Terms of Use

The following Terms of Use are entered into by and between You and YouPay Pty Ltd (“Company,” “we,” or “us”).

Last Updated: July 25, 2024

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of youpay.co, youpay.ai, youpay.me and sub-domains (the “Site”), our mobile application (the “YouPay App”), and our related services (together with the Site and the YouPay App, the “Services”), whether as a guest or a Registered User.

Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. By agreeing to the Terms, you also agree to the relevant terms and conditions of any third-party merchant (“Merchant”) who is providing you with goods or services. If you do not want to agree to these Terms, including the agreements incorporated by reference herein, you must not access or use the Services.

1. MODIFICATION OF TERMS 

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms. By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

2. USE OF THE SERVICES; ACCOUNT SET-UP AND SECURITY

1. Eligible Users. The Services are offered and available to users who are 18 years of age or older. To use YouPay and access any Content, you must meet the following requirements: (1) be 18 years of age (or the equivalent minimum age in your home country) or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where the Service is available. You also confirm that any registration information that you submit to YouPay is true, accurate, and complete, and you agree to keep it that way at all times. If you do not meet the minimum age requirements, YouPay will be unable to register you as a user.

2. Account. In order to use certain features of the Services, you will need to register for an Account. By registering for an Account, you (a “Registered User”) agree to provide accurate, current, and complete Account information and to maintain and promptly update your Account information as necessary.

3. Authority. By creating an Account, you represent and warrant that you have all requisite capacity, power, and authority to enter into and perform your obligations under these Terms.

4. Account Usage. Users must not share their YouPay account credentials with anybody else. A YouPay account can only be managed and accessed by the individual who created the account. In the event that YouPay identifies an account that is accessed by anyone other that the individual that created the account, the account will be suspended immediately and all payments outstanding will be stopped pending review by YouPay. Should the account be deemed to be operating outside of YouPay’s terms the account will be closed and any outstanding payments will be refunded to the gifter”

5. Account Security. You are responsible for the security of your Account. You accept all risks of unauthorized access to your Account and the information you provide. You agree to immediately notify us if you discover or otherwise suspect any breaches of security related to your Account or the Services, including unauthorized use of your password.

6. Additional Information. We may require you to provide additional information and documents at the request of any competent authority or our third-party payment service provider (“PSP”) and/or in order to help us comply with applicable law, regulation, or policy.

3. PRIVACY POLICY 

Please refer to our Privacy Policy for information about how we collect, use, and share your personal information. By submitting your personal information through the Services, you expressly consent to the collection, use, and disclosure of personal information in accordance with the Privacy Policy.

4. CONTENT 

The contents on the Services (“Content”) are for general information purposes only. Any use of our Materials or information by another person or organization is at the user’s own risk. Further, the Company does not warrant or make any representations as to the expected results or outcomes of users of Content or the Service generally.

The Company and its employees, related parties, directors, officers, agents, volunteers, contractors, and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content or for its accuracy, currency, and completeness.

You agree to be solely responsible for the interpretation and use of any Content that you receive, communicate, or otherwise provide over or while using the Services.

1. 1. User Generated Content. “User Generated Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and Users. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable.

You hereby represent and warrant to YouPay that your User Generated Content:

1. 1. will not include any of the following items (“Prohibited Items”): Alcohol; Tobacco; Illegal substances; Items containing THC; Firearms; and Live animals.

2. 2. will not be false, inaccurate, incomplete, or misleading;

3. 3. will not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity, personality, or privacy;

4. 4. will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam, or privacy);

5. 5. will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing;

6. 6. will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors;

7. 7. will not be violent or excessively gory;

8. 8. will not contain hate speech, intimidation, or abuse of any kind targeting any individual, group, or institution;

9. 9. will not be purposefully designed to harm in any way, including financial harm with tactics such as chargebacks, fraudulent disputes, or fraudulent activity;

10. 10. will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

11. 11. will not represent you being employed or directly engaged by or affiliated with YouPay or purport you to act as a representative or agent of YouPay;

