about

Terms and Conditions

about
about

Stamford Capital Australia Pty Ltd trading as comr8

1. REFERRALS, WEBSITE USE AND OUR SERVICES

1.1 GENERAL

a) References to “You” (you) may vary throughout these terms and conditions (Terms). If there is a
specific section that applies to you specifically, this will be expressly stated in these Terms, otherwise
a reference to “You” will apply to all users of the Website, Activities and Services equally.

b) These Terms govern:
(i) your use of comr8.com.au (Website);
(ii) the referral activities which are the same or similar to the referral activities set out in these Terms (the Activities); and / or
(iii) the services, including online content services (Services), of Stamford Capital Australia Pty Ltd (ACN 146 899 612) trading as comr8 or our Related Entities or Associates (both as defined in the Corporations Act 2001 (Cth) (the Corporations Act)) (us).

c) By using the Website, Activities and Services you agree to be bound by the Terms. Any disregard by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Website, Activities or Services. The Terms constitute the entirety of the terms and conditions of use with respect to the Website, Activities and Services unless otherwise expressly allowed for in writing by us.

d) We reserve the right to vary any of the Terms, or any other policy or guideline regarding the Website, Activities and Services, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Website, Activities or Services periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Website, Activities or Services constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Website, Activities or Services.

e) In the event of any inconsistency between these Terms and any other document which you receive from us, you agree that these Terms will prevail to the extent of such inconsistency.

f) Notwithstanding clause 1.1(e) you agree that your entitlement to use the Website is conditional on these Terms as well as the terms of any platform on which the Website is hosted (including but not limited to Amazon Web Services and Microsoft Azure), and that, in this regard, breach of the terms of such platform constitute a breach of these Terms, irrespective of whether such breach is consistent with, or contemplated by, these Terms.

1.2 INDEPENDENT STATUS

You and we agree and acknowledge that these Terms create a relationship between you and us which is solely that of a referrer and principal and not that of an employer and employee, principal and agent, franchisor and franchisee or any other joint venture, partnership or any other implied or expressed relationship, whether at law or in equity. You, including your officers and employees, are wholly independent of us and must not present yourselves as our agent or representative, of any type.

1.3 NON-EXCLUSIVE

You, including your officers and employees, acknowledge that you do not have an exclusive right to the grant of rights under these Terms. We are therefore free to engage other referrers to conduct the Activities in our absolute discretion.

2. REFERRAL FEES

2.1 PAYMENTS

Subject to clause 2.2, we will pay you:

a) an amount which is equal to twenty percent (20%) of the upfront commission payment which we receive in cleared funds in respect of a transaction you refer to us (a Prospect), which is final and binding, with a lender introduced by us to the Prospect (the Referral Fee);
b) the Referral Fee in respect of only the first final and binding loan between a Prospect, as a borrower party, and a lender introduced by us to the Prospect
c) the Referral Fee in accordance with these Terms; and
d) the Referral Fee in accordance with our referral procedures, as communicated to you from time to time.

2.2 EXCLUSIONS

You agree that you will not be entitled to any fees in relation to a Prospect:
a) if they are not a borrower party to the final, binding loan documentation with a lender which we have introduced to the Prospect;
b) if we do not become entitled to a commission payment in respect of a loan to a Prospect and we have received that payment in cleared funds;
c) which was not referred in accordance with these Terms;
d) which is already our client or a client of one of our Related Entities or Associates (both as defined in the Corporations Act);
e) which had been identified as a potential client by us, prior to the time that the Prospect was registered, by you, with us;
f) which had already been referred to us by a third party at the time the Prospect was registered by you;
g) if we are prohibited from making such payments to you at law; or
h) for any other reason, at our discretion.

