Terms and Conditions of Use

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Terms and Conditions of Use

Tone Deaf, The Brag, Rolling Stone Australia, The Industry Observer, and Don’t Bore Us and the Gig Guide are all brands, apps and/or publications (Platform(s)) owned or operated by Seventh Street Media Pty Ltd – trading as The Brag Media Australia (the Brag, we, us and our). The following terms and conditions (the Terms of Use) govern your use of the Platforms. The Platforms includes all subdomains of websites and any content, code, data, services, features or functionality made available from or through the Platform.

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Platforms. Changes to the Terms of Use will be effective when posted and your continued use of the Platforms and/or the services made available on or through the Platforms constitutes acceptance of those changes. By using the Platforms, you accept and agree to these Terms of Use, and you represent and warrant that you have the right, authority and capacity to accept these Terms of Use on behalf of yourself or the entity you represent. If you do not agree to these Terms of Use, you may not access or otherwise use the Platforms.

Important: please read these terms carefully as they may impact your legal rights in the event of a dispute between us.

Ownership
1. As between you and the Brag, excluding your Submitted Materials (as defined in clause 8.2 below), the Brag or its licensors own, solely and exclusively, all rights, title and interest in and to the Platforms, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files), code, data and materials thereon, the look and feel, design and organisation of the Platforms, and the compilation of the content, code, data and materials on the Platforms, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.
2. Your use of the Platforms does not grant to you, ownership of any content, code, data or materials you may access on or through the Platforms.
Feedback
1. If you provide the Brag any feedback or suggestions regarding the Platforms (Feedback), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Platforms, you assign to the Brag all rights in the Feedback and agree that the Brag has the right to use such Feedback and related information in any manner it deems appropriate. The Brag will treat any Feedback you provide to the Brag as non-confidential and non-proprietary. You agree not to submit to the Brag any feedback that you consider confidential or proprietary.
Limited license
1. You may access and view the content on the Platforms on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Platforms, make single copies or prints of such content for your personal, internal use only.
2. Use of the Platforms and the services offered on or through the Platforms are only for your personal, non-commercial use.
Prohibited use
1. Any commercial or promotional distribution, publishing or exploitation of the Platforms is prohibited unless you have received the express prior written permission from authorised personnel of the Brag or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Platforms.
2. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Platforms, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
3. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platforms. If you make other use of the Platforms, except as otherwise provided above, you may violate copyright and other applicable laws and may be subject to liability for such unauthorised use. For web posting, reprint, transcript or licensing requests for the Brag material, please send your request to the following: [email protected].
Marks
1. The trademarks, logos, service marks and trade names (collectively the Marks) displayed on the Platforms or on content available through the Platforms, may be trademarks or service marks of the Brag and third parties. All Marks not owned by the Brag that appear on the Platforms or on or through the Platforms’ services, if any, are the property of their respective owners.
2. Nothing contained on the Platforms grants any right to use any Mark displayed on the Platforms without the written permission of the Brag or the third party that owns the applicable Mark.
3. Your misuse of the Marks displayed on the Platforms or on or through any of the Platforms’ services is prohibited.
Registration information
1. In the course of your use of the Platforms, you may be asked to register or otherwise provide certain personalised information to us and/or to create a username and password (such information is Registration Information).
2. The Brag’s information collection and use policies with respect to the privacy of such Registration Information are set forth in our privacy policy (the Privacy Policy).
3. You acknowledge and agree that you are solely responsible for your Registration Information.
4. You represent and warrant that:
  (a) all required Registration Information you submit is truthful, accurate, complete and correct; and
  (b) you will maintain the accuracy and completeness of such information.
5. You are responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Platforms using your Registration Information. We are not responsible for misuse of your Registration Information by any third party, whether authorised by you or not.
6. You are responsible for all activities that occur regarding your Registration Information. You agree to immediately notify the Brag of any unauthorised use, or suspected unauthorised use, of your Registration Information or any other breach of security. the Brag cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Eligibility
1. You must meet any age, geographic or other eligibility requirements specified on the Platforms to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our Platforms.
2. By registering at those Platforms, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Platforms and vendor policies.
Submitted Materials
1. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Platforms, by e-mail or in any other way.
2. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, messages, text, files or other content which you submit or post to our chat rooms, message boards, comment sections and/or our blogs, social media pages or feeds, or send to us via e-mail or mail) (Submitted Materials) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy.
3. By submitting or sending Submitted Materials to us, you:
  1. represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived;
  2. represent and warrant that such Submitted Materials comply with these Terms of Use, including without limitation Sections 9 (Prohibited User Conduct) and 10 (Public Forums); and
  3. grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes.
4. Without limiting the foregoing, you agree that if you choose to submit comments (e.g. a “letter to our editors” or an online review or comment) to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these comments along with, at our sole discretion, your name, screen name and other information you have provided to us in our editorial publications in any form, media or technology now known or later developed. You hereby consent to this.
5. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire.
6. Under no circumstances will the Brag be liable for any inaccuracy or defect in any Submitted Materials.
Prohibited conduct
1. You warrant and agree that, while using the Platforms you must not:
  1. impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  2. insert your own or a third party’s advertising, branding or other promotional content into any of the Platforms’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from the Brag or otherwise through the Platforms), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