12. 12. will not create liability for YouPay or cause YouPay to lose (in whole or in part) the services of its ISPs or other suppliers;

13. 13. will not promote, glorify, or provide instructions for any form of illegal activity or harm;

14. 14. will not contain explicit or graphic descriptions or accounts of sexual acts, even if they are consensual and legal for adults;

15. 15. will not depict, promote or endorse exploitation, abuse, or harm of any group or individual based on age, gender, race, ethnicity, nationality, religion, sexual orientation, or disability;

16. 16. will not contain materials that encourage, promote, or glorify drug use or substance abuse;

17. 17. will not showcase or glorify any form of self-harm or harm to others, including but not limited to suicide, self-mutilation, or acts of violence;

18. 18. will not engage in the unauthorized sharing or dissemination of another individual’s personal information, photos, or videos without their explicit consent;

19. 19. will not contain, promote or share links to any services, platforms, or websites that host, distribute, or promote illegal or inappropriate content, including child exploitation materials, non-consensual pornography, or any form of human trafficking;

20. 20. will not contain anything prohibited by the PSP (for the avoidance of doubt, the PSP’s acceptable use and prohibited activities can be found at Stripe Restricted Businesses and Coinflow Terms of Service); and

21. 21. will abide by and remain compliant with the Terms of Service of the PSP (for the avoidance of doubt, the PSP’s Terms of Service can be found at:Stripe Connect Terms of ServiceCoinflow Terms of Service

22. 22. any other activity that YouPay may deem, in its sole discretion, to be unacceptable.

YouPay reserves the right, but not the obligation, to, at its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse, or remove this Content. YouPay further reserves the right to change the manner of any Content including formatting and edits. YouPay can also limit or revoke the use of the Service if you post objectionable Content.

As YouPay cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service, you may be exposed to content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will YouPay be liable in any way for any content, including any errors or omissions in any content or any loss or damage of any kind incurred as a result of your use of any content.

5. 5. CUSTOMER USE 

You agree to use the Services, including all features and functionalities, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the Service or Content contained on the Service. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly set out in these Terms) our Content.

6. 6. SPONSORSHIPS AND DONATIONS 

All payments made are non-refundable gift donations. They are not made in exchange for any goods, services, or benefits. You are donating out of goodwill to the recipient whose wishlist page you are contributing to. No user should expect any services or products in return for making a gift donation. You are expected to do your own research on the recipient of the gift donation before sending them any gift donations through YouPay. YouPay is not responsible for verifying the identity or authenticity of the wishlist page owners. All donations are at your own risk. All payments made are non-refundable, and by making a payment, you accept this risk.

Furthermore, by accessing the site and completing a payment for wishlist items that are indicated as a “Cash Gift”, You fully understand and acknowledge that YouPay will be sending the funds minus any Gifting Fees for the product directly to the User, and it is the User’s sole discretion as to what they will do with those funds. You acknowledge that you are sponsoring a product to be purchased from a User’s wishlist, and that it is up to the User to determine what they will do with the funds you provided to them with a specific donative intent.

When you make a donation through the Services, it is your responsibility to understand how your money will be used. YouPay is not responsible for, nor do we condone or affirm, any offers, promises, rewards, or promotions made or offered by Users. Any offers, promises, or rewards made by Users in connection to gift donations are expressly prohibited by YouPay and will result in account deactivation. We do not and cannot verify all of the information that Users may supply, nor do we represent or guarantee that gift donations will be used in accordance with the purpose prescribed by a User or in accordance with applicable laws.

7. 7. COMMUNICATIONS 

By using the Services, you consent to receive electronic communications from us (e.g. via email, posting notices to the Services, via app notifications and SMS). These communications may include notices about your Account and are part of your existing relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications,. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

8. 8. LIMITED LICENSE 

You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, “as-is” license to access and use the Services and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to

1. 1. sell, resell, or use commercially the Services;

2. 2. distribute, publicly perform, or publicly display any content;

3. 3. modify or otherwise make any derivative uses of the Services, or any portion thereof;

4. 4. use any data mining, robots, or similar data gathering or extraction methods;

5. 5. download (other than page caching) any portion of the Services, except as expressly permitted by us; and

6. 6. use the Services other than for their intended purposes. This license is subject to your compliance with Section 10 below.

