Australia Privacy Policy

Respiree Pte Ltd (“Respiree”) is committed to providing quality services to you and this policy
outlines our ongoing obligations to you in respect of how we manage your Personal information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988
(Cth) (the Privacy Act). The National Privacy Principles (NPPs) govern the way in which we
collect, use, disclose, store, secure and dispose of your Personal information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the
Australian Information Commissioner at https://www.oaic.gov.au/.

1. We respect your privacy

(a) Respiree respects your right to privacy and is committed to safeguarding the
privacy of our customers and website visitors. This policy sets out how we
collect and treat your Personal information.

(b) We adhere to the Australian Privacy Principles contained in the Privacy Act and
to the extent applicable, the EU General Data Protection Regulation (GDPR).

(c) “Personal information” is information we hold which is identifiable as being
about you. This includes information such as your name, email address,
identification number, or any other type of information that can reasonably
identify an individual, either directly or indirectly.

(d) You may contact us in writing at sales@respiree.com for further information
about this Privacy Policy.

2. What personal information is collected

(a) Respiree will, from time to time, receive and store personal information you
submit to our website, provided to us directly or given to us in other forms.

(b) You may provide basic information such as your name, phone number,
facsimile number, address and email address to enable us to send you
information, provide updates and process your product or service order.

(c) We may collect additional information at other times, including but not limited
to, when you provide feedback, when you provide information about your
personal or business affairs, change your content or email preference, respond
to surveys and/or promotions, subscribe to our mail and or marketing lists,
provide financial or credit card information, or communicate with our customer
support.

(d) Additionally, we may also collect any other information you provide while
interacting with us.

(e) If you have general enquiry type questions, you can choose to do this
anonymously or use a pseudonym. We might not always be able to interact
with you this way however as we are often governed by strict regulations that
require us to know who we are interacting with.

3. How we collect your personal information

(a) Respiree collects Personal information from you in a variety of ways, including
when you interact with us electronically or in person, when you access our
website, social media account or platform, customer experience survey,
marketing campaign, feedback and complaint mechanism and when we
engage in business activities with you. We may receive Personal information
from third parties. If we do, we will protect it as set out in this Privacy Policy.

(b) When we collect Personal information, we will, where appropriate and where
possible, explain to you why we are collecting the information and how we plan
to use it.

(c) By providing us with Personal information, you consent to the supply of that
information subject to the terms of this Privacy Policy.

4. How we use your Personal information

(a) Respiree may use Personal information collected from you to provide you with
information about our products or services. We may also make you aware of
new and additional products, services and opportunities available to you.

(b) Respiree will use Personal information only for the purposes that you consent
to. This may include to:

(i) provide you with products and services during the usual course of our
business activities;

(ii) administer our business activities;

(iii) manage, research and develop our products and services;

(iv) provide you with information about our products and services;

(v) communicate with you by a variety of measures including, but not

limited to, by telephone, facsimile, email, sms message or mail; and
(vi) investigate any complaints.

If you withhold your Personal information, it may not be possible for us to
provide you with our products and services or for you to fully access our
website.

(c) We may disclose your Personal information to comply with a legal
requirement, such as a law, regulation, court order, subpoena, warrant, legal
proceedings or in response to a law enforcement agency request.

(d) If there is a change of control in our business or a sale or transfer of business
assets, we reserve the right to transfer to the extent permissible at law our user
databases, together with any Personal information and non-personal
information contained in those databases.

5. Sensitive Personal Information
Sensitive Personal Information is defined in the Privacy Act to include information or
opinion about such things as an individual’s racial or ethnic origin, sexual orientation,
gender identity, criminal record, health or genetic information, political opinions,
membership of a political association, religious or philosophical beliefs, membership of
a trade union or other professional body, criminal record or health information.
We will only collect sensitive information with your consent (unless the collection of
such information without obtaining your consent is required by law).
Sensitive information will be used by us only:

(a) For the primary purpose for which it was obtained.

