You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result intermination of the Services. Appropriate legal action will be taken by To’a PartnersPTY LTD and in partnership with ESS PTY LTD for any illegal or unauthorised use of the Website; and  you acknowledge and agree that any automated use of the Website or its Services is prohibited.PaymentAll payments made in the course of your use of the Services are made using Stripe. Inusing the Website, the Services or when making any payment in relation to your use of theServices, you warrant that you have read, understood and agree to be bound by the Stripeterms and conditions which are available on their website.You acknowledge and agree that where a request for the payment of the Subscription Feeis returned or denied, for whatever reason, by your financial institution or is unpaid by youfor any other reason, then you are liable for any costs, including banking fees and charges,associated with the Subscription Fee.You agree and acknowledge that To’a Partners PTY LTD and in partnership with ESS PTYLTD can vary the Subscription Fee at any time and that the varied Subscription Fee willcome into effect following the conclusion of the existing Subscription Period.Refund PolicyTo’a Partners PTY LTD and in partnership with ESS PTY LTD will only provide you with arefund of the Subscription Fee in the event they are unable to continue to provide theServices or if the manager of To’a Partners PTY LTD and in partnership with ESS PTY LTDmakes a decision, at its absolute discretion, that it is reasonable to do so under thecircumstances. Where this occurs, the refund will be in the proportional amount of theSubscription Fee that remains unused by the Member (Refund).Any benefits set out in this Terms and Conditions may apply in addition to consumer’srights under the Australian Consumer Law.Copyright and Intellectual PropertyThe Website, the Services and all of the related products of To’a Partners PTY LTD and inpartnership with ESS PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless/otherwise indicated, all rights (including copyright) in the Services and compilation of theWebsite (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by To’a Partners PTY LTD and in partnership with ESS PTY LTD or its contributors.All trademarks, service marks and trade names are owned, registered and/or licensed byTo’a Partners PTY LTD and in partnership with ESS PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:use the Website pursuant to the Terms; copy and store the Website and the material contained in the Website in your device’s cache memory; and print pages from the Website for your own personal and non-commercial use.To’a Partners PTY LTD and in partnership with ESS PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expresslyreserved by To’a Partners PTY LTD and in partnership with ESS PTY LTD.To’a Partners PTY LTD and in partnership with ESS PTY LTD retains all rights, title andinterest in and to the Website and all related Services. Nothing you do on or in relation tothe Website will transfer any:business name, trading name, domain name, trade mark, industrial design, patent,registered design or copyright, ora right to use or exploit a business name, trading name, domain name, trade markor industrial design, ora thing, system or process that is the subject of a patent, registered design orcopyright (or an adaptation or modification of such a thing, system or process).You may not, without the prior written permission of To’a Partners PTY LTD and inpartnership with ESS PTY LTD and the permission of any other relevant rights owners:broadcast, republish, up-load to a third party, transmit, post, distribute, show or play inpublic, adapt or change in any way the Services or third party Services for any purpose,unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.PrivacyTo’a Partners PTY LTD and in partnership with ESS PTY LTD takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to To’aPartners PTY LTD and in partnership with ESS PTY LTD’s Privacy Policy, which is available on the Website.General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations orconditions implied or imposed by law, including the Australian Consumer Law (or anyliability under them) which by law may not be limited or excluded.Subject to this clause, and to the extent permitted by law:all terms, guarantees, warranties, representations or conditions which are notexpressly stated in the Terms are excluded; andTo’a Partners PTY LTD and in partnership with ESS PTY LTD will not be liable forany special, indirect or consequential loss or damage (unless such loss or damageis reasonably foreseeable resulting from our failure to meet an applicable ConsumerGuarantee), loss of profit or opportunity, or damage to goodwill arising out of or inconnection with the Services or these Terms (including as a result of not being ableto use the Services or the late supply of the Services), whether at common law,under contract, tort (including negligence), in equity, pursuant to statute orotherwise.Use of