9. 9. EXTERNAL SITES 

The Services may include hyperlinks to other websites, including those of our Merchants, or resources (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for their availability, accuracy, content, advertising, products, or services, and that we do not endorse any advertising, products, or other materials on or made available from or through any External Sites.

Furthermore, you acknowledge and agree that we are not liable for any loss or damage that may be incurred as a result of the availability or unavailability of the External Sites or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products, or other materials on or made available from any External Sites. Further, you acknowledge and agree that YouPay has no obligation to monitor, review, or remove links to External Sites, but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion.

The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. YouPay expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold YouPay harmless from any liability that may result from the use of links that may appear on the Services.

10. 10. PROHIBITED USES AND PROHIBITED ACTIVITY 

You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Services or any other systems or networks connected to the Services, or otherwise attempt to interfere with the proper functioning of the Services. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

In addition, you agree not to and will not assist another to:

1. 1. reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, in whole or in part, except as expressly permitted by us;

2. 2. upload, post, or store any materials or images that directly or indirectly contain viruses, inappropriate or illegal material, nudity, corrupted files, or any other similar harmful mechanism;

3. 3. link to, mirror, or frame any portion of the Services without our prior express written permission;

4. 4. scrape, index, survey, or data mine any portion of the Services or unduly burden or hinder the operation of the Services; or

5. 5. remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed version thereof.

Users of YouPay agree not to use the Services in any manner contrary to our list of Prohibited Activities and acknowledge that this list is not exhaustive, and at any time, YouPay, at its sole discretion, may require a User to update their account or face deactivation.

It is prohibited for Users to collect or send funds with the implicit or explicit purpose of facilitating potential illegal or prohibited activities. Such activities may include any exchange of goods or services between the Users. YouPay only allows the sending of gift donations to our Users with donative intent and complete knowledge that nothing may be requested or expected by the User.

The Services must not be used to share or distribute materials of an obscene nature, such as images depicting nudity or direct sexual acts. YouPay disallows the proposition, sale, collection, or acceptance of funds related to illegal adult content or services that have a sexual implication, like prostitution.

By accessing the Services, Users acknowledge they won’t utilise the Services to trade any goods or services or gain access to such in return for gift contributions made by Users. Users accept and concur that, if they use YouPay to transact gift funds for goods or services, YouPay has the exclusive right to deactivate their account promptly.

Through the utilisation of the Services, Users clearly understand and agree they have no entitlement or expectation to receive any service or item from other Users in compensation for gift donations. When gifting to a User, Users consent that their action is a deliberate choice, intending to make a gift to the YouPay User, with no expectation of any return, be it a service or a product. In engaging with the site, Users consent to relinquish any anticipations of services or products linked to their gift contributions, as such exchanges are firmly opposed by YouPay.

YouPay reserves the right to review the use of the Platform, close a User’s account, or remove any Gift or User account if a determination is made that use of the Services violates the Terms.

11. 11. PAYMENT, DISPUTES, FEES, TAXES, and PAYOUT

As a User, payments and any other expenses must be paid through the “PSP” as indicated on the Services (which may include but is not limited to Stripe, Inc. and Coinflow Labs and their affiliates). You may be required to register with the PSP, agree to the terms of service of the PSP, provide your payment details to the PSP, and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that YouPay is not a party to the PSP Services Agreement and that you, the PSP, and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement, and that YouPay has no obligations, responsibility, or liability to any user or any other party under the PSP Services Agreement.

Returns, Cancellations, and Refunds All Users understand and agree that purchases and fees associated with their account are final and nonrefundable. We reserve the right to address any refund request at our sole discretion.

