1 About 4Retirees

1.1 Thank you for visiting www.4retirees.com (the Website). The Website has been established as an online platform to create a global online community for retirees. The Website enables individuals like you to connect with other members, participate in social events and activities, and also recommend flexible jobs “side gigs” and online courses (the Services). In order to get full benefits of the Services you will be required to subscribe as a free global member (the Product).

2 Acceptance

2.1 The Website is owned and operated by 4Retirees Pty Ltd (ACN 627 434 682) (4Retirees). Access to and use of the Website, or any of its associated products or services, are provided by 4Retirees. Please read these terms and conditions (the Terms) carefully. By using or browsing the Website, reading the content on the Website, posting content to the Website, using or purchasing the Services or Products or clicking to accept the Terms, this signifies that you have read, understood and agree to be bound by the Terms and our privacy policy available at (the Privacy Policy). If you do not agree with the Terms or the Privacy Policy, you must cease usage of this Website immediately and we ask that you please leave the Website.

2.2 You may not use the Services and may not accept the Terms if:
        (a) you are not of legal age to form a binding contract with 4Retirees; or
       (b) you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.

2.3 By engaging 4Retirees, you acknowledge and understand that 4Retirees does not provide you with any tax, legal, business advisory, accounting or other specialist, professional or technical advice. For further information, please read the Terms carefully.

2.4 4Retirees reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 4Retirees updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms will take immediate effect from the date of their publication. If you choose not to accept any changes to the Terms, your sole recourse will be to stop using the Website and the Services. Before you continue, we recommend you keep a copy of the Terms for your records.

WARNING
: Community websites can be a target for scams and fraud. If you think you have been scammed or if you want more information about how to protect yourself from scams and fraud, please visit the relevant site:

Australia: ACCC
www.accc.gov.au/consumers/consumer-protection/protecting-yourself-from-scams.

United States: FBI Internet Crime Complaint Center
https://www.ic3.gov/

United Kingdom: Action Fraud
https://www.actionfraud.police.uk/

2.5 Our Privacy Policy explains how we may collect and use your personal information, both on and off this Website.

2.6 By you agreeing to the Terms, you agree and acknowledge that:
     (a) unless otherwise stated, all amounts are listed in the currency of the country where the Services are available and are inclusive of GST, VAT, or your local sales tax; and
     (b) 4Retirees may receive a commission from third parties in relation to provision of the Services and/or Products to you.

3 Your account and obligations

3.1 You can access Products and Services on the Website by creating an account (the Account) and becoming a member (the Member). The Member may subscribe for and access the free Products and Services available on the Website (the Free Global Member). The Free Global Members will have unlimited use of the Services offered by the Website.

3.2 The Members shall be required to provide 4Retirees with:
     (a) name;
     (b) an email address;
     (c) phone number (not compulsory);
     (d) physical address (not compulsory);
     (e) payment details (not compulsory); and
     (f) password.
(the Personal Information)

3.3 Once you have the Account on the Website, 4Retirees will send you an email on your specified email address and will provide you with your login details to access and use the Services on the Website.

3.4 You acknowledge and agree that due to the nature of the Services and Products, 4Retirees may be required to verify your identity to ensure that you are not using the Services or Products in an illegal or fraudulent manner.

3.5 You warrant that where 4Retirees advises you in writing that it requires further verification of your identity, then you will make all reasonable endeavours to comply with this request within 7 days of receipt of same.

3.6 You agree that any Personal Information you give to 4Retirees will always be accurate, correct and up to date.

3.7 You understand that by supplying 4Retirees with your Personal Information, you may receive regular emails, newsletters, telephone calls or SMS updates from 4Retirees and its third-party suppliers to keep you informed about 4Retirees’ activities and offerings. If you do not wish to receive updates from 4Retirees, you may update or/and change your email and communications preferences in the Account settings through the Website, or alternatively you may contact 4Retirees at unsubscribe@4retirees.com

