Terms of Service for Using Website

BACKGROUND

WOW International Group Pty Ltd (ACN 669 023 634) (referred to throughout the Website as ‘we’, ‘us’, ‘our’ and ‘WOW’), operates the website located at www.wowwomen.com.au (the Website). WOW offers the Website (including all information, tools and services) to you, the user, on the terms and
conditions stated herein (Terms of Use). By visiting the Website or participating in any of WOW’s Programs, you agree to be bound by these Terms of Use and WOW’s Privacy Policy (which can be found here: https://wowwomen.com.au/privacy-policy/ ).

Please read the Terms of Use carefully before accessing or using the Website, or participating in any of WOW’s Programs. If you do not agree to the Terms of Use, then you must not access the Website or participate in any of WOW’s Programs. You can view the most current version of the Terms of Use at any
time by accessing this page.

OPERATIVE PROVISIONS

1 Definitions and Interpretation

1.1 Definitions

On the Website, unless the context otherwise requires:

Business Day means a day on which banks are open for business in Victoria, Australia, other than a Saturday, Sunday or public holiday;

Claim means any notice, demand, costs (including legal costs), expenses, debts, dues, liabilities, damages, losses, actions, proceedings, suits, causes, litigation, investments or judgments, howsoever arising;

Community means the Website, any social media pages owned or operated by WOW, and any other online or in person forums or events provided or hosted by WOW;

Confidential Information means:

(a) any trade secrets;

(b) Intellectual Property;

(d) any other information (whether written, oral, electronic or in any other form) that is:

(i) identified as confidential by the party disclosing the information at the time of disclosure; or

(ii) of a nature that should reasonably be regarded as confidential by the party receiving the information (Receiving Party); but does not include any information that:

(a) was in the public domain when it was disclosed to the Receiving Party, or becomes part of the public domain after being disclosed to the Receiving Party (except through disclosure contrary to these Terms of Use or any other obligation of confidence);

(b) was lawfully in the Receiving Party's possession at the time of disclosure on a non- confidential basis;

(c) the Receiving Party lawfully receives from a third party that has the right to disclose it to the Receiving Party; or

(d) the Receiving Party is required to disclose pursuant to law, or an order of a court or tribunal.

Intellectual Property means:

(a) know-how;

(b) trademarks, whether registered or unregistered;

(d) business names;

(e) Confidential Information;

(f) copyright, moral rights, inventions, patents, patent applications, designs; and

(g) any other legally-recognised intellectual property right;

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as may be
amended or replaced from time-to-time;

Participant means any person who participates in any of WOW’s Products;

Products means the Programs and other services offered by WOW from time-to-time;

Programs means the programs offered by WOW from time-to-time;

Registered Account means the account that you must register with WOW before purchasing any Products;

Terms of Use means the terms and conditions contained herein, which you agree that you must comply with when you purchase any of WOW’s Products or use the Website or WOW’s Community;

User means any person who uses the Website or WOW’s Community in any manner;

Website means the website operated by WOW at www.wowwomen.com.au ; and

WOW means WOW International Group Pty Ltd (ACN 669 023 634).

1.2 Interpretation

These rules of interpretation apply throughout these Terms of Use, unless the context requires otherwise:

(a) the singular includes the plural and vice versa;

(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(c) a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;

(d) references to a person include a corporation, firm, partnership, joint venture, association, authority, trust, state, government, and any other entity recognised by law;

(e) a reference to any body that no longer exists or has been reconstituted, renamed, replaced or whose powers of functions have been removed or transferred to another body or agency, is a reference to the body most clearly serving the purposes and/or objects of the first- mentioned body;

(f) references to legislation or legislative provisions include modifying, amending, consolidating, subordinate or replacing legislation or legislative provisions;

(g) a reference to a clause, schedule or annexure is a reference to a clause of or a schedule or annexure to these Terms of Use;

(h) a reference to a document includes the document as varied, amended, novated, supplemented or replaced from time-to-time, regardless of any changes in the identity of the parties;