Disputes & Chargebacks YouPay utilizes certain software, fraud detection tools, and algorithms to minimize fraud risk and disputes and to protect our users. Occasionally, a chargeback request may be received by us for a payment made to a User. In all instances, we will aim to resolve the situation with the Users. If the chargeback is due to actual fraud and we are unable to recover the funds, YouPay reserves the right to debit the User some or all of the amount of the dispute or deduct these funds from future gifts to offset the fraudulent amount.

Fees YouPay may charge a Gifting fee in addition to the price of the gift set by the User.

Tax Compliance With respect to any Taxes applicable to the receipt of gifts, each User shall have sole responsibility and liability for all reporting and payment of such Taxes. As a YouPay User, you warrant that you will at all times comply with all laws and regulations relating to Taxes applicable to your use of the Services. If, at any point while you have a YouPay account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, inquiry, or investigation is commenced against you that is in connection with, or that may lead to, any occurrence of Tax noncompliance, you agree that you will notify us by email at [email protected] within seven days of the occurrence of the non-compliance or the commencement of the litigation, inquiry, or investigation (as applicable). YouPay is not responsible for advising you on your Taxes and will not be liable for any nonpayment of Taxes by YouPay Users.

Payment Processing By using the site, you acknowledge that YouPay uses a third-party payment processor. You acknowledge that to receive the funds for the items purchased off of your wishlist, you must set up your bank details with our third-party payment processor. Our third-party payment processor handles all transactions and is responsible for sending the funds to you upon processing completion. We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with the Site and/or Services. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

These changes should address concerns regarding plagiarism and should maintain the enforceability of the contract between the parties. Please review and ensure that all modifications are satisfactory. If you have any further questions or require additional changes, feel free to let me know.

12. 12. TERMINATION

1. 1. You Terminate. You may terminate these Terms at any time by cancelling your Account and discontinuing your access to and use of the Services. If you use the Services after cancelling your Account, you will be deemed to have agreed to the Services.

2. 2. We Terminate. You agree that we, in our sole discretion, and for any or no reason, may terminate these Terms and suspend and/or terminate your Account(s) on the Services without prior notice. You agree that any suspension or termination of your access to the Services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.

3. 3. Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Uses), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.

4. 4. Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Services or that is related to your Account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

13. 13. INTERNATIONAL ISSUES.

We operate the Services from Australia.

14. 14. DISCLAIMERS

THE SERVICES, CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES:

1. 1. WILL MEET YOUR REQUIREMENTS;

2. 2. WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR

3. 3. WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER

WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES OR ANY CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE CONTENT ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

15. 15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICES, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT (INCLUDING YOUR CONTENT) EXCEED THE GREATER OF

1. 1. $100 OR

2. 2. THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT IS THE SUBJECT OF THE CLAIM.

THE COMPANY IS NOT LIABLE FOR ANY ACTIONS OR ACTIVITIES THE MERCHANT DOES OR UNDERTAKES IN RESPECT TO ITS OWN PRIVACY POLICY OR ANY RELEVANT LAW. THE COMPANY IS NOT LIABLE FOR ANY ACTIONS OR ACTIVITIES OF THE MERCHANT THAT CONTRAVENE THAT MERCHANT’S OWN PRIVACY POLICIES OR RELEVANT LAW.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. 16. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to

1. 1. your use or misuse of the Services or User Content;

2. 2. any feedback you provide;

3. 3. your violation of these Terms;

4. 4. your violation of the rights of any third party, including another Registered User;

5. 5. any breach or non-performance of any covenant or agreement made by you;

6. 6. your User Content; or

7. 7. any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same).

You agree to promptly notify the Company of any third-party Claims and cooperate with the Company in defending such Claims. You further agree that the Company shall have control of the defense or settlement of any third-party Claims.

THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.