3.8 As a Member, you agree to comply with the following:
     (a) not to share your profile with any other person;
     (b) use the Services only for purposes that are permitted by:
                   (i) the Terms; and
                   (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    (c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Account;
    (d) any use of your Account by any other person, or third parties, is strictly prohibited. You agree to immediately notify 4Retirees of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    (e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
    (f) you are solely responsible for your interactions with other Members and any meetings organised by Members must take place in a public environment such as a bar, restaurant or café. You agree that you will never meet another Member in a non-public setting such as a park or other quiet area, excluding events organised by 4Retirees organisation itself.
    (g) you understand that 4Retirees does not in any way screen its Members, nor does 4Retirees inquire into the backgrounds of its Members or attempt to verify the statements of its Members. 4Retirees makes no representations or warranties as to the conduct of its Members or their compatibility with any current or future Members;
    (h) you agree that you will not broadcast, publish, transmit, up-load, post or upload content to the Website which is false, misleading or contains sexually explicit material, references or innuendos;
     (i) you agree not to harass, impersonate, stalk, threaten another member of the Website;
     (j) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for personal, non-commercial purposes and for the duration of the membership;
    (k) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically permitted, endorsed or approved by the management of 4Retirees;
    (l) you will not use the Services, the Products or the Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
   (m) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your Account privileges. Appropriate legal action will be taken by 4Retirees for any illegal or unauthorised use of the Website;
     (n) you may not cover, obstruct, obscure or block the banner advertisements on your personal profile page or any 4Retirees page via HTML/CSS or any other means; and
     (o) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

4 The Products & Services

4.1 4Retirees’ Products and Services include:
     (a) “List of Job Matches” (recommended providers of flexible jobs “side gigs”);
     (b) “Free Jobs Match” Compatibility Check;
     (c) global networking and interaction with other users online and in person;
     (d) opportunities for global volunteer and paid freelance work in community itself;
     (e) advertisement of jobs by 3rd party businesses;
     (f) free and paid affiliate and 3rd party online courses; and
     (g) freed digital literacy course, mentoring and group classes; and

4.2 A List of Job Matches and a Free Jobs Match Check includes the following:
     (a) the Products are specific to you and are based on the answers you provide in the Free Jobs Match Check. You must always complete the Free Jobs Match Check in an honest and accurate manner so that the List of Job Matches generated for you is suitable for you.
     (b) the Free Jobs Match Check uses the information provided by you during the completion of the Free Jobs Match Check then develops a tailored report which provides a list of “side gigs” Job Matches that are opportunities of on-demand sharing economy, business options based on our compilation of opportunities. You acknowledge and agree that you may continue to review and receive new updated lists of opportunities to your List of Job Matches from time to time until you decide to terminate the Services pursuant to clause 20 of the Terms.
    (c) any statement, representation, estimate, calculation or information provided to you in the Free Jobs Match Check is an estimate only and:
          (i) 4Retirees does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the information provided in the List of Job Matches;
          (ii) 4Retirees does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to any outcomes of your use of the List of Job Matches;
              (iii) it is your responsibility to satisfy yourself as to:
                   (1) any accounting classification and taxation consequences;
                   (2) the validity, sufficiency, due execution and enforceability of all agreements entered into; and
                  (3) the compliance with all applicable legal and regulatory provisions in relation to any of the opportunities specified in the List of Job Matches;
             (iv) you shall remain solely responsible for signing, contacting and organising any opportunity described in the List of Job Matches.

4.3 You acknowledge that
      (a) 4Retirees has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms;
     (b) you shall remain solely responsible for assessing the implications and risks of using the information in the Products and expressing your views, thoughts and opinions;
       (c) any advice or report provided by 4Retirees to you, whether oral or written, is given solely for your benefit and it may only be relied on and used by you in accordance with the Terms; and
     (d) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

5 Member Opportunities

5.1 There are many flexible opportunities, online courses and social activities to suit the lifestyle of the retirees. Free Global Members can opt to receive updates and information about new paid and volunteer opportunities. They can provide their email and communication preferences via the Account on the Website, under settings. There are many flexible opportunities, including online courses and social activities to suit the lifestyle of the retirees.

