1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and N.S. IT SERVICES PTY LTD (ABN 75 122 740 121 / ACN 122 740 121) ("TheDeskMonitor," "we," "us," or "our") governing your access to and use of the TheDeskMonitor platform, including all associated software, applications, and services (collectively, the "Service"). By registering for an account, installing DeskAgent on any device, clicking "I Agree" to these Terms at any point, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

TheDeskMonitor is a business-to-business service intended exclusively for commercial and professional use. These Terms do not permit personal, private, or consumer use. If you are accepting these Terms on behalf of an organisation, employer, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case references to "you" shall refer to that entity. If you do not have such authority, or if you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. When we make material changes, we will provide advance notice via email and in-app notification. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Platform" means the TheDeskMonitor web application accessible at thedeskmonitor.com, the TheDeskMonitor REST API, the DeskAgent desktop monitoring software for Windows, and any associated mobile applications or browser extensions.
• "Tenant" means an organisation, company, employer, or other legal entity that has registered for a TheDeskMonitor subscription and operates an isolated Tenant account within the Platform. Each Tenant has its own database, user roster, and configuration settings.
• "User" means any individual who accesses the Platform under a Tenant's account, including employees, Team Managers, Accountants, Administrators, and Owner Administrators as defined in the role hierarchy.
• "Agent" or "DeskAgent" means the TheDeskMonitor desktop application installed on an employee's work computer that collects and transmits monitoring data to the Platform on behalf of the Tenant.
• "Monitoring Data" means the data collected by DeskAgent and associated mobile applications, including but not limited to screenshots, application activity logs, keyboard and mouse activity scores, timesheet entries, GPS location data, and (when available in a future release) webcam identity verification results. Where Geofence Compliance or Mobile Smart Geofence Clocking features are enabled by the Tenant, Monitoring Data also includes GPS coordinates recorded at clock-in and clock-out events, geofence proximity check results (matched zone name, distance from zone boundary), and any GPS breadcrumb points collected during an active work session.
• "OwnerAdmin" means the primary administrative user of a Tenant account who holds the highest level of permissions within that Tenant, including responsibility for billing, compliance, and configuration.
• "Content" means any information, data, text, software, or other material submitted, uploaded, or otherwise transmitted to the Platform by a Tenant or User.

3. Account Registration

To access the TheDeskMonitor Platform, you must create an account by providing accurate, current, and complete information as prompted by the registration form. Each individual must register their own account; account sharing between multiple individuals is not permitted. You are responsible for maintaining the confidentiality and security of your account credentials. You must immediately notify us at [email protected] of any suspected or actual unauthorised use of your account.

We strongly recommend using a company email address when registering, particularly for OwnerAdmin accounts. We reserve the right to verify the accuracy of registration information and to suspend or terminate accounts that contain materially false or misleading information. Users must be at least 18 years of age to register for or use the Platform. TheDeskMonitor strongly recommends two-factor authentication for all accounts. 2FA is mandatory for Administrator and OwnerAdmin roles. Tenant administrators may configure 2FA requirements for other roles via the security settings.

A single user identity may be a member of multiple Tenants simultaneously. Each membership carries an independent role assignment and set of permissions. Users may switch between their associated Tenants through the Tenant selector in their account profile without losing access to other Tenants.

4. Subscription and Billing

TheDeskMonitor offers the following subscription plans: Starter Community (Free), Starter, Professional, Business, and Enterprise. Each plan provides different feature capabilities, AI query entitlements, and data retention policies, as described on our pricing page. Paid subscriptions are billed on a monthly or annual basis at the rates in effect at the time of subscription, and all payments are processed by Paddle as our Merchant of Record. Annual billing is available at a reduced per-seat rate.

Paid subscriptions renew automatically at the end of each billing period unless cancelled. By subscribing to a paid plan, you authorise TheDeskMonitor and Paddle to charge the payment method on file for each renewal period. For annual plans, we will send a renewal reminder at least 7 days before the renewal charge. If a payment fails, we will attempt to retry the charge and notify you via email. If payment cannot be collected after reasonable attempts, your account may be downgraded to the Community plan or suspended until payment is resolved.

The Starter Community plan is available without a credit card and subject to limited data retention. New customers may access a 14-day free trial of paid features without providing payment information; a credit card is required only when upgrading to a paid plan. You may cancel your subscription at any time through the billing settings in your account. Upon cancellation, your access to paid features continues until the end of the current billing period, after which your account is downgraded to the Community plan.

