Terms & Conditions of Use of 󠅍PU⁹⁴ by BTD Technologies Pty Ltd

Last Updated: 3 September 2023


PU⁹⁴ by BTD Technologies Pty Ltd ("Website," "we," "us" or "our") is an online platform that provides descriptive information, at different levels, through the use of artificial intelligence and databases of general subscription access and/or with customized databases; which knowledge base is provided and might be owned by the consumer. By using our Services, you agree to these Terms.


1. Registration and Access

You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials. 

If you do not agree to all the Terms, then you may not access or use the Website. We may revise and update these Terms from time to time, and your continued use of the Website means you accept those changes, so please check the Terms periodically for updates.


2. Usage Requirements

(a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

(b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

(c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use output from the Services to develop models that compete with PU⁹⁴ by BTD Technologies Pty Ltd; (iv) except as permitted through the API, use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (v) represent that output from the Services was human-generated when it is not or otherwise violate our Usage Policies; (vi) buy, sell, or transfer API keys without our prior consent; or (vii), send us any personal information of children under 16 or the applicable age of digital consent. You will comply with any rate limits and other requirements in our documentation. PU⁹⁴ by BTD Technologies Pty Ltd is currently geographically supported in Australia, to allow the use of services in other countries it must be explicitly communicated under writing consent; you may use Services only in geographies currently supported by PU⁹⁴ by BTD Technologies Pty Ltd

(d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

3. License Grant Knowledge Spheres

Subject to compliance with these Terms, and through the sign up in the any of the "Knowledge spheres", PU⁹⁴ by BTD Technologies Pty Ltd grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use.


4. Intellectual Property

The Website and its original content, features, and functionality are and will remain the exclusive property of PU⁹⁴ by BTD Technologies Pty Ltd and its licensors. The Website is protected by copyright, trademark, and other laws of both Australian and foreign countries. You agree not to reproduce, distribute, create derivative works from, publicly display, or otherwise exploit any of the Website's content, except as expressly authorised by us in writing.


4A Intellectual Property Rights in AI-Generated Content

4A.1 Ownership. The User acknowledges and agrees that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the artificial intelligence generated content provided through the Website (the "AI-Generated Content") are and shall remain the exclusive property of PU⁹⁴ by BTD Technologies Pty Ltd, its affiliates or licensors, as the case may be. The User shall not have or acquire any ownership, title, or interest in or to the AI-Generated Content, except the license rights are granted to the User in accordance with Clause 4A.2 by written consent.


4A.2 Grant of License. Subject to the User's compliance with this Agreement and any additional terms of use applicable to the Website, PU⁹⁴ by BTD Technologies Pty Ltd hereby grants to the User a non-exclusive, personal, perpetual, irrevocable, worldwide, royalty-free, and fully transferable and sub-licensable right and license to:


(a) use, reproduce, distribute, display, perform, transmit, and create derivative works from the AI-Generated Content, in any and all media formats, whether now known or hereafter developed;


(b) modify, adapt, translate, and alter the AI-Generated Content, as well as to incorporate the AI-Generated Content into other works, in any form, manner, or technology; and


(c) transfer or sublicense the rights granted herein to any third party, without the need to obtain any consent or authorization from PU⁹⁴ by BTD Technologies Pty Ltd or any other party, and without any obligation to compensate PU⁹⁴ by BTD Technologies Pty Ltd or any such party in any way.


4A.3 Attribution. The User shall give proper attribution to PU⁹⁴ by BTD Technologies Pty Ltd in connection with the use, modification, display, distribution, or exploitation of the AI-Generated Content, by prominently displaying a statement, such as "Generated by PU⁹⁴ by BTD Technologies Pty Ltd or "Content source: PU⁹⁴ by BTD Technologies Pty Ltd" in a manner reasonably acceptable to PU⁹⁴ by BTD Technologies Pty Ltd.


4A.4 No Implied License. The grant of rights to the User under this Clause 4A shall not be construed to confer upon the User any license, right or interest, by implication or otherwise, in any intellectual property, materials or proprietary rights not expressly granted or licensed under this Agreement.


