1. 1. By downloading, installing, operating or using the App, You:

1. 1. • acknowledge and agree to be bound by the terms and conditions of this Agreement; and

1. 1. • represent and warrant that You are at least 18 years of age and have the legal capacity to enter into this Agreement.

1. 1. • If You do not agree to be bound by any term or condition of this Agreement, You must not download, install, operate or use the App, or if You have already done so, You must immediately delete the App from Your mobile device.

1. 1. • We reserve the right, at any time and from time to time, at Our sole and absolute discretion to update, revise, supplement or otherwise modify this Agreement (each, an “Update”).

1. 1. • Subject to Clause 1.3, if We Update this Agreement, We will make a reasonable effort to notify You of such Update when You access the App for the first time after such Update is made.

1. • Subject to Clause 1.4, Your continued use of the App will constitute Your acknowledgement and agreement to be bound by the terms and conditions of this Agreement (as Updated).

• Subject to the terms and conditions of this Agreement, We grant You a limited, non-exclusive, revocable, personal, non-commercial, non-sublicensable, non-assignable and non-transferable licence (the “Licence”) to download, install, operate and use the App solely for Your own lawful, non-commercial and personal use on any mobile device owned or controlled by You that can access the Google Play Store (the “Google Play Store”) operated by Google LLC (“Google”).

• If You download the App from the Google Play Store operated by Google, the following terms also apply to You:

• You acknowledge that the agreement and licence under this Agreement is between You and Me2B only, and not with Google, and that Google is not responsible for the App or any Content;

• Me2B, and not Google, is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Google has no obligation whatsoever to furnish any maintenance or support service with respect to the App;

• Me2B, and not Google, is responsible for addressing any user or third party claims relating to the App or the user’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation;

• You acknowledge that, in the event of any third party claim that the App or Your possession and use of the App infringes any third party’s intellectual property rights, Me2B, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim (subject to this Agreement); and

You acknowledge and agree that Google and Google’s subsidiaries are third party beneficiaries of the agreement and licence under this Agreement, and that, upon Your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary.

• This Agreement will commence when You install, operate or use the App on Your mobile device, and will remain in effect until terminated by You or Us.

• We reserve the right to immediately: (a) terminate, suspend or disable the App; (b) suspend or terminate this Agreement; or (c) suspend, terminate or limit the Licence and/or Your rights under the Licence, in each case at any time, with or without cause, without notice and for such period or periods as We determine in our sole and absolute discretion.

You may terminate this Agreement at Your sole and absolute discretion by uninstalling and discontinuing Your use of the App.

• You acknowledge and agree that:

• the App requires a compatible 3G or higher enabled mobile device with internet connectivity and access to the Apple App Store operated by Apple or the Google Play Store operated by Google;

• Your use of the App may incur internet data charges, may involve the downloading of images, content and other items that may attract internet data fees and will consume the battery charge of Your mobile device;

• the App does not provide for international roaming, and You may incur international roaming charges if the App or Your mobile device is used overseas;

• the continued availability of the App, and the Content provided through the operation and use of the App, may be subject to external factors out of Our control, including but not limited to routine maintenance, malfunction in equipment, hardware or software, internet access, delay or failure of transmission and any outage, failure or disruption of any third-party service or infrastructure on which the App, or any Content provided through the operation or use of the App, relies (such as telecommunication digital products and rewards providers, marketing tools and performance marketing and recommendations providers, cloud infrastructure, hosting service, payment gateway, payment processing, banking system, telecommunication service and data-processing);

• We may modify or update the App at any time without notice, including but not limited to disabling or enabling certain features or functionalities of the App, introducing new features and functionalities to the App, bug fixes, error corrections, and workflow and design changes;

• We may, but We are not obligated to, provide maintenance and technical support for the App from time to time and We may suspend, terminate or disable some or all of the features and functionalities of the App in order to provide such support (if any) at any time without notice;

• as part of the App installation process, Your mobile device settings may change and You acknowledge that, by installing the App, You approve any such changes to Your mobile device settings; and

• You may be required to download the latest version of the App from time to time, including but not limited to any updates. It is Your responsibility to ensure that You are using the most up to date version of the App at any given time.

By downloading and using the most up to date version of the App, You acknowledge and agree to be bound by the then current terms and conditions of this Agreement.

