End User Licence Agreement (EULA)

KEY TERMS

End User Licence Agreement - Patient

1 APPLICABILITY AND DEEMED ACCEPTANCE
(a) This EULA applies to any End Users of the Licensed Materials. You agree to, and will be deemed to have accepted, this EULA when you access the Licensed Materials.
(b) By accessing the Licensed Materials, you irrevocably consent to the terms of this EULA and represent and warrant that you will comply with the scope and restrictions of this End User Licence to the Licensed Materials provided under this EULA. If you do not accept this EULA, you must not access, use or otherwise view the Licensed Materials.
(c) This EULA commences on the date the Licensed Materials are provided to you and will end when written notice is provided to you.
(d) The Services are intended for individuals aged 18+. If under 18, use requires parental or guardian consent. If you are under 18 and using the Software or Services you agree that you have the requisite capacity to contract with the Service Provider.

2 White-Label arrangement
1 facilitation and ip
(a) The Services may be made available to you by the Licensee under a White-Label Arrangement with the Service Provider.
(b) While the Licensee facilitates access to the Services, the software and all associated intellectual property remain the exclusive property of the Service Provider and the owner and licensor regardless of the branding on the platform. In no way does any branding or representation by the Licensee or a third party transfer ownership of the Services of Software.
(c) This End user License Agreement is between the End User and the Service Provider. Stryker is a facilitator without ownership or control of the Software or Services.

3 USE OF LICENSED MATERIALS
3.1 SCOPE OF USE
(a) Access to the Software and Services is restricted to authorised users being patients who have been invited or given access to the platform.
(b) Both the Service Provider and the Licensee can grant, suspend or revoke access at their discretion.

3.2 ACCOUNT AND SECURITY RESPONSIBLITIES
(c) You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You must:
(i) Use strong, unique passwords and update them regularly;
(ii) Notify THE Service Provider immediately if you suspect unauthorized access or a security breach;
(iii) Not share your account credentials with any other person;
(iv) Ensure your device has up-to-date security software and is free from malware.
(d) The Service Provider is not liable for any loss or damage arising from your failure to comply with these obligations.

3.3 GRANT OF LICENCE
(a) You are granted a revocable, worldwide, royalty-free licence to use the Licensed Materials for the purpose of accessing and taking benefit of the Software and Services.
(b) The Use of the Licenced Materials is solely for personal healthcare purposes and not for commercial or research use by patients.
(c) You must only use the Licenced Materials:
(i) in accordance with the limitations of the Software and Services as provided;
(ii) in a manner that is consistent and compliant with clause 3.3; and
(iii) in compliance with any other restrictions notified to you in writing by the Licensee or the Service Provider from time to time.

3.4 RESTRICTIONS ON LICENCE
Except in accordance with clause 2.1(b), you must not, without prior written approval from the Licensee or the Service Provider in their absolute discretion:
(a) make copies of the documentation or the Licensed Materials;
(b) provide the Licensed Materials to any third party;
(c) adapt, modify or tamper in any way with the Licensed Materials, other than within the approved scope of use of the Licensed Materials;
(d) remove or alter any copyright, trade mark or other notice on or forming part of the Licensed Materials or documentation;
(e) create derivative works from or translate the Licensed Materials or documentation, other than for your own personal use only;
(f) publish or otherwise communicate the Licensed Materials or documentation to the public, including by making it available online or sharing it with third parties;
(g) sell, loan, transfer, sub-licence, hire or otherwise dispose of the Licensed Materials or documentation to any third party;
(h) decompile or reverse engineer the Licensed Materials or any part of it, or otherwise attempt to derive its source code;
(i) attempt to circumvent any technological protection mechanism or other security feature of the Licensed Materials.
(j) Attempt to access other patient’s data.
(k) Use the Licensed Materials for emergency care or real-time monitoring.

3.5 LIMITATIONS OF LICENSED MATERIALS
The Service Provider does not guarantee, and make no warranties, to the extent permitted by law, that:
(a) the Licensed Materials will be free from errors or defects;
(b) the Licensed Materials will be accessible or available at all times; or
(c) any information provided through the Licensed Materials is accurate or true.