(i) a reference to a party includes the party's executors, administrators, successors, agents, and permitted substitutes and assigns;

(j) a reference to dollars or currency is to Australian currency unless otherwise indicated;

(k) the mention of anything after “includes”, “including”, “for example” or similar expressions does not limit what else might be included;

(l) any agreement, representation, warranty or indemnity:

(i) by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally; and

(ii) in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

(m) a rule of construction does not apply to the disadvantage of a party merely because that party was responsible for the preparation of these Terms of Use;

(n) a reference to time is to the time in Melbourne, Australia;

(o) headings are for convenience only and do not otherwise affect the interpretation of these Terms of Use; and

(p) if the day on which any act, matter or thing is to be done under or pursuant to these Terms of Use is not a Business Day, that act, matter or thing must be done on or by the next Business Day.

2 Application

(a) The Website gives you an opportunity to browse and purchase the Products offered by WOW. By accessing, downloading or using the Website or any of WOW’s Products, you agree to be bound by these Terms of Use, regardless of whether you register as a member.

(b) These Terms of Use:

(i) govern your use of the Website, as well as any Products you purchase from WOW;

(ii) form a binding contractual agreement between you and WOW; and

(iii) prevail other any other previous general or specific agreement that you may purport to rely upon, with WOW not being bound by any additional or conflicting terms and conditions in respect of these Terms of Use unless expressly agreed to in writing.

3 Warranties

You warrant that you:

(a) have read these Terms of Use;

(b) fully understand, comprehend and agree to the Terms of Use;

(d) acknowledge and understand that the Products offered by WOW are intended for people aged 18 years and over.

4 Your Obligations

4.1 When Using the Website or WOW’s Community

When using the Website or participating in WOW’s Community, you must not:

(a) post any:

(i) comments, photos or other material that are:

(A) unlawful, fraudulent, misleading, deceitful, libelous, defamatory, pornographic, indecent, lewd or otherwise objectionable; or

(B) threatening, abusive, harassing, offensive, inflammatory, degrading, intimidating or hateful, including (without limitation) on account of another User’s religion, gender, sexual orientation, race, ethnicity, age or disability;

(ii) personal or identifying information about another person without that other person’s consent;

(iii) sensitive, non-public information about a company without that company’s consent;

(iv) information that promotes or advertises any groups, events or activities, including (without limitation) those that are in competition with WOW;

(v) advertisements, solicitations, investment opportunities or any other unsolicited commercial communication, except with WOW’s prior written consent; or

(vi) software viruses, worms or other harmful codes;

(b) contact another User, except with their prior written permission;

(c) collect personal data about other Users, including (without limitation) for commercial or unlawful purposes, without their prior written permission;

(d) harvest leads in any way; or

(e) use any manual or automated software, script robots or other similar devices to access data or information.

4.2 When Purchasing WOW’s Products

(a) Before purchasing any of WOW’s Products, you must create a Registered Account.

(b) In creating a Registered Account, you acknowledge and agree that:

(i) you must provide accurate, complete and up-to-date information;

(ii) you must inform WOW of any changes to your registration information;

(iii) WOW may, in its sole discretion, request you to provide a form of identification to verify your identity;

(iv) you are solely responsible for protecting the password (Password) for your Registered Account;

(v) you must not reveal (or cause to be revealed through any act or omission) your Password to any other person;

(vi) you are solely responsible for all activity carried out using your Registered Account, whether the activity is undertaken by you or another person; and

(vii) you must immediately provide written notice to WOW if your Password is lost or becomes known to any other person, or you become aware that there has been any unauthorised use of your Registered Account.

4.3 When Participating in WOW’s Programs

When participating in WOW’s Programs, you must at all times:

(a) provide your full attention;

(b) promptly complete all activities;

(d) be responsible for your own results, including (without limitation) by complying with all reasonable directions given by WOW’s staff and using the resources provided to you in the Program (including templates, guides, videos and spreadsheets); and

(e) be direct, truthful and open with WOW’s staff.

