1. Introduction, Definitions and Interpretation

1.1. Introduction
(a) By using our mobile application (App), our website (located at responder.au, any related websites or URLs, social media platforms owned or operated by us (together, Sites) and our services as defined in clause 3.2 below, you (User) agree to be legally bound by these Terms and Conditions (Terms or Agreement).

(b) By agreeing to these Terms, you are entering into an agreement with Responder App Pty Ltd (ACN 671 919 243) trading as Responder including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Responder or we or us) and agree to comply with any and all applicable laws and regulations, whether domestic or international.

(c) Our Services, as defined in clause 3.2 below, are not intended to be used by children under the age of 18. If you are under 18, any use of our Services must be with the involvement of a parent or guardian.

(d) By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years of age, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

(e) All of our terms and conditions and policies that are linked to or in the Sites, including our Platform Terms, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.

1.2. Definitions
In this Agreement, unless the context requires otherwise: Agreement means this agreement and its schedules and annexures and any subsequent variation.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Victoria, Australia. Driver means a User of the Platform which has signed up to provide vehicle transportation
services. Commencement Date means the date that you sign up to the Platform.

Confidential Information means:
(a) the terms of this Agreement and its subject matter;

(b) any information of Responder which is designated by Responder as confidential or of a
confidential or sensitive nature, which is marked or denoted as confidential or which a
reasonable person to whom that information is disclosed or to whose knowledge the
information comes would consider confidential; or

(c) any information which is disclosed by Responder to the User, directly or indirectly, or
otherwise comes to the knowledge of that party in relation to or in connection with this
Agreement, whether that information is in oral, visual or written form or is recorded or
embodied in any other medium.

Corporations Act means the Corporations Act 2001 (Cth).
Customer means a User of the Platform that has signed up as a customer seeking vehicle transport services.
GST Law means the definition given to that term in the A New Tax System (Goods & Services Tax) Act 1999 (Cth).
Intellectual Property means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs and unregistered designs, rights to use, and protect the confidentiality of, confidential information (including know-how, trade secrets, and datasets), technology and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or
forms of protection which subsist now or in the future, anywhere in the world.
Personnel means an employee, director, officer, agent, representative, contractor or sub-contractor of a party.
Platform means the Responder website or app.
Platform Terms means this Agreement.
Services has the meaning given in clause 2.2.

1.3. Interpretation
In this Agreement, unless the context requires otherwise:

(d) words in the singular include the plural and vice versa;

(e) headings (including those in brackets at the beginning of paragraphs) are for convenience
only and do not affect the interpretation of this Agreement;

(f) a reference to a clause, paragraph, schedule or annexure is a reference to a clause,
paragraph, schedule or annexure, as the case may be, of this Agreement;

(g) if any act which must be done under this Agreement is to be done on a day that is not a
Business Day then the act must be done on or by the next Business Day;

(h) a reference to any legislation includes subordinate legislation and all amendments,
consolidations or replacements from time to time;

(i) a reference to a natural person includes a body corporate, partnership, joint venture,
association, government or statutory body or authority or other legal entity;

(j) the words “includes” and “including” or words of similar effect are not words of limitation;

(k) no clause of this Agreement shall be interpreted to the disadvantage of a party merely
because that party drafted the clause or would otherwise benefit from it;

(l) a reference to a party includes the party’s successors, assigns and persons substituted
by novation;

(m) a reference to a covenant, obligation or agreement of two or more persons binds or
benefits them jointly and severally;

(n) a reference to time and date is to local time and dates in Victoria, Australia; and

(o) unless specified otherwise, a reference to “$” or “dollars” refers to Australian dollars.

2. Services

2.1 Subject to the User’s compliance with this Agreement, Responder will:

(a) provide the Services to the User on the terms of this Agreement; and

(b) grant the User a licence to use the Platform during the Term.

2.2 Subject to the User’s compliance with this Agreement, the Platform will enable the User to:

(a) arrange and schedule transportation services between Customers and Drivers;

(b) communicate and liaise with Customers and/or Drivers, as the case may be, in relation
to obtaining vehicle transport services;

(c) make payments for vehicle transport services or receive payments for the provision of
those services;

(d) if the User is a Customer, search for Drivers to obtain vehicle transport services; and

(e) if the User is a Driver, accept rides from Customers.
(Services).