the Website and the Services is at your own risk. Everything on the Website and theServices is provided to you “as is” and “as available” without warranty or condition of anykind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of To’a Partners PTY LTD and in partnership with ESS PTY LTD make any express or implied representation or warranty about the Services or any products orServices (including the products or Services of To’a Partners PTY LTD and in partnership with ESS PTY LTD) referred to on the Website. This includes (but is not restricted to) lossor damage you might suffer as a result of any of the following:failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability or currency of any information on the Website, the Services,or any of its Services related products (including third party material and advertisements on the Website);costs incurred as a result of you using the Website, the Services or any of the products of To’a Partners PTY LTD and in partnership with ESS PTY LTD; and the Services or operation in respect to links which are provided for your convenience.Limitation of liability To’a Partners PTY LTD and in partnership with ESS PTY LTD’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.You expressly understand and agree that To’a Partners PTY LTD and in partnership withESS PTY LTD, its affiliates, employees, agents, contributors and licensors shall not beliable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.CompetitorsIf you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor ofTo’a Partners PTY LTD and in partnership with ESS PTY LTD. Competitors are not permitted touse or access any information or content on our Application. If you breach this provision, To’aPartners PTY LTD and in partnership with ESS PTY LTD will hold you fully responsible for anyloss that we may sustain and hold you accountable for all profits that you might make from such abreach.Termination of ContractThe Terms will continue to apply until terminated by either you or by To’a Partners PTY LTDand in partnership with ESS PTY LTD as set out below.If you want to terminate the Terms, you may do so by:not renewing the Subscription prior to the end of the Subscription Period;providing To’a Partners PTY LTD and in partnership with ESS PTY LTD with 30days’ notice of your intention to terminate; andclosing your accounts for all of the services which you use, where To’a PartnersPTY LTD and in partnership with ESS PTY LTD has made this option available toyou.Your notice should be sent, in writing, to To’a Partners PTY LTD and in partnership withESS PTY LTD via the ‘Contact Us’ link on our homepage.To’a Partners PTY LTD and in partnership with ESS PTY LTD may at any time, terminatethe Terms with you if:you do not renew the Subscription at the end of the Subscription Period;you have breached any provision of the Terms or intend to breach any provision;To’a Partners PTY LTD and in partnership with ESS PTY LTD is required to do soby law;the provision of the Services to you by To’a Partners PTY LTD and in partnershipwith ESS PTY LTD is, in the opinion of To’a Partners PTY LTD and in partnership with ESS PTY LTD, no longer commercially viable.Subject to local applicable laws, To’a Partners PTY LTD and in partnership with ESS PTYLTD reserves the right to discontinue or cancel your membership at any time and maysuspend or deny, in its sole discretion, your access to all or any portion of the Website orthe Services without notice if you breach any provision of the Terms or any applicable lawor if your conduct impacts To’a Partners PTY LTD and in partnership with ESS PTY LTD’sname or reputation or violates the rights of those of another party.IndemnityYou agree to indemnify To’a Partners PTY LTD and in partnership with ESS PTY LTD, itsaffiliates, employees, agents, contributors, third party content providers and licensors from andagainst:all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (includinglegal fees on a full indemnity basis) incurred, suffered or arising out of or in connection withyour content;any direct or indirect consequences of you accessing, using or transacting on the Websiteor attempts to do so; and/orany breach of the Terms.Dispute ResolutionCompulsory:If a dispute arises out of or relates to the Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauses havebeen complied with (except where urgent interlocutory relief is sought).Notice:A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must givewritten notice to the other party detailing the nature of the dispute, the desired outcomeand the action required to settle the Dispute.Resolution:On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:Within 28 days of the Notice endeavour in good faith to resolve the Disputeexpeditiously by negotiation or such other means upon which they may mutuallyagree;If for any reason whatsoever, 28 days after the date of the Notice, the Dispute hasnot been resolved, the Parties must either agree upon selection of a mediator orrequest that an appropriate mediator be appointed by the Business of commerce;