4.4 WOW’s Rights When You Breach Your Obligations

If in WOW’s reasonable opinion you have breached any of your obligations under clauses 4.1-4.3 herein, WOW may (in its sole discretion):

(a) modify, reject, delete or remove anything you have posted on the Website or WOW’s Community;

(b) restrict your use of the Website or WOW’s Community;

(d) disclose any of your information to the relevant authority for the purposes of any police investigation or pursuant to any governmental request.

5 Price

(a) If you purchase any Products from WOW (through the Website or otherwise), you must:

(i) pay WOW in full within 14 calendar days of receiving an invoice rendered in accordance with the GST Act; and

(ii) not make any deduction from any invoice on account of any set-off, counterclaim or withholding.

(b) If you fail to pay WOW any amount required under these Terms of Use by the due date for payment, you agree and acknowledge that you must also:

(i) pay WOW interest on the outstanding amount at the rate prescribed from time-to-time by the Penalty Interest Rates Act 1983 (Vic) plus 2%, which interest shall accrue each day from the due date until the date payment is received in full; and

(ii) indemnify WOW against all costs it incurs (including, without limitation, legal costs) as a result of your failure to pay.

(i) suspend performance of any obligations it may otherwise owe you under these Terms of Use;

(ii) cease providing you with any of its Products if you refuse to remedy the failure to pay within 5 Business Days of receiving written notice of the failure from WOW; and

(iii) inform credit watch monitoring services of your failure to pay, and any ongoing default trends or payment-avoiding strategies you have employed.

(d) Where you pay for WOW’s Products through an online automated billing system, you must:

(i) ensure sufficient funds are available in your nominated account to meet any account withdrawals that WOW is entitled to make; and

(ii) where you default in making any payment, authorise WOW to debit the outstanding amount from your nominated account at a future date without notification.

6 GST

(a) Unless the context requires otherwise, terms in this clause 6 that are defined in the GST Act have the same meaning as in that Act.

(b) Unless otherwise agreed between you and WOW, any amount payable by you under these Terms of Use is exclusive of goods and services tax (GST).

(c) If WOW makes a supply under or in connection with these Terms of Use on which GST is imposed, not being a supply the consideration for which is specifically described as being ‘GST inclusive’, then upon receipt of an invoice rendered in accordance with the GST Act:

(i) in addition to the consideration payable or to be provided for that supply, you must also pay WOW an amount equal to the GST payable on that supply; and

(ii) such additional amount on account of GST must be paid to WOW at the same time and in the same manner as consideration for the supply is payable or to be provided.

(d) Any amount that you are required to reimburse WOW for under clause 6(c) will be reduced by the amount of any input tax credit to which WOW is entitled.

(e) In addition to clauses 6(a)-(d), you must also reimburse WOW for any other taxes or duties it incurs under these Terms of Use, except for those expressly excluded in the price you pay WOW for its Products or where WOW has agreed otherwise in writing.

7 Returns and Cancellations

(a) To the fullest extent permitted by law, any purchase of WOW’s Products is final and no refunds will be offered or granted, regardless of whether you (without limitation):

(i) are absent or withdraw from the Product prior to its completion date; or

(ii) have accessed any information or other material provided to you as part of the Product.

(b) You acknowledge and agree that you must not chargeback (or attempt to chargeback) with your nominated credit card provider any amounts you pay for any of WOW’s Products.

8 Limitations of Liability

(a) WOW’s liability in any dealings with you is limited to the extent provided for in this clause 8.

(b) All guarantees, terms, conditions, warranties, undertakings, indemnities, inducements, statements or representations (whether express, implied, written, oral, statutory or otherwise) relating to the Website or any of WOW’s Products are hereby excluded absolutely, and to the extent that they cannot be excluded, WOW disclaims all liability in relation to them.

