WEBSITE TERMS OF SERVICE

About the Website
1. Welcome to stamperific.com (Website). The Website is a digital loyalty and reward tracking platform (Services).
2. The Website is operated by Rocket326. Access to and use of the Website, or any of its associated Products or Services, is provided by Rocket326. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree to the Terms, you must cease usage of the Website, or any of the Services, immediately.
3. Rocket326 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Rocket326 updates the Terms, it will use reasonable endeavours to provide you with notice of updates to 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.
4. You agree that Rocket326 may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, database, or content. Rocket326 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
5. The Services provided through the Website constitute a technological platform only. Rocket326 acts solely as a technology provider, facilitating the digital management and tracking of rewards programs. Rocket326 does not issue, guarantee, or hold liability for any rewards, points, or benefits offered through programs managed via the platform.
6. All rewards, points, and benefits are created, managed, and fulfilled exclusively by the participating businesses on the platform. Users acknowledge that any claims, disputes, or issues related to rewards must be addressed directly to the relevant participating business. Rocket326 will not be responsible for mediating or resolving such matters.
Your obligations as a Member
1. As a Member, you agree to comply with the following: you will use the Services only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Rocket326 of any unauthorised use of your email address or any breach of security of which you have become aware.
3. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Rocket326 providing the Services.
4. You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Rocket326.
5. You will not use the Services or Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means, or for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
6. You acknowledge and agree that any automated use of the Website or its Services is prohibited.
7. If you are a Business Member, you must ensure that all email accounts used to access or administer the Services are properly secured, including through the use of two-factor authentication wherever possible. You are solely responsible for maintaining the security of such accounts, and acknowledge that any fraudulent activity or unauthorised use arising from a compromised email account will be your responsibility. You must immediately notify Rocket326 of any security incidents that may affect the integrity of the Services or customer data.
Payment
1. All payments made in the course of your use of the Services are processed through third-party payment providers. By using the Website, the Services, or making any payment in connection with your use of the Services, you warrant that you have read, understood, and agree to be bound by the terms and conditions of the applicable payment provider, as made available on their Website.
2. You acknowledge and agree that if any payment request is returned, denied, or otherwise remains unpaid by your financial institution for any reason, you remain fully liable for the outstanding amount. You are further responsible for all costs, including but not limited to banking fees, incurred as a result of such returned, denied, or unpaid payment.
3. You agree and acknowledge that Rocket326 can vary the price at any time.
Refund
1. Rocket326 will only provide Business members who pay for the reward tracking with a refund in the event they are unable to continue to provide the Services, or if the manager of Rocket326 makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances
2. Any benefits set out in these Terms and Conditions apply in addition to the consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
1. The Website, the Services and all of the related products of Rocket326 are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Rocket326 or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Rocket326, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
  1. Use the Website pursuant to the Terms.
  2. Copy and store the Website and the material contained in the Website in your device's cache memory.
3. Rocket326 retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
4. You may not, without the prior written permission of Rocket326 and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
5. You agree to indemnify and hold harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
6. The digital loyalty and reward tracking system of Rocket326, including but not limited to the mechanisms for creating, issuing, tracking, and redeeming digital stamps, the user interface design, algorithms, methodologies, and business-specific customisation features of the platform (collectively, the "Stamperific System"), constitute proprietary intellectual property of Rocket326. While Members may utilise the Stamperific System for their business operations, no rights or licenses to the underlying technology, processes, or design elements are granted or transferred through such use.
Privacy
1. Rocket326 takes your privacy seriously, and any information provided through your use of the Website and/or Services are subject to Rocket326's Privacy Policy.
2. By participating in the rewards program, you expressly consent to the collection, use, and sharing of your email address for:
  1. Program administration
  2. Personalised offers
  3. Relevant partner promotions
3. You may modify or withdraw your consent at any time by:
  1. Clicking the unsubscribe link in any marketing email
  2. Submitting a written request to hello@rocket326.com
General Disclaimer
1. 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 by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. Rocket326 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.
  3. You acknowledge and accept that access to and use of the Services may be affected by technical issues, including but not limited to hosting provider outages, internet connectivity disruptions, system maintenance, and security vulnerabilities, and Rocket326 shall not be liable for any loss, damage, or inconvenience arising from the User's inability to access or use the Services due to such technical disruptions, whether foreseeable or not.
3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is 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 Rocket326 make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Rocket326) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website)
  3. costs incurred as a result of you using the Website, the Services or any of the products of Rocket326; and
  4. the Services or operation in respect to links which are provided for your convenience.
  5. failures, interruptions, or malfunctions in the digital reward system, including but not limited to hosting service outages, reward issuance delays, redemption processing errors, or security incidents resulting from compromised user credentials, email accounts, or devices, regardless of whether such issues occur at the hosting provider level, business system level, or end-user device level;
4. You acknowledge that the availability of the Stamperific platform depends on third-party infrastructure and internet connectivity, which may occasionally fail. Rocket326 is not liable for delays, interruptions, or failures in the issuance or redemption of rewards due to hosting outages, internet loss, or user device issues.
5. You are solely responsible for securing access to your email and device. Rocket326 is not liable for any unauthorised access, reward issuance, or redemption resulting from compromised email accounts or devices.
6. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
7. Rocket326'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.
8. You expressly understand and agree that Rocket326, its 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.
Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Rocket326. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Rocket326 will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Termination of Contract
1. The Terms will continue to apply until terminated by either you or by Rocket326 as set out below.
2. If you want to terminate the Terms, you may do so by:
  1. providing Rocket326 with 14 days' notice of your intention to terminate (hello@rocket326.com); and
  2. closing your accounts for all of the services that you use, where Rocket326 has made this option available to you.
3. Rocket326 may at any time, terminate the Terms with you if
  1. you have breached any provision of the Terms or intend to breach any provision;
  2. Rocket326 is required to do so by law;
  3. the provision of the Services to you by Rocket326 is, in the opinion of Rocket326, no longer commercially viable.
4. Subject to local applicable laws, Rocket326 reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts Rocket326's name or reputation or violates the rights of those of another party.
Indemnity