5.2 The Members can also opt to participate in our community in the following ways:
     a) Volunteer work;
     b) Paid / commission based freelance/contract work as specified under community available jobs; and
     c) Participate in our Member get Member adhoc campaigns and redeem their promo coupons, if any.

5.3 This Website provides a platform for the Members to express their views, thoughts and opinions where they can share their posts and interact with the other Members via community wall.

5.4 There is also the private chatting feature which allows the members to have a private chat with other Members, to which 4Retirees has no privilege or access to see, so be mindful what information you are sharing in private as 4Retirees cannot and will not take any legal responsibility for it.

5.5 Members can put their information on the Website, including display name they choose to, name and surname, and a picture which will be visible to the other members. This will facilitate the members to send friend requests to the other members and become friends.

5.6 Any of the positions or contributions of the retirees in the community, as discussed in clause 5, are not to be construed as employment opportunities by or at 4Retirees or the Website.

6 Member’s Safety

6.1 4Retirees encourages the Members to connect with other members but this should be done in a respectful manner.

6.2 The Members agree that they:
     (a) will be cautious while interacting with any other Members, using the private chat feature or during posting anything on the Website.;
      (b) will not provide any financial information, including credit card or bank account information, or send money to other Members by any means; and
       (c) are solely responsible for their interactions with the other Members.

6.3 By accepting these Terms, you understand and agree that 4Retirees will not be held liable for any criminal or otherwise illegal conduct of the Members.

6.4 You agree to review and comply with the Safety Tips that are specified in the
Community Rules and Guidelines in the member account, and available at the footer with terms section, Community Rules, prior to using the products and services offered by the Website.

6.5 You agree that 4Retirees reserves the right to delete any inappropriate comments or postings on the Website and cancel the account of the respective members. Your account will be immediately deleted if you have been reported as a scammer and for unacceptable behaviour 3 x by other member for braking community rules.

6.6 You agree that 4Retirees is not liable or responsible in any way for damages caused by any third party’s illegal conduct. Community websites can be a target for scams and fraud. If you think you have been scammed or if you want more information about how to protect yourself from scams and fraud, please visit the relevant site, including:

(a) Australia: ACCC
www.accc.gov.au/consumers/consumer-protection/protecting-yourself-from-scams;

(b) United States: FBI Internet Crime Complaint Center:
https://www.ic3.gov/; and

(c) United Kingdom: Action Fraud:
https://www.actionfraud.police.uk/.

7 Educational Material

7.1 4Retirees uses the free material offered by the government and other 3rd party businesses in educating the Members.

7.2 4Retirees may partner with third Parties and become an affiliate re-seller of the course material offered by them. This material may be offered through our Website or via the links to the third-party websites.

7.3 You agree that 4Retirees makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such third-party site. Following links to any other websites is at your own risk.

7.4 You agree that 4Retirees shall not be responsible or liable for any loss or damage incurred as a result of any dealings between the members and the third-party sites. If there is a dispute, you understand and agree that 4Retirees is under no obligation to become involved.

8 Purchases

(ANNOUNCEMENT: Global Paid Subscription is currently / temporarily offered as a free of charge service”Free Global Membership” until further notice)

8.1 The Global Members will be enrolled in a monthly subscription plan and will be required to pay for the subscription, there is no minimum length of subscriptions required and Global Member can self-manage their subscription in their Account, under settings. (refer to the above announcement)

8.2 The monthly subscription fees can be found on the Website and may vary from time to time (the Fees). Payment of the Fee may be made through the Website’s third-party payment provider as specified on the Website (the Payment Gateway). (refer to the above announcement)

8.3 In using the Services or making payment of the Fee, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the Payment Gateway, prior to you using the Payment Gateway services. (refer to the above announcement)

8.4 4Retirees Global Member subscription is auto recurring monthly subscription. Your payment method will continue to roll over from month to month and you will continue to be billed for it until you cancel your subscription. (refer to the above announcement)

8.5 Your monthly Global Member subscription for 4Retirees products and services will start when your payment has been confirmed. This subscription will continue for a period of thirty days. (refer to the above announcement)