(b) For a secondary purpose that is directly related to the primary purpose.

6. Disclosure of your Personal Information

(a) Respiree may disclose your Personal information to any of our employees,
officers, insurers, professional advisers, agents, suppliers or subcontractors
insofar as reasonably necessary for the purposes set out in this privacy policy.

(b) We may disclose where you consent to the use or disclosure.

(c) If we do disclose your Personal information to a third party, we will protect it
in accordance with this privacy policy.

(d) Where required or authorised by law.

7. General Data Protection Regulation (GDPR) for the European Union (EU)

(a) Respiree will comply with the principles of data protection set out in the GDPR
for the purpose of fairness, transparency and lawful data collection and use.

(b) We process your Personal information as a Processor and/or to the extent
that we are a Controller as defined in the GDPR.

(c) We must establish a lawful basis for processing your Personal information.
The legal basis for which we collect your Personal information depends on the
data that we collect and how we use it.

(d) We will only collect your Personal information with your express consent for a
specific purpose and any data collected will be to the extent necessary and
not excessive for its purpose. We will keep your data safe and secure.

(e) We will also process your Personal information if it is necessary for
our legitimate interests, or to fulfil a contractual or legal obligation.

(f) We process your Personal information if it is necessary to protect your life or in
a medical situation, it is necessary to carry out a public function, a task of public
interest or if the function has a clear basis in law.

(g) We do not collect or process any Personal information from you that is
considered “Sensitive Personal Information” under the GDPR, such as
personal information relating to your sexual orientation or ethnic origin unless
we have obtained your explicit consent, or if it is being collected subject to and
in accordance with the GDPR.

(h) You must not provide us with your Personal information if you are under the
age of 16 without the consent of your parent or someone who has parental
authority for you. We do not knowingly collect or process the Personal
information of children.

8. Your rights under the GDPR

(i) If you are an individual residing in the EU, you have certain rights as to how
your Personal information is obtained and used. Respiree complies with your
rights under the GDPR as to how your Personal information is used and
controlled if you are an individual residing in the EU

(j) Except as otherwise provided in the GDPR, you have the following rights:

(i) to be informed how your Personal information is being used;

(ii) access your Personal information (we will provide you with a free copy
of it);

(iii) to correct your Personal information if it is inaccurate or incomplete;

(i) to delete your Personal information (also known as “the right to
be forgotten”);

(ii) to restrict processing of your Personal information;

(iii) to retain and reuse your Personal information for your own purposes;

(iv) to object to your Personal information being used; and

(v) to object against automated decision making and profiling.

(d) We may ask you to verify your identity before acting on any of your requests.

9. Hosting and International Data Transfers

(a) Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia.

(b) We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Respiree’s Data Protection Officer.

(c) The hosting facilities for our website are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Respiree’s Data Protection Officer.

(d) Our Suppliers and Contractors are situated in Australia and outside of Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of Binding Corporate Rules 1 , a copy of which you can obtain from Respiree’s Data Protection Officer.

(e) You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

10. Security of your Personal Information

(a) Respiree is committed to ensuring that the information you provide to us is
secure. In order to prevent unauthorised access or disclosure, we have put in
place suitable physical, electronic and managerial procedures to safeguard
and secure information and protect it from misuse, interference, loss and
unauthorised access, modification and disclosure.

(b) Where we employ data processors to process Personal information on our
behalf, we only do so on the basis that such data processors comply with the
requirements under the GDPR and that have adequate technical measures in
place to protect Personal information against unauthorised use, loss and theft.

(c) The transmission and exchange of information is carried out at your own risk.
We cannot guarantee the security of any information that you transmit to us, or
receive from us. Although we take measures to safeguard against unauthorised
disclosures of information, we cannot assure you that Personal information that
we collect will not be disclosed in a manner that is inconsistent with this Privacy
Policy.

