Terms and Conditions

Key terms summary

This summary is designed to help you understand important parts of the Terms of Use. It highlights provisions that may affect your rights and obligations. You should read this summary together with the full Terms of Use. Key terms that you should be aware of in accessing and using the App are:

Limits on liability: Our liability to you is limited. Nothing in the Terms affects your non-excludable rights under the Australian Consumer Law. Subject to those rights, our total liability for all claims is capped at the greater of the fees you paid us in the previous 12 months or USD100, and we are not liable for indirect or consequential loss (such as loss of profits, revenue, goodwill, anticipated savings, or data). You must review and verify any App outputs before relying on them.

How we use and share your data: Our handling of personal information is described in our privacy policy. To operate the App, we integrate with and use third-party services and providers. We may collect, use and disclose your personal information to those third parties (including cloud hosting, analytics, integrations you enable, and support providers) for purposes connected with providing and improving the App, complying with law, and operating our business. Some disclosures may allow you to be identified. Where the App connects to third-party platforms you choose to enable, your data will be shared with those platforms in accordance with their terms and privacy policies.

Use of your content for AI model improvement: We may use your content to improve our AI models and features. Unmodified message content that includes personal information is only used to improve your experience. Only de-identified data is used to improve the service for all users. You can opt out of this broader model improvement in the App, though basic feedback you provide (such as thumbs up/down) may still be used.

Content retention and deletion: User Content is generally deleted from the App once it is more than six months old and will be deleted within seven days after your account is cancelled. You can delete your content at any time in the App.

Fees:You must pay subscription fees in advance for each billing period, unless you are within a stated free trial. If you do not cancel before the trial ends, standard subscription fees apply automatically. We may change fees on at least 30 days’ notice, effective at the end of your subscription period. Credit card surcharges may apply, as notified at checkout.

Auto-renewal: Your subscription will auto renew for the same period unless you tell us otherwise. We will notify you at least 30 days prior to such date of auto-renewal.

Suspension:We may temporarily suspend access to the App for maintenance, security or other operational reasons. If we discontinue the App, we will give at least 60 days’ notice and refund any fees paid in advance for unused periods.

Cancellation and exit fees: You can cancel your subscription in the App at any time. We may suspend or cancel your access for breach, and we may discontinue the App on prior notice with a refund of any unused prepaid feesWe do not charge exit fees or early termination fees. If you cancel your subscription due to a detrimental change to the Terms or the App, you will receive a pro rata refund of fees paid for the period after cancellation. Otherwise, cancellation takes effect at the end of your current billing period and fees already paid are non-refundable.

1. Terms of use

(a) In these Terms of Use, “we”, “us” and “our” means Punchcard Operations Pty Ltd (ABN 69 688 081 781) of Suite 3 Level 2, 1 Woolworths Way, Bella Vista, NSW 2153. Please read these Terms of Use carefully as they apply to your use of the ‘Punchcard’ mobile and web-based application, and its associated website (https://punchcard-web-seven.vercel.app/), including any content on the mobile or web-based application or website (collectively, the App). By accessing or using the App you agree to be bound by these Terms of Use.

(b) We may revise these Terms of Use from time to time, and we will provide You with at least 30 days’ notice prior to such revisions taking effect when we do so (unless we are unable to provide such or any prior notice where such revisions are required for us to comply with applicable laws). We will display a notice on the App indicating when any such revisions have been made. If the revision is a Detrimental Change (as defined in clause 6(a)) with which you do not wish to agree, you can cancel your subscription at any time in accordance with clause 6(a).

2. Access to the App

2.1. Registration

(a) You are required to register to use the App. You must be at least 18 years of age to register.

(b) When you register to use the App, you may enter a user name and password which is personal to you. You must ensure that your registration details are true and accurate at all times. You may change your password at a later stage.

(c) You must keep any user name and password that you select private and confidential, and not disclose them to any other person. If you have lost or forgotten your password, or you have reason to suspect any unauthorised use of your password, you must immediately reset your password on the App.

(d) You acknowledge and agree that we are entitled to treat the actions of any person who accesses and uses your account using your password as being authorised by you. We are not liable for any loss or damage which you incur to the extent such loss or damage would not have been incurred had you used a complex password and utilised all security features of the App.

2.2. General restrictions

In using the App, you must not:

(a) knowingly provide us with inaccurate or incomplete information or information that you reasonably ought to know is inaccurate or incomplete, or impersonate any person or entity;

(b) violate any applicable laws, or use the App for any purpose that is unlawful;

(c) knowingly distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any mobile, smart device or computer hardware or software;

(d) send spam or similar unsolicited messages or communications;

(e) breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, regulator or any communications network services provider; or

(f) engage in any other conduct that inhibits any other person from using or enjoying the App.

