BY CLICKING ON THE "YES" OR "I ACCEPT" BUTTON (OR OTHER BUTTON OR MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT TO THE TERMS OF THIS AGREEMENT), OR BY DOWNLOADING, ACCESSING OR INSTALLING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.

This is a contract (the "Agreement") between your Business ("you") and Sudha Techlabs PTY LTD ("Company/Flindies/us/we") with ACN 677 091 217, which defines the terms and conditions on which we provide our Services to you. Reference to 'you' includes a sole trader, freelancer, limited or public company, partnership, or a charity or trust.

1. Definitions:

   1. App means our web/mobile application software, the data supplied with the software and associated media.
   2. Business means the limited company, sole trader, freelancer, limited or public company, partnership, charity or trust as applicable.
   3. Business Day means a day other than a Saturday, Sunday or a public holiday in Australia.
   4. Intellectual Property means rights in, and in relation to, any trademarks, logos, patents, registered designs, design rights, copyright and related rights, moral rights, databases, domain names, utility models, and including registrations and applications for, and renewals or extensions of, such rights, and similar or equivalent rights or forms of protection in any part of the world; rights in the nature of unfair competition rights and to sue for passing off and for past infringement; and trade secrets, confidentiality and other proprietary rights, including rights to know how and other technical information.
   5. License. COMPANY grants to Business User a non-exclusive, non-transferable, non-sublicensable license to use FLINDIES. Business User shall notmodify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or make copies of FLINDIES.
   6. Our Services: Our service under this agreement means all products, services, content, features, technologies, or functions offered by us and all related websites, applications flindies.au, and including the Flindies Account and its business offerings.
   7. Ownership: All title, interest, and ownership rights in and to the PRODUCT and associated documentation, including any improvements, modifications, and enhancements made thereto, are and shall remain with the COMPANY. FLINDIES is copyrighted and is protected by Australian copyright laws and international treaty provisions. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to Business User.

2. Eligibility:

   1. By registering an Account, you represent and warrant that you are a legitimate User, and that you have authority to accpet the terms of this Agreement.
   2. You can authorise others to access, use or operate a Flindies Acount or otherwise use our Services on behalf of you. You acknowledge that if you provide such access to an Authorised User, we'll deal with such Authorised User as if they were you for the purposes of this Agreement. You will be bound by anything done by any Authorised User, even if they do something that is outside the scope of the authority you gave them. You acknowledge that we will not perform any verification of the authority of your Authorised Users to act on behalf of your Business. You also acknowledge that we may disclose certain information about your profile or Flindies Account to any Authorised User and that we are not responsible for your Authorised User's use of that information. Granting permission to any Authorised User does not relieve you of your responsibilities under this Agreement.
   3. You are responsible for ensuring the security of your Account, including by safeguarding passwords and devices. You are responsible for the actions of any persion who you allow, by act or omission, to access your Account. You must notify us using the Contact Us of this Agreement if you suspect unauthorised use of your Account. Until you notify us, you remain responsible for such unauthorised use.

3. Information you provide:

   1. When registering an Account (and using your Account) you will be asked to provide us with personal and business-related information which we will deal with in the manner described in clause 5.
   2. You must provide true, accurate, current and complete information about yourself and any organisation which you represent, as prompted by the Platform.
   3. We reserve the right to deactivate or modify your Account for any reason we in our absolute discretion deem necessary.

4. Confidentiality:

   FLINDIES platform, all accompanying documentation, and all information disclosed by COMPANY to Business User hereunder or otherwise in conection with the FLINDIES, including without limitation performance data, features and other information relating to or obtained from the product/service, is "Confidential Information" of the COMPANY. Business User will not use the Confidential Information except as necessary under this Agreement and will not disclose any portion of the Confidential Information to any other person or entity. Business User will use all reasonable steps to protect the Confidential Informationfrom unauthorized use or disclosure.

   Confidential Information does not include information that:

   • was rightfully known by Tester at the time of disclosure without an obligation of confidentiality.
   • is lawfully obtained by Tester from a third party without restriction on use or disclsure, or
   • is or becomes generally known to the public through no fault or breach of this Agreement by Tester.