4 PRIVACY, DATA HANDLING AND CONTENT
1 PRIVACY AND DATA USE
(a) The Service Provider collects and processes personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy. By using the Licensed Materials, you consent to:
(i) Collection of health-related data, device information, and usage metrics;
(ii) Use of your data to deliver and improve the Services;
(iii) Sharing of your data with your referring surgeon and care team for treatment purposes;
(iv) Aggregation and de-identification of data for research, marketing, and regulatory purposes and product development, including sharing with the Licensee.
(b) The Licensee must not attempt re-identification or disclose data to third parties except as permitted by law.
(c) The Service Provider will notify you of any eligible data breach as required by law.
(d) You have rights to access, correct, and request deletion of your personal information as outlined in our Privacy Policy.
(e) The Service Provider implements reasonable technical and organizational measures to protect your data against unauthorized access, alteration, or disclosure.
(f) By using the Services, you consent to the Service Provider and the Licensee collecting, using, and disclosing your personal information in accordance with the privacy consent and collection notice displayed during sign-up. You must tick the consent box in the app before accessing the Services.
(g) If the Head Agreement between the Service Provider and the Licensee ends, you agree and acknowledge that the Service Provider may transfer your data to the Licensee to ensure continuity of service.
(h) You may submit information, feedback, and materials (“User Content”) through the Services, including but not limited to:
(i) Patient-reported measures (e.g., surveys, pain scores, functional outcomes);
(ii) Visual data such as range-of-motion images, scans, or sensor-captured measurements;
(iii) Transcripts or chat communications with allied health professionals or care team members;
(iv) Any other information you actively enter into the Services to support your care.
(i) By submitting User Content, you represent and warrant that:
(i) You have all rights and consents necessary to submit such content;
(ii) The content is accurate and lawful;
(iii) The content does not infringe any third-party rights.
(iv) The Service Provider may use, host, display, and process your User Content for:
(A) Delivering and improving the Services;
(B) Supporting clinical review by your care team;
(C) Aggregating and de-identifying data for research, marketing, and product development purposes (including by Stryker), subject to strict non-reidentification obligations.
.

5 SUPPORT
2 SUPPORT SERVICES
(a) The Service Provider will provide technical support for the Licensed Materials via email and in-app messaging during standard business hours (AEST). The Service Provider will use reasonable efforts to respond to support requests within [X] business days.
(b) The Licensee may act as a first-line contact for general inquiries, but the Service Provider remains responsible for resolving technical issues related to the Licensed Materials. Support does not include clinical advice or emergency assistance.

6 DISCLAIMERS
3 GENERAL
(a) The Service Provider does not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Licensed Materials.
(b) You must take your own precautions to ensure that the process which you employ for accessing the Licensed Materials does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

6.1 LIABILITY
(a) To the maximum extent permitted by applicable law and subject to clause (d) below, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the high of the fees paid by the End User or $500.
(b) Clause (c) does not apply to the End User’s liability in respect of loss or damage sustained by the Service Provider, arising from the Licensee or User’s breach of:
(i) Intellectual property; and
(ii) Restrictions on this Licence.
(c) All express or implied representations and warranties given by the Service Provider or its Personnel are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into this EULA which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our (and our Personnel’s) liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(d) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Service Provider, except:
(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
(e) Nothing in this EULA excludes rights under the Competition and Consumer Act 2010 (Cth).

6.2 INDEMNITY
(a) You agree to indemnify and hold harmless the Service Provider, its officers, employees, contractors, and agents from any claims, liabilities, losses, damages, or expenses (including reasonable legal fees) arising from:
(i) Your breach of this Agreement;
(ii) Your misuse of the Services;
(iii) Your violation of any law or third-party rights

6.3 HEALTH DISCLAIMER
(b) The Service Provider and/or the Licensee does not provide medical advice. All clinical decisions remain the responsibility of your healthcare provider. The Services are for informational and engagement purposes only and do not replace professional judgment.
(c) You acknowledge and agree that:
(i) the Services are intended to support your healthcare journey but are not a substitute for professional medical advice, diagnosis, or treatment.
(ii) You will always seek the advice of your qualified healthcare provider.
(d) The Services do not monitor your health in real time and are not an emergency service. Call 000 (in Australia) or your local emergency number if you experience a medical emergency.
(e) You assume full responsibility for your participation in any program provided through the Services and acknowledge the inherent risks associated with healthcare and rehabilitation.

7 TERMINATION
7.1 AUTOMATIC TERMINATION
This agreement will be automatically terminated, and your licence to the Licensed Materials will be immediately revoked, if the Head Agreement expires or is terminated.