8.6 Deleting your account on our Website does not automatically cancel your subscription. You will be required to log into your Account and follow instructions, under settings, to cancel your subscription before deleting your account. 4Retirees will retain all funds charged for your subscription until your subscription is cancelled. (refer to the above announcement)

8.7 If you cancel your Global Member subscription, your account will remain active for the remainder of the thirty days for that month’s subscription period. (refer to the above announcement)

9 Non-Payment 

9.1 In the event you elect to pay the Fee or any fees, charges, expenses or monies owing pursuant to the Terms by way of direct debit and/or credit card and there is a chargeback by your credit provider or the Payment Gateway, 4Retirees may suspend or terminate the Services immediately. You will be charged the then current 4Retirees administration fee which is AUD$30.00 plus GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 30 days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, 4Retirees may reinstate the Services to you.

9.2 Further, if you do not pay any amounts owing to us, you will be liable to make the payment immediately. In the event the amounts remain unpaid after 30 days from the date of the tax invoice, we may proceed to recover the debt from you without further notice. If we initiate debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and we may report you to a credit reporting agency.

9.3 4Retirees reserves the right to terminate or suspend your access to the Website, the Services and the Products in the event that you fail to pay any payment owing pursuant to the Terms from time to time.

10 Refund Policy

10.1 If, for whatever reason, you are unsatisfied with the Services or Products please contact 4Retirees outlining why you believe you are entitled to a refund of the Fee so that we are able to determine whether a refund should occur.

10.2 Any refunds granted pursuant to this clause will be at 4Retirees’s absolute discretion.

10.3 Solely for the purpose of a nonlimiting example, no refunds will be available if you decide not to sign up with any of the on-demand businesses (a list of your matches) because you have determined the work to be difficult or if you feel overwhelmed by the options or information.

11 Online Postings

11.1 You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Posts”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Posts originated. More specifically, you are entirely responsible for each individual item of Content that you post, or otherwise make available via the Website.

11.2 By using our Website, you agree that you will follow our Posting Guidelines that are specified in community rules and guidelines, available here when posting any Posts on the Website.

11.3 You acknowledge that the Website does not pre-screen or approve any Posts posted by the members, but the Website shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove all Posts that are available via the Website service for violating any law or for any other reason.

11.4 You agree that under no circumstances will 4Retirees be liable in any way for any Post or any loss or damage of any kind incurred as a result of the use of Posts on the Website.

12 Copyright and Intellectual Property

12.1 The Website, the Services, the Products and all of the related products and services of 4Retirees, including the List of Job Matches and Free Jobs Match (the Material), are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements and interactive features) (the Content) are owned or controlled for these purposes and are reserved by 4Retirees or its contributors.

12.2 The List of Job Matches generated for each individual account is protected by copyright, is confidential in nature, and may not be distributed to any third party. Any distribution of the Material (strictly including the List of Job Matches) will be deemed a breach of confidentiality and the Terms and 4Retirees reserves the right to seek legal action or compensation as a consequence of same. You understand and agree that as a result of your breach of the Terms, damages may not be sufficient and 4Retirees may proceed with an action for injunctive relief. If such action is necessary, you agree that you will be liable to 4Retirees for its legal costs (on an indemnity basis) occasioned by your breach of confidentiality and the Terms.

12.3 4Retirees retains all rights, title and interest (including copyrights, patents and trademarks) in the Material, the Content, and all related content therein. Nothing you do will transfer any interest in the Material or Content to you, other than the grant of the licence to you as set-out in clause 12.4 below.

12.4 Whilst using the Services, 4Retirees grants you a worldwide, non-exclusive, non-sublicensable, non-transferrable, royalty-free, revocable licence during these Terms to:
     (a) download the Material and the Content;
     (b) use the Material and Content for your sole use;
     (c) copy and store the Material and Content; and
     (d) print pages from the Website for your own personal use.

12.5 4Retirees does not grant you any other rights whatsoever in relation to the Material and/or the Content. All other rights are expressly reserved by 4Retirees.