(d) When your Personal information is no longer needed for the purpose for which it
was obtained, we will take reasonable steps to destroy or permanently
de-identify or rendered inaccessible your Personal Information. However, most
of the Personal Information is or will be stored in client files which will be kept by
us for a minimum of 7 years.

11. Access to your Personal Information

(a) You may request details of Personal information that we hold about you in
accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent
applicable the EU GDPR. If you would like a copy of the information which we
hold about you or believe that any information we hold on you is inaccurate, out
of date, incomplete, irrelevant or misleading, please email us at
sales@respiree.com.

(b) We reserve the right to refuse to provide you with information that we hold about
you, in certain circumstances set out in the Privacy Act or any other applicable
law.

12. Complaints about Privacy

(c) If you have any complaints about our privacy practices, please feel free to send
in details of your complaints to sales@respiree.com. We take complaints very
seriously and will respond shortly after receiving written notice of your
complaint.

13. Maintaining the Quality of your Personal Information

It is an important to Respiree that your Personal information is up to date. We will take
reasonable steps to make sure that your Personal information is accurate, complete and
up-to-date. If you find that the information we have is not up to date or is inaccurate,
please advise us as soon as practicable so we can update our records and ensure we
can continue to provide quality services to you.

14. Changes to Privacy Policy

(d) Please be aware that we may change this Privacy Policy in the future. We may
modify this Policy at any time, in our sole discretion and all modifications will be
effective immediately upon our posting of the modifications on our website or
notice board. Please check back from time to time to review our Privacy Policy.

15. Website

(e) When you visit our website
When you come to our website https://www.respiree.com , we may collect
certain information such as browser type, operating system, website visited
immediately before coming to our site, etc. This information is used in an
aggregated manner to analyse how people use our site, such that we can
improve our service.

(b) Cookies
We may from time to time use cookies on our website. Cookies are very small
files which a website uses to identify you when you come back to the site and to
store details about your use of the site. Cookies are not malicious programs that
access or damage your computer. Most web browsers automatically accept
cookies but you can choose to reject cookies by changing your browser
settings. However, this may prevent you from taking full advantage of our
website. Our website may from time to time use cookies to analyses website
traffic and help us provide a better website visitor experience. In addition,
cookies may be used to serve relevant ads to website visitors through third party
services such as Google AdWords. These ads may appear on this website or
other websites you visit.

(c) Third party sites
Our site may from time to time have links to other websites not owned or
controlled by us. These links are meant for your convenience only. Links to third
party websites do not constitute sponsorship or endorsement or approval of
these websites. Please be aware that Respiree is not responsible for the
privacy practises of other such websites. We encourage our users to be aware,
when they leave our website, to read the privacy statements of each and every
website that collects personal identifiable information.

16. Effective date This policy is effective from 2023.

WEBSITE PRIVACY POLICY

This Privacy Policy applies to all Personal information collected by Respiree via the website located at https://www.respiree.com.

1. What is “Personal information”?

(a) The Privacy Act 1988 (Cth) currently defines “Personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not.

(b) If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal information” and will not be subject to this privacy policy.

2. What Information do we collect?

The kind of Personal information that we collect from you will depend on how you use the website. The Personal information which we collect and hold about you may include:

(a) an individual’s name, signature, address, phone number or date of birth

(b) sensitive information

(d) employee record information

(e) photographs

(f) internet protocol (IP) addresses

(g) other contact details such as social media handles

(h) voice print and facial recognition biometrics (because they collect characteristics that make an individual’s voice or face unique)

(i) location information from a mobile device (because it can reveal user activity patterns and habits)

3. How we collect your Personal information

(a) We may collect Personal information from you whenever you input such
information into the website.

(b) We also collect cookies from your computer which enable us to tell when you use
the website and also to help customise your website experience. As a general
rule, however, it is not possible to identify you personally from our use of cookies.