4A.5 Reservation of Rights. All rights not expressly granted under this Agreement are reserved by PU⁹⁴ by (BTD Technologies Pty Ltd), its affiliates, or licensors, as the case may be. No additional rights or licenses may be implied or inferred by or on behalf of the User from any course of dealing, custom or usage or trade, or otherwise.


5. Disallowed usage of our models

We don’t allow the use of our models for the following:

  • Illegal activity

    • PU⁹⁴ by BTD Technologies Pty Ltd prohibits the use of our models, tools, and services for illegal activities.

  • Child Sexual Abuse Material or any content that exploits or harms children

    • We report Child Sexual Abuse Material to the National Center for Missing and Exploited Children.

  • Generation of hateful, harassing, or violent content

    • Content that expresses, incites, or promotes hate based on identity

    • Content that intends to harass, threaten, or bully an individual

    • Content that promotes or glorifies violence or celebrates the suffering or humiliation of others

  • Generation of malware

    • Content that attempts to generate code that is designed to disrupt, damage, or gain unauthorized access to a computer system.

  • Activity that has high risk of physical harm, including:

    • Weapons development

    • Military and warfare

    • Management or operation of critical infrastructure in energy, transportation, and water

    • Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders

  • Activity that has high risk of economic harm, including:

    • Multi-level marketing

    • Gambling

    • Payday lending

    • Automated determinations of eligibility for credit, employment, educational institutions, or public assistance services

  • Fraudulent or deceptive activity, including:

    • Scams

    • Coordinated inauthentic behavior

    • Plagiarism

    • Astroturfing, such as fake grassroots support or fake review generation

    • Disinformation

    • Spam

  • Adult content, adult industries, and dating apps, including:

    • Content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness)

    • Erotic chat

    • Pornography

  • Political campaigning or lobbying, by:

    • Generating high volumes of campaign materials

    • Generating campaign materials personalized to or targeted at specific demographics

    • Building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying

    • Building products for political campaigning or lobbying purposes

  • Activity that violates people’s privacy, including:

    • Tracking or monitoring an individual without their consent

    • Facial recognition of private individuals

    • Classifying individuals based on protected characteristics

    • Using biometrics for identification or assessment

    • Unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records

  • Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information

    • PU⁹⁴ by BTD Technologies Pty Ltd models are not fine-tuned to provide legal advice. You should not rely on our models as a sole source of legal advice.

  • Offering tailored financial advice without a qualified person reviewing the information

    • PU⁹⁴ by BTD Technologies Pty Ltd models are not fine-tuned to provide financial advice. You should not rely on our models as a sole source of financial advice.

  • Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition

    • PU⁹⁴ by BTD Technologies Pty Ltd models are not fine-tuned to provide medical information. You should never use our models to provide diagnostic or treatment services for serious medical conditions, the knowledge provided is mainly descriptive.

    • PU⁹⁴ by BTD Technologies Pty Ltd platforms should not be used to triage or manage life-threatening issues that need immediate attention.

  • High risk government decision-making, including:

    • Law enforcement and criminal justice

    • Migration and asylum


6. Content

(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms,  hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. PU⁹⁴ by BTD Technologies Pty Ltd may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for PU⁹⁴ by BTD Technologies Pty Ltd or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

(c) Use of Content to Improve Services. We do not use Content that you provide to or receive from our API (“API Content”) to develop or improve our Services. We may use Content from Services other than our API (“Non-API Content”) to help develop and improve our Services. If you do not want your Non-API Content used to improve Services, you can opt out by sending us an email requesting to upvote the following email address, info@btdengineering.org. Please note that in some cases this may limit the ability of our Services to better address your specific use case.

(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. 

(e) No Legal Advice or Attorney-Client Relationship

The content provided on the Website, including any legal documents, templates, or text generated through our artificial intelligence tools, is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship between you and PU⁹⁴ by BTD Technologies Pty Ltd. You acknowledge that the content on our Website does not cover all possible legal situations, and it might not be suitable for your specific legal matter. We strongly recommend you seek the advice of a qualified attorney licensed to practice in your jurisdiction for your particular situation.