2.3 The User acknowledges and agrees that Responder:

(a) merely provides the Platform to facilitate and enable the performance of the User
Services;

(b) does not guarantee the quality, safety, legality, identity or authenticity of Users on the
Platform, or the accuracy of the content and information published on the Platform by
Users;

(c) does not employ the Drivers and that there is no employment relationship between the
Drivers and Responder;

(d) does not have any control over the transport services provided by the Drivers nor the
suitability, legality or condition of any Driver fleet, vehicle, equipment or other
transportation tool, device or instrument, and that the Driver is solely liable for any liability
in connection with those matters; and

(e) is not party to any agreements or transactions between the Driver and Customer, nor is
Responder an agent or provider of vehicle transport services in itself.

2.4 Responder may, but is not obliged to:

(a) advertise or promote the User or its Services from time to time on the Platform, social
media platforms, websites, online, in print media and electronic media; and

(b) respond to complaints or disputes on the User’s behalf arising from or in connection with,
Services delivered or purchased by the User via the Platform.
For the avoidance of doubt, nothing contained in this clause 2.4 is intended to form part of the Services
or places an obligation on Responder to perform the acts specified in clause 2.4 (a) and (b).

3. Use of the Services

3.1 You agree that you are responsible for your access to our Services and for ensuring that any
persons that may access the Services through your internet connection or device are aware of,
understand and are compliant with, these Terms.

3.2 You warrant and represent to us that your use of the Services will comply with all applicable laws
and regulations in Australia, in your state/country, in the location that you access and use the
Services and otherwise where applicable, and that you will not use our Services for any activities
that are unlawful or discriminatory, harmful to others, or for any activity for which the Services
were not intended or that does, or may, violate the rights of others.

Your Conduct
3.3 You agree that you will not:

(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking
conduct, or conduct that may fall under one of the aforementioned categories;

(b) disclose or share your password or login information for the Services with any party;

(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere
with or prevent the reliability and performance of the Services, or interfere with or attempt
to interfere with any other user’s use of the Services;

(d) copy or impersonate any other person or entity, or misrepresent any of your details
including your image (for example by using only arcuate and current photos), name, age,
identity, affiliation, connection or association with, any other person or entity;

(e) use the Services to promote or solicit involvement in or, support of a political platform,
religion, cult, or sect;

(f) post a person’s personal information or images without express permission;

(g) solicit or engage in any illegal or unlawful activity;

(h) use the Service to redirect users to other websites or encourage users to visit other
websites;

(i) use the Service for any phishing, trolling or similar activities;

(j) defraud, scam, hack, swindle or deceive other users of the Services;

(k) harvest or collect email addresses or other contact information of other users from the
Services by electronic or other means or use the Services to send, either directly or
indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail
or communications or other spamming or spamming activities;

(l) circumvent, disable or otherwise interfere with security-related features of the Services
or features that determine whether you are acting in accordance with the Terms;

(m) attempt to access any Services or area of the website that you are not authorised to
access;

(n) allow third parties to access and use the Services via your account;

(o) collect or solicit another person’s personal information or images for commercial,
inappropriate or unlawful purposes;

(p) use any programs, scripts, bots or other automated technology to scrape or access the
Services or hijack user accounts or log-in sessions;

(q) embed, frame, include or imitate any part of the Services on another website, application
or other platform, without our prior written authorisation;

(r) use any kind of code, program or device containing reference to the Services in order to
direct any person to any other website for any purpose;

(s) resell, rent out or make any commercial use of the Services;

(t) use robots, data mining or similar data gathering or extraction methods or otherwise
collect any pictures, descriptions, data or other content from the Services;

(u) attempt to mislead others as to the origin of any information through the Services by
copying, forging or manipulating identifiers such as headers, footers or signatures;

(v) use automated methods or processes to use or access the Services or create user
accounts;

(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our
Services is stored or any server, computer or database connected to our Services;

(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other
programs, scripts or material that may be malicious or technologically harmful to us, our
website, Services or other users of our Services; or

(y) use the Services other than for their intended purpose.’

4. User Accounts and Obligations

4.1 To access and use the Services, you will be required to register for a user account as either a
Customer or Driver (Account).

4.2 You agree to provide Responder with all information required by Responder from time to time to
create an Account, including but not limited to:

(a) your full name;

(b) your contact phone number, email address, location and photo/likeness;

(c) if you are a Driver, evidence of the your compliance with all legal obligations relating to
the provision the transport services, including without limitation, your towing licence
details; and

(d) if you are a Driver, evidence of the your business or company registration details,
including your ABN or ACN as applicable.