• You acknowledge and agree that this App will be used by You for Your sole lawful, non-commercial and personal use only.

• You must not and You must not permit any other person to:

• reverse engineer, decompile, decode, decrypt, disassemble or in any way derive source code or codes from the App;

• modify, translate, adapt, alter, or create derivative works from the App or any Content;

• copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the App or any Content;

• distribute, sublicense, rent, lease, loan or allow any third party access to or use of the App or any Content; or

• use the App in any manner whatsoever that could lead to a violation of any local, state, federal or international laws, rules or regulations in the jurisdiction in which You use the App or any Content.

• You must abide by the provisions set out in Clause 5.4 when You access, operate or use the App, including any functions or features that enable You to post comments, content, material, or interact with other users and take all reasonable steps to ensure that no unauthorised person will have access to Your mobile device or Your personal information.

• You must not and You must not permit any other person to:

• use the App or any function or information the App provides in any way that is unlawful, offensive or that results or could result in any loss or any damage to any person;

• allow a user under the age of 18 to use the App or any function or information the App provides;

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others using the App, including Me2B and its directors, officers, agents, employees, licensees, contractors, assignees and successors;

• upload, email, post, publish, distribute or otherwise transmit any information about any person that may identify them or that may compromise their privacy or breach their confidentiality without their prior written consent;

• impersonate any person or falsely state or otherwise misrepresent Your affiliation with any person;

• upload, email, post, publish, distribute or otherwise transmit content that is false or misleading, inappropriate, tasteless, harassing, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, which promotes bigotry or hatred or harm against a group or individual, deliberately provocative or indecent, designed to provoke a negative response from one or more users, infringes another’s rights including but not limited to intellectual property rights, or violates any applicable laws or regulations;

• upload, email, post, publish, distribute or otherwise transmit content that is of nuisance value, inappropriate, off topic, vexatious, constitutes unsolicited bulk e-mail, junk mail, spam or chain letters, contains a solicitation for funds, promotion, advertisement, solicitation for goods or services, or other commercial matter;

• solicit, collect or store personal data about other users, solicit other users to use or join or become members of any commercial online or offline service or other organisation;

• violate the property rights of others and You must not upload, email, post, publish, distribute or otherwise transmit content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any person; or

post any instructions, software, malware or other materials that harm other users’ computers or would allow App users or third parties to harm other users’ computers, mobile devices, tablet devices or to inappropriately access software or websites and You must not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.

• The App is provided to You on an “as is” and “as available” basis.

• To the maximum extent permitted by law, We expressly disclaim all representations and warranties, whether express or implied, with respect to the App, the Content and Your access to and operation and/or use thereof, including but not limited to all implied warranties of merchantability or fitness for a particular purpose or any warranties of title, non-infringement and/or arising from a course of dealing or usage of trade.

• We expressly disclaim all guarantees, representations and warranties, whether express or implied, that the App will meet Your requirements or that Your operation and/or use, or the results of the operation and use of the App will be uninterrupted, complete, reliable, accurate, current, error-free, free of viruses or otherwise secure.

You agree that You download, install, operate and use the App at Your own risk.

1. Indemnity

• You agree to release and indemnify Me2B and its directors, officers, agents, employees, licensees, contractors, assignees and successors from all losses, costs, expenses and damages of any kind including but not limited to direct and/or indirect, consequential, incidental, special, exemplary and/or punitive damages and/or losses, and any liabilities arising out of or in connection with:

• any past, present or future claims, actions, suits, demands, causes of action, liabilities and costs of whatever kind and wherever situated which You or any third party now have or may have arising out of or in connection with Your operation or use of, or inability to operate or use, the App on any mobile device that You own or control or do not own or control;

• any breach by You of any of Your obligations under this Agreement;

• any wilful, unlawful or negligent act or omission by You; and/or

• any use or reliance of the App or Content, or by any reason arising from this Agreement.

Me2B will not indemnify, defend or hold You harmless with respect to any third-party claims of whatever nature against You arising out of or in relation to Your use of the App or any Content.

• The remedies for any breach by Us of this Agreement or any breach by Us of any consumer protection law will be limited to the minimum remedy that may be available in respect of any such breach.