  3. attempt to gain unauthorised access to other computer systems through the Platforms.
2. You must not:
  1. engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Platforms or the services offered on or through the Platforms, including without limitation any information residing on any server or database connected to the Platforms or the services offered on or through the Platforms;
  2. obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means;
  3. use the Platforms in any manner that may interrupt, damage, disable, overburden, or impair the Platforms or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  4. use the Platforms in violation of the Brag’s or any third party’s intellectual property or other proprietary or legal rights; or
  5. use the Platforms in violation of any applicable law.
3. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Platforms, or any content thereof, or make any unauthorised use thereof. You agree that you may not use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms or interfere with any other party’s use and enjoyment of the Platforms or any of their services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Platforms.
Public forums
1. The Brag may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums and other such services available on or through the Platforms.
2. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you may not upload, post, transmit, distribute or otherwise publish through the Platforms any Submitted Materials which:
  1. restrict or inhibit any other user from using and enjoying the Platforms;
  2. are fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
  3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  4. violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
  5. contain a virus, spyware, or other harmful component;
  6. contain embedded links, advertising, chain letters or pyramid schemes of any kind; or
  7. constitute or contain false or misleading indications of origin, endorsement or statements of fact.
3. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Brag. You alone are responsible for the content and consequences of any of your activities.
Right to monitor and editorial control
1. The Brag reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials and the Brag is not responsible for any such Submitted Materials.
2. However, the Brag reserves the right at all times to disclose any Submitted Materials as necessary to satisfy any law, rule, regulation or government request, or to edit, refuse to post or to remove any Submitted Materials, in whole or in part, that the Brag considers to be, in the Brag’s sole discretion, objectionable or in violation of these Terms of Use, the Brag’s policies or applicable law.
3. If the Brag elects to modify Submitted Materials, the Brag nonetheless assumes no responsibility for the Submitted Materials. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
Private or sensitive information on public forums
1. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Platforms and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
Other Users
1. Each Platform user is solely responsible for any and all of its Submitted Materials. Because we do not control Submitted Materials, you acknowledge and agree that we are not responsible for any Submitted Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials, and we assume no responsibility for any Submitted Materials.
2. Your interactions with other Platform users are solely between you and such user. You agree that the Brag will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Platform user, we are under no obligation to become involved.
3. You acknowledge that other users may post comments about your Submitted Materials which may be derogatory, and the Brag has no obligation to monitor or delete any such Submitted Materials. You hereby release and forever discharge the Brag (and our directors, officers, employees, agents, successors and assigns) from, and herby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Platform users.
Linking to the Platforms
1. You agree that if you include a link from any other websites to the Platforms, such link will link to the full version of an HTML formatted page of the Platforms. You are not permitted to link directly to any image hosted on the Platforms or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website.
2. You agree not to:
  1. download or use images hosted on the Platforms on another website, for any purpose, including, without limitation, posting such images on another site; or
  2. link from any other website to the Platforms in any manner such that the Platforms, or any page of the Platforms, are “framed,” surrounded or obfuscated by any third party content, materials or branding.
3. We reserve all of our rights under the law to insist that any link to the Platforms be discontinued, and to revoke your right to link to the Platforms from any other websites at any time upon written notice to you.
Orders for products and services.
1. We may, directly or through our third-party vendors (Vendors), make certain products available to visitors and registrants of the Platforms. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Brag or its Vendors. You agree to pay all applicable taxes.
2. If payment is not received by us or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the Vendors.
3. Certain products that you purchase and/or download on or through the Platforms may be subject to additional terms and conditions presented to you at the time of such purchase or download. We reserve the right to change the number of issues in a subscription term, including discontinuing any format, make substitutions and/or modify the manner in which the subscription is distributed. If your email or postal address changes, you agree to provide us with your updated address.
Third party websites.
1. You may be able to link from the Platforms to third party websites and third party websites may link to the Platforms (Linked Sites). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Platforms does not imply the Brag’s endorsement, sponsorship, or recommendation of that site.
2. The Brag disclaims any liability for links:
  1. from another website to the Platforms; and
  2. to another website from the Platforms,
    the Brag cannot guarantee the standards of any websites to which links are provided on the Platforms nor will the Brag be held responsible for the contents of such sites, or any subsequent links.
3. The Brag does not represent or warrant that the contents of any third party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, the Brag is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Advertisements and promotions
1. The Brag may run advertisements and promotions from third parties on the Platforms. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Brag, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. The Brag is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Platforms.
Embedded Video links
1. Certain pages of the Platforms provide the functionality for you to “embed” videos appearing on the page on other web sites or blog pages (together with the Player, as defined in clause 18.3(b), the Embedded Video). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear.
2. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page.
3. If you elect to embed video on a page, you agree as follows:
  1. you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers;
  2. you will not facilitate access to the Embedded Video directly or through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the Player);
