Terms & Conditions

Last updated: 11 May 2026

Welcome to Hilllz!

To make it easier for you to understand the terms on which we provide our services, we've tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about "Hilllz", "we," "our," or "us" in these Terms, we are referring to Cumulus Labs Pty Ltd as trustee for Wolstenholme Family Trust t/a Hilllz (ABN 54 815 423 293).

When we talk about the "Platform" in these Terms, we are referring to our mobile Applications available on the Apple iOS Store and the Google Play Store, our website available at hilllz.com and any associated services we offer.

Our Platform offers access to a real-time snow conditions and a "Hilllz Score" feature which is a general and guidance only recommendation derived from snowfall, weather, lift status, and resort operations data to help skiers and snowboarders decide where and when to ride (Hilllz Score).

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple's Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may use Mapbox mapping services, including Mapbox API(s). Your use of Mapbox is subject to the Mapbox Additional Terms of Service.

We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

PART A -- ALL USERS

1. INTRODUCTION

These Terms set out the terms and conditions that apply when you use the Platform, and you agree to be bound by these Terms by signing up for an Account with us, or by clicking "accept" when you create an Account with us.

Please have a careful read through these Terms before using the Platform. If you don't agree to these Terms, please don't use the Platform.

We may modify our Terms from time to time. If we do, we will email you or otherwise notify you via the Platform. If you continue to use the Platform after we modify our Terms, you'll be taken to have agreed to the Terms as modified.

2. ELIGIBILITY

2.1. CHILDREN'S USE

The Platform is accessible by individuals who are 13 years old and older. Because the age at which a person may lawfully consent to the use of digital services varies between jurisdictions, a child must not create an account or access full App functionality unless a parent or legal guardian has provided consent where required by applicable law.

If you are a parent or legal guardian and you permit a child to use the Platform, you represent and warrant that:

• you have the legal authority to provide consent on behalf of the child in your jurisdiction; and

• you agree to be bound by these Terms on the child's behalf and accept responsibility for the child's use of the Platform.

Where a user does not have legal capacity to enter into a binding contract in their jurisdiction, these Terms form a binding agreement between us and the user's parent or legal guardian who provides consent for the user's access to the Platform.

A parent or legal guardian may withdraw their consent to a child's use of the Platform at any time. If consent is withdrawn, the child's access to the Platform may be suspended or terminated. The handling of personal information following withdrawal of consent is governed by our Privacy Policy.

2.2. ADULTS

If you are using the Platform on your own behalf, you represent that you are legally capable of entering into a binding agreement.

We may suspend or terminate access if we reasonably believe these eligibility requirements are not met.

3. DISCLAIMER AND SCOPE

3.1. DISCLAIMER

You acknowledge and agree that the information provided on the Platform and via our Hilllz Score is for general reference purposes only and:

• is provided as an information service and does not constitute advice, and you are expected in all cases to verify conditions directly with a resort or recognised authority and solely apply your own judgement before making any decision, without any reliance on us;

• is derived from third-party weather models and resort-reported data that can be inaccurate, delayed, or unavailable;

• we are not providing professional weather advice, or holding out to be professionals;

• is not a substitute for checking conditions directly with the resort or a qualified guide before accessing any location; and

• is not a substitute for your own judgement on the mountain.

You acknowledge and agree that snow sports carry inherent risks, including serious injury and death. Avalanche, crevasse, weather, cold, visibility, and terrain hazards are part of the environment. By using the Platform you acknowledge that:

• you are responsible for your own safety and the safety of your group;

• we do not assess on-mountain conditions in real time;

• backcountry and off-piste decisions require specialist training, equipment, and local knowledge which Hilllz does not provide; and

• you will follow resort signage, ski patrol direction, and relevant avalanche advisories.

By using this Platform, you acknowledge and agree that you are solely responsible for any decisions to access any location, snow slope or otherwise any other decisions and any consequences that may arise from them.

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

4. ACCOUNT REGISTRATION

• In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).

• As part of the Account registration process and your continued use of the Platform, we collect information such as your email address, display name, and any profile information made available by your sign-in provider (for example, Apple or Google). Additional information you choose to provide through the Platform such as your riding preferences, favourite resorts, and any feedback or support requests is also collected. The full description of what information we collect, how we use it, and how we share it is set out in our Privacy Policy, which is updated from time to time.