• Subject to Clause 8.3 but notwithstanding any other provision of this Agreement, You agree that:

• to the fullest extent permitted by applicable law, Me2B shall not be liable to You or any other person for any indirect, consequential, incidental, special, exemplary or punitive losses or damages (including, without limitation, loss of profits, loss of businesses, loss of business opportunities, loss of reputation, loss of data and loss of goodwill), whether under or in connection with this Agreement, or arising out of or in connection with Your download, installation, operation or use of, or Your inability to download, install, operate or use, the App or any Content, regardless of the cause of action (whether in contract, tort, negligence, strict liability, breach of statutory duty or otherwise); and

• in no event shall Me2B’s total aggregate liability to You or any other person under or in connection with this Agreement, or arising out of or in connection with Your download, installation, operation or use of, or Your inability to download, install, operate or use, the App or any Content, regardless of the cause of action (whether in contract, tort, negligence, strict liability, breach of statutory duty or otherwise), exceed A$50 (or, if any applicable law prohibits such limitation, the minimum liability permitted by such applicable law).

Nothing in this Agreement shall exclude or limit Me2B’s liability for: (a) death or personal injury arising from Me2B’s gross negligence or intentional misconduct; (b) fraud; or (c) any liability which cannot lawfully be excluded or limited under any applicable law.  Where any applicable law prohibits any exclusion or limitation of liability, Me2B’s liability is limited to the minimum liability permitted by such applicable law.

• You acknowledge and agree that We own absolutely, or have the right to use, all copyright, trade marks and all other intellectual property in the App and the Content including but not limited to visual interfaces, interactive features, information, graphics, designs, compilations, computer codes and all other elements of the App.

• You acknowledge and agree that You own no copyright or other intellectual property rights in the App or the Content.

• Nothing in this Agreement grants You permission to use or reproduce Our trade marks or trade names.

• You must not adopt, use, or attempt to register any trade marks or trade names that are deceptively or confusingly similar to Our trade marks or creates combination marks with any of Our trade marks or trade names.

• You acknowledge and agree that You have no legal or equitable proprietary or other title or interest in the App or the Content other than the right to use the App pursuant to this Agreement, and that the title to and all other proprietary rights in the App are retained by and are the absolute property of Me2B.

• You acknowledge and agree that damages may not be an adequate remedy for breach by You of this Clause 9 and that We are entitled to apply for and be granted specific performance or injunctive relief in addition to any other legal or equitable remedy available to Us for breach or threatened breach by You of this Clause 9.

You acknowledge and agree that We may collect and use certain information through the App as set out in the Me2B Privacy Policy.

• The App may utilise or include third party content, software, application, website or other copyright materials (collectively, the “Third Party Content”). Your use of any Third Party Content is governed by the terms and conditions of such Third Party Content (the “Third Party Terms and Conditions”).

• By accepting this Agreement, You agree that You also accept all the Third Party Terms and Conditions.

• Me2B expressly disclaims all representations and warranties, whether express or implied, in connection with any Third Party Content and will have no liability in connection therewith.

You are solely responsible for maintaining the confidentiality of Your App login, Your registration information, and protecting Your mobile device from damage, theft or hacking.

This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia and the laws of the Commonwealth of Australia. Each Party submits to the non-exclusive jurisdictions of the courts of the State of New South Wales, Australia and the Federal Courts of Australia and courts hearing appeals from those courts.

• The provisions of this Agreement will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative, void or otherwise unenforceable then the remaining provision or provisions will be binding on and enforceable by the Parties.

• The rights and obligations of the Parties in respect of this Agreement and the indemnities and warranties contained in this Agreement will remain in full force and effect, and will not merge or be extinguished by or upon termination of, or completion of any obligations under this Agreement.

• This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements and understandings between the Parties in connection with it.

• In this Agreement:

• references to one gender include all genders and references to the singular include the plural and vice versa;

• references to a person include any company, partnership or unincorporated association (whether or not having separate legal personality);

• references a company include any company, corporation or body corporate, wherever incorporated;

• references to Clauses are to Clauses of this Agreement;

• references to any document (including this Agreement), or to a provision in a document, shall be construed as a reference to such document or provision as amended, supplemented, modified, restated or novated from time to time;

• references to books, records or other information mean books, records or other information in any form including paper, electronically stored data, magnetic media, film and microfilm; and

the words “including”, “include”, “in particular” and words of similar effect shall not be deemed to limit the general effect of the words that precede them.