User Agreement

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY IN THE COUNTRY IN WHICH YOU RESIDE (YOUR JURISDICTION), PLEASE MAKE SURE THAT YOUR PARENT OR YOUR LEGAL GUARDIAN READS AND CONSENTS TO THE TERMS AND CONDITION OF THIS USER AGREEMENT ON YOUR BEHALF.

BY CONTINUING TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

PLEASE PRINT AND KEEP A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

Introduction

Welcome to Yowie World (the “Yowie World™” or the “Website”). Yowie World™ is owned and operated by Yowie Hong Kong Enterprises Limited . If you have any questions relating to this Website, they can be sent to the attention of our Customer Service Representative at the address on our “Contact Us” page. You may also contact us by email at support@yowieworld.com.

Yowie World™ is a free website for fans of Yowie®, both young and old. You can become a Yowie Ranger™ and customize your own ‘avatar’ as well as explore Yowie World™, meet the Yowie® and learn about wildlife and endangered species through age appropriate play.

So that you may fully enjoy our Website, we would like you to be aware of the rules that will govern your access to and use of the Website.

This User Agreement (the “User Agreement”) is a contract between you and us, and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity who accesses or uses this Website, provided that if you are under 18 years of age or the age of majority in the country in which you reside (your jurisdiction), whichever is older (the “Age of Majority”), it also includes the parent or legal guardian of a person under the Age of Majority. Unless otherwise stated, “Yowie”, “we” or “our” refers to Yowie Hong Kong Enterprises Limited , and our successors and assigns.

Amendments to this User Agreement

We may amend or supplement this User Agreement at any time. You need to check this User Agreement each time you access and use this Website so that you can understand the terms and conditions applicable to your access and use of this Website. When we make changes to this User Agreement, we will tell you of the changes by posting the revised version on this Website. If you keep accessing or using this Website after we do this, you are taken to agree to the revised version of the User Agreement. If you do not agree to the revised version of the User Agreement, you may not continue to access or use the Website.

We will not make any changes to this User Agreement in the future that will shorten the balance of your Registration Period (as defined later in this User Agreement) at the time of the change.

Privacy Policy

We have a general Privacy Policy which you can find here “Privacy Policy”. The most recent version of the Privacy Policy at the time that you access this Website is also part of this User Agreement and provides additional terms and conditions related to how we collect, use and disclose your personal information and other information about you. Please read it carefully.

We can also change our Privacy Policy from time to time. When we make changes to our Privacy Policy, we will notify you of the changes by posting the revised version on our Website. If you keep accessing or using this Website after we do this, you are taken to agree to the revised version of the revised Privacy Policy. If you do not agree to the revised Privacy Policy, you may not continue to access or use the Website.

Guidelines and Rules

Any other posted guidelines or rules applicable to any individual use of this Website will also form part of this User Agreement. We can also add, update, or change those guidelines and rules at any time, in the same way that we can change this User Agreement.

Links to Other Websites

While we may provide links to other websites owned and/or operated by us or by other parties, these other websites are not part of this Website, and each of these other websites has a different user agreement. In addition, to the extent those other linked websites are not owned or operated by us or by our related companies, these sites also have different policies with respect to the collection, use and disclosure of your personal information.

Please be sure to read the agreements and policies carefully when you visit our other websites or any third party websites to which we provide links. We are providing these links to you only as a convenience. If we include a link to another website, that does not mean that we, or any of our related companies endorses the other website or anything on it.

WE AND OUR RELATED COMPANIES DO NOT ASSUME ANY RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Unless we expressly say so, we are not sponsored by or affiliated with the linked website or their owners, and we do not control the information or the materials that can be accessed from those third party websites. Furthermore, the trademarks used in connection with those other websites are not our trademarks or those of our related companies.

Public Materials and Member Materials

Certain products, services, information and materials that we provide through this Website may be accessed and/or used by you without requiring you to register your details or login to this Website (“Public Materials”). Other products, services, information and materials that we provide through this Website, may require you to register your details or login in order to be accessed and/or used by you (collectively, “Member Materials”).

This User Agreement applies equally to the use and access of Public Materials and to Member Materials.

Communications

All communications and documents relating to the User Agreement will be expressed in the English language. You acknowledge and agree that all communications and documents between you and us with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from us shall be the legal equivalent of hard copy communications.

Ownership of Intellectual Property and Restrictions on Use of Our Materials

Unless marked otherwise, all products, services, content, information that is displayed, performed or otherwise accessible through this Website, including items available for sale, Public Materials, Member Materials, feature codes and access codes, and all digital images activated by such codes, Software (as defined later in this User Agreement), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements of these things, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Yowie Materials”) are our property or the property of the our related companies, our respective partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Yowie Group”). These Yowie Materials and are protected by Australian and other copyright, trademark and patent laws, and other enforceable rights and laws. To be clear, your access to and use of any Yowie Materials on any other website or networked computer environment is prohibited. This does not limit our rights under this User Agreement, or any Yowie Group member’s rights in relation to the Yowie Materials, in any way.