We offer a 14-day money-back guarantee on your first paid subscription payment. Requests for refunds under this guarantee must be submitted to our billing team within 14 calendar days of the initial charge. Subsequent renewal payments are non-refundable except in the case of billing errors. For annual subscriptions, no pro-rata refund is issued for unused months after the 14-day guarantee window closes. See our Refund Policy for full details.

Digital Content Early Access Waiver: TheDeskMonitor is a digital SaaS service that commences immediately upon subscription. By completing checkout and subscribing, B2B customers (subscribing in the course of their business) acknowledge that this Terms of Service constitutes a business-to-business agreement and that statutory consumer withdrawal rights (including under EU Directive 2011/83/EU and the UK Consumer Contracts Regulations 2013) do not apply. Where a natural person subscribes in a personal consumer capacity, they are required to provide an express early-access waiver acknowledgement at checkout confirming they request immediate access and understand the right of withdrawal is waived upon service commencement. Our 14-day commercial money-back guarantee applies regardless of waiver status.

5. Acceptable Use

Your use of the TheDeskMonitor Platform must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. In particular, the Platform must not be used for covert surveillance of individuals without their knowledge and consent. Tenants are responsible for ensuring that all monitoring activities conducted through the Platform comply with applicable employment, privacy, and workplace surveillance laws in the jurisdictions where their employees are located.

You must not use the Platform to monitor individuals who are under the age of 18, or to monitor any person who is not an employee, contractor, or other personnel directly engaged by your organisation and subject to an appropriate employment or service agreement. The Privacy Mode and Kill-Switch controls available to employees must not be circumvented, disabled, or interfered with. Any attempt to defeat these controls is a material breach of these Terms and grounds for immediate account termination.

TheDeskMonitor reserves the right to investigate suspected violations of the Acceptable Use Policy and these Terms, including by reviewing audit logs and usage patterns. If we determine that a violation has occurred, we may suspend or terminate the offending account and report the matter to relevant authorities where required by law.

6. Employer Obligations

Tenants who deploy DeskAgent or any other monitoring feature of the TheDeskMonitor Platform assume full responsibility for ensuring that such deployment is lawful in the applicable jurisdiction. TheDeskMonitor is a technology provider and data processor. Employer-tenants are the data controllers responsible for compliance with applicable privacy and workplace surveillance laws in their jurisdiction, including obtaining all required employee consents, providing required notices, and complying with the Privacy Act 1988 (Cth), Workplace Surveillance Act 2005 (NSW), and equivalent state and territory legislation. TheDeskMonitor processes data solely on the documented instructions of the employer-tenant.

Employer-tenants should note that the employee records exemption under s7B(3) of the Privacy Act 1988 (Cth) applies to acts by employers in relation to employee records directly related to the employment relationship. This exemption does not apply to sensitive information, contractors, or former employees.

• Employee Consent and Notice: Tenants must obtain all necessary employee consent and provide all legally required notices before deploying monitoring in any jurisdiction. The specific form, content, and timing of required notices vary by jurisdiction. Zone A jurisdictions (EU/EEA, UK, Australia (all states and territories), Canada) impose the strictest notice requirements, including mandatory 14-day written advance notice periods in some regions. Note: The Privacy Act 1988 (Cth) applies federally across all Australian states and territories.
• Compliance with Employment Law: Tenants must independently verify that their monitoring configuration complies with local employment law, collective bargaining agreements, works council agreements, and any other applicable instruments governing workplace monitoring in their jurisdiction.
• Feature Configuration: Tenants must ensure that features which may be restricted or prohibited in their jurisdiction are disabled. GPS location tracking must comply with applicable data minimisation and proportionality requirements.
• Surveillance Policy: Tenants must maintain a written Workplace Surveillance or Monitoring Policy that has been communicated to all affected employees. TheDeskMonitor provides a policy upload tool for this purpose; use of this tool is recommended but does not constitute legal advice.
• Indemnification: Tenants agree to indemnify, defend, and hold harmless TheDeskMonitor from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to the Tenant's violation of applicable employment, privacy, or workplace surveillance laws.

7. Employee Disclosure Requirements

Before deploying DeskAgent on any employee's device, or before enabling any monitoring feature that affects an employee's data, Tenants are required to fulfil the following disclosure obligations. These requirements represent the minimum standard; local law may impose additional obligations.