4.3 If Responder considers that the inclusion of a User on the platform may result in a breach of these
terms and conditions by the User or may affect the reputation of Responder then Responder
reserves the right, in its sole discretion, to reject a User from signing up to the Platform and/or to
remove the User from being listed on the Platform, for any reason and without notice to the User.

4.4 You agree that you are solely responsible for maintaining the confidentiality of your Account
details, including your password. When you register an account with us, please note that your
Personal Information will be accessible by us.

4.5 Responder may collect and process your location information to provide you with accurate and relevant services, such as connecting you with nearby tow trucks or transport services. Your location data may also be used for analytics purposes to improve our services.

4.6 Responder may request access to your device’s camera to capture your photo or likeness for verification purposes or to personalize your user experience. Your photo may be used within the app for identification purposes and may be visible to other users in certain contexts, such as when requesting or providing services.

4.6 You agree that User Content you provide to us may be made publicly accessible to third parties, including other users or visitors of the Services. You agree that we are not liable to you for the use or access of User Content by third parties.

4.7 We retain the right to screen and verify you or your business and identity and compliance in oursole discretion. You agree to submit to such screening and to provide to us at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, permits, approvals, copies of photo identification (such as drivers licence and passport) or other identifying documentation.

4.8 It is your responsibility to ensure that any personal information provided to Responder is accurate and up to date. You are also responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

4.9 The User must comply with Responder’s policies from time to time.

4.10 The User must ensure that the vehicle transport services must not be provided by way of vehicles
that are illegal, unsafe, stolen or that are listed or sold without appropriate authority or licensing.

4.11 You understand that we may, in our absolute discretion, investigate, take legal action, terminate
or cancel your access to the Services and/or your account, at any time, including if it is found that
you have, or are suspected of, violating these Terms.
Commercial Electronic Messages

4.12 When you provide your details to us, you warrant and represent that the details are true, complete
and accurate, and that you are the account holder or authorised nominee of the contact number
that you provide to us.

4.13 It is your responsibility to ensure that any personal information provided to Responder is accurate and up to date. You are also responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

4.14 You have the right to opt-out of certain data collection activities, such as location tracking or photo capture, by adjusting your device settings or contacting Responder’s customer support team.

4.15 By creating an Account or accessing the Services, you agree that Responder or its affiliates may
send you commercial electronic messages (including email, SMS or push notifications, where
applicable) (CEM) as part of the normal business operation of your use of the Services.
Commercial Electronic Messages

4.16 When you provide your details to us, you warrant and represent that the details are true, complete
and accurate, and that you are the account holder or authorised nominee of the contact number
that you provide to us.

4.17 By creating an Account or accessing the Services, you agree that Responder or its affiliates may
send you commercial electronic messages (including email, SMS or push notifications, where
applicable) (CEM) as part of the normal business operation of your use of the Services.

4.18 You consent in advance to be contacted during our usual business hours (including in relation to
customer service matters, product offers and/or other promotional purposes) and to receiving
marketing and promotional materials via electronic communication to the contact details provided,
unless you have explicitly opted out of such communications by contacting us in writing.

4.19 You acknowledge that opting out of receiving CEMs may impact your use of the Responder
Services.

4.20 Responder reserves the right to update or modify these terms regarding the collection and use of personal data. Any changes will be communicated to users through the app or via email.

5. User Content

Licence to use User Content

5.1 By providing or sending to us, uploading, publishing, transmitting or making available any data,
content or other material to Responder (User Content), you agree to grant Responder, its
affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable,
worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish,
publicly perform, translate, create derivative works from, distribute and display in any form, any
such content, including but not limited to text, images, videos, graphics, audio and photographs
without attribution.

5.2 By uploading, publishing, transmitting or making available any User Content to Responder, you
warrant and represent to Responder that:

(a) you hold all the intellectual property rights to the User Content and have the authority to
upload or make available the User Content and licence the User Content to Responder;

(b) Responder’s use of the User Content will not infringe or violate any third-party rights,
including but not limited to defamation, intellectual property rights, moral rights and
privacy rights and will not give rise to an obligation to make any payment to a third party;

(c) any User Content you associate with the Services or send to other users is accurate,
complete, not false and not misleading;

(d) the disclosure and use of the User Content to Responder will not cause harm to any other
user or third party, or violate their rights including any patent, trade mark, trade secret,
copyright or other intellectual property or proprietary right (such as User Content that
contains copyrighted material without permission) or right to privacy;