  3. without limiting the foregoing, you will not link directly to the Embedded Video file; and
  4. the Embedded Video may be used in part for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video will not be included in, or used as part of, a service that sells access to video content; (b) you may not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales.
4. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video will be credited to the Platforms.
5. Without limitation of any provision of these Terms of Use, we have no liability to you for any reason with respect to your use of Embedded Video and you agree to indemnify, defend and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.
Content Feeds
1. RSS (really simple syndication) service and other syndication formats such as Atom, as well as APIs (application programming interfaces) (collectively, the Content Feeds) are means by which the Brag offers feeds of story headlines in XML or JSON format (Content) to visitors to the Platforms who use the applicable Feed aggregators.
2. You must use the Content Feeds as provided by the Brag, and you may not edit or modify the text, content or links supplied by the Brag. The applicable Content Feed service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Platforms.
3. You may not display the Brag Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Platform web page. You may not insert any intermediate page, splash page or other content between the Content Feed link and the applicable Platform web page.
4. You must provide attribution to the appropriate Platforms in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Platform logo that we have incorporated into the Content Feed.
5. The Brag reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Content Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. The Brag assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your websites or any other properties.
BragBux
1. Schedule 1 applies where you use or obtain BragBux.
Indemnification
1. You agree to indemnify, defend and hold the Brag and its directors, officers, employees, agents, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from:
  1. your use of the Platforms;
  2. your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Platforms; and/or
  3. your breach or violation of any applicable law or regulation or these Terms of Use.
2. The Brag reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Brag’s defence of such claim. You agree not to settle any matter without the prior written consent of the Brag’s legal counsel.
Copyright agent
1. We respect the intellectual property rights of others, and require that the people who use the Platforms, or the services or features made available on or through the Platforms, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide information on the alleged infringement to [email protected].
Disclaimer of warranties
1. The Platforms, including, without limitation, all services, content, functions and materials provided through the Platforms, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness or usefulness of content or information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.
2. We do not warrant that the Platforms or the services, content, functions or materials provided through the Platforms will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Platforms or the provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Platforms create any warranty not expressly made herein.
3. The Brag also assumes no responsibility, and is not liable for damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the Platforms or your downloading of any materials, data, text, images, video content, or audio content from the Platforms. Under no circumstances is the Brag responsible for any loss or damage, including personal injury or death, resulting from use of the Platforms, any content posted on or through the Platforms, or conduct of any users of the Platforms, whether online or off. You use the Platforms at your own risk. If you are dissatisfied with the Platforms, your sole remedy is to discontinue using the Platforms.
4. We try to ensure that the information posted on the Platforms is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the Platforms at any time and without any prior warning. The Brag neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Platforms, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than authorised the Brag employee spokespersons while acting in their official capacities (including, without limitation, other users of the Platforms). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Platforms. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
5. Without limitation of the above in this section, the Brag and its affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the Platforms, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Platforms or in correspondence with the Brag or its agents. Any products and services ordered or provided via the Platforms are provided by the Brag “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and the Brag or its licensor or supplier.
Limitation of liability
1. In no event, including but not limited to negligence, is the Brag, or any of its affiliates or their respective directors, officers, employees, agents or content or service providers (collectively, the protected entities) liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platforms or the content, materials and functions related thereto, your provision of information via the Platforms, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
2. In no event are the protected entities liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platforms. In no event will the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms of use or your use of the Platforms exceed, in the aggregate, the greater of (a) twenty-five Aus dollars ($25), or (b) the amount, if any, paid by you to the Brag for your use of the Platforms or purchase of products via the Platforms.
Applicable laws
1. We control and operate the Platforms from our offices in Australia. We do not represent that materials on the Platforms are appropriate or available for use in other locations. Persons who choose to access the Platforms from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
2. These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
Termination
1. The Brag may terminate, change, suspend or discontinue any aspect of the Platforms or the Platforms’ services at any time. The Brag may restrict, suspend or terminate your access to the Platforms and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability.
2. Without limitation, the Brag may, in its sole discretion and without liability, terminate the Platforms use privileges of users who are repeat infringers of intellectual property rights.
Dispute resolution
1. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes, controversy or claim between you and the Brag arising under or related in any way to these Terms of Use, must be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
2. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Platforms. You agree that by entering into this agreement, you and the Brag are each waiving the right to trial by jury or to participate in a class action.
3. You and the Brag agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
Miscellaneous
1. These Terms of Use constitute the entire agreement between you and us regarding the use of the Platforms.
2. Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.
3. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Schedule 1 – BragBux