3. YOUR OBLIGATIONS

3.1 WEBSITE AND SERVICES

a) Using the Website in accordance with these Terms will allow you to subscribe to our Services on an ongoing basis (the Subscription), subject to clause 7.
b) You acknowledge and agree that:
(i) the Services are provided in Australia for use within Australia;
(ii) the Services are intended to be used by persons in Australia and not other geographical
locations, including without limitation the European Union or the United Kingdom;
(iii) on agreement to these Terms, you will commence your Subscription and be given access
to the Website (your Account);
(iv) in order to use the Website you might be required to create an individual account for each user, which must comply with the account establishment protocols that are in use from
time to time, including, but not limited to, providing and confirming your name, mobile
number, email address and name of your employer / agency (User Profile);
v) you are required to input the details of any Prospects, including, but not limited to, providing and confirming their name, mobile number, email address, state of residence and property preferences (Prospect Profile) on the Website;
(vi) we are not responsible nor liable for any obligations that any third-party product supplier may have to you;
(vii) we may use the information that you provide on the Website in order to market and suggest Services and /or Subscriptions that may be appropriate for you;
(viii) any recommendations that we make are suggestions only, and that we make no warranty of any kind in relation to these suggestions as to Services and /or Subscriptions and you release us from all liability in this respect; and
(ix) we may, in our absolute discretion, elect to either provide or not provide Services to any
entities which are referred by you to us.
c) You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
(i) modify, discontinue, temporarily or permanently, your access, in whole or in part, to the
Website in whole or in part;
(ii) assign our interests outlined in these Terms;
(iii) run advertisements and promotions on the Website, and in this regard we will not be a
party to any dealings that you may have with any other entities as a result of these advertisements or promotions; and
(iv) freeze or terminate your access to the Website without prior notice to you.

d) You agree and acknowledge that the effect of the actions in subclause 3.1(c) might be that the functionality or provision of the Services is substantially reduced or removed, and / or that additional payments, by you, might be required for certain or all functionality.

3.2 ACTIVITIES

You agree and acknowledge that you:

a) will co-operate with us as required in all aspects of procuring the conversion of a Prospect to a Converted Prospect;
b) will not take any action that may cause a Converted Prospect to terminate their relationship with us or a lender introduced by us;
c) will ensure that all marketing, advertising or other promotional material which contains reference to us, our logo or products have been approved by us prior to publication by it;
d) will perform your obligations under these Terms at your own cost and you will not be entitled to be reimbursed for any out of pocket expenses incurred in connection with the performance of your obligations under these Terms;
e) will comply with all governmental laws, regulations and practices with respect to the performance of your obligations under these Terms;
f) will, if required by any relevant law or regulation, disclose to any Prospect that it will receive a payment from us for so procuring the Converted Prospect;
g) have deemed knowledge of all Prospects or Converted Prospects that are referred to us by your own officers, agents, contractors or employees;
h) will, if you are an employee, notify your employer immediately of the existence of these Terms and all Prospects or Converted Prospects which you refer to us;
i) are the sole owner of your User Profile and only you can retain, access and use your User Profile, which is not transferrable to any other entity or person; and have full responsibility for your User Profile and the Prospect Profile, and you must keep your User
j) Profile and the Prospect Profile in good, proper and fit-for-use condition.

3.3 PRIVACY

a) All information in respect of how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users, your User Profile and the Prospect Profile will be handled in accordance with our privacy policy (Privacy Policy, a copy of which is available at comr8.com.au/privacy-policy, and which may be updated from time to time by us).
b) If you elect to engage our Services, you might be required to provide us with further information (such as personal information) to include in the User Profile, Prospect Profile and / or in our electronic or physical records. This information will be handled in accordance with our Privacy Policy.
c) You agree to maintain the security of your password and to keep your User Profile and the Prospect Profile details correct and updated.
d) Information collected is not intended to be used to monitor behaviour of persons insofar as that behaviour is outside Australia, including without limitation the European Union or the United Kingdom.