4. Purpose of Collection

(a) The purpose for which we collect Personal information is to provide you with the
best service experience possible on the website.

(b) We customarily disclose personal information only to our service providers who
assist us in operating the website. Your personal information may also be
exposed from time to time to maintenance and support personnel acting in the
normal course of their duties.

(c) By using our website, you consent to the receipt of direct marketing material. We will
only use your personal information for this purpose if we have collected such
information direct from you, and if it is material of a type which you would
reasonably expect to receive from us. We do not use sensitive personal
information in direct marketing activity. Our direct marketing material will include a
simple means by which you can request not to receive further communications of
this nature.

5. Access and Correction
Australian Privacy Principle 12 permits you to obtain access to the Personal information
we hold about you in certain circumstances, and Australian Privacy Principle 13 allows
you to correct inaccurate Personal information subject to certain exceptions. If you would
like to obtain such access, please contact us as set out below.

6. Complaint Procedure
If you have a complaint concerning the manner in which we maintain the privacy of your
Personal information, please contact us as set out below. All complaints will be
considered by Respiree and we may seek further information from you to clarify your
concerns. If we agree that your complaint is well founded, we will, in consultation with
you, take appropriate steps to rectify the problem. If you remain dissatisfied with the
outcome, you may refer the matter to the Office of the Australian Information
Commissioner.

7. Overseas Transfer

Your Personal information may be transferred to recipients located in Singapore.
Singapore has data protection laws which protect personal information in a way which is
at least substantially similar to the Australian Privacy Principles, and there will be
mechanisms available to you to enforce protection of your Personal information under that
overseas law. In the circumstances, we do not require the overseas recipients to comply
with the Australian Privacy Principles and we will not be liable for a breach of the
Australian Privacy Principles if your Personal information is mishandled.

8. GDPR

In some circumstances, the European Union General Data Protection Regulation
(GDPR) provides additional protection to individuals located in Europe. Where this is the
case, there may be additional rights and remedies available to you under the GDPR if
your Personal information is handled in a manner inconsistent with that law.

9. How to contact us about privacy

If you have any queries, or if you seek access to your Personal information, or if you
have a complaint about our privacy practices, you can contact us through:
sales@respiree.com.

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

a. Welcome to https://www.respiree.com.

b. The Website is operated by Respiree Pte Ltd (“respiree”). Access to and use of
the Website, or any of its associated Products or Services, is provided Respiree.
Please read these terms and conditions (Terms) carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and
agree to be bound by the Terms. If you do not agree with the Terms, you must
cease usage of the Website, or any of Services, immediately.

c. Respiree reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When Respiree updates the Terms, it will use
reasonable endeavours to provide you with notice of updates to the Terms. Any
changes to the Terms take immediate effect from the date of their publication.
Before you continue, we recommend you keep a copy of the Terms for your
records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Respiree in the user interface.

3. Registration to use the Services

a. In order to access the Services, you must first register for an account through the
Website (Account).

b. As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Contact number

(v) Account login and password

(vi) Date of Birth

(vii)Place of Birth

(viii) Health information including medical history

(ix) Physical attributes such as gender, height, weight and diet

(x) Personal information necessary for security scrutiny.

(k) You warrant that any information you give to Respiree in the course of completing
the registration process will always be accurate, correct and up to date.

(l) Once you have completed the registration process, you will be a registered
member of the Website (Member) and agree to be bound by the Terms.

(m) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Respiree; or

(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Services.