17. 17. LAWFUL USE, SANCTIONS AND ANTI-MONEY LAUNDERING

1. 1. By using YouPay, you warrant that you are not the subject or target of any sanctions administered or enforced by the Australian Government, the U.S. Government (including the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC) and the U.S. Department of State and including designation on the Specially Designation Nationals List maintained by OFAC), the United Nations Security Council, the European Union, His Majesty’s Treasury of the United Kingdom, the Foreign and Commonwealth Office of the United Kingdom or any other relevant sanctions authority (collectively, Relevant Sanction Authorities);
      You must not use YouPay for any unlawful purpose. Should you use YouPay for unlawful purposes, we may restrict you from accessing YouPay. Unlawful purposes include, but are not limited to:

      (a) the purchase of goods or services prohibited by the laws of Australia and/or the location where the Gift Card is being used or where the goods or services are provided;
      (b) the purchase of goods or services from a merchant sanctioned by the Relevant Sanction Authorities;
      (c) the purchase of goods or services in a location, region or country subject to sanctions by the Relevant Sanction Authorities.

18. 18. GENERAL

1. 1. Entire Agreement. These Terms, any applicable Supplemental Terms, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Services, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Services, whether oral or written.

2. 2. Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of the Company and you and are not intended to confer third-party beneficiary rights upon any other person or entity.

3. 3. Independent Contractor. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other.

4. 4. Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

5. 5. Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

6. 6. No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.

7. 7. Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the Queensland, Australia and the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule.

8. 8. Venue. Subject to Section 19, any legal action or proceeding arising under these Terms will be brought exclusively in the Queensland, Australia and we and you irrevocably consent to the personal jurisdiction and venue there.

9. 9. Notices. We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the Services. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

10. 10. Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, a Provider, or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

19. 19. CONTACT

15b, 10 Old Chatswood Road

Springwood, QLD 4127 AUSTRALIA

[email protected]

20. 20. DISPUTE RESOLUTION – US RESIDENTS ONLY

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

1. 1. Choice of Law; Venue. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of California, and waive any objection to such jurisdiction or venue.

2. 2. Statute of Limitations. Any claim under these Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.

3. 3. Binding Arbitration. In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, you and the Company agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, the Company’s Privacy Policy, or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms (each, a “Dispute”). YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND THE COMPANY UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO BELOW. Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision. Nothing in these Terms, including the paragraph directly above, will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim (collectively, “Excluded Disputes”).

4. 4. No Class Arbitrations, Class Actions or Representative Actions. YOU AND THE COMPANY 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 (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, California Labor Code § 2698 et seq. WHICH ARE NOT COVERED BY THIS SECTION 14). Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

5. 5. Federal Arbitration Act. You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent not prohibited by applicable law.

6. 6. Notice; Informal Dispute Resolution. You and the Company agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within 30 days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by certified mail or courier to YouPay Attn: Dispute Resolution, 15b, 10 Old Chatswood Road, Springwood, QLD 4127 AUSTRALIA. Your notice must include:

1. 1. your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted;

2. 2. a description in reasonable detail of the nature or basis of the Dispute; and

3. 3. the specific relief that you are seeking.

Our notice to you will be sent electronically and will include:

1. 1. our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute;

2. 2. a description in reasonable detail of the nature or basis of the Dispute; and

3. 3. the specific relief that we are seeking.

If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or the Company may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for in Section, file a claim in court.

7. 7. Process. Except for Excluded Disputes, you and the Company agree that any Dispute must be commenced or filed by you or the Company within the applicable statute of limitations period, otherwise the underlying claim is permanently barred. You and the Company agree that:

1. 1. any arbitration will occur in the State of California, San Francisco County (“Seat”);

2. 2. arbitration will be conducted confidentially by a single arbitrator in accordance with Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA; and

3. 3. that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, San Francisco County, have exclusive jurisdiction over the enforcement of an arbitration award.

If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at the Seat, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted:

1. 1. solely on the basis of documents submitted to the arbitrator;

2. 2. through a non-appearance based telephone hearing; or

3. 3. by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

8. 8. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have

1. 1. the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable; and

2. 2. the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.