2.3. Support

(a) Whilst we endeavour to make the App available at all times, your access to the App may be affected by network or equipment capacity, connection availability, scheduled or unscheduled downtime for maintenance or development purposes, interruptions which generally affect the internet, or other reasons referred to in paragraph (d). If interruptions or errors occur due to circumstances within our control, we will try to resolve them in a timely way in order to restore your access.

(b) If you experience any technical problems, you must make all reasonable efforts to investigate and diagnose such problems before contacting us. If you still need technical help, please check the support provided on the App, or failing that, email us at info@punchcard.com.

(c) We may monitor your use of the App at any time without notice, but we are not required to do so.

(d) We may also temporarily limit or suspend your access to the App, with immediate effect, where it is reasonably necessary, including for security, maintenance or public safety reasons, if you exceed any acceptable use or other limits notified to you in the App, or if there are interoperability, data protection or other operational or technical reasons, and where practicable, we will notify you in advance. We will reinstate your access to the App as soon as reasonably possible after the circumstances giving rise to the limitation or suspension have been rectified. If we suspend access under this paragraph (e) for reasons not caused by you for more than 1 day in any month, you may seek a pro-rated refund or credit of fees paid.

2.4. Changes to the App

You acknowledge that the App is provided under a software-as-a-service model and we may from time to time vary, modify or discontinue, temporarily or permanently, the App, including the features and/or functionality of the App and adding or removing the availability of integrations with Third Party Services (as defined in clause 3(a)). This may be required to address things like security or regulatory compliance, or to otherwise evolve or improve the overall service, or where we enter into or exit an agreement with the provider of a Third Party Service. We will provide you with at least 30 days prior notice when we do so, except if an urgent change is required to address security or regulatory concerns, in which case we will provide you as much notice as is practicable. If the change is a Detrimental Change (as defined in clause 6(a)) with which you do not wish to agree, you may cancel your subscription in accordance with clause 6(a).

3. Third Party Services and User Content

(a) To use the App’s features, you may need to authorise the App to integrate with and/or access your email, messaging, storage, identity, AI, and other services or platforms provided by third parties (such as WhatsApp, Gmail, Slack, LinkedIn and Instagram), and your corresponding accounts and data (Third Party Services). We do not control and are not responsible for Third Party Services, their availability, performance, security, data handling, terms, policies, or practices. Your use of Third Party Services is governed by their terms and privacy policies, and you are responsible for complying with them.

(b) The App ingests the content of emails, text and other communications received and sent by you, including images, material, data, meta data and other related content from those Third Party Services and also processes any prompts or other content that you input into the App (User Content).

(c) When you authorise the App to connect to a Third Party Service, you grant us permission to connect to and ingest and access User Content from that Third Party Service and when authorised or enabled by you, to send communications via that Third Party Service. The App’s ability to ingest or access User Content from Third Party Services may be subject to or limited by our ability to integrate with the Third Party Service, and to any data use restrictions, data use, fair use or acceptable use policies or similar imposed by the provider of the Third Party Service, which are out of our control and may impact your ability to use the App as intended in relation to the relevant Third Party Service.

(d) You are solely responsible for obtaining any required consents and authorisations required from any persons who send communications to your Third Party Services which you have connected to the App in the manner described in these Terms of Use. You must not use the App in a manner that violates any terms governing Third Party Services or any applicable laws or rights of others.

(e) You must not provide or allow to be ingested into or accessed by the App any User Content that:

(i) infringes the intellectual property or other rights of another person;

(ii) is sensitive information (as defined in the Privacy Act 1988 (Cth)) about a person other than you;

(iii) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iv) would harm, abuse, harass, stalk, threaten or otherwise offend;

(v) relates to unlawful conduct or illegal business activity, would breach any applicable laws, or would otherwise result in civil or criminal liability for you, us or any third party

(vi) creates a privacy or security risk to any person;

(vii) is designed to unlawfully intercept or interfere with any communication;

(viii) solicits money from any person;

(ix) is false, misleading or deceptive;

(x) would harm, abuse, harass, stalk, threaten or otherwise offend any person;

(xi) would reflect negatively on us, including our goodwill, name and reputation;

(xii) tampers with, hinders the operation of, or makes unauthorised modifications to the App;

(xiii) relates to unlawful conduct, would breach any applicable laws, or would otherwise result in civil or criminal liability for you, us or any third party.