You agree to indemnify Rocket326, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1. 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 your content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.
Dispute Resolution
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).
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.
3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
  1. Within 28 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 the Dispute is not resolved within 28 days of the Notice, the Parties must refer the Dispute to mediation.
  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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in Sydney, Australia.
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
5. Termination of Mediation: If 2 months have 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.
Venue and Jurisdiction

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 NSW, Australia.
Governing Law

The Terms are governed by the laws of NSW, 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 NSW, 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.
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.

About the Website

Welcome to stamperific.com (Website). The Website is a digital loyalty and reward tracking platform (Services).
The Website is operated by Rocket326. Access to and use of the Website, or any of its associated Products or Services, is provided by Rocket326. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree to the Terms, you must cease usage of the Website, or any of the Services, immediately.
Rocket326 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Rocket326 updates the Terms, it will use reasonable endeavours to provide you with notice of updates to 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.
You agree that Rocket326 may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, database, or content. Rocket326 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
The Services provided through the Website constitute a technological platform only. Rocket326 acts solely as a technology provider, facilitating the digital management and tracking of rewards programs. Rocket326 does not issue, guarantee, or hold liability for any rewards, points, or benefits offered through programs managed via the platform.
All rewards, points, and benefits are created, managed, and fulfilled exclusively by the participating businesses on the platform. Users acknowledge that any claims, disputes, or issues related to rewards must be addressed directly to the relevant participating business. Rocket326 will not be responsible for mediating or resolving such matters.

Your obligations as a Member

As a Member, you agree to comply with the following: you will use the Services only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Rocket326 of any unauthorised use of your email address or any breach of security of which you have become aware.
Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Rocket326 providing the Services.
You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Rocket326.
You will not use the Services or Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members by electronic or other means, or for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
You acknowledge and agree that any automated use of the Website or its Services is prohibited.
If you are a Business Member, you must ensure that all email accounts used to access or administer the Services are properly secured, including through the use of two-factor authentication wherever possible. You are solely responsible for maintaining the security of such accounts, and acknowledge that any fraudulent activity or unauthorised use arising from a compromised email account will be your responsibility. You must immediately notify Rocket326 of any security incidents that may affect the integrity of the Services or customer data.