The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

9. 9. Rules of AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either

1. 1. acknowledge and agree that you have read and understand the AAA Rules; or

2. 2. waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.

10. 10. Severability. If any provision of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms or your use of the Services. If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.

11. 11. Opt-Out Right. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by writing to [email protected]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and the Company will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.

PRIVACY POLICY

Last Updated: June 15, 2022

YouPay Pty Ltd (“YouPay,” “our,” “us,” or “we”) is committed to protecting the privacy and security of the information of our website visitors (“you”). We want you to understand how we collect and use information from our website youpay.co, youpay.ai, youpay.me and sub-domains (the “Site”), our mobile application (the “YouPay App”) and our related services, (together with the Site and the YouPay App, the “Services”) so you can interact with us with confidence. This Privacy Policy covers Personal Information collected directly on the Site, the YouPay App, and via email and/or in connection with the purchase of goods and/or services from a third-party merchant (“Merchant”) using the Services. By using the Services, you accept and agree to the practices this Privacy Policy describes. If you do not agree to any of the terms in this Privacy Policy, you should not use the Services.

What Information Do We Collect?

When you use our Services, whether directly or through a Merchant’s website or mobile application, we may collect, store, and process various kinds of data, including Personal Information about you. “Personal Information” refers to information about you that can be used to identify you, such as your name, address, telephone number, e-mail address, credit card information, or transaction information.

Specifically, we may collect, store, or process information when you:

Register for a YouPay account on the Services;

Purchase goods and/or services using the Services or on the website or mobile application of a Merchant;

Submit a form on the Site or the YouPay App;

Contact us with inquiries, including via an online form, by email, or by telephone;

Contact or communicate us by any other means;

Subscribe to our newsletter or otherwise sign up to receive communications;

Respond to a survey;

Enter contests or sweepstakes; or

Voluntarily provide information.

We may also collect:

Personal Information indirectly through Google Analytics, Facebook Pixels, and other common user tracking solutions to capture user session data; or

Anonymous usage data about our Service visitors, including the URL that the visitor came from, the browser being used, and the IP address.

We also reserve the right to collect anonymous usage data through other websites and online systems in order to provide you with a better user experience. See the section below called “How We Use Cookies” to learn more.

Why We Collect Information

We use your information for the following purposes:

To present our Services to you;

To manage your account with us;

To process transactions;

To personalize your experience;

To provide you with information, products or services, including customer service that you request from us;

To administer a contest, promotion, survey, or other Site feature;

To fulfill any other purpose for which you provide it;

To allow you to participate in any interactive features on our Services;

In any other way we may describe when you provide the information;

To improve our Services;

To perform analytics to learn about the behavior of our Service users;

To record information about your usage, preferences and behavior in relation to the Services, as well as any feedback provided by you;

When combined with the de-identified Personal Information of other > users (in which case such combined information will no longer be > personal) to analyze and develop products and services that suit > our users;

For any other purpose with your consent; or

To evaluate or conduct a merger, divestiture, restructuring, > reorganization, dissolution, or other sale or transfer of some or > all of our assets, whether as a going concern or as part of > bankruptcy, liquidation, or similar proceeding, in which Personal > Information held by us about our Site visitors is among the assets > transferred.

As a user of our Services, you may occasionally receive email, promotional material, or other updates from us about new information, briefings or products or services being offered by YouPay, or any of its related companies or business partners, or Merchants along with newsletters and any noteworthy changes to the Services. You may always unsubscribe and opt out from receiving these promotional/marketing update messages.

How We Use Tracking Technologies

We use cookies (small text files stored in your browser) and other techniques such as web beacons (small, clear picture files used to follow your online activities) (“Tracking Technologies”). Tracking Technologies collect information that tells us how you use our Site, web-related products and Services. The use of Tracking Technologies does not give us access to the rest of your computer.