4. Your obligations as a Member

(f) As a Member, you agree to comply with the following:

(i) You will use the Services only for purposes that are permitted by:

1. the Terms; and

2. any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;

(vi) You have the 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 the Services;

(vii) Any use of your registration information by any other person, or third parties,
is strictly prohibited. You agree to immediately notify Respiree of any
unauthorised use of your password or email address or any breach of
security of which you have become aware;

(viii)Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Respiree providing the Services;

(ix) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Respiree;

(x) You will not use the Services or 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;

(xi) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Respiree for any illegal or unauthorised use of the Website; and

(xii) You acknowledge and agree that any automated use of the Website or its Services is prohibited. 5. Payment a. Where the option is given to you, you may make payment for the Services (Services Fee) by way of:

i. Electronic funds transfer (EFT) into our nominated bank account

ii. Credit Card Payment (Credit Card)

iii. PayPal (PayPal)

iv. Cash (Cash)

v. Cheque (Cheque)

b. All payments made in the course of your use of the Services are made using above methods. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the above Services terms and conditions which are available on their website.

c. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

d. You agree and acknowledge that Respiree can vary the Services Fee at any time.

(d) You may not, without the prior written permission of Respiree and the permission
of any other relevant rights owners: broadcast, republish, up-load to a third party,
transmit, post, distribute, show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless otherwise provided by
these Terms. This prohibition does not extend to materials on the Website, which
are freely available for re-use or are in the public domain.

8. Privacy

(a) Respiree takes your privacy seriously and any information provided through
your use of the Website and/or Services are subject to Respiree’s Privacy
Policy, which is available on the Website.

9. General Disclaimer

(a) 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) which by law may not be
limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in the Terms are excluded; and

(ii) Respiree will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet an applicable Consumer Guarantee), loss of profit
or opportunity, or damage to goodwill arising out of or in connection with
the Services or these Terms (including as a result of not being able to use
the Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Respiree make any express or
implied representation or warranty about the Services or any products or Services
(including the products or Services of Respiree) referred to on the Website. This
includes (but is not restricted to) loss or damage you might suffer as a result of
any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful

6. Refund Policy Respiree will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Respiree makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

7. Copyright and Intellectual Property

a. The Website, the Services and all of the related products of Respiree are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Respiree or its contributors.

b. All trademarks, service marks and trade names are owned, registered and/or by Respiree who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a Member to: (i) use the Website pursuant to the Terms; (ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and (iii) print pages from the Website for your own personal and non-commercial use. Respiree does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Respiree.

(c) Respiree retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

8. Privacy

(a) Respiree takes your privacy seriously and any information provided through
your use of the Website and/or Services are subject to Respiree’s Privacy
Policy, which is available on the Website.

9. General Disclaimer

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in the Terms are excluded; and

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Respiree; and

(iv) the Services or operation in respect to links which are provided for your convenience

10. Limitation of liability

(a) Respiree’s total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the Services to
you.

(b) You expressly understand and agree that Respiree, its affiliates, employees,
agents, contributors and licensors shall 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 shall include, but is
not limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Respiree as
set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Respiree with days’ notice of your intention to terminate;
and

(ii) closing your accounts for all of the services which you use, where
Respiree has made this option available to you.
Your notice should be sent, in writing, to Respiree via the ‘Contact Us’ link on our
homepage.

(i) you have breached any provision of the Terms or intend to breach any
provision;

(ii) Respiree is required to do so by law;

(iii) the provision of the Services to you by Respiree is, in the opinion of
Respiree, no longer commercially viable.

(d) Subject to local applicable laws, Respiree reserves the right to discontinue or
cancel your membership 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 impacts Respiree’s name or reputation or violates the rights of
those of another party.

12. Indemnity

(a) You agree to indemnify Respiree, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:

(i) 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 your content;

(ii) any direct or indirect consequences of you accessing, using or
transacting on the Website or attempts to do so; and/or

(iii) any breach of the Terms.

13. Dispute Resolution

(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not 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).

(b) Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;

(ii) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of The Law Society of Victoria. Here is a list of
all mediation bodies in Australia – www.amr.asn.au. or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Melbourne, Australia.

(d) Confidential: All communications concerning negotiations made by the 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.

(e) Termination of Mediation: If 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.

14. Venue and Jurisdiction

(a) The Services offered by Respiree is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

15. Governing Law

(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.