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1.           Definitions

In these terms and conditions (Terms):

Customer means any person receiving Services;

HHF means Hero Hunter Foundation Limited (ACN 658 876 361) and their directors, officers, employees, assigns, agents, volunteers and contractors (other than the Service Provider);

Services means any services provided to the Customer by:

(a)          or on behalf of HHF; or (b)          a Service Provider;

Service Provider means any third-party providing Services to the Customer that is introduced or referred to the Customer by or on behalf of HHF.

2.           Acknowledgment

2.1         Each Customer and Service Provider (as the case may be) acknowledges and agrees that:

(a)          by clicking the "I AGREE" button on an electronic copy of these Terms that are provided by or on behalf of HHF in connection with the Services (whether by email or otherwise), they have read, understood and agreed to be bound by these Terms; and

(b)          by accepting the provision of Services or providing Services (as the case may be), they have read, understood and agreed to be bound by these Terms.

2.2         Any person that acknowledges and agrees to these Terms on behalf of an organisation, company or other legal entity warrants in favour of HHF that they are duly authorised to acknowledge and agree to these Terms for and on behalf of that organisation, company or other legal entity.

3.           Liability and waiver

3.1         To the maximum extent permitted by law, HHF is not liable to the Customer, the Service Provider or any other person and accepts no liability (including, without limitation, any liability arising from fault or negligence) in respect of any loss (including any Consequential Loss), liability, claim, damage or expense whatsoever arising from, in connection with or in relation to the Services (irrespective of whether caused or contributed to by HHF).

3.2         Each of the Customer and the Service Provider expressly waives, releases and discharges HHF from and against any and all liability for any loss (including Consequential Loss), damage, injury, expense, demand or cause of action that they may suffer or sustain with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise directly or indirectly or results from any act or omission in relation to the Services irrespective of whether:

(a)          the liability for the loss or damage arises in or under contract (including liability under any indemnity), statute, tort (including negligence), equity or otherwise at Australian law; or

(b)          the Customer or the Service Provider or any other person previously notified HHF of the loss, the possibility of the loss, or damage.

For the purposes of these Terms, Consequential Loss means any indirect, incidental, special or consequential loss or damage, pure economic loss damages and exemplary or punitive damages, loss or damage in relation to loss of use, loss of production, loss of revenue, loss of profits or anticipated profits, loss of business, loss of business opportunity, loss of contract, loss of reputation or opportunity, business interruptions of any nature, loss of data, data corruption rectification costs or loss or damage resulting from wasted management time.

4.           Indemnity

Each of the Customer and the Service Provider (Indemnifying Party) respectively indemnify and must keep indemnified HHF against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against HHF or which HHF may pay, sustain or incur as a direct or indirect result of any wrongful, wilful or negligent act or omission of the Indemnifying Party in respect of the Services.

5.           Severance

If any provision of these Terms is invalid or unenforceable in any jurisdiction, the provision is to be read down for the purpose of that jurisdiction, if possible, so as to ensure these Terms remains valid and enforceable.  If the provision cannot be read down it will be severed to the extent of the invalidity or unenforceability. Such severance does not affect the remaining provisions of these Terms or affect the validity or enforceability of it in any other jurisdiction.

6.           Governing Law

6.1         This Disclaimer will be construed in accordance with the laws of Western Australia.

6.2         The parties agree and submit to the exclusive jurisdiction of the courts in Western Australia.

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