Under this User Agreement, we grant to you a limited license to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your own personal, non-commercial use, provided that this license only permits you to display the Yowie Materials in their entirety, including visual elements such as advertisements that appear with content or nearby. Any attempts to access the Yowie Materials in a manner that hides, obscures or blocks any of those other visual elements is a violation of the license he have granted you under this User Agreement. You are allowed to print and keep a copy of pages of this Website, but only for your own personal, non-commercial use. Except as stated above, you agree that you must not access, use, reproduce, duplicate, copy, or otherwise exploit any portion of this Website or Yowie Materials for any other purpose, and nothing contained in this User Agreement or in this Website is to be construed as giving you any other right. You also must not use the Yowie Materials in a manner that suggests any association with any of our products or services. You must not make any changes to any Yowie Materials except if and how we expressly permit it.

You also agree that you will not: (i) download or copy any Website pages, except as may occur through the normal caching function of your web browser, and except to print and keep a copy of Website pages for your own personal, non-commercial use; (ii) download or copy any information from the Website for the commercial benefit of you or anyone else; (iii) make any commercial use of this Website or the Yowie Materials (this includes reselling them, or giving others access to them for a reward or payment); (iv) publish any collection or compilation of product listings, descriptions, or prices that are contained in or that you can access from the Website; (v) create any derivative work of this Website or any of its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website or any of the information that is contained in or that can be accessed from this Website; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of the Yowie Group or any of their licensors; or (viii) use any meta tags or any other “hidden text” that utilise any of the trademarks, logos, trade names or content of the Yowie Group or any of their licensors.

If you download, access or use software from this Website, we grant you a limited, non-exclusive and non-transferable license to possess and use that software, including any files, codes, images, and audio clips that are incorporated in or generated by the software, and all data accompanying the software (collectively, the “Software”) for your personal, non-commercial home use, and for no other purpose. The ownership of the Software, and all rights relating to the Software are and will always be owned by the Yowie Group and their licensors. This includes all intellectual property rights. You are not permitted to redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. If you do any of these things, or if you attempt to do so, you may be subject to civil liability and criminal prosecution under applicable laws.

We have the right to (a) vary, modify, change or discontinue: (i) any feature or function offered on or from this Website; (ii) any part or all of this Website, including hours of availability; and (b) to restrict access to parts or all of this Website. We can do so at any time and from time to time, with or without notice to you. We may also make upgrades to this Website available on the same terms and conditions as this User Agreement and any upgrades will form part of this Website.

In order to obtain access to parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer.

User Content

Certain areas of this Website will allow you to post on this Website, or submit to us, or upload to this Website information, submissions and other materials. This includes creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature (collectively, the “User Content”).

Except for any personal information as described in our Privacy Policy, any User Content that you submit to us or otherwise post or upload on this Website shall be deemed to be, and shall remain, our property. You shall be deemed to have irrevocably assigned to us free of charge all of your worldwide right, title and interest in and to that User Content, and waived or agreed not to enforce any and all “moral” or author’s rights or rights to attribution in relation to them. Without limiting the previous sentences, we shall exclusively own any and all rights relating to the User Content of every kind and nature throughout the world (whether those rights are now known now or come into existence at a later time), and we will have the unrestricted right to use the User Content for any purpose whatsoever, whether that Is a commercial purpose or otherwise, without payment or compensation to the provider of the User Content. To the extent that this assignment is not effective, or any User Content is not assignable under any applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to us, a worldwide, royalty-free, perpetual, irrevocable and exclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology (whether the media or technology are now known or are later developed), without any compensation to you. We will not owe you any obligation of confidentiality in relation to the User Content, and we will not be liable to you for any use, non-use or disclosure of all or any part of the User Content. Without limiting any of the previous provisions, we may, but we are not obligated to, use and publish the User Content at this Website or elsewhere for any purposes. This includes contest announcements, new or enhanced products or services, marketing and public relations.

You are responsible for all User Content posted by you. WE HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant to us that you have all necessary rights in and to all User Content that you provide. We do not and we cannot review every submission by users and we are not responsible for, nor do we endorse the content of such submissions. However, we retain the right, but not the obligation, to review, edit or delete any User Content which we consider to be illegal, offensive, or otherwise inappropriate. All information that you submit which constitutes personal information shall be subject to our Privacy Policy.