4 WARRANTIES AND ACKNOWLEDGEMENTS

By using the Website, you, at all times:

a) warrant that your use of the Website does not violate any applicable laws and/or any other requirements;
b) confirm that you have elected to use the Website of your own free will;
c) will use the Website, in a respectful, inoffensive and courteous manner;
d) will use the Website at your own risk;
e) warrant that your use of the Website is for your own purposes;
f) acknowledge that your use of the Website may give access to, and foster your interaction with, third parties and their content, messages, images, or other materials;
g) agree and acknowledge that we, in order to power and maintain the Website, may use third party suppliers, and you agree that we are not responsible for, and release us from any liability regarding the third party supplier’s maintenance and background use of the Website or product or service offered or made available to you via the Website;
h) agree and acknowledge that we are not in any way responsible for, and cannot be held liable for your use of the Website that is provided to you, and you agree to release us from any liability in this regard;
i) agree and acknowledge that your use of the Website may result in data usage charges from your mobile or internet provider;
j) using the Website in accordance with these Terms may allow you to have access to and receive the Services. You will be able to receive the Services upon agreeing to these Terms; agree and acknowledge that we may obtain information from your smartphone, tablet device or other associated cloud service, to connect you with, or provide information with respect to our Services.
k) Furthermore, you agree and acknowledge that we may from time to time, disclose your contact details to or our other third-party suppliers in connection with the Website;
l) agree to provide accurate, current and complete information about yourself as prompted by any registration forms on the Website, including the requirement to provide and enter your email address, mobile phone number to receive SMS verifications to receive notices from us, and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete; and
m) acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall be governed by our Privacy Policy.

5 SUITABILITY

You agree and acknowledge that no representations have been made as to the suitability of the Services and /
or Subscription for any purpose

6 REPRESENTATIONS

You agree and acknowledge that:

a) no representations have been made to you as to the fitness or suitability of the Website for any purpose; and
b) you have not made any representations to us regarding the purpose for which you intend to use the Website.

7. TERMINATION

a) Termination of these Terms
(i) Either party may terminate these Terms immediately, without cause.
(ii) Upon termination of these Terms, you shall immediately do the following:
(A) cease the Activities;
(B) cease using our intellectual property which, reasonably interpreted, constitutes our trademarks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs and inventions, irrespective of whether these items or rights are registered, or capable of registration (the Intellectual Property), and remove all evidence of the Intellectual Property from its marketing material any other locations;
(C) return all information, which, reasonably interpreted, constitutes our confidential information (the Confidential Information) to us; and
(D) continue to comply with its continuing obligations in these Terms.
(iii) If these Terms are terminated, the parties agree and acknowledge that:
(A) we shall pay you any fees up to and including the date of termination; and
(B) you shall not be entitled to any of the fees after the date of termination.

b) Termination of your Account

(i) We may in our absolute discretion terminate or vary your Account for any reason and at any time.
(ii) Termination or variation of your Account will not take effect until you receive confirmation from us in writing.
(iii) We may cancel your Subscription without notice to you, if we determine that you are misusing them in contravention of these Terms, including but not limited to, acting fraudulently and / or failing to rectify a breach, as advised by us, within seven (7) days of receiving the notice of the breach.
(iv) You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the licence contained in these Terms immediately and without notice to you.

c) Termination of Limited Licence

You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the Limited Licence contained in these Terms immediately and without notice to you.

8. INTELLECTUAL PROPERTY

8.1 OWNERSHIP

The Intellectual Property is our exclusive property and / or our Related Entities or Associates (both as defined in the Corporations Act) and as such all goodwill accrued in relation to the Intellectual Property accrues to our exclusive benefit and / or our Related Entities or Associates (both as defined in the Corporations Act).

CONFIDENTIAL INFORMATION

You:
a) must use the Confidential Information only for the performance of its obligations under these Terms and for no other purpose;
b) must keep the Confidential Information in a secure place or device which is accessible only by you and furthermore must ensure that no unauthorised entities obtain access to the Confidential Information;
c) must not disclose the Confidential Information to a third party without our prior express written consent, and furthermore acknowledges that we may withdraw such consent in its absolute discretion;
d) must not use the Confidential Information for personal commercial (or otherwise) benefit or for the commercial (or otherwise) benefit of a third party and furthermore acknowledges that use of the Confidential Information contrary to this subclause 8.2(d) which results in damage or loss to us may give rise to a cause of action against you for that damage or loss;
e) must not use the Confidential Information in any way that results in competition with us;
f) must immediately inform us of any breach of these Terms by any entity and take all steps necessary to assist in the rectification of such breach and the prevention of a reoccurrence of such breach; and
g) acknowledge that nothing in these Terms is intended to imply any type of licence or assignment of the Confidential Information to you.