7.2 TERMINATION BY SERVICE PROVIDER OR LICENSEE
The Service Provider or the Licensee (or both) may terminate this agreement immediately by notice to you (as an individual user, without terminating the Head Agreement) if:
(a) you are in breach of any term of this agreement and have failed to remedy the breach within 10 Business Days after the notice; or
(b) you commit, or the Service Provider or the Licensee reasonably suspects that you may commit, any breach of this agreement including, without limitation, clause 2.

7.3 EFFECT OF EXPIRY OR TERMINATION
(a) In the event of expiry or termination of this EULA, you must:
(i) immediately cease using the Licensed Materials; and
(ii) remove the Licensed Materials from all materials in your care, custody or control that feature the Licensed Materials, and, if the Licensed Materials cannot be removed, then at the Service Provider’s option, return or destroy all such material.
(b) Termination of this agreement will not affect any rights accruing to either party to the date of termination nor any obligation performed to the date of termination or any obligation which expressly or impliedly survives termination of this agreement.

7.4 YOUR DATA ON TERMINATION
(a) The Service Provider retains personal information as required by law and the Head Agreement with the Licensee  (including health record retention obligations). Upon termination, the Service Provider will delete or anonymize data per its retention policy, but certain data may be transferred to Stryker for continuity of service or compliance.
(b) The Servicer Provider will delete or anonymize data per its retention policy; patients should export data before termination.
(c) You are solely responsible for removing any information you store in the Licensed Material prior to termination of this agreement. The Service Provider will not be liable to you for any loss of your or any other user’s data or information upon termination of this agreement.

8 GENERAL
8.1 CHANGES TO THIS AGREEMENT
The Service Provider may update, modify, or supplement this EULA from time to time. We will notify you of changes by posting a revised version with a new effective date. Your continued use of the Services after such changes constitutes acceptance. Changes apply prospectively only.

8.2 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

8.3 DISPUTE RESOLUTION
Before commencing legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations and, if necessary, mediation in Queensland, Australia.

8.4 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

8.5 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.

8.6 ASSIGNMENT
You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the Service Provider’s prior consent.

8.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

End User Licence Agreement – Health Provider

1 APPLICABILITY AND DEEMED ACCEPTANCE
(a) This EULA applies to any End Users of the Licensed Materials. You agree to, and will be deemed to have accepted, this EULA when you access the Licensed Materials.
(b) By accessing the Licensed Materials, you irrevocably consent to the terms of this EULA and represent and warrant that you will comply with the scope and restrictions of this End User Licence to the Licensed Materials provided under this EULA. If you do not accept this EULA, you must not access, use or otherwise view the Licensed Materials.
(c) This EULA commences on the date the Licensed Materials are provided to you and will end when written notice is provided to you.
(d) The Services are intended for individuals aged 18+. If under 18, use requires parental or guardian consent. If you are under 18 and using the Software or Services you agree that you have the requisite capacity to contract with the Service Provider.
(e) By using the Services, you confirm you are a licensed healthcare provider authorized to access patient data and will comply with all applicable laws and professional standards.

2 White-Label arrangement
2.1 facilitation and ip
(a) The Services may be made available to you by Stryker (the Licensee) under a White-Label Arrangement with the Service Provider.
(b) While the Licensee facilitates access to the Services, the software and all associated intellectual property remain the exclusive property of the Service Provider and the owner and licensor regardless of the branding on the platform. In no way does any branding or representation by the Licensee or a third party transfer ownership of the Services of Software.
(c) This End user License Agreement is between the End User and the Service Provider. The Licensee is a facilitator without ownership or control of the Software or Services.

3 USE OF LICENSED MATERIALS
3.1 SCOPE OF USE
(a) By using the Services, you represent and warrant that you are a licensed healthcare provider authorized to access patient data and comply with all applicable laws and professional standards.
(b) Both the Service Provider and the Licensee can grant, suspend or revoke access at their discretion.
(c) You agree to use the Services only in connection with surgeries that use the Licensee’s products, as required by the Head Agreement.

3.2 ACCOUNT AND SECURITY RESPONSIBLITIES
(a) You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You must:
(i) Use strong, unique passwords and update them regularly;
(ii) Notify THE Service Provider immediately if you suspect unauthorized access or a security breach;
(iii) Not share your account credentials with any other person;
(iv) Ensure your device has up-to-date security software and is free from malware.
(b) The Service Provider is not liable for any loss or damage arising from your failure to comply with these obligations.
(c) You must maintain patient confidentiality and comply with all applicable privacy laws and professional standards.