(e) the use by Responder of the User Content will not breach the security of Responder or
its users by containing viruses, Trojan horses, worms or other harmful or disruptive
scripts, code, programs or content;

(f) the disclosure and use of the User Content by Responder does not violate these Terms
or other policies, or any applicable law, rule or regulation;

(g) the User Content does not contain any obscene, pornographic, profane, sexually
oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory,
inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted,
hateful or violent content;

(h) the User Content does not promote or cause harm or intimidation of any kind against any
group or individual;

(i) the disclosure and use of the User Content by Responder does not violate the privacy of
any other person by containing visual or audible representations of another person
without his or her express written consent or violate their data protection or privacy rights;

(j) the disclosure and use of the User Content by Responder will not bring Responder into
disrepute; and

(k) the User Content does not contain, promote or enable illegal or unlawful activities.
App Terms for Responder

Page 7 of 12
Rights and liability of Responder in relation to User Content

5.3 Responder retains the right, at any time without reason or notice, to pre-screen, review, control,
monitor, reject, delete or edit User Content, however Responder is not obliged to do so.

5.4 You agree that Responder may require you to remove, amend or delete User Content and that
you must comply with such requirement within one (1) days’ written notice to you.

5.5 You acknowledge and agree that Responder does not control, take responsibility for, or assume
any liability for, any content submitted by you, or other users of the Services or any third parties,
and that Responder is not liable for any mistakes, defamation, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. You agree to release Responder and its agents
and officers and employees from any such claims or liability and acknowledge that the User
Content submitted by you or other users, as well as any other information or materials available
through the Services may have copyright protection whether or not it is identified as being
copyrighted.

6. Network Access and Devices

6.1 You are responsible for obtaining the data network access necessary to use the Services.

6.2 Your mobile network’s data and messaging rates and fees may apply if you access or use the
Services from a wireless-enabled device and you are responsible for such rates and fees.

6.3 You are responsible for acquiring and updating compatible hardware or devices necessary to
access and use the Services and Applications and any updates thereto. Responder does not
guarantee that our Services, or any portion thereof, will function on any particular hardware or
devices.

6.4 You acknowledge and agree that our Services may be subject to delays and/or malfunctions due
to the inherent nature of the internet and electronic communications.

7. Payment

7.1 You understand that use of our Services may result in charges to you for the services or goods
you receive from a Driver. Responder will facilitate your payment of the applicable charges on
behalf of the Driver (Charges). Payment of the Charges in such manner shall be considered the
same as payment made directly by you to the Driver.

7.2 Charges are inclusive of applicable taxes where required by law. Charges paid by you are final
and non-refundable, unless otherwise determined by Responder or required by the Australian
Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major
failure of the Responder Services, or other remedies for a minor failure.

7.3 All Charges are due immediately and payment will be facilitated by Responder using the preferred
payment method designated in your Account, after which you will be sent a receipt by email. If
your primary Account payment method has expired, or is invalid or otherwise not able to be
charged, you agree that Responder may, on behalf of the Driver, use a secondary payment
method in your Account, if available.

7.4 If your primary Account payment method has expired, or is invalid or otherwise not able to be
charged, and you a secondary payment method in your Account is either unavailable, has
expired, is invalid or otherwise cannot be charged, you agree that Responder may suspend the
provision of the Services until all Charges that are due are paid in full.
App Terms for Responder
Page 8 of 12

8. Cancellations

8.1 You may elect to cancel your request for transportation services from a Driver at any time prior
to the Driver’s arrival, in which case you may be charged a cancellation fee, subject to
Responder’s cancellation policies. If the transportation services are cancelled for any reason not
attributed to you in accordance with Responder’s policies, you are entitled to a refund for any
charges paid.

8.2 Nothing in this section is intended to limit your rights as a consumer, including your entitlement
to a refund or other applicable remedies, under the Australian Consumer Law.

9. Ratings and reviews

9.1 The User acknowledges and agrees that other Users may leave a review or rating of any User,
(Review) and that Reviews will be displayed publicly on the Platform without prior approval of
User.

9.2 You agree that any Review you provide on the Platform is true, correct and genuine.

9.3 In accordance with Australian Consumer Law, the User may not remove any Reviews, however
the User may report a Review to Responder and Responder may, in its sole discretion, remove
the Review.

10. User disputes

10.1 The User agrees that it is solely liable for managing and responding to enquiries, complaints,
issues and disputes relating to the performance of services agreed upon between Customers and
Drivers (Enquiry or Enquiries).