Payment

All payments made in the course of your use of the Services are processed through third-party payment providers. By using the Website, the Services, or making any payment in connection with your use of the Services, you warrant that you have read, understood, and agree to be bound by the terms and conditions of the applicable payment provider, as made available on their Website.
You acknowledge and agree that if any payment request is returned, denied, or otherwise remains unpaid by your financial institution for any reason, you remain fully liable for the outstanding amount. You are further responsible for all costs, including but not limited to banking fees, incurred as a result of such returned, denied, or unpaid payment.
You agree and acknowledge that Rocket326 can vary the price at any time.

Refund

Rocket326 will only provide Business members who pay for the reward tracking with a refund in the event they are unable to continue to provide the Services, or if the manager of Rocket326 makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances
Any benefits set out in these Terms and Conditions apply in addition to the consumer's rights under the Australian Consumer Law.

The Website, the Services and all of the related products of Rocket326 are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Rocket326 or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Rocket326, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
1. Use the Website pursuant to the Terms.
2. Copy and store the Website and the material contained in the Website in your device's cache memory.
Rocket326 retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Rocket326 and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
You agree to indemnify and hold harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
The digital loyalty and reward tracking system of Rocket326, including but not limited to the mechanisms for creating, issuing, tracking, and redeeming digital stamps, the user interface design, algorithms, methodologies, and business-specific customisation features of the platform (collectively, the "Stamperific System"), constitute proprietary intellectual property of Rocket326. While Members may utilise the Stamperific System for their business operations, no rights or licenses to the underlying technology, processes, or design elements are granted or transferred through such use.

Privacy

Rocket326 takes your privacy seriously, and any information provided through your use of the Website and/or Services are subject to Rocket326's Privacy Policy.
By participating in the rewards program, you expressly consent to the collection, use, and sharing of your email address for:
1. Program administration
2. Personalised offers
3. Relevant partner promotions
You may modify or withdraw your consent at any time by:
1. Clicking the unsubscribe link in any marketing email
2. Submitting a written request to hello@rocket326.com

General Disclaimer

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 by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. Rocket326 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.
3. You acknowledge and accept that access to and use of the Services may be affected by technical issues, including but not limited to hosting provider outages, internet connectivity disruptions, system maintenance, and security vulnerabilities, and Rocket326 shall not be liable for any loss, damage, or inconvenience arising from the User's inability to access or use the Services due to such technical disruptions, whether foreseeable or not.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is 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 Rocket326 make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Rocket326) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website)
3. costs incurred as a result of you using the Website, the Services or any of the products of Rocket326; and
4. the Services or operation in respect to links which are provided for your convenience.
5. failures, interruptions, or malfunctions in the digital reward system, including but not limited to hosting service outages, reward issuance delays, redemption processing errors, or security incidents resulting from compromised user credentials, email accounts, or devices, regardless of whether such issues occur at the hosting provider level, business system level, or end-user device level;
You acknowledge that the availability of the Stamperific platform depends on third-party infrastructure and internet connectivity, which may occasionally fail. Rocket326 is not liable for delays, interruptions, or failures in the issuance or redemption of rewards due to hosting outages, internet loss, or user device issues.
You are solely responsible for securing access to your email and device. Rocket326 is not liable for any unauthorised access, reward issuance, or redemption resulting from compromised email accounts or devices.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
Rocket326'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.
You expressly understand and agree that Rocket326, its 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.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Rocket326. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Rocket326 will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Rocket326 as set out below.
If you want to terminate the Terms, you may do so by:
1. providing Rocket326 with 14 days' notice of your intention to terminate (hello@rocket326.com); and
2. closing your accounts for all of the services that you use, where Rocket326 has made this option available to you.
Rocket326 may at any time, terminate the Terms with you if
1. you have breached any provision of the Terms or intend to breach any provision;
2. Rocket326 is required to do so by law;
3. the provision of the Services to you by Rocket326 is, in the opinion of Rocket326, no longer commercially viable.
Subject to local applicable laws, Rocket326 reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts Rocket326's name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify Rocket326, its affiliates, 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 your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.

Dispute Resolution

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).
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.
Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
1. Within 28 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 the Dispute is not resolved within 28 days of the Notice, the Parties must refer the Dispute to mediation.
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 precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Sydney, Australia.
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
Termination of Mediation: If 2 months have 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.

Venue and Jurisdiction

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 NSW, Australia.

Governing Law

The Terms are governed by the laws of NSW, 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 NSW, 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.

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.