY 2024 UPDATE

vi Mentioning anything after includes, including, or similar expressions,

does not limit anything else that might be included.

vii A reference to a party to these Terms of Service or another agreement

or document includes that party’s successors and permitted substitutes

and assigns (and, where applicable, the party’s legal personal

representatives).

viii A reference to a person, corporation, trust, partnership, unincorporated

body or other entity includes any of them.

ix A reference to information is to information of any kind in any form or

medium, whether formal or informal, written or unwritten, for example,

computer software or programs, concepts, data, drawings, ideas,

knowledge, procedures, source codes or object codes, technology or

trade secrets.

END TERMS OF SERVICE