This, in turn, helps us make our Services relevant to your interests and needs. We use a number of different Tracking Technologies, including functional, performance, advertising, and social media or content cookies. Please see the section “Choices About How We Use and Disclose Your Information” below for more information.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. Most browsers accept cookies automatically. You may be able to set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. For instructions, check your browser’s technical information. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly. However, you can still place orders over the telephone or by contacting customer service. Please note that cookie-based opt outs must be performed on each device and browser that you wish to have opted out.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can always opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to [email protected].

Promotional Offers from the Company. If you do not wish to have your e-mail address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by clicking the unsubscribe link in the promotional email. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Targeted or Interest-Based Advertising. We may work with third-party advertising companies that collect and use information about your online activities across sites over time, in order to deliver more relevant advertising when you are visiting the Site and elsewhere on the Internet. This practice is known as interest-based advertising. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy at: www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/, or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also opt-out of targeted advertising directly on the advertising platform by visiting https://www.facebook.com/settings/?tab=ads, https://www.google.com/settings/ads/anonymous, and https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. If you delete, block, or otherwise restrict cookies or use a different computer or Internet browser, you may need to renew your opt-out choice.

Google Analytics. We may use Google Analytics to improve our Site’s functions. You can choose not to be included in Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.

“Do Not Track” Requests

Our Site currently does not respond to “do not track” or similar signals.

How Do We Share Your Personal Information?

Other than disclosure to service providers and Merchants (explained below) or as required by law, we do not give Personal Information to third parties unless we have disclosed the use in this Policy or you have expressly consented for us to do so.

We may disclose your Personal Information as follows:

With affiliates, contractors, service providers, and other third-parties we use to support our business on a need-to-know basis to allow the provision of the Services to you or as requested by you;

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about the Website users is among the assets transferred;

To enforce any agreement, including any applicable terms of service;

To establish or exercise our right to defend against legal claims;

To law enforcement and other government authorities such as legislatures, courts, agencies and litigants if we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of governmental authorities; (b) comply with legal process; (c) respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) protect the security or integrity of the Services’ information systems; and/or (e) exercise or protect our rights, privacy, safety or those of affiliates, clients, you or others; and

If we reasonably believe disclosure is necessary or appropriate to protect the rights, property, or safety of YouPay or others.

We may also share Personal Information with Merchants for marketing purposes, including via Google Analytics and Facebook pixels. Access to and use of Personal Information by Merchants is governed by their own privacy policies and all applicable law. Merchants are required to provide you with access to their terms and privacy policies.

Payment Information

After you use our Services, any payment details and/or credentials you have used to purchase the goods and/or services from the merchant will not be stored, kept, or maintained by us.

How Do We Protect Your Information?

To protect your Personal Information, we take commercially reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. However, no data protection procedures are entirely infallible. As a result, while we strive to protect your Personal Information, we cannot guarantee that it will be 100% secure. Your transmission of your information to our Platform thus is done entirely at your own risk.

Third-Party Websites and Social Media

Our Site may contain links to other sites, including those of third parties or partners. While we seek to link only to sites that share our high standards and respect for privacy, we cannot be responsible for the privacy practices other websites use. By accessing other third party websites or applications through our Site, you are consenting to the terms and privacy policies of those websites. It is possible that other parties may collect personally identifiable information about your online activities over time and across different web sites when you use our Site.

Our Site may include social media features, such as Facebook “Likes” or “Recommend” buttons, Pinterest, Twitter, TikTok, Instagram, Snapchat, and YouTube. These social media features may require cookies to be set to function properly. These features may also collect Personal Information such as your IP address. These features are governed by the Privacy Policy of the social media platform. Please review the Privacy Policy of the social media platforms to learn how they protect your information.

Storage and Retention of Personal Information

All Personal Information collected is stored on secure servers in Australia and other data centers worldwide. By using the Services, you are consenting to the transfer of your Personal Information to other jurisdictions that may have different privacy laws and regulations than your jurisdiction.

We retain your Personal Information for as long as you maintain an open account with us of as otherwise necessary to provide you with our Services. In some cases, we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, regulation, or contract. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

California Visitors

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

European Union Visitors

Legal Basis for Processing

To process your Personal Information, we rely on the following legal bases:

For the performance of a contract we have with you (such as if you use the Services to request a product, we will use your information to fulfill that request).