• You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

• You may register for an Account using your Facebook or other social media network account (Social Media Account), Apple account or Google account (Third Party Account). If you sign in to your Account using your Social Media Account or your Third Party Account, you authorise us to access certain information on your Social Media Account or Third Party Account, as applicable, including but not limited to your current profile photo, public information and other available information.

• If we introduce or otherwise offer any features that allow Users to interact with one another (for example, sharing conditions reports or group functionality), the relevant terms and any safety guidance will be notified to you as those features are made available. You agree not to share personal contact details through any User-facing feature that you do not wish to be public.

• Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

• The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

• The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

5. MEMBERSHIP

• We offer a Free Membership and a Paid Membership on our Platform, each of which is designed to provide our customers with the benefits outlined when signing up for each Membership (the Member Benefits).

• The Member Benefits are subject to change at our discretion.

• More information for Paid Memberships and Free Memberships is included in Part B and Part C of these terms, respectively.

6. ACCEPTABLE USE

We'll need you to make a few promises about the way you'll use the Platform.

You agree:

• not to copy, reproduce, translate, adapt, vary or modify the Platform without our express consent;

• not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

• not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

• not to attempt to breach the security of the Platform or Hilllz's system security, or otherwise interfere with the normal function of the Platform, including by:

  • gaining unauthorised access to Accounts or data about other users of the Platform;

  • scanning, probing or testing the Platform for security vulnerabilities;

  • overload, flood, mailbomb, crash or submit a virus to the Platform or Hilllz's system; or

  • instigate or participate in a denial-of-service attack against the Platform or Hilllz's system; and

• to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Platform comply with the Terms.

7. POSTED MATERIALS

7.1. WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

• you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

• you are entirely responsible for your Posted Material;

• to the best of your knowledge, the Posted Material is accurate and true at the time it is provided;

• the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

• the Posted Material is not related to unauthorised advertising of any product or service that is not relevant to the Platform or services associated directly with the Platform (and is not "passing off" of any product or service and does not constitute unfair competition);

• the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

• the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system;

• the Posted Material does not breach or infringe any applicable laws;

• the Posted Material fully complies with all requirements set out in our Privacy Policy, our Website Terms of Use, each of our policies including relating to relating community rules, safety, scam awareness, any applicable email disclaimer and any additional information provided to users when purchasing any product from us or using our Platform; and

• you will not rely on the Posted Material of any other User without carefully reviewing and independently verifying it.

7.2. LICENCE

You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.

If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.

You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

7.3. REMOVAL

The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

You agree that you are responsible for keeping and maintaining records of Posted Material.

8. GENERAL PLATFORM OBLIGATIONS

• You must ensure that you comply with these General Platform Obligations at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your breach of these, and you indemnify us in respect of any such damage, loss or expense.

• You must not, and must not encourage any third party to, without our prior written approval:

  • use Hilllz data to train, fine-tune, or evaluate machine-learning models, except where we have expressly authorised it in writing;

  • upload sensitive information or commercial secrets using the Platform;

  • upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Platform;

  • upload any material that is owned or copyrighted by a third party;

  • make copies of the information or the Platform;

  • adapt, modify or tamper in any way with the Platform;

  • remove or alter any copyright, trade mark or other notice on or forming part of the Platform or information;

  • create derivative works from or translate the Platform or information;

  • publish or otherwise communicate the Platform or information to the public, including by making it available online or sharing it with third parties;

  • sell, loan, transfer, sub-licence, hire or otherwise dispose of the Platform or information to any third party;

  • decompile or reverse engineer the Platform or any part of it, or otherwise attempt to derive its source code;

  • attempt to circumvent any technological protection mechanism or other security feature of the Platform;

  • intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Platform;

  • share your Platform account information with any other person and that any use of your account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your account, password or email, or any other breach or potential breach of the Platform's security;

  • use the Platform for any purpose other than for the purpose for which it was designed, including you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); or

  • act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Platform.

• If you become aware of misuse of your Membership by any person, any errors in the material on your Membership or any difficulty in accessing or using your Membership, please contact us immediately via email on hello@hilllz.com, or using the contact details or form provided on our Website or Platform.

• You acknowledge that we may change any features of the Platform at any time on notice to you.

• Information given to you through the Platform, by us or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

• We may cancel your account at any time if we consider, in our absolute discretion, that you are in breach or are likely to breach this clause.