(xiv) would breach any applicable laws or cause us to be in breach of any applicable laws; or

(xv) would otherwise result in civil or criminal liability for you, us or any third party.

(f) By providing any of User Content or allowing the App to ingest or access User Content, you:

(i) grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, store, transmit, copy, adapt, publish, display, modify, de-identify, analyse, translate, create derivative works from and otherwise do and authorise the doing of all acts comprised in the copyright in User Content in any form or on any medium, for the purposes set out in our privacy policy, and for the purpose of:

(A) providing, modifying or improving the App;

(B) subject to paragraph (g) below, training, developing and improving models and algorithms used in connection with our App or potential new applications or products (Model Enhancement);

(C) acting in accordance with your instructions, including with respect to integrated third party services; and

(D) complying with law and operating our and our related body corporate’s business; and

(ii) warrant that you have the right to grant such licence.

(g) When we use User Content for the purposes of Model Enhancement we will do so strictly in accordance with the following:

(i) unmodified message content containing personal information is only used for Model Enhancement for you in connection with your use of the App, and not for any other users or our business more broadly; and

(ii) only de-identified content is used for Model Enhancement for the benefit of all users or our business more broadly. You may opt-out, using functionality in the App, of use of User Content for this purpose, but note that we will still retain and use basic feedback you provide us (e.g., “thumbs up/down” on outputs).

(h) You will indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from and against any claim, loss, expense or liability suffered or incurred by us, arising directly out of or in connection with any claim made against us by any third party arising out of our use of User Content in accordance with these Terms of Use, including that such use infringes their intellectual property rights, provided that your liability under this indemnity will be proportionately reduced to the extent we cause or contribute to the relevant claim, loss, expense or liability.

(i) All User Content is permanently deleted from the App as soon as it is more than 6 months old.

4. Specific warnings and disclaimers regarding Outputs and App use

(a) In these Terms of Use, Outputs means any content generated or suggested by the App, including summaries, classifications, prioritizations, search results, and drafted or suggested responses to communications.

(b) The App uses artificial intelligence and machine learning to read, analyse, summarize, prioritize and search User Content to generate Outputs, including, unless disabled by you in the App, to model your writing style and tone. Outputs may inadvertently replicate any errors, inaccuracies, biases or styles in any User Content used to generate them. The use of artificial intelligence or machine learning to generate Outputs also means that they may contain errors or be inaccurate, incomplete, misleading, inappropriate, or otherwise unreliable and may not reflect your intent or preferences. You must carefully review and verify all Outputs before using, relying on, sharing, or sending them. Accordingly, to the extent permitted by law, we do not:

(i) give you any assurances that any Outputs will meet your requirements or be suitable for your purposes; or

(ii) accept responsibility for loss suffered as a result of your reliance on the content of Outputs.

(c) The App does not automatically send messages. You remain responsible for your communications, including those made via the App or using Outputs, and any consequences arising from them, and must ensure your communications and their contents are lawful, accurate, not deceptive, and are compliant with all applicable laws and otherwise comply with these Terms of Use. You are responsible for approving, editing, and sending any communications and for ensuring that recipients and content are appropriate and lawful. You are responsible for providing any required notices to and obtaining any required consents from recipients and for honouring any opt-out or do-not-contact requests.

(d) The App may allow you to search User Content. Search results and prioritisation are probabilistic and may be incomplete or incorrect. Messages may be misclassified, omitted, or surfaced out of context. You remain responsible for reviewing your communications and should not rely solely on the App to identify important, urgent, time-sensitive or similar messages.

(e) The App is not designed or intended for use as a substitute for accounting, legal or any other advice and must not be used for that purpose. The Outputs do not constitute the provision of ‘personal advice’ or ‘general advice’ as those terms are defined in the Corporations Act 2001 (Cth) and Corporations Regulations 2001 (Cth).

5. Intellectual property rights

(a) The App is subject to copyright and possibly other intellectual property rights.

(b) We grant you a limited, non-transferable licence to access and use the App solely for your personal or internal business purposes.

(c) We do not assert ownership of Outputs, other than where our content is included in your Outputs.

(d) You can use Outputs for your personal use, subject to these Terms of Use.

(e) Outputs may be similar to content generated for others and may inadvertently reproduce elements from training data or inputs. We do not screen Outputs for these considerations, but you should ensure that Outputs you elect to send to third parties comply with law and do not infringe the rights of any third party. We make no representation that Outputs are unique.

(f) We (or our licensors) retain all right, title, and interest in and to the App, and nothing you do on or in relation to the App will transfer any intellectual property rights to you or (except for the licence referred to in paragraph (b)) permit you to exercise any intellectual property rights unless this is expressly stated.