8.2 PUBLIC STATEMENTS

The parties must not mislead or deceive, or make disparaging remarks to, the public or customers in relation to the Website, Services, products, each other or any other related item and in this regard the parties indemnify each other in relation to any claims, demands, proceedings, losses, damages and expenses which they may sustain as a result of the other’s breach of this clause 8.3.

9. YOUR CONTENT

Your use of the Website and / or any other digital platforms associated with the Website or us, may enable you to upload, view, edit, post, transmit and / or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, Social Media and / or other materials (collectively, your Content). You retain ownership rights in your Content, unless we indicate otherwise, in our absolute discretion. You hereby:

a) grant us and our Related Entities and Associates (both as defined in the Corporations Act) a nonexclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of your Content in any media, now known or hereafter devised;
b) acknowledge that we have the absolute discretion to delete, edit, modify or reject your Content at any time; represent and warrant that:
(i) you own and control all of the rights to your Content that you have the lawful right to post or otherwise distribute to or through the Website;
(ii) your Content is accurate and not misleading; and
(iii) your use and/or transmission of your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity;
d) grant us the right to pursue at law any person or entity that violates your or our rights in your Content by a breach of these Terms;
e) agree that we may use your Content, in whole or in part, for our own commercial purposes subject to our Privacy Policy;
f) acknowledge that certain third party suppliers may access encrypted and anonymous information associated with you, as a consequence of your use of the Website, for the purposes of setting up your User Profile, including but not limited to your mobile phone number, mobile application data, non-precise location information and other non-precise information; and
g) acknowledge that the third party suppliers may allow you to opt out of providing the information referred to in subclause 9(f), subject to the third party supplier’s own terms and conditions, and you release us from any liability regarding the third party supplier’s use and access to the information referred to in subclause 9(f).

10. OUR CONTENT

a) Except as otherwise expressly indicated by us in writing, the Website, our Social Media and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Website and/or our Social Media, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or Associates (both as defined in the Corporations Act) or licensors and are protected by Australian and international copyright laws. The Website and all of Our Content is copyrighted – (c) 2021 Stamford Capital Australia Pty Ltd trading as comr8, All Rights Reserved.

b) We own all Intellectual Property rights in relation to the Website and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, Services, brands, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.

11. RESTRICTIONS

When accessing or using the Website, you must not, at any time:
a) use the Website for any purpose that is illegal, beyond your intended use, or otherwise prohibited by these Terms;
b) use the Website and / or Social Media in any way that could damage our reputation or the goodwill or other rights associated with the Website or Our Content;
c) use or attempt to use another user’s account in any circumstances;
d) harass, abuse, intimidate, bully, or otherwise offend any other user of the Website or our Social Media;
e) violate any legislative, common law or equitable rights of any third parties;
f) send any of your Content which:
(i) contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
(ii) impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
(iii) encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(iv) is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(v) contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
(vi) contains viruses, corrupted data or other harmful, disruptive or destructive files;
(vii) or in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website or our Social Media, or which may expose us or our Related Entities or Associates (both as defined in the Corporations Act) or our users to any harm or liability of any type.

12. LIMITED LICENCE

a) We hereby grant you a non-exclusive, limited, non-sublicensable licence to access the Website and Our Content (the Limited Licence), strictly in accordance with these Terms. This Limited Licence is revocable at any time by us in our sole discretion. In using this Limited Licence, you must not:
(i) use Our Content other than for its intended purpose;
(ii) distribute or display Our Content without our prior permission;
(iii) modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
(iv) use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
(v) use Our Content for any commercial use; or
(vi) copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Website, including all page headers, custom graphics, button icons and scripts.
b) To request permission for use of Our Content not included in the Limited Licence, you must contact us by email at: info@comr8.com.au.
c) You agree not to reverse engineer any part of the Website, or decompile any part of the software of the Website.