General
- This Schedule 1 applies to your participation in the BragBux reward program provided by us via the Platforms (Program). Under the Program, Program Members can access Rewards by earning and using BragBux.
- Membership is free and you can sign up to be part of the Program via any Platform.
- You must not share your Program account with any other person or have multiple Program accounts.
Earning BragBux
- You’ll earn BragBux by undertaking eligible activities, as notified to you via the applicable Platform (Eligible Activities).
- We may change the Eligible Activities from time to time in our discretion. In addition, the number of BragBux that can be earned for each Eligible Activity is subject to change in our discretion.
- You will not earn BragBux on purchases made using BragBux as a payment method.
Revocation of BragBux
- We may remove from your account any BragBux:
  (a) credited for which you were not eligible, including any BragBux that were credited to your account incorrectly; and
  (b) where we believe (acting reasonably) that BragBux were earned through or in connection with any fraud, abuse of any Platform or in violation of these Terms of Use.
Redeeming BragBux
- Where you have sufficient BragBux you can elect to convert these to a Reward.
- Rewards are not redeemable for BragBux and BragBux have no cash value.
- Redemption of available Rewards may be subject to:
  (a) third party suppliers;
  (b) availability; and
  (c) additional terms and conditions, which may change from time to time without notice to you.
- Once you have converted your BragBux and selected a Reward, those BragBux are removed from your Program account and will not be refunded.
- We are not responsible for any loss caused as the result of Rewards having been exhausted or no longer being available, or as the result of a fraudulent redemption of BragBux by an unauthorised person.
- We may receive a payment from BragBux Partner for certain Rewards offered.
Changing or removing Rewards
- We may at any time and without prior notice to you withdraw, modify, or cancel:
  (a) the Rewards offered to or advertised as being potentially available for redemption; and/or
  (b) the advertised terms of a Reward.
- Program Members acknowledge that:
  (a) Rewards may be of limited stock or subject to capacity controls by their suppliers;
  (b) Rewards may be offered for a limited time; and/or
  (c) Rewards may be subject to the terms and conditions of their suppliers.
Transferring BragBux
You cannot transfer BragBux to any other person or account.
Expiry
Where you haven’t redeemed BragBux after 12 months, these may expire if determined by us in our discretion.
Suspension or Termination of Program
- We give no warranty as to the continuing availability of the Program.
- We may terminate or suspend the Program at any time. Where possible, we may give notice to you of such termination or suspension.
Suspending or ending your Program account
- We may end or suspend your Program account immediately if we reasonably believe you’re misusing BragBux or any Platform (including if your use is unacceptable, unreasonable, fraudulent, or illegal, or if you otherwise breach your obligations under the Terms of Use. If we end your Program account, your BragBux will expire.
- A Program account will terminate automatically upon your death. All BragBux earned but not yet redeemed prior to the death will be cancelled with effect from the date of death. We will close the applicable account on notification of death.
- You may also terminate your Program account at any time by contacting a Platform.
- BragBux will not be recredited where you choose to re-open a Program account or re-sign up to the Program.
- We will not be liable to you for the termination of the Program for any reason whatsoever, including (without limitation) for any BragBux in your account at the time of termination.
Australian Consumer Law
- There is no exchange or refund available if you change your mind or make the wrong Benefit selection. This paragraph does not limit your rights under the Australian Consumer Law.
- Should you return a product under a consumer guarantee, your BragBux will be returned in approximately 10 business days.
Assignment and transfer of rights
- We may assign or transfer any or all of its respective rights or obligations under this Schedule or regarding the Program, in whole or in part, without obtaining your prior consent.
Definitions
- In this Schedule, unless the context otherwise requires:
  BragBux means points you can redeem in exchange for certain Rewards.
  
  BragBux Partner means an entity/supplier with whom we have an agreement allowing Program Members to redeem BragBux for goods or services.
  
  Program has the meaning given to that term in clause 1.1.
  
  Reward means a product or service available for redemption using BragBux.
- Capitalised terms used but not defined in this Schedule have the meaning given to them in the Terms of Use or our Privacy Policy, as applicable.