(g) We will indemnify you and hold you (including any of your directors, officers, employees and contractors) harmless from and against any claim, loss, expense or liability suffered or incurred by you, arising directly out of any claim made against you by any third party that your use of the App (excluding any Outputs) in accordance with these Terms of Use infringes their intellectual property rights, provided that our liability under this indemnity will be proportionately reduced to the extent you cause or contribute to the relevant claim, loss, expense or liability.

(h) Except as provided in these Terms of Use, any use or copying of the App or information or content related to the App for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at info@punchcard.com if you wish to seek such consent.

(i) You must not do any of the following, and you must not allow or permit any other person to do the following:

(i) copy, modify or create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of or in connection with the App;

(ii) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the App; or

(iii) use or refer to the App in developing any competitive good or service.

(j) You grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate into the App any suggestion, enhancement request, recommendation, correction or other feedback you provide to us or any of our personnel relating to or in connection with your use of the App.

6. Suspending or cancelling access

(a) You may cancel your registration for any reason at any time by following the prompts in the App. Such cancellation will take effect:

(i) immediately if you notify us that you are cancelling due to the occurrence of either or both of:

(A) any revision to these Terms of Use that is detrimental to you or which imposes additional obligations upon you; or

(B) any change to the App which removes a feature or function that you had access to before the change, including removing the ability to integrate with any Third Party Service, or places a new restriction on your use of the App,

which in each case is required by us and to which you do not wish to agree (being a Detrimental Change). In such case, you will be entitled to a pro rata refund of any subscription fees you have paid in respect of the period following such cancellation; or

(ii) in any other circumstance, at the end of the then-current subscription period, although you can cease use of the App at any time.

(b) You may disconnect any Third Party Service from the App at any time if you no longer wish for the App to ingest or access User Content from such Third Party Service, but if you do so you will no longer be able to use the App’s functionality in connection with that Third Party Service.

(c) We may immediately suspend or cancel your registration, either temporarily or permanently, if you breach any of these Terms of Use. If we suspend your use of the App or cancel your registration, you must cease accessing and using the App and, in the case of cancellation, these Terms of Use will be terminated, including the licence granted to you in section 5(b).

(d) We may cancel your subscription and access to the App at any time by giving you at least 60 days prior notice if, in our sole discretion, continuing to provide the App to you is no longer commercially viable or we otherwise discontinue the App. If we do so, we will refund to you any fees paid in advance for a period

(e) We will delete User Content within 7 days of your registration being cancelled.

(f) You may also delete any of User Content from the App at any time by following the prompts in the App. We will not retain any of User Content that you delete from the App and we are not in any way responsible for any loss of User Content, or any other loss or damage, arising from or in connection with your deletion of User Content.

7. Trial use and paid subscriptions

7.1. Free trial

(a) From time to time, we may offer you a free trial when you sign up for access to the App. If you sign up for a free trial, you are permitted a time-limited trial of the App (or a component of the App) in accordance with these Terms of Use and all applicable laws for the trial period notified to you when you sign up for the trial, without payment of any fees.

(b) You must input credit card details when you register to begin the trial but will not be charged for use of the App during the trial period. If you do not cancel your trial subscription before the trial period ends, you will automatically be charged and invoiced the subscription fee notified to you when you registered for the free trial.

7.2. Subscription fees

(a) Except for any free trial period, you must pay for the App in the manner specified in these Terms of Use and as described on the App. Unless otherwise expressly stated in the App, all fees are:

(i) in United States Dollars and inclusive of all goods and services and value added taxes;

(ii) payable in advance, commencing on the date of your registration and each monthly or yearly anniversary thereafter (based on the subscription period you select when registering or as nominated by you in the App after that time); and

(iii) non-refundable (unless otherwise specified in these Terms of Use).

(b) We will notify you prior to the end of your chosen subscription period ending that your subscription will automatically renew for a further subscription period of the same length and of the subscription fee you will be charged unless you cancel before your current subscription period ends. We will notify you at least 30 days prior to the auto-renewal date. If you are on an annual subscription we will also notify you a second time not less than 10 days prior to the auto-renewal date. If you do not cancel your subscription before your current subscription period ends, your subscription will automatically renew and you will automatically be charged and invoiced the notified subscription fee for the renewed subscription period. If you are subscribed to an annual subscription annual and you cancel within 30 days after your subscription last auto-renewed, we will issue a pro rata refund of the fees paid for the period following cancellation to the payment method charged for your auto-renewal.