(i) your use of the Website or any of WOW’s Products does not give rise to any kind of professional relationship between you and WOW, and hence:

(A) before acting on any information that WOW provides to you, you should always use caution and seek professional advice on any questions you may have in relation to your specific circumstances; and

(B) you should never disregard any professional advice, or delay in seeking any professional advice, because of any information you have been provided by
WOW;

(ii) you are solely responsible for any actions, omissions, progress and results directly or indirectly connected with WOW’s Products;

(iii) whilst WOW will endeavour to ensure that the Website and its Products are accurate, it makes no representations and gives no guarantees or warranties that any content is current, accurate, suitable, available or fit for any purpose;

(iv) WOW is not responsible for and does not control, endorse or approve the content on any third party website you may access, regardless of whether that access occurred through a link provided on the Website or otherwise through WOW, and you should make your own investigations regarding the suitability of any such websites;

(v) if you access the Website or use any of WOW’s Products while based overseas, you do so at your own risk and WOW makes no representations as to whether the Website or its Products comply with any laws of the jurisdiction in which you are based;

(vi) WOW’s Products are intended for general education and information purposes only, and neither the Website nor any of WOW’s Products are tailored to any specific industry or purport to offer any investment, financial, tax, legal or other professional advice;

(vii) WOW provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decisions you make (and the consequences that flow from such decisions) are your sole responsibility, with your ultimate success depending on many factors (including, without limitation, your dedication, participation, desire and motivation);

(viii) any financial representations or other past performance information (e.g. stock, share and portfolio performance of previous Participants) on the Website or otherwise provided by WOW are used for illustrative purposes only and should not be considered as promises or guarantees of or relied upon as indications of your own future financial performance;

(ix) WOW cannot and does not make any guarantees about your ability to get results or earn any money with its ideas, information, tools or strategies;

(x) given the nature of WOW’s Products, the results experienced by Participants may differ from person-to-person;

(xi) there is an inherent risk in any business enterprise or activity, and hence there is no guarantee that you will earn any money as a result of purchasing WOW’s Products;

(xii) neither WOW, nor any of its Directors, principals, employees or representatives will be liable under any circumstances for:

(A) any decisions you make or any losses that may arise from any business or personal decisions that you make at any time; or

(B) any of WOW’s Products failing to achieve a certain level of performance, achieve a certain outcome, solve a particular problem or attain a specific goal;
and

(xiii) in no circumstances will WOW be liable for any direct, indirect, special or consequential loss or damage whatsoever caused to you or any third party as a result of you using the Website or purchasing any of WOW’s Products, including as a result of negligence, breach of contract, misrepresentation or otherwise. Such indirect or consequential loss includes (without limitation) loss of actual or anticipated profits, loss of overheads, loss of opportunity, loss of contract and loss of revenue that may arise as a result of:

(A) your reliance on the completeness, accuracy, suitability or currency of information on the Website (including any third party material or advertisements), or any information provided to you as part of WOW’s Products;

(B) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to your records you encounter while using the Website or any of WOW’s Products;

(D) you accessing any third party website or server, regardless of whether that access occurred through a link provided on the Website or otherwise through
WOW; or

(E) failure to complete (or delay in completing) any credit card or bank transaction, or any other difficulty encountered when making or attempting to make a financial transaction on the Website or when purchasing WOW’s Products.

(d) To the extent that WOW cannot limit its liability as provided for in this clause 8, its liability is limited (in its sole discretion) to:

(i) resupplying the relevant Product to you; or

(ii) refunding to you any price you paid for the relevant Product.

9 Indemnity

(a) To the fullest extent permitted by law, you must indemnify WOW against:

(i) all Claims incurred or suffered by you or WOW as a direct or indirect consequence of you using (or attempting to use) the Website or any of WOW’s Products; and

(ii) any default in performing or observing your obligations under these Terms of Use, including against:

(A) all Claims arising out of or in connection with the default, including (without limitation) any Claim brought by a third party; and

(B) all costs and expenses WOW incurs in exercising its rights as a result of the default, including (without limitation) on account of collection costs, debt
recovery fees and legal costs on an indemnity basis.