9. INTELLECTUAL PROPERTY AND DATA

9.1. PLATFORM CONTENT INTELLECTUAL PROPERTY

(Our ownership) We retain ownership of all materials provided to you throughout the course of your Membership (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us not expressly granted to you.

(Licence to you) You are granted a licence to the Platform Content and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Platform without prior written consent from us or as otherwise permitted by law.

9.2. USER DATA

Our Rights and Obligations

You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use any data you upload as a part of your Membership (Client Data) to the extent reasonably required to provide the Platform.

We will establish, maintain, enforce and continuously improve reasonable safety and security procedures and safeguards against the unauthorised use, destruction, loss or alteration of Client Data.

We reserve the right to remove any Client Data, including where we deem Client Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.

Your Obligations and Grant of Licence to Us

You are responsible for ensuring that:

• you share Client Data only with intended recipients; and

• all Client Data is appropriate and not offensive.

• You:

  • warrant that our use of Client Data will not infringe any third-party Intellectual Property Rights; and

  • indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

10. THIRD PARTIES

10.1. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

10.2. THIRD PARTY LINKS

The Platform may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

10.3. THIRD PARTY TERMS AND CONDITIONS

By using the Platform, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including Platform store providers such as Apple and Google).

You agree to any Third Party Terms Applicable to any third party goods and services, and Hilllz will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

11. NOTICE REGARDING APPLE

If you are accessing the Platform from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

• these Terms are between you and Hilllz and not with Apple. Apple is not responsible for the Platform or any content available on the Platform;

• Apple has no obligation whatsoever to furnish any maintenance and support services for the Platform;

• in the event of any failure of Hilllz to conform to any Applicable warranty, you may notify Apple, and Apple will refund the price for the Platform. To the maximum extent permitted by Applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Hilllz's responsibility;

• Apple is not responsible for addressing any claims by you or any third party relating to the Platform, including, but not limited to:

  • product liability claims;

  • any claim that the Platform fails to conform to any Applicable legal or regulatory requirement; and

  • claims arising under consumer protection, privacy, or similar legislation;

• in the event of any third party claim that the Platform or your use of the Platform infringes any third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

• that you represent and warrant that:

  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting'" country; and

  • you are not listed on any U.S. Government list of prohibited or restricted parties;

• you must comply with Applicable third party terms of agreement when using the Platform; and

• Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

12. OPERATION OF THE PLATFORM DEPENDENT ON THIRD PARTIES

You acknowledge that the mobile Platform may be dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Platform can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

13. SERVICE LIMITATIONS

The Platform in all forms is made available to you strictly on an 'as is' basis. We can't guarantee, and make no warranties, to the extent permitted by law, that:

• the Platform will be free from errors or defects;

• the Platform will be accessible or available at all times;

• messages sent through the Platform will be delivered promptly, or delivered at all;

• information you receive or supply through the Platform will be secure or confidential; or

• any information provided through the Platform is accurate or true.

14. SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

15. CONFIDENTIALITY AND PRIVACY

• Except as contemplated by these Terms, a party must not and must not permit any of its officers, employees, agents, contractors or related companies to use or to disclose to any person any sensitive or proprietary data that is not publicly disclosed, which is disclosed or obtained in a confidential context, declared to be confidential or that the recipient ought to know is to be considered confidential (Confidential Information) disclosed to it by the other party without the disclosing party's prior written consent.

• You agree to our Privacy Policy, located on our Website, which is incorporated into these Terms by reference. Please read the Privacy Policy carefully as it governs our collection, use, and disclosure of personal information.

• Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information (Security Breaches).

• The notifying party will investigate each potential, actual or suspected Security Breach and assist the other party in connection with any related investigation.

16. LIABILITY

• To the maximum extent permitted by Applicable law, Hilllz limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform to the total Fees paid by the User to Hilllz. This includes the transmission of any computer virus.

• You agree to indemnify Hilllz and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives negligent or fraudulent use of the Platform.

• All express or implied representations and warranties given by us are, to the maximum extent permitted by Applicable law, excluded.

• Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

• To the maximum extent permitted by law, under no circumstances will Hilllz 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 arising under or in connection with the Platform, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

17. DISPUTES AND TERMINATION

17.1. DISPUTE RESOLUTION

A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

17.2. TERMINATION BY US

We may terminate these Terms or any Membership in whole or in part immediately by written notice to you if:

• you are in breach of any term of these Terms or any part of a Membership; or

• you become subject to any form of insolvency or bankruptcy administration.

On termination, the user's access ends and any pre-paid fees for the unused portion of the Membership Period are non-refundable.

17.3. TERMINATION BY CLIENT

You may terminate these Terms if:

we have committed a material breach of these Terms or a Membership and have failed to remedy the breach within 30 days' written notice by you; or

we become subject to any form of insolvency or bankruptcy administration.

If you validly terminate in accordance with this clause, no further fees will be payable by you (unless later found that such termination was invalid).

18. LOCATION OF SERVICES

• Hilllz controls the operation of the Platform from headquarters located in Australia. Some features of the Platform may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

• We make no representation or warranty that all of the features of the Platform will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

• You're solely responsible for your decision to use the Platform from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with Applicable local laws in relation to your use of the Platform.

19. NOTICES

• A notice or other communication to a party under this agreement must be:

  • in writing and in English; and

  • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

• Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

  • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

  • when replied to by the other party,

whichever is earlier.

20. GENERAL

20.1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia 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.

20.2. 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.

20.3. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.4. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.6. COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

20.7. ENTIRE AGREEMENT

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

20.8. INTERPRETATION

• (singular and plural) words in the singular includes the plural (and vice versa);

• (currency) in these terms and conditions are a reference to $; or "dollar" is to Australian currency, however, depending on the region in which you access, the currency may differ;

• (gender) words indicating a gender includes the corresponding words of any other gender;

• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

• (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

• (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

• (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

• (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

• (headings) headings and words in bold type are for convenience only and do not affect interpretation;

• (includes) the word "includes" and similar words in any form is not a word of limitation; and

• (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

PART B -- PAID MEMBERS

21. YOUR MEMBERSHIP

Your Membership includes the benefits and limitations set out on our Website or in App for the Membership tier you select, or as otherwise communicated to you when you subscribe for your Membership (as amended from time to time by notice to you).

22. MEMBERSHIP FEES AND PAYMENT

• (Membership Fee) You must pay fees to us in the amounts and at the times specified in the pricing section of the Website for your Membership, or as otherwise agreed in writing (Membership Fees).

• All Membership Fees must be paid in advance and are non-refundable for change of mind.

• Unless otherwise agreed in writing, the Membership Fees are billed at the frequency you select when you subscribe via the App Store or Google Play, until you cancel through your device's account settings, with the first payment being due on the first day of the Membership Period.

• (Automatic Recurring Billing) Your Membership will continue to renew indefinitely, and you must pay Membership Fees in respect of each selected period, unless you cancel your Membership via Apple or Google. Otherwise, we will continue to debit the Membership Fees from your account. We will not pay any charge back amount if you fail to cancel your Membership in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Membership. To terminate your authorisation or change your payment method, please navigate to the relevant Apple or Google account and submit a cancellation of Membership.

• Unless otherwise indicated, the Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

• We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

• We reserve the right, from time to time, to change the Membership Fees. We will notify you in advance if we do this.

• (Online payment partner) We may use third-party payment providers (Payment Providers) to collect the Membership Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

23. REFUNDS

To the extent permitted by applicable law, except as otherwise set out on our website, we generally don't offer refunds for any of our Memberships and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Platform that you think should entitle you to a refund and we'll consider your situation. This clause is not intended to exclude any warranties or rights granted to you under the Australian Consumer Law.

24. CANCELLATIONS

• You may choose to terminate your Membership via the Platform ahead of the upcoming billing cycle.

• Your Membership will terminate automatically at the end of the Membership Term (whether you have accessed the Membership or not).

PART C -- FREE MEMBERS

25. FREE MEMBERSHIP

We offer a no cost membership which will allow you to access some limited features of our Platform for an indefinite period (Free Membership).

If, during Paid Membership you do make a payment for Membership, then your Paid Membership will end and a Free Membership will begin.

25.1. CANCELLATION

You may terminate your Free Membership at any time via your Account page on our Platform. If you choose to terminate your Free Membership, your Account will be deleted alongside your Free Membership and, if you wish to sign up again in the future, we do not warrant or guarantee that any User Data associated with your original Account will be accessible.