10.2 For the avoidance of doubt, the User agrees and acknowledges that Responder is not responsible
or obliged to respond to any Enquiries, and bears no responsibility for any loss or other
consequence, whether legal or otherwise, in relation to a dispute between Users.

11. User obligations and warranties

11.1 The User warrants and represents to Responder that it:

(a) has legal capacity, power and authority to enter into and be bound by this Agreement;

(b) will comply with any directions given to it by Responder from time to time;

(c) has and will utilise the necessary skills, experience and expertise to perform the User
Services in accordance with this Agreement;

(d) will comply with any other agreements, terms and conditions and policies provided and
amended by Responder from time to time;

(e) will not, and will ensure that its Personnel will not, represent itself to be affiliated with, or
an employee of Responder;

(f) will not advertise or promote any third party competitors of the Platform or Responder;

(g) will perform the User Services with due care, skill and diligence in a professional and
ethical manner and to Responder’s satisfaction and comply with the reasonable
directions of Responder;

(h) will not perform any act or omission that will bring the reputation or good will of Responder
in to question or disrepute;

(i) will act lawfully and in performing is obligations under this Agreement, will comply with
any applicable licenses, laws, regulations, industry standards or codes of conduct, health
and safety requirements; and

(j) holds, will maintain and comply with all valid and up to date licences, permits, consents
or other permissions as required by law, to provide its services.

12. Intellectual Property

12.1 Responder owns, controls or licences all materials contained on, or in, our Services, including
text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces,
photographs, trade marks, logos, coding or programming and artwork, including but not limited to
the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of
such content contained in our Services (Responder IP).

12.2 Responder IP is protected by copyright, trade mark laws, and various other intellectual property
rights and unfair competition laws and must not be copied, imitated or used (in whole or in part)
without the prior written consent of Responder.

12.3 Access to and use of our intellectual property is granted to you on a limited, revocable, non-
sublicensable licence, subject to these Terms. You agree that you will not:

(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform,
display, reverse engineer, decipher decompile or otherwise disassemble any portion of
the Responder IP or our Services or cause or assist others to do so;

(b) challenge Responder’s ownership of Responder IP;

(c) infringe Responder IP; or

(d) use or make any intellectual property that is similar to Responder IP.

12.4 You may access and use the information provided in our Services, on a limited, revocable, non-
sublicensable licence, for your personal, non-commercial informational purposes. No content
may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way to any other computer, server, website
or other medium for publication or distribution or for any commercial enterprise, without the prior
written consent of Responder.

12.5 Unless explicitly stated herein, nothing in these Terms may be construed as conferring any
licence to, or assignment of, any of Responder’ intellectual property rights, whether by estoppel,
implication or otherwise. Responder reserves all rights not expressly granted in the Services.

13. Termination

Without prejudice to any other remedies, Responder may in its absolute discretion, at any time
and without notice to you.

(a) terminate these Terms; and or

(b) terminate the Services or your access to the Services.

13.2 To the maximum extent permitted by law, Responder will not be liable to you for any further loss
or damage you suffer because Responder has exercised its rights under this clause or these
Terms.
App Terms for Responder
Page 10 of 12

14. Privacy

You agree to allow Responder to send you emails regarding the Services, including any information
regarding or relating to our services, unless you have explicitly opted out of such communications by
contacting us in writing.

15. Unauthorised access and malicious materials

15.1 You must not attempt to, or actually gain, unauthorised access to our Services, the server on
which our Services is stored or any server, computer or database connected to our Services.
You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses,
trojans or other programs, scripts or material that may be malicious or technologically harmful to
us, our Services or other users of our Services.

15.2 To the maximum extent permitted by law, we will not be liable for any losses or damage
whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in
contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies
that may affect our Services as aforementioned, system failures or any other harmful material
that may infect your computer, device, programs, data or other proprietary material and you
release us from any such liability.

16. Third Parties

Our Services may, from time to time, contain links to and from websites which are owned or operated by
other parties. Links in the Services to third parties do not constitute sponsorship, approval or
endorsement of the content, policies, practices or services offered by those parties unless expressly
stated by us in writing. Third party websites are governed by their own terms and conditions and privacy
policies and we recommend that you make your own enquiries as to their terms. We do not accept any
liability for any information on, or the privacy practices of, any third party websites.