5. Data and Privacy:

   Business Users agree that COMPANY may obtain information and data from you in connection with Business User's registration, installation, and use of the FLINDIES platform including, without limitation, personal/business information, location, etc. COMPANY may also collect and process technical and performance information about your use of the FLINDIES platform and use this information to support and troubleshoot issues, provide updates, analyze trends and improve BETA PRODUCT. You hereby consent to COMPANY processing and transferring this information, including, if any, personal information, in conformity with the COMPANY Privacy policy.

   1. COMPANY has adopted the Australian Privacy Policy (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner.
   2. Business User is solely responsible for all information that you submit to COMPANY and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate, or breaches legislation. We also reserve the right at our discretion to restrict a user's use of the site either temporarily or permanently or refuse a user's registration or cancel a user's account.
   3. Information that is already in public domain or becomes generally known to the public through other channels shall not be the fault or breach of this Agreement by FLINDIES. As such, FLINDIES disclaims all liability, incidental, special or consequential loss or damages for any loss of data.
   4. FLINDIES aim is to connect end user to local businesses. Photos, videos or any other associated content should be relevant to the business and show what you offer and what makes your business unique.
   5. Posted content shall not display any sort of violence, drug use, nudity, near nudity, or suggestive acts‐even if it is an accurate representation of the business's services or products. COMPANY has zero tolerance policy to any sort of inappropriate content including but not limited to threats, harassment, lewdness, hate speech, or other displays of bigotry.
   6. As a condition of your access to and use of the Services, you agree not to use the services to infringe intellectual property rights in any way. We reserve the right, with or without notice, at any time in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
   7. We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

6. Warrantly Disclaimer:

   The FLINDIES platform is provided "AS IS" without warranty of any kind, whether express, implied, statutory, or otherwise. Company specifically disclaims all implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

   COMPANY makes no warranty or representation that: the Platform will meet your requirements; the Platform will be uninterrupted, timely, secure, or error-free; the quality of any products, services, information, or other material obtained by you through this Platform will meet your expectations; or any errors in the underlying source code will be corrected.

   Any material downloaded or otherwise obtained through the use of Platform is done at your own discretion and risk, that you shal be solely responsible for any damate to your computer system or loss of data that results from the download of any such material.

   As a Business User may provide, or third parties may provide, links to third party sites or resources. As FLINDIES has no control over such sites and resources, you acknowledge and agree that COMPANY is not responsible for the availability of such external sites or resources. COMPANY does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. COMPANY will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

7. Indemnification:

   You agree to defend, indemnify, and hold harmless COMPANY, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

8. Limitation of Liability:

   Business User shall not rely exclusively on FLINDIES platform for any reason. Business User waives any and all claims, User may have against COMPANY arising out of the performance or non-performance of the web application.

   We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services area unavailable at any time or for any period.

   To the maximum extent permitted by law, under no circumstances will the COMPANY, be liable to you for any incidental, special or consequential loss or damages, or damages for loss of data, damage to reputation, business or business opportunity, goodwill, anticipted savings, profits or revenue arising under or in connection with the Platform. Company shall not be liable for any direct, indirect, special, incidential or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of software or any performance of this agreement.

9. Subscription, add-ons and payments:

   The details of subscription plans, features, add-ons and the pricing shall be seen on the pricing page of our platform. Invoices shall be issued describing the fdetails, payment mode and schedule.

   Nonpayment of charges may lead to suspension of Business Users account.

10. Modification:

    COMPANY reserves the right to supplement, amend, or modify the terms of this Agreement. The Business User acknowledges that we may, from time to time, update these Terms and Conditions. If said modification is to the advantage of the User or such modification does not substantially affect the rights and obligations of the User, the User is bound by any such modifications from the moment the client receives a notice to that effect.

11. Termination. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimers. Your use of the Platform is at your sole risk. The Platform, including the User community, is provided on an "as is" and "as available" basis. You must make all reasonable inquiries to determine the legitimacy of a User and accurancy of a Listing. You acknowledge that by using the Platform, under no circumstances will COMPANY be liable in any way for any Listing, including, but not limited to, any errors or omissions or misleading information in any Listing, or for any loss or damage of any kind incurred as a result of the use of your reliance of any Listing or performance or receipt of any Exchange.