(b) Any indemnity arising under this clause 9 will be a debt due and owing by you to WOW, and it isn’t necessary for WOW to incur any expense or make any payment before enforcing its right of indemnity.

(i) is a continuing obligation separate and independent from your other obligations under these Terms of Use;

(ii) continues in full force and effect even after you have ceased visiting the Website and using WOW’s Products; and

(iii) survives any termination, completion or expiration of these Terms of Use.

10 Confidential Information

(a) WOW must:

(i) treat any personal information it receives from you in accordance with its Privacy Policy (which can be accessed here: https://wowwomen.com.au/privacy-policy/ ); and

(ii) handle any logins, database contact information and Confidential Information received from you in the strictest of confidence.

(b) You acknowledge and agree that:

(i) any Confidential Information shared by WOW (or its employees or agents) or another Participant or User (Disclosing Party):

(A) is confidential and proprietary;

(B) belongs solely and exclusively to the Disclosing Party; and

(ii) you must use reasonable care to protect a Disclosing Party’s Confidential Information from public disclosure;

(iii) while you are free to discuss with others the personal results you achieve from using WOW’s Products, you must keep the experiences and statements (whether written or oral) of other Participants in the strictest of confidence;

(iv) as soon as practicable (but, in any event, within 5 Business Days) after receiving a request, you must return to the Disclosing Party any Confidential Information in your possession and/or control;

(v) WOW will treat any of your enquiries or feedback as non-proprietary and non- confidential, unless you have provided WOW with express written notice otherwise; and

(vi) WOW may disclose your Confidential Information where it has been anonymised, or where you have provided your prior written consent.

11 Intellectual Property

(a) You acknowledge and agree that:

(i) the trademarks and logos on the Website (including, without limitation, WOWWomen.com.au, WOW Women®, and WOW Women Money):

(A) are the registered and/or unregistered trademarks of WOW; and

(B) must not be used in connection with any product or service without WOW’s prior express written permission;

(ii) you grant WOW a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, view, copy, adapt, modify, distribute, licence, sell, transfer, communicate, publicly display, transmit, stream, broadcast or otherwise exploit any information you post on the Website or WOW’s Community, or otherwise share while using any of WOW’s Products;

(iii) you are solely responsible for anything you post on the Website or WOW’s Community, and you represent and warrant to WOW that

(A) you are either:

(I) the sole and exclusive owner of all content you post; or

(II) you have all rights, licences, consents and releases necessary to grant WOW the rights in such content; and

(B) neither the content, nor the posting, uploading, publication, submission or transmission of the content or WOW’s use of the content on, through or by
means of the Website will infringe, misappropriate or violate any third party’s Intellectual Property rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.

(iv) you must take all necessary precautions to maintain the secrecy and confidentiality of WOW’s Intellectual Property;

(v) you must not disclose any of WOW’s Intellectual Property to any third party without WOW’s prior written consent;

(vi) WOW owns and retains all Intellectual Property rights in any material or information it provides to you (including, without limitation, any course content, text, graphics or coding provided to you when you purchase any of WOW’s Products), or which you access on the Website or by participating in WOW’s Community (WOW’s Content);

(vii) you do not acquire any ownership rights in WOW’s Content as a result of using the Website or being a Participant in any of WOW’s Products;

(viii) while you may access, browse or print WOW’s Content for non-commercial, personal or internal business use, you must not copy, reproduce, retransmit, cause to be embedded or framed in another website or platform, distribute, publish, broadcast, circulate or use in any other way WOW’s Content outside of the setting in which you encountered it without WOW’s prior express written permission;

(ix) modification of WOW’s Content for any purpose is a violation of WOW’s Intellectual Property rights, and is strictly prohibited; and

(x) selling WOW’s Content is strictly prohibited.