7. Fees and Payments

(a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize PU⁹⁴ by BTD Technologies Pty Ltd and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in Australian dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement.

(b) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. PU⁹⁴ by BTD Technologies Pty Ltd uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.

(c) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.

(d) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact info@btdengineering.org within fifteen (15) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.

(e) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services.


8. Confidentiality, Security and Data Protection

(a) Confidentiality. You may be given access to Confidential Information of PU⁹⁴ by BTD Technologies Pty Ltd, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that PU⁹⁴ by BTD Technologies Pty Ltd or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to PU⁹⁴ by BTD Technologies Pty Ltd and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

(b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact PU⁹⁴ by BTD Technologies Pty Ltd and provide details of the vulnerability or breach.

(c) Processing of Personal Data. If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using the PU⁹⁴ by BTD Technologies Pty Ltd API for the processing of “personal data” as defined in the GDPR or “Personal Information” as defined in CCPA, please sent a mail to info@btdengineering.org to request to execute our Data Processing Addendum.


9. Term and Termination

(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 8 (Confidentiality, Security and Data Protection), 11 (Dispute Resolution) or 12 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 3 and 5-9.


10. Indemnification; Disclaimer of Warranties; Limitations on Liability

(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED AUSTRALIAN DOLLARS ($100 AUD). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


11. Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

(a) MANDATORY ARBITRATION. You and PU⁹⁴ by BTD Technologies Pty Ltd agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration. 

(b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against PU⁹⁴ by BTD Technologies Pty Ltd, you agree to try to resolve the dispute informally by sending us notice at info@btdengineering.org of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.

(c) Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. PU⁹⁴ by BTD Technologies Pty Ltd will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Melbourne, Australia or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, except a Victorian court has the authority to determine (i) the scope, enforceability, and arbitrability of this Section 11, including the mass filing procedures below, and (ii) whether you have complied with the pre-arbitration requirements in this section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

(e). Exceptions. This arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

(f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

(g) Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against PU⁹⁴ by BTD Technologies Pty Ltd or related parties by the same or coordinated counsel or entities (“Mass Filing”), ADR Services will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-10 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. If the parties are unable to resolve the outstanding claims during this time, the parties may choose to opt out of the arbitration process and proceed in court by providing written notice to the other party within 60 days after the Mediation Period. Otherwise, the remaining cases will be arbitrated in their assigned order. Any statute of limitations will be tolled from the time the Initial Test Cases are chosen until your case is chosen as described above.

(h) Severability. If any part of this Section 11 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow Mass Filing or class or representative arbitration, this Section 11 will be unenforceable in its entirety. Nothing in this section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator.


12. General Terms

(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and PU⁹⁴ by BTD Technologies Pty Ltd or any of PU⁹⁴ by BTD Technologies Pty Ltd  affiliates. PU⁹⁴ by BTD Technologies Pty Ltd and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

(b) Use of Brands. You may not use PU⁹⁴ by BTD Technologies Pty Ltd or any of its affiliates’ names, logos, or trademarks, without our prior written consent.

(c) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.

BTD Technologies Pty Ltd

—-address

Attn: General Counsel / Copyright Agent

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

(d) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 15 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.

(e) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email. PU⁹⁴ by BTD Technologies Pty Ltd accepts service of process at this email address: info@btdengineering.org. 

(f) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to PU⁹⁴ by BTD Technologies Pty Ltd and its affiliates, and PU⁹⁴ by BTD Technologies Pty Ltd shall have the right to seek injunctive relief against you in addition to any other legal remedies.

(g) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and PU⁹⁴ by BTD Technologies Pty Ltd regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and PU⁹⁴ by BTD Technologies Pty Ltd on that subject.

(h) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of Victoria, Australia excluding Victoria’s conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Melbourne, Victoria, Australia.