3.3 GRANT OF LICENCE
(a) You are granted a revocable, worldwide, royalty-free licence to use the Licensed Materials for the purpose of accessing and taking benefit of the Software and Services.
(b) The Use of the Licenced Materials is solely for clinical purposes in connection with patient care and not for research, marketing, or any other unauthorized purpose.
(c) You must only use the Licenced Materials:
(i) in accordance with the limitations of the Software and Services as provided;
(ii) in a manner that is consistent and compliant with clause 3.3; and
(iii) in compliance with any other restrictions notified to you in writing by the Licensee or the Service Provider from time to time.

3.4 RESTRICTIONS ON LICENCE
Except in accordance with clause 2.1(b), you must not, without prior written approval from the Licensee or the Service Provider in their absolute discretion:
(a) make copies of the documentation or the Licensed Materials;
(b) provide the Licensed Materials to any third party;
(c) adapt, modify or tamper in any way with the Licensed Materials, other than within the approved scope of use of the Licensed Materials;
(d) remove or alter any copyright, trade mark or other notice on or forming part of the Licensed Materials or documentation;
(e) create derivative works from or translate the Licensed Materials or documentation, other than for your own personal use only;
(f) publish or otherwise communicate the Licensed Materials or documentation to the public, including by making it available online or sharing it with third parties;
(g) sell, loan, transfer, sub-licence, hire or otherwise dispose of the Licensed Materials or documentation to any third party;
(h) decompile or reverse engineer the Licensed Materials or any part of it, or otherwise attempt to derive its source code;
(i) attempt to circumvent any technological protection mechanism or other security feature of the Licensed Materials.
(j) Attempt to access any person’s data who you are not authorised so access.
(k) Use the Licensed Materials for emergency care or real-time monitoring.
(l) use patient data for personal, commercial, or research purposes unless expressly authorized and lawful.

3.5 LIMITATIONS OF LICENSED MATERIALS
The Service Provider does not guarantee, and make no warranties, to the extent permitted by law, that:
(a) the Licensed Materials will be free from errors or defects;
(b) the Licensed Materials will be accessible or available at all times; or
(c) any information provided through the Licensed Materials is accurate or true.

4 PRIVACY, DATA HANDLING AND CONTENT
4.1 PRIVACY AND DATA USE
(a) The Service Provider collects and processes personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy. By using the Licensed Materials, you consent to:
(i) Collection of health-related data, device information, and usage metrics;
(ii) Use of your data to deliver and improve the Services;
(iii) Sharing of your data with your referring surgeon and care team for treatment purposes;
(iv) Aggregation and de-identification of data for research, marketing, and product development, including sharing with the Licensee
(b) The Licensee must not attempt re-identification or disclose data to third parties except as permitted by law.
(c) The Service Provider will notify you of any eligible data breach as required by law.
(d) You have rights to access, correct, and request deletion of your personal information as outlined in our Privacy Policy.
(e) The Service Provider implements reasonable technical and organizational measures to protect your data against unauthorized access, alteration, or disclosure.

4.2 HEALTHCARE PROVIDER RESPONSIBLITIES
(a) You must maintain patient confidentiality and comply with all applicable privacy laws and professional standards.
(b) You will access patient data only for legitimate clinical purposes and must maintain confidentiality in compliance with the Privacy Act 1988 (Cth), Australian Privacy Principles, and professional obligations.
(c) You must comply with the Privacy Act 1988 (Cth), Australian Privacy Principles, and any applicable health privacy regulations.

4.3 USER CONTENT
(a) You may submit clinical notes, treatment plans, assessments, telehealth transcripts, and other data (“User Content”) through the Services. By submitting User Content, you represent and warrant that:
(i) You have obtained all necessary consents and rights to submit such content;
(ii) The content is accurate, lawful, and complies with professional standards;
(iii) The content does not infringe any third-party rights.
(b) The Service Provider may use, host, display, and process User Content for:
(i) Delivering and improving the Services;
(ii) Supporting clinical review and care coordination;
(iii) Aggregating and de-identifying data for research, marketing, and product development purposes (including by Stryker), subject to strict non-reidentification obligations..

