These terms and conditions together with your order for Services (Order)(collectively, the Agreement) govern the Services provided by The Objectif Pty Ltd (ACN 663 926 887) to you (You). By signing this document or paying for or accessing the Services, you agree to be bound by this Agreement.

1. (Services) – The Objectif agrees to provide the services as set out in an Order or contained in the description of services set out on The Objectif or Erin Deering website (Services) to You with all reasonable care and skill. Where you are required to make payment for the Services through a third party provider (such as Humanitix), you must comply with the payment terms and any additional terms and conditions provided by the third party provider.

2. (Your Content) – You will provide The Objectif with all information required to allow The Objectif to provide the Services. You must provide information that is true and accurate. You warrant that any content or information you provide does not infringe any rights or any intellectual property rights (including copyright, trade secrets, trade marks or moral rights) (Intellectual Property Rights), of any third parties. You will retain ownership of all material You provide to The Objectif in accordance with this Agreement (including Intellectual Property Rights). You grant The Objectif a licence to use the Intellectual Property Rights in any material for the purpose of The Objectif providing the Services or promoting the services offered generally by The Objectif.

3. (The Objectif Material) – You agree that The Objectif (or its third party licensors) owns all material (The Objectif Material) it provides to you, including all Intellectual Property Rights in such material. You are authorised to use The Objectif Material solely for the purpose for which it was provided. You must not sell, distribute, copy, publish or make derivate works from The Objectif Material.

4. (No Professional Advice) – You acknowledge and agree that any advice or information provided to you by The Objectif or contained in The Objectif Material is for information purposes only and should not be relied on by You. You should seek independent professional advice from a qualified person in the relevant area. The Objectif is not liable for any losses resulting from Your reliance on any information or material The Objectif provides You.

5. (Confidentiality) – Subject to clause 2 , each party agrees to keep any confidential information of the other party (including non-public information relating to the party’s personal life, business, services, customers or affairs) secret and to protect and preserve the confidential nature and secrecy of the confidential information of the other party. The recipient of the confidential information may only use the confidential information of the discloser for the purposes of performing their obligations or exercising their rights under this Agreement.

6. (Promotion and marketing) - You consent to The Objectif referring to You by name as a client in promotional material. The Objectif will only send direct marketing communications (by mail, SMS, email or mail), including about offers, news, promotions or events, where the recipient has consented to The Objectif doing so.

7. (Termination by The Objectif) - The Objectif may terminate this Agreement or cancel the Services (in part or whole) by providing You with written notice prior to the commencement of the Services and in such a case, The Objectif will refund any Fees paid by You in relation to the affected Services. The Objectif may modify, delay or suspend the Services on written notice to You.

8. (Cancellation Policy) – You may terminate this Agreement by providing The Objectif with written notice at least 7 days’ prior to the commencement of the Services, in which case The Objectif will refund You the total Fees paid by You. If you terminate this Agreement with written notice less than 7 days’ prior to the commencement of the Services, The Objectif will refund You the Fees minus a cancellation fee of 50% of the Fees. This is a genuine pre-estimate of the loss suffered as a result of the termination. Once the Services have commenced or the Start Date has passed, you will not be entitled to terminate or cancel the Services.

9. (Indemnity) – You indemnify The Objectif from and against all claims and liabilities sustained or made against The Objectif or its personnel in connection with any breach of Your obligations under clauses 2 , 3 and 5 .

10. (Liability) – Neither party will be liable to the other party, including in negligence, for any consequential loss arising out of or in connection with this Agreement. To the extent permitted by law, each party’s total liability in connection with this Agreement is limited to the Fees paid by You to The Objectif in the six (6) months preceding the event giving rise to the liability.

11. (General) – This Agreement is governed by the laws of Victoria, Australia. Any variation to this Agreement must be in writing.

Last Updated: December 2022