• Written Disclosure: Employees must receive a written disclosure that monitoring will take place. This disclosure must specify the categories of data that will be collected, including screenshots (and their capture interval), application and window title tracking, keyboard and mouse activity scores, and any optional features such as GPS location tracking that have been enabled (webcam identity verification, when available in a future release, will require an updated disclosure). Where Geofence Compliance or Mobile Smart Geofence Clocking are enabled, disclosures must specifically state: (a) that GPS coordinates will be recorded when the employee presses the Clock-In button or when Automatic Clock-In is active; (b) the name and approximate location of each designated office zone against which proximity is checked; and (c) the enforcement mode configured (Off, Warn-Only, or Block-Hard) and its consequence for clock-in attempts made outside approved zones.
• Data Access: Employees must be informed that they can view their own monitoring data through the employee dashboard within the TheDeskMonitor Platform. The employee dashboard provides access to the employee's own screenshots, activity logs, timesheet data, and productivity scores.
• Privacy Controls: Employees must be informed about the Privacy Mode (Kill-Switch) control available through DeskAgent, which allows them to pause all monitoring at any time. This control must remain available and functional at all times; Tenant administrators may set a maximum Privacy Mode duration (up to 2 hours per session) but may not disable the control entirely.
• Data Retention: Employees must be informed of the applicable data retention period for their Tenant's subscription plan and the procedures available to download their data if their employment ends.

TheDeskMonitor provides a standardised Employee Disclosure Notice template within the Platform that Tenants may adapt to meet their local legal requirements. Use of this template is recommended but does not constitute legal advice, and Tenants remain solely responsible for ensuring that their disclosures satisfy applicable law.

7A. Mobile Location Tracking and Geofence Clock-In

7A.1 Scope of Location Tracking. Where a Tenant has enabled location-based features including Geofence Compliance or Mobile Smart Geofence Clocking (available on Business and Enterprise plans), the TheDeskMonitor mobile application may collect GPS coordinates from an employee's device. Location data is collected exclusively for the purpose of verifying physical presence at an approved work location in connection with attendance recording. TheDeskMonitor does not use location data for purposes beyond service delivery to the Tenant.

7A.2 Tracking Begins on Employee Action. Location tracking is not passive. GPS coordinate collection begins only when the employee presses the Clock-In button in the TheDeskMonitor mobile application, or when the employee has expressly enabled Automatic Clock-In in their account settings. Between sessions — when the employee is not clocked in and has not enabled Automatic Clock-In — no GPS coordinates are collected by the application. This data-minimisation design complies with GDPR Article 5(1)(c).

7A.3 Automatic Clock-In. Where an employee enables the Automatic Clock-In feature in their account settings, the TheDeskMonitor mobile application will monitor the device's GPS position to detect when the employee enters a designated office zone and will automatically record a clock-in event. The employee may disable Automatic Clock-In at any time through their account settings. Enabling this feature constitutes the employee's acknowledgement that background location access is required.

7A.4 Employee Consent Acknowledgement. Before Geofence Compliance or Automatic Clock-In becomes active for an individual employee's account, the employee must confirm their consent acknowledgement through the Privacy Settings section of their TheDeskMonitor account. This acknowledgement records: (a) that the employee has been informed that GPS coordinates will be collected on clock-in events; (b) that the employee understands their right to disable Automatic Clock-In at any time; and (c) the date on which the acknowledgement was given, stored in accordance with GDPR Article 7(1). Tenants that have enabled the Require Consent Acknowledgement setting will not apply geofence validation to an employee's account until this acknowledgement is recorded.

7A.5 Data Retention. GPS coordinates collected at clock-in are retained as part of the employee's attendance record for the duration applicable to the Tenant's subscription plan and then permanently deleted in accordance with the data retention schedules described in our Privacy Policy. Location breadcrumb data collected during an active session (GPS Breadcrumbs feature) is retained separately and subject to the same plan-based retention schedule.

7A.6 Employee Controls. Employees may review their GPS location history as part of their attendance records through the employee dashboard. An employee who objects to location monitoring should notify their employer; the Tenant (employer) is the data controller responsible for handling such requests in accordance with applicable employment and privacy law. TheDeskMonitor, as data processor, will action verified erasure instructions from the Tenant-data-controller on request.

7A.7 Employer Responsibility. The Tenant is responsible for ensuring that activation of Geofence Compliance or Mobile Smart Geofence Clocking complies with all applicable laws in the employee's jurisdiction, including: obtaining any required prior written notice or consent under the Workplace Surveillance Act 2005 (NSW), equivalent state and territory legislation, GDPR (where applicable), and any applicable collective bargaining or enterprise agreement terms. TheDeskMonitor provides the consent acknowledgement mechanism described in 7A.4 as a technical tool; use of this tool does not constitute legal advice or a representation that all legal requirements have been met.