12.6 You may not, without the prior written consent of 4Retirees and the permission of any other relevant rights owner, broadcast, republish, upload to a third party, transmit, post, distribute, show or display or publish in public, adapt or change in any way the Material or Content for any purpose, other than for the purposes expressly allowed by these Terms. This prohibition does not extend to the Material and Content which are freely available for re-use or are in the public domain.

13 Material and Content

13.1 You may read and copy the Material and Content for your own needs, but you may not publish, resell, share, or sub-licence it. 4Retirees makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the Material or Content.

13.2 Third Party Websites
      (a) 4Retirees works with a number of partners and affiliates whose websites or mobile phone applications may be linked with or provided by 4Retirees and are controlled by parties other than 4Retirees (each a Third Party Content);
      (b) 4Retirees is not responsible and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Content, any website accessed from a Third Party Content or any changes or updates to such sites. 4Retirees makes no guarantees about the content or quality of the products or services provided by such sites; and
     (c) Any employment opportunities made available or described through the Services are delivered by third parties, not 4Retirees. By using any information, product, service, or functionality originating from the Services, you are allowing 4Retirees to share information with any third party with whom 4Retirees has a pertinent contractual relationship, but only for the purposes to facilitating the provision of Third Party Content such as products, services, information or functionality offered by the third parties.

14 4Retirees’s use of your material

14.1 By engaging 4Retirees to perform the Service, you acknowledge and agree that 4Retirees is granted an irrevocable, perpetual, worldwide, royalty free right to use your trade mark, logo, photographs, testimonials, feedback or any other data posted to the Website by you, including your name, for the purpose of promoting 4Retirees, the Website and its associated products and services, now and in the future. This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose.

15 Warranty

Our Products and Services come with guarantees that cannot be excluded under your local laws, including under Australian Consumer Law if you are an Australian Consumer. The Company provides no additional warranty.

16 General Disclaimer

16.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) or any applicable local laws, which by law may not be limited or excluded:
     (a) if you are not a Consumer (under the Australian Consumer Law), you agree that 4Retirees has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website, the Services or the Products;
      (b) if you are a Consumer (under the Australian Consumer Law), 4Retirees limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and
   (c) where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, 4Retirees’s liability to you is limited to resupply of the Services or Products or payment of the cost of re-supplying the Services or Products to you.

16.2 Subject to this clause and to the extent permitted by law:
     (a) 4Retirees excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
     (b) 4Retirees will not be liable for any claims, causes of action, damage or expenses arising out of or in connection with the Website or the Services (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, in equity, pursuant to statute, or otherwise.

17 Limitation of liability

17.1 4Retirees’s total liability arising out of or in connection with the Website, the Services, the Products and/or the Terms, however arising, including at law, in equity, under statute, or otherwise, will not exceed $100.00.

17.2 You expressly understand and agree that 4Retirees will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.

17.3 You expressly understand and agree that 4Retirees will not be liable to you for your use of the information in the List of Job Matches. This includes employment, contractual or any other relationship with third parties. Any services provided by third parties are neither endorsed nor guaranteed to be satisfactory to your situation.

17.4 If the Services include providing assistance in relation to the preparation or analysis of any prospective financial information, 4Retirees will not make any statement or representation as to whether any such forecasts or projections will or may be achieved, or whether the assumptions and data underlying any such prospective financial information are accurate, complete or reasonable. 4Retirees will not and does not warrant or guarantee the achievement of any such forecasts or projections. For various reasons, there may be differences, including material differences, between forecasted or projected and actual results, including due to events or circumstances not occurring as expected, or predicted, or due to other circumstances beyond our control. You agree that 4Retirees will not be liable for any such forecasts, projections or prospective financial information.

18 Indemnity

18.1 You agree to indemnify 4Retirees from and against:
   (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
             (i) inaccurate or misleading information provided by you or your agent; or
             (ii) any breach of the Terms.
   (b) any direct or indirect consequences of you accessing, using, posting on, or transacting on the Website or the Services or attempts to do so.