17. Limitation of Liability

17.1 To the maximum extent permitted by law, neither Responder, nor any of its employees or agents,
will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or
illness and special, indirect or consequential loss or damage such as loss of profits, loss of
revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether
in contract, tort or otherwise, arising from or in connection with:

(a) any act, omission or negligence or the use of, or reliance on, information, comments or
opinions contained obtained through or in our Services;

(b) any, use of the information on or access to Services including if for any reason the
Services are unavailable at any time or for any period;

(c) any errors in, or omissions from, the information contained in the Services;

(d) any services supplied by Responder; or

(e) these Terms or any breach of these Terms.

17.2 You understand and agree that you are responsible for your own acts, omissions and negligence
and if there are any consequences to your acts, omissions or negligence or through your use of
the Services, that you will be responsible for those consequences.

17.3 To the extent permitted by law, Responder expressly disclaims all warranties of any kind unless
expressly stated in the Services or if required under Australian Consumer Law. Nothing in these
Terms purports to exclude any rights or remedies in respect of goods or services under the
Australian Consumer Law which cannot be excluded, restricted, or modified.

17.4 This clause survives termination of these Terms.

18. Disclaimer of Warranty

18.1 Responder provides the Sites and their contents on an “as is” basis and use of this information is
at your own risk. While we aim to update the Sites regularly, neither Responder, nor any of its
employees or agents, makes any representation or warranty as to the accuracy, completeness,
currency or reliability of the information contained on the Sites.

18.2 We reserve the right to restrict access to the Services or any part of the Services, change or
withdraw any products, information or content featured in the Services or provided through our
Services, without notice. You acknowledge and agree that we retain complete editorial control
over the Services and may alter, amend or cease the operation of the Services or any part of the
Services, at any time, in our sole discretion.

19. Release and Indemnity

19.1 You agree to release and indemnify and hold Responder and (as applicable) its affiliates, agents,
and employees, harmless from and against any claims, demands, proceedings, losses and
damages (actual, special and consequential) of every kind and nature, known and unknown,
including legal fees on a full indemnity basis, arising from or in relation to your purchase or use
of services purchased or provided from the Responder, your use or access of the Services, or
any access to the Services by a third party arising out of your breach of these Terms, or your
violation of any law or the rights of a third party.

19.2 This clause survives termination of these Terms.

20. Amendments and correction of errors

20.1 Responder reserves the right to amend these Terms from time to time as it sees fit. Any
amendments or changes to these Terms are effective from the date on which the amended terms
are published except in relation to Quotes placed prior to the publication of any varied terms.

20.2 Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms
by email or by a notice on or in the Services, it is your responsibility to keep up to date with any
changes or amendments to these Terms by checking this page, which contains our most accurate
and up to date version of our Terms.

20.3 Responder reserves the right to amend any errors in the Services, and amend any information in
relation to the Services, at any time and without prior notice to you.

21. General

21.1 Waiver: Any failure or delay by Responder in exercising a power or right (either wholly or partially)
in relation to these Terms does not operate as a waiver or prevent Responder from exercising
that power or right or any other power or right. We are not liable to any other party for any loss,
cost or expense that may have been caused or contributed to by the failure, delay, waiver or
exercise of a power or right. This clause survives termination of these Terms.

21.2 Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms
as a result of any fact, circumstance or matter beyond our control, we are relieved of that
obligation to the extent and for the period that it we are unable to perform the obligation. You
agree that Responder will not be held liable for any delay or failure in performance of any part of
the Services.

21.3 Severability: If any part of these Terms is determined to be by a court of competent jurisdiction
to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does
App Terms for Responder
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not affect the validity of the remaining provisions of these Terms. This clause survives termination
of these Terms.

21.4 Relationship: These terms do not confer an agency, partnership, joint venture, employee-
employer or franchisor-franchisee relationship between Responder and you or any other party
unless expressly stated otherwise.

21.5 Entire agreement: These Terms (and all other terms and conditions and policies that are
incorporated by these Terms) and any additional policies or terms you have agreed to through
use or access of our Services make up the entire agreement, and supersede all prior written and
oral agreements, representations, undertakings and understandings. Where there is an
inconsistency between these Terms and any additional Terms, the additional Terms will prevail.
This clause survives termination of these Terms.

21.6 Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its
appellate courts. Although the Services may be accessed throughout Australia and overseas,
we make no representations or warranties that its content, or the Services, comply with the laws
(including intellectual property laws) of any country outside Australia. If you access the Services
from outside Australia, you do so at your own risk and are responsible for ensuring compliance
with all laws in the place where you are located. This clause survives termination of these Terms.

Responder Responder