Contests

From time to time you may have the opportunity to send us your submissions as part of a contest where your submissions are judged and the winner may be awarded a virtual prize. We will provide the rules for such contests on this Website at such times as they are made available. With respect to contests, the following minimum rules shall apply:

1. We will tell you the number and types of prizes to be won; all prizes are virtual and shall have no retail value;

2. Your chances of winning will depend on your skill; your chances of winning will also depend on the number of contest participants and their skill;

3. For some contests, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);

4. Unless we tell you otherwise, there will be no special allocation of prizes by country, state, territory, province or region;

5. Some games have skill level by age group, so you will need to check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;

6. We will clearly advise you of the start and stop times applicable to the contest selected;

7. There may be limits on the number of times you may play a game, so you will need to read the game instructions carefully; and

8. Prizes will be awarded without undue delay.

By entering any of our contest using a social network, you acknowledge that you have read and accepted the privacy policies governing your activities on such social networks and you accept the risk of having personal information about yourself or your child disclosed on such social networks.

User Code of Conduct

The Website is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. Users of this Website must not:

1. Use this Website in a way that will or might offend or interfere with the use by anyone else of this Website;

2. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libellous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyright, of any third party; (v) violate any law or regulation; (vi) advocate, encourage or condone illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; (viii) infringe any person’s other rights; or (ix) are treated as confidential under any contract or policy;

3. Attempt to circumvent any security systems used on or in relation to this Website;

4. Attempt to gain access to this Website in a fraudulent manner;

5. Attempt to use this Website in a fraudulent manner, including but not limited to, using cheat codes, exploits or similar measures to gain, or attempt to gain items, rights, tokens, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality;

6. Attempt to use this Website or anything that may be accessed on or from this Website for any purpose other than those intended by us;

7. Attempt to use this Website or anything that may be accessed on or from this Website for any unlawful purpose; or

8. Upload or submit to us or to the Website any data or information that contains viruses or any other computer code, corrupt files or programs that is designed or intended to interrupt, destroy or limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Disclaimers

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE YOWIE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, THE YOWIE MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH OUR CUSTOMER SERVICE DEPARTMENT OR ANY OF OUR REPRESENTATIVES THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY THOSE SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, WE DO NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE YOWIE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY YOWIE MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE YOWIE MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE SOLELY RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY PROHIBIT DISCLAIMERS OF IMPLIED WARRANTIES AND IN THOSE JURISDICTIONS THESE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT PROHIBITED.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR ANY MEMBERS OF THE YOWIE GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY OF THE YOWIE MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WITHOUT LIMITING THE PREVIOUS SENTENCE, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.

THE LAW APPLICABLE IN SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU ARE LOCATED IN THOSE JURISDICTIONS. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE YOWIE GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE YOWIE MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, THAT YOU HAVE PAID US IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) AUD$100.

Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE YOWIE GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE YOWIE GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ITEM FROM THE WEBSITE; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Jurisdictional Issues and Dispute Resolution

The offices of our parent company are located in Perth, Australia. You are responsible for compliance with local laws in the place from which you access this website, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be brought in any court of competent jurisdiction in the State of Western Australia. By agreeing to the terms of the User Agreement you irrevocably, generally and unconditionally submit to the non exclusive jurisdiction of the court specified in this provision. The language of any proceedings arising under this User Agreement shall be English. This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.

Dispute Resolution:

If you have any questions or concerns relating to this Website, they can be sent to the attention of our Customer Service Representative at the address on our “ Contact Us” page. You may also contact us by email at support@yowieworld.com. Should we be unable to resolve the issue, the following rules may apply to any dispute.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.

Mandatory Arbitration – YOU AND WE AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR WE MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR WE MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (”NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: C/O YOWIE GROUP LIMITED, ATTN: COMPANY SECRETARY, LEVEL 9, 190 ST GEORGES TERRACE, PERTH WA, 6000 AUSTRALIA. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS USER AGREEMENT WILL BE ADMINISTERED BY THE AUSTRALIAN CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THIS AGREEMENT. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE PERTH, WESTERN AUSTRALIA, AUSTRALIA.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, AN ARBITRATOR SELECTED BY THE AUSTRALIAN CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION. YOU AND WE FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.

Waiver of Jury Trial and Class Actions – BY ENTERING INTO THIS USER AGREEMENT, YOU AND WE ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WE BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

General Provisions

This User Agreement and our Privacy Policy contain the entire understanding between you and us in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and us with respect to your access and use of this Website. If any provision of this User Agreement is found to be illegal, void or unenforceable in any jurisdiction, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated in that jurisdiction to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this User Agreement.

Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and us other than that of independent contractors. This User Agreement may not be assigned by you.

Effective Date: 13-02-2014