18.2 This indemnity will survive termination of the Terms.

19 Dispute Resolution

19.1 Compulsory Mediation
If a dispute arises out of or relates to the Terms, the Services, the Products or the Website then no party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

19.2 Notice
A party claiming a dispute (Dispute) must, within thirty (30) days of becoming aware of the Dispute, complete the Dispute Resolution Policy and Complaint Form (the Dispute Notice) detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute and serve it on the other party. A copy of the Dispute Resolution Policy and Complaint Form may be requested from 4Retirees by sending an email to legal@4retirees.com.

19.3 Response
Within fourteen (14) days of receipt of the Dispute Notice, the other party must complete a Response Form and serve it on the other party detailing their response to the Dispute and serve it on the other party. A copy of the Response Form may be requested from 4Retirees by sending an email to legal@4retirees.com.

19.4 Resolution
On receipt of the Response by that other party, the parties to the Dispute (the Dispute Parties) must within seven (7) days of the Dispute Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If for any reason whatsoever, twenty-one (21) days after the date of the Dispute Notice, the Dispute has not been resolved, the Dispute Parties acknowledge and agree that 4Retirees may refer the Dispute to a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Disputes Centre’s Guidelines for Commercial Mediation.
The mediation will be held in Sydney, Australia, or by video conference.

19.5 Termination of Mediation
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

19.6 Arbitration for dispute occurring outside Australia
In the event that the Dispute arising out of or relates to the Terms, the Services, any products, or the Platform, outside of Australia is not resolved at the conclusion of the mediation, the Dispute Parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with the Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one (1). This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
However, 4Retirees may apply for immediate injunctive relief in any court of competent jurisdiction.

19.7 Confidential
All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

20 Termination of Services

20.1 The Terms will continue to apply until the deletion of your Account, or until terminated by 4Retirees as set out below.

20.2 If you elect to terminate the Account, you must self-service your membership cancelation or account deletion in your member account, under settings.

20.3 4Retirees may at any time, terminate the Terms with you if:
     (a) you have breached any provision of the Terms or intend to breach any provision;
     (b) 4Retirees is required to do so by law;
    (c) the partner, if any, with whom 4Retirees offered the Services to you has terminated its relationship with 4Retirees or ceased to offer the Services to you;
     (d) 4Retirees is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service;
     (e) the provision of the Services to you by 4Retirees is, in the opinion of 4Retirees, no longer commercially viable; or
      (f) if you have used the Services:
              (i) in breach of any law;
              (ii) in a way that is misleading or deceptive;
              (iii) in a way which is unreasonable as determined by 4Retirees at its absolute discretion; or
           (iv) in a manner which can or does bring 4Retirees into disrepute or could damage 4Retirees’s reputation as determined by 4Retirees at its absolute discretion.

20.4 Subject to local applicable laws, 4Retirees reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages 4Retirees’s name or reputation or violates the rights of those of another party.

20.5 Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and 4Retirees have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

21 Governing Law and Jurisdiction

These Terms and the transaction contemplated hereby shall be governed by, constructed and interpreted in accordance with the laws of the State of New South Wales, Australia. Except as agreed in clause 19.6 you submit to the exclusive jurisdiction of the courts situated in Sydney, Australia in respect of all matters arising out of or relating to these Terms, the Website, the Products, the Services and their performance.

22 Notice

22.1 4Retirees may provide any notice to you under the Terms by sending a message to your email address. The notice provided by 4Retirees to you by email shall be deemed to have been properly given on the date 4Retirees sends the email, regardless of whether you have received the email.

22.2 Unless specified otherwise, any notices provided by you to 4Retirees must be in writing and be delivered either in person, or via registered post to level 2, 11 York Street, Sydney, NSW 2000. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).

23 Severance

If any part of the Terms is found to be void or unenforceable, that part shall be severed, and the rest of the Terms shall remain in force.

24 Waiver

24.1 A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.

24.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

24.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

25 Assignment

25.1 4Retirees may assign or transfer its rights or obligations under the Terms without your consent.

25.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of 4Retirees. A purported assignment without written consent will be deemed to be void and convey no rights..

 

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