(b) To the fullest extent permitted by law, you acknowledge and agree that:

(i) WOW owns all Intellectual Property in any photograph, recording or testimonial taken of you while you are a Participant in any of WOW’s Products;

(ii) you must do all things reasonably required by WOW to:

(A) vest all right, title and interest to any Intellectual Property created under clause 11(b)(i) in WOW as absolute legal and beneficial owner; and

(B) secure and preserve full protection over any Intellectual Property created under clause 11(b)(i) in favour of WOW; and

(iii) WOW may use and reproduce any information relating to your name, likeness, voice, testimonial and biographical material acquired as a result of you being a Participant in any of WOW’s Products:

(A) in any medium, including (without limitation) television, radio, digital print media or online;

(B) for any purpose, including (without limitation) public relations, education, advertising, marketing, training and research; and

(C) without being required to make any payment to you (on account of royalties or otherwise), regardless of whether WOW charges or collects a fee for any
product or service promoted in conjunction with the use of such material.

12 Dispute Resolution

12.1 Dispute

If a dispute arises between you and WOW under these Terms of Use (Dispute), then:

(a) either party may provide written notice to the other party, specifying the nature of the Dispute and the outcome sought; and

(b) the Dispute must be dealt with in accordance with this clause 12.

12.2 Procedure

(a) When a Dispute exists, both you and WOW (or our respective representatives who have the authority to reach a binding resolution of the dispute) must meet to discuss the resolution of the Dispute in good faith.

(b) If:

(i) the Dispute is resolved, then the resolution must be set out in a statement signed by both you and WOW; or

(ii) the Dispute cannot be resolved within 10 Business Days after notice of the Dispute has been given under clause 12.1(a) (or such other period agreed to in writing by both you and WOW), then the Dispute must be referred within 5 Business Days to the Resolution Institute for mediation.

(i) the mediation may be conducted in person (at a location agreed to by both you and WOW in writing), or via telephone or any other instantaneous means of audio or audio-visual conferencing;

(ii) the costs of the mediator must be borne equally; and

(iii) the mediator shall determine the rules for the mediation, but will have no power or authority to make any other determination in relation to the Dispute.

12.3 Application to Court

(a) If the Dispute has not been resolved within 5 Business Days of mediation commencing under clause 12.2 (or such other period agreed to in writing between you and WOW), either party may commence legal proceedings in relation to the Dispute.

(b) Nothing in this clause 12 prevents either you or WOW from bringing court proceedings seeking an injunction or other urgent interlocutory relief.

12.4 Costs of Dispute Resolution

Besides payment of the mediator’s costs pursuant to clause 12.2(c)(ii), both parties must otherwise pay their own costs and disbursements in relation to a Dispute (subject to any court or tribunal orders to the contrary).

12.5 Continuing Obligations

To the fullest extent possible, both parties must continue to perform their respective obligations under these Terms of Use while attempting to resolve the Dispute.

13 Breach of Terms of Use

(a) Upon providing written notice to you, WOW may immediately (in its sole discretion):

(i) suspend its obligations towards you if you breach these Terms of Use;

(ii) cease providing you with any of its Products, or prevent you from accessing the Website or WOW’s Communtiy, if you:

(A) commit a material breach of these Terms of Use that is not capable of being remedied; or

(B) commit a material breach of these Terms of Use that, whilst capable of being remedied, is not remedied to WOW’s reasonable satisfaction within 5 Business Days of you receiving written notice from WOW requiring you to remedy the breach – together referred to in this clause 13 as the “Cessation Date”.

(b) If WOW ceases to provide you with any of its Products under clause 13(a)(ii), you must:

(i) immediately pay WOW for all Products purchased or acquired up until the Cessation Date, along with any non-recoverable expenses WOW properly and directly incurred prior to the Cessation Date in anticipation of providing its Products to you; and

(ii) within 5 Business Days after the Cessation Date, return to WOW any equipment, tools, documentation or other material (including that containing WOW’s Confidential

Information or Intellectual Property) provided to you as part of any of WOW’s
Products.