For compliance with legal obligations to which we are subject (such as tax obligations and when we are obliged to comply with lawful requests from competent authorities, such as law enforcement).

For our legitimate interests (such as tailoring your experience with the Services and for fraud detection), provided that such processing does not outweigh your rights and freedoms.

The processing may also be pursuant to other applicable legal bases for data processing, as set forth in applicable law. To the extent a legal ground described above does not apply to processing of your Personal Information, we will seek your consent for such specific purpose in accordance with applicable law.

Your Rights

We want to make sure our European Union users are fully aware of all of your data protection rights. To the extent a specific element of our processing of your Personal Information relies upon your consent, you may withdraw such consent at any time with future effect. Such a withdrawal with not affect the lawfulness of the processing prior to the consent withdrawal.

Our users from the European Union are entitled to the following rights:

Access: you have the right to request copies of your Personal Information.

Rectification: you have the right to request that we correct any Personal Information about you that you believe is inaccurate. You may also request that we complete Personal Information that you believe is incomplete.

Erasure: you have the right to request that we erase your Personal Information, under certain circumstances.

Restrict Processing: you have the right to request that we restrict the processing of your Personal Information, under certain circumstances.

Object to Processing: you have the right to object to our processing of your Personal Information, under certain circumstances.

Data Portability: you have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you wish to make a request, please contact us by email: [email protected]. Please put “EU Data Subject Request” in the subject line.

You also have the right to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of the data protection authorities is available here.

Data Transfers

For transfers from the European Economic Area (EEA) to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. If you would like to obtain a copy of those measures, please contact us by email: [email protected].

Automated Decision Making

Automated decision making refers to a decision which is taken through the processing of your Personal Information with or without human involvement. This means processing using, for example, software code or an algorithm, which does not involve human intervention. We may use automated decision making to ensure that marketing materials are tailored to your preferences and to what we think you will be interested in. This does not have any significant effect, or a legal effect on you. In certain circumstances, it may be possible to infer certain information about you from the result of this decision making. Please note that you have certain rights in respected of automated decision making, including asking for certain automated decisions made without human involvement be reconsidered.

Users Only of Legal Age of Majority

Our Services are not intended for people under 18 years of age. If you are under 18, do not use or provide any information on this Services or on or through any of its features/register on the Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.

Review and Correction of Your Information

You may review and edit the information we collected about you at any time by contacting us at the addresses listed at the end of this privacy policy. If your information has been shared with a third party, as described elsewhere in this Privacy Policy, then that third party has received its own copy of your data. If you have been contacted by one of these third parties and wish to correct or delete your information, please contact them directly.

Privacy Policy Updates

We update the Privacy Policy from time to time, so please review it regularly. If we materially change our Privacy Policy, we will notify you by contacting you through your provided e-mail address or by posting a notice on our Site. Your continued use of our Site will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site and notify us that you do not want your information used in accordance with the changes.

Contacting Us

We welcome any questions, comments, or complaints you may have regarding this Privacy Policy. Please do not hesitate to contact us by email at [email protected] or by writing to us:

15b, 10 Old Chatswood Road

Springwood, QLD 4127 AUSTRALIA.

Gift Cards

We resell gift cards from various gift card platforms (Gift Card Platforms). Gift cards purchased from YouPay and distributed from a Gift Card Platform are distributed under the Privacy Policy, Terms of Service, and Terms of Sale of the respective Gift Card Platform.

Gift Card Platforms and links to their Privacy Policy, Terms of Service, and Terms of Sale can be found below.

Prezzee Pty Ltd – Privacy Policy -Terms of Service – Terms of Sale

Runa Network Limited – Terms Of Use – Privacy Policy

SMS Terms

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Message frequency varies. Message and data rates may apply.

Reply STOP to cancel or Opt-Out or email [email protected]. Carriers are not liable for delayed or undelivered messages.