(c) For subscription or other recurring fees or charges, by entering your credit card details into the App, you agree to such fees and charges, and authorise us to charge that credit card in accordance with these Terms of Use for future fees and charges under these Terms of Use. You also consent that your credit card information will be saved and stored by us (or is service providers) for such future transactions.

(d) A surcharge may apply for the use of certain credit cards, in which case you will be notified at the time you enter your credit card details.

(e) Subject to you paying the subscription fee, we will provide our App to you in accordance with these Terms of Use and all applicable laws for the period of your chosen subscription.

(f) Invoices will be issued after we have successfully processed your payment from your credit card, for the subscription fee for your chosen subscription period.

(g) All invoices will be sent to the email address nominated on your account in the App.

7.3. Changes to subscription fees

(a) We may change the subscription fees at any time by providing you with at least 30 days’ notice unless the subscription fees are reduced in which case no minimum notice period applies. Such changes will apply at the end of your then current subscription term.

(b) If you are not happy with any such changes to the subscription fees, you may cancel your subscription in accordance with clause 6(a), with such cancellation taking effect at the end of your current subscription term.

8. Limited warranties and liability

(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms of Use and the App that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.

(b) In particular, and without limiting paragraph (a):

(i) while we endeavour to provide convenient and functional App, we do not guarantee that your requirements will be met, or that your use of the App will be uninterrupted, error free, or that the App is free of viruses or other harmful components;

(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from the App which occurs outside of our computer systems (such as those which occur while being sent over the internet);

(iii) we do not undertake checks to verify and do not warrant the accuracy, adequacy or completeness of Outputs; and

(iv) we do not undertake to keep the App updated.

(c) We recommend that, to the extent possible, you install and use up-to-date anti-virus, anti-spyware and firewall software on your mobile phone, computer or other device you use to access the App and that you regularly backup User Content.

(d) Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

(e) If any guarantee, term, condition or warranty is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to is limited to one or more of the following at our option:

(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, each party’s maximum aggregate liability to the other party for all claims under or relating to these Terms of Use or the App is limited to an amount equal to the greater of total subscription fees you have paid to us in the 12 month period immediately prior to the first such claim, and USD100. This clause does not apply to limit your liability for breach of clauses 3(e) or 3(f)(ii) or either party’s liability under any indemnity under these terms of Use, each of which is unlimited.

(g) Subject to any obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, the parties are not liable for, and no measure of damages will, under any circumstances, include:

(i) special, indirect, consequential, incidental or punitive damages; or

(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data.

(h) One party’s liability to the other party is diminished to the extent that the other party’s acts or omissions (or those of a third party) contribute to or cause the loss or liability.

(i) Each party must use its reasonable efforts to mitigate any loss it may suffer in connection with these Terms of Use.

(j) The exclusions and limitations of liability in this clause apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

9. Privacy policy

(a) In using the App, you may give us personal information.

(b) By using the App, you:

(i) must ensure that you are permitted to provide us with any personal information you provide to us (including in Your Content), and that you have made any disclosures or obtained any consents necessary under the Privacy Act 1988 (Cth) and any other privacy laws in Australia or any jurisdiction applicable to the use of the App in accordance with these Terms of Use; and

(ii) you grant us consent to collect, store, use and disclose such personal information as permitted by the Privacy Act 1988(Cth), any other applicable privacy laws, and/or our privacy policy, which can be found at [insert link].

(c) Subject to these Terms of Use, we will store and disclose personal information in various locations worldwide in connection with the provision of the App, including as as set out in our privacy policy.

10. Force Majeure

Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control. This may include any failure or outage experienced by our hosting provider. This clause does not apply to any failure to pay invoices.

11. General

(a) If you access the App via Apple App Store or Google Play, you acknowledge that Apple or Google is not responsible for providing any maintenance or support for the App, has no warranty obligation whatsoever with respect to the App, and is not responsible for any claims, losses, liabilities, damages, costs, or expenses related to the App. Apple and Google and their subsidiaries are third-party beneficiaries of these Terms as they relate to the App obtained through their stores.

(b) If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These Terms of Use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

(d) Nothing in these Terms of Use limit any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms of Use where such liability cannot be excluded (including under section 18 of the Australian Consumer Law). Subject to the foregoing, these Terms of Use constitute the entire agreement between us and you in relation to the App and the subject matter of these Terms of Use and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the App.

(e) Your use of the App is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the App, including sending you electronic notices.

(f) The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.

(g) No waiver, delay or failure by us to take any action will constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.

(h) The word “including” when used in these Terms of Use is not a term of limitation.