(c) If WOW elects to exercise its rights under this clause 13, any other rights or remedies it may have will not be prejudiced or effected thereby.

14 Notices

14.1 Method of Giving Notices

A notice, consent, approval or other communication (Notice) given under or in connection with these Terms of Use must be in writing, signed by or on behalf of the Party giving it, addressed to the Party to whom it is to be given (Receiving Party) and:

(a) hand delivered to the Receiving Party; or

(b) sent by registered pre-paid mail to the Receiving Party’s address; or

(c) sent by email to the Receiving Party’s email address. 14.2 Time of Receipt A Notice given under clause 14.1 is taken to have been received by the Receiving Party:

(a) if hand delivered:

(i) on or before 5pm on a Business Day – on the day of delivery; or

(ii) otherwise on the next Business Day;

(b) if sent by:

(i) regular post – 6 Business Days after posting;

(i) priority post – 4 Business Days after posting; or

(i) express post – 2 Business Days after posting; or

(i) on or before 5pm on a Business Day – on the day of delivery; or

(ii) otherwise on the next Business Day – unless the sender receives an automated message stating that the email has not been successfully delivered.
14.3 Addresses for Notices

(a) For the purposes of this clause 14, your address or email address is taken to be that which you provide when creating your Registered Account.
(b) If you need to contact WOW for any reason, please send an email to info@wowwomen.com.au.

15 Governing Law and Jurisdiction

15.1 Governing Law

These Terms of Use are governed by and are to be construed in accordance with the laws in force in Victoria from time-to-time.

15.2 Submission to Jurisdiction

In relation to any proceedings in connection with these Terms of Use, you:

(a) submit to the non-exclusive jurisdiction of the courts of Victoria, and any courts that may hear appeals from those courts; and

(b) waive any right to object to proceedings being brought in those courts.

16 General

16.1 Waiver

(a) A variation or waiver of, or any consent by WOW to any departure from, a provision of these Terms of Use:

(i) must be in writing and signed by WOW; and

(ii) is effective only to the extent for which it is made or given.

(b) A waiver given by WOW, in respect of a breach of a provision of these Terms of Use by you, will not constitute a waiver in respect of any other breach of that or any other provision.

(c) WOW’s failure, delay, relaxation or indulgence in exercising any power, right or remedy available to it as a result of you breaching these Terms of Use does not operate as a waiver of such power, right or remedy.

(d) Any single exercise by WOW of any power, right or remedy does not preclude WOW from any other or further exercise of that power, right or remedy or any other power, right or remedy under these Terms of Use.

16.2 Amendment

(a) WOW may, from time-to-time and in its sole discretion, vary or amend these Terms of Use by publishing the varied terms on the Website.

(b) Your continued use of the Website constitutes your acceptance of the Terms of Use as varied or amended from time-to-time.

16.3 Severability

If any provision of these Terms of Use is invalid, illegal, unlawful or otherwise incapable of enforcement, then:

(a) that provision must be read down as narrowly as necessary to allow it to be valid and enforceable; or

(b) if it isn’t possible to read down the provision:

(i) the provision will be severed from these Terms of Use and will be of no force and effect;

(ii) all remaining provisions of these Terms of Use will prevail and remain in full force and effect; and

(iii) no part of these Terms of Use will be construed to be dependent upon any other clause, or part of a clause, unless expressly stated otherwise.

16.4 Entire Agreement

These Terms of Use constitute the entire agreement between you and WOW in relation to its subject matter. To the maximum extent permitted by law, all representations, agreements, prior deeds, warranties, explanations, communications and commitments (whether express or implied) in relation to the subject matter are superseded by these Terms of Use.

16.5 Assignment

(a) You must not assign, novate or otherwise deal with your rights and obligations under these Terms of Use to any third party without WOW’s prior written consent.

(b) In its absolute discretion and without seeking your consent, WOW may assign, novate or otherwise deal with its rights and obligations under these Terms of Use by providing written notice on the Website at least 10 Business Days prior to