13. COPYRIGHT COMPLAINT POLICY

a) Infringement Notification
If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address: info@comr8.com.au.
b) We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.

14. REPEAT INFRINGER POLICY

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and / or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

15. WARRANTY DISCLAIMER

a) Except as expressly provided to the contrary in writing by us, or the Website or our Social Media, the materials contained therein (including Our Content) and the Services are provided on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of due care and skill, fitness for a particular purpose, time of supply of Services, content and materials on the Website to the extent permitted by law. We do not represent or warrant that materials in the Website or our Social Media are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Website and / or our Social Media, and / or any portion thereof.
b) We are not responsible for typographical errors or omissions relating to the Website, availability, pricing, text or imagery. In the event that any information displayed on the Website, or our Social Media or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, features or other information, you agree that we may fix the error at our discretion.
c) While we attempt to make your access to and use of the Website safe, we cannot and do not represent or warrant that the Website or its server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industry-recognised website browsers to detect and disinfect viruses from any download or use of the Website.
d) We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third party suppliers. We are not responsible for any entity that claims to be authorised on our behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.
e) We do not make any warranties as to the information or representations made by third parties. We are not responsible for, and will not be held liable for, any misrepresentations or false information that a third party provides to you. However, if you notify us by sending an email to info@comr8.com.au, of any concerns you may have and the information or representations that they have made to you, we may, at our discretion, investigate the contents of your email and the misinformation and misrepresentations outlined.

16. INFORMATION DISCLAIMER

All of Our Content, including but not limited to the information relating to Services, is provided in summary form and is in no way intended to constitute advice. Before relying upon this information or using our Services, you must first consider whether the Services are suitable to you. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation of these Terms.

17. LIMITATION OF LIABILITY

a) You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our Related Entities and Associates (both as defined in the Corporations Act), or their or our respective directors, officers, employees or agents arising out of or in any way relating to your engagement of the Services, your use of the Website, Our Content or the materials contained in or accessible through the Website, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Website or its consent or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Website. You use the Website at your own risk and proceed with the Services at your own risk.
b) Without limitation of the foregoing, neither we nor our Related Entities and Associates (both as defined in the Corporations Act) shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of Services, the use of the Website, Our Content or the materials contained in or accessible through the Website, including without limitation any damages caused by or resulting from your reliance on any of our content or other information interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
c) In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), strict liability or other theory, arising out of or relating to the use of the Website exceed any amount that we pay to you under these Terms.
d) We take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive Website, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.
e) We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, or real property that may result from your use of our Website.
f) We take no responsibility and assume no liability for any Services, advertisements, content or communication that you may receive from any third-party supplier.

18. INDEMNITY

You agree to indemnify us and our agents, directors and employees and our Related Entities and Associates (both as defined in the Corporations Act) and their agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.

19. GST

All amounts payable under these Terms are exclusive of GST.

20. APPLICABLE LAW AND VENUE

The Website (excluding third party websites or apps) are hosted by us. The Website our Social Media are accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website or in relation to these Terms will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the Website or the Services will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access Website from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, New South Wales, Australia.

21. SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

22. NOTICES

You agree that we have the right to send you certain information in connection with the Website. We may send you this and any other information in SMS to the mobile number you provided for your User Profile, or we may send you an e-mail to the address you provided for your User Profile. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Website. Notices provided to you via SMS, e-mail and / or Push Notifications will be deemed given and received on the transmission date of the SMS, e-mail and the Push Notification. As long as you access and use the Website, you agree that you will have, or have access to, the Website and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Website.

You may contact us through the email addresses provided under these Terms. In the event you are unable to contact us my electronic means, you may also contact us by telephone at (02) 9046 8900.

23. WAIVER

You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.

24. QUESTIONS AND COMMENTS

If you have any questions regarding these Terms, the Services, privacy or your use of the Website, please submit them to us, using the email address, info@comr8.com.au.

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