5 SUPPORT
5.1 SUPPORT SERVICES
(a) The Service Provider will provide technical support for the Licensed Materials via email and in-app messaging during standard business hours (AEST). The Service Provider will use reasonable efforts to respond to support requests within [X] business days.
(b) The Licensee may act as a first-line contact for general inquiries, but the Service Provider remains responsible for resolving technical issues related to the Licensed Materials. Support does not include clinical advice or emergency assistance.
(c) The Service Provider provides technical support only. Non-technical or commercial queries must be directed to the Licensee. The Service Provider will not contact you unless requested by the Licensee.

6 DISCLAIMERS
6.1 GENERAL
(a) The Service Provider does not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Licensed Materials.
(b) You must take your own precautions to ensure that the process which you employ for accessing the Licensed Materials does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

6.2 LIABILITY
(a) To the maximum extent permitted by applicable law and subject to clause (d) below, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the high of the fees paid by the End User or $500.
(b) Clause (c) does not apply to the End User’s liability in respect of loss or damage sustained by the Service Provider, arising from the Licensee or User’s breach of:
(i) Intellectual property; and
(ii) Restrictions on this Licence.
(c) All express or implied representations and warranties given by the Service Provider or its Personnel are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into this EULA which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our (and our Personnel’s) liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(d) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Service Provider, except:
(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
(e) Nothing in this EULA excludes rights under the Competition and Consumer Act 2010 (Cth).

6.3 INDEMNITY
(a) You agree to indemnify and hold harmless the Service Provider, its officers, employees, contractors, and agents from any claims, liabilities, losses, damages, or expenses (including reasonable legal fees) arising from:
(i) Your breach of this Agreement;
(ii) Your misuse of the Services;
(iii) Your violation of any law or third-party rights
(iv) Unauthorized disclosure or misuse of patient data;
(v) any breach of privacy, confidentiality, or professional obligations or standards arising from your use of the Services.

6.4 HEALTH DISCLAIMER
(a) The Services are intended to support patient engagement and care coordination but do not replace professional medical judgment, diagnosis, or treatment. BTC does not provide clinical advice. You remain solely responsible for all clinical decisions and patient outcomes.
(b) The Services do not monitor patient health in real time and are not an emergency service. In case of a medical emergency, you must advise patients to call 000 (in Australia) or their local emergency number.

7 TERMINATION
7.1 AUTOMATIC TERMINATION
(a) This agreement will be automatically terminated, and your licence to the Licensed Materials will be immediately revoked, if the Head Agreement expires or is terminated.
(b) The Service Provider may suspend access immediately for suspected privacy or professional breaches.

7.2 TERMINATION BY SERVICE PROVIDER OR LICENSEE
The Service Provider or the Licensee (or both) may terminate this agreement immediately by notice to you (as an individual user, without terminating the Head Agreement) if:
(a) you are in breach of any term of this agreement and have failed to remedy the breach within 10 Business Days after the notice; or
(b) you commit, or the Service Provider or the Licensee reasonably suspects that you may commit, any breach of this agreement including, without limitation, clause 2.

7.3 EFFECT OF EXPIRY OR TERMINATION
(a) In the event of expiry or termination of this EULA, you must:
(i) immediately cease using the Licensed Materials; and
(ii) remove the Licensed Materials from all materials in your care, custody or control that feature the Licensed Materials, and, if the Licensed Materials cannot be removed, then at the Service Provider’s option, return or destroy all such material.
(b) Termination of this agreement will not affect any rights accruing to either party to the date of termination nor any obligation performed to the date of termination or any obligation which expressly or impliedly survives termination of this agreement.

7.4 YOUR DATA ON TERMINATION
(a) The Service Provider will retain or transfer data to the Licensee as required under the head agreement. You should export any clinical notes before termination.
(b) You are solely responsible for removing any information you store in the Licensed Material prior to termination of this agreement. The Service Provider will not be liable to you for any loss of your or any other user’s data or information upon termination of this agreement.

8 GENERAL
8.1 CHANGES TO THIS AGREEMENT
The Service Provider may update, modify, or supplement this EULA from time to time. We will notify you of changes by posting a revised version with a new effective date. Your continued use of the Services after such changes constitutes acceptance. Changes apply prospectively only.

8.2 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

8.3 DISPUTE RESOLUTION
Before commencing legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations and, if necessary, mediation in Queensland, Australia.

8.4 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

8.5 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.

8.6 ASSIGNMENT
You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the Service Provider’s prior consent.

8.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.