8. Data Processing

With respect to Monitoring Data relating to a Tenant's employees, TheDeskMonitor acts as a Data Processor and the Tenant acts as the Data Controller, as those terms are defined under GDPR and equivalent legislation. The Tenant determines the purposes and means of processing Monitoring Data (by configuring which features to enable and what monitoring settings to apply), while TheDeskMonitor processes that data solely on the Tenant's instructions and in accordance with these Terms and our Privacy Policy.

Business customers may enter into a separate Data Processing Agreement (DPA) with TheDeskMonitor that provides additional contractual protections for GDPR compliance purposes. To request a DPA, please contact [email protected]. The standard DPA template is also available at /legal/data-processing-agreement. Monitoring Data collected through the Platform remains the property of the Tenant and is not used by TheDeskMonitor for any purpose beyond service delivery. Notwithstanding the foregoing, by using the Service you grant TheDeskMonitor a non-exclusive licence to access, evaluate and process your data — including Monitoring Data — in any manner reasonably necessary to maintain, protect, develop and improve the Service, including through automated, statistical, machine-learning and AI-based methods. No separate opt-in is required, and this licence applies for the duration of your account.

9. Intellectual Property

The TheDeskMonitor Platform, including all software code, algorithms, user interface designs, trademarks, trade names, logos, documentation, and proprietary methodologies (such as the productivity scoring engine and app categorisation system), is owned exclusively by N.S. IT SERVICES PTY LTD (ABN 75 122 740 121 / ACN 122 740 121) and is protected by copyright, trademark, patent, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purposes described in these Terms. No other licence or right is granted by implication or otherwise.

You must not copy, modify, distribute, sell, reverse-engineer, decompile, or disassemble any part of the Platform or attempt to derive the source code of DeskAgent or any other Platform software. You must not create derivative works based on the Platform or remove or obscure any copyright, trademark, or other proprietary notices contained in the Platform. Monitoring Data and other Content submitted to the Platform by a Tenant remains the intellectual property of the Tenant. TheDeskMonitor claims no ownership rights over Monitoring Data and will use it only as permitted under §8 and applicable law.

Automated Access and Scraping: You must not use automated tools, bots, scrapers, spiders, crawlers, or any other automated means to access, index, collect, harvest, or reproduce any part of the TheDeskMonitor website, web application, or associated services without our prior written consent. This includes, but is not limited to: systematic downloading or caching of pages, extraction of content for the purpose of building or training competing products or services, and automated data collection of pricing, feature descriptions, user interface designs, page layouts, stylesheets, scripts, or any other proprietary content. Access by AI training crawlers is permitted only for the specific pages and paths authorised in our robots.txt file — any access beyond those permissions constitutes a breach of these Terms. We reserve the right to block, throttle, or deny access to any automated agent that violates these restrictions, and to pursue legal remedies for any resulting damages.

10. Limitation of Liability

THE TheDeskMonitor PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TheDeskMonitor DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TheDeskMonitor BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF TheDeskMonitor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TheDeskMonitor'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TheDeskMonitor IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Australian Consumer Law Savings Clause: Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law which cannot lawfully be excluded or limited. To the extent that the Australian Consumer Law applies, our liability for failure to comply with a consumer guarantee is limited (at our option) to: (a) in the case of goods, replacement, repair, or refund of the cost of replacement; or (b) in the case of services, re-supply or payment of the cost of re-supply.

11. Termination

Either party may terminate these Terms and your account at any time. Tenants may cancel their subscription and request account deletion through the account settings. TheDeskMonitor may suspend or terminate your account immediately and without prior notice if we reasonably believe you have materially breached these Terms, violated the Acceptable Use Policy, engaged in fraudulent activity, or if required to do so by law.

Upon termination of a paid account, TheDeskMonitor will retain all Tenant data for 30 days following the termination date, during which the Tenant may export their data through the data export tools available in the Platform. After the 30-day period, all Tenant data will be permanently and irrevocably deleted from our systems. We will provide the Tenant with a written confirmation of deletion upon request. For employees removed from a Tenant during the account's active period, the user-specific data retention rules described in our Privacy Policy apply independently.

Community plan accounts that remain completely inactive (no login events, no agent connections) for a continuous period of 12 months may be automatically deleted. We will send a warning notification 30 days before any automated deletion. Provisions of these Terms that by their nature should survive termination (including limitations of liability, intellectual property rights, and indemnification obligations) shall survive any termination of these Terms.

12. Breach and Remedies

Without limiting any other rights or remedies available to TheDeskMonitor at law or in equity, the following remedies apply to breaches of these Terms, the Acceptable Use Policy, or any supplementary policy referenced herein. These amounts represent a genuine pre-estimate of the loss and damage TheDeskMonitor would suffer and are not intended as a penalty.

12.1 Automated Scraping and Unauthorised Data Collection

Any person or entity that accesses the TheDeskMonitor website, web application, or associated services using automated tools (including bots, scrapers, crawlers, or AI training agents) in violation of Section 9 or beyond the scope authorised by our robots.txt file shall be liable for liquidated damages of AUD $5,000 per day (or part thereof) for each day on which the unauthorised access continues. This amount reflects the estimated cost of infrastructure abuse, competitive harm, intellectual property devaluation, and the remediation effort required to identify and mitigate the breach.

12.2 Intellectual Property Infringement

Any person or entity that copies, reproduces, distributes, or creates derivative works based on TheDeskMonitor's proprietary content — including but not limited to user interface designs, page layouts, feature descriptions, marketing copy, documentation, pricing structures, algorithms, or application workflows — for the purpose of building, training, or enhancing a competing product or service shall be liable for liquidated damages of AUD $50,000 per infringement, plus all profits attributable to the infringing use. Each distinct element copied (e.g., a page design, a feature workflow, a pricing model) constitutes a separate infringement.

12.3 Acceptable Use Policy Violations

In addition to immediate account termination without refund, the following liquidated damages apply to serious violations of the Acceptable Use Policy:

• Covert monitoring without employee notification: AUD $10,000 per affected employee. This amount reflects the regulatory exposure, reputational damage, and potential liability TheDeskMonitor faces when the Platform is used in violation of workplace surveillance laws.
• Monitoring of minors or personal devices: AUD $25,000 per instance. This amount reflects the severe legal and regulatory consequences, including potential criminal liability, associated with such misuse.
• Circumventing Privacy Mode or Smart Blur controls: AUD $5,000 per instance. These controls exist to protect employee privacy rights; circumvention exposes TheDeskMonitor to regulatory action and reputational harm.
• Selling, sharing, or misusing employee Monitoring Data: AUD $50,000 per occurrence, plus any fines, penalties, or settlements TheDeskMonitor incurs as a result of the data misuse under applicable privacy legislation (including GDPR, Australian Privacy Act, CCPA).

12.4 Indemnification

You agree to indemnify, defend, and hold harmless TheDeskMonitor, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms or the Acceptable Use Policy; (b) your use of the Platform in violation of applicable law; (c) any claim by a third party (including an employee, data subject, or regulatory authority) arising from your use of the Platform; or (d) any unauthorised automated access to the TheDeskMonitor website or services by you or on your behalf.

12.5 Injunctive Relief

You acknowledge that any breach of Sections 9 (Intellectual Property) or 12 (Breach and Remedies) of these Terms would cause irreparable harm to TheDeskMonitor for which monetary damages alone would be an inadequate remedy. Accordingly, TheDeskMonitor shall be entitled to seek injunctive or other equitable relief from any court of competent jurisdiction, without the need to post bond or prove actual damages, in addition to any other remedies available at law or in equity.

12.6 Cumulative Remedies and Cost Recovery

The remedies set out in this Section 12 are cumulative and in addition to (not in substitution for) any other remedies available to TheDeskMonitor under applicable law, including statutory damages under the Copyright Act 1968 (Cth) and penalties under the Privacy Act 1988 (Cth). In any action to enforce these Terms, the prevailing party shall be entitled to recover its reasonable legal costs, including solicitor-client fees, expert witness fees, and court costs. All amounts specified in this section are in Australian Dollars (AUD) and are exclusive of GST.

12.7 Australian Consumer Law Savings

Nothing in this Section 12 limits or excludes any right or remedy available under the Australian Consumer Law that cannot lawfully be excluded or limited. To the extent any liquidated damages amount specified above is found by a court of competent jurisdiction to constitute a penalty rather than a genuine pre-estimate of loss, TheDeskMonitor's liability for the relevant breach shall be limited to the actual loss suffered, as determined by the court.

13. Infrastructure and Sub-Processor Changes

TheDeskMonitor may update its infrastructure providers, data storage locations, and sub-processors from time to time. Material changes will be communicated via email and/or in-platform notification at least 30 days in advance. Continued use of the platform after 30 days constitutes acceptance of the updated terms. If you do not accept a material change, you may terminate your account by emailing [email protected] within 30 days of notification.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Nothing in this clause limits the rights of consumers under mandatory local consumer protection laws that cannot be waived by contract.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved amicably through good-faith negotiation between the parties within 30 days of written notice shall be submitted to mediation in Sydney, NSW, and if unresolved, shall be determined by the courts of New South Wales. Nothing in these Terms limits rights you may have under the Australian Consumer Law. Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law which cannot lawfully be excluded or limited.

If you have questions about these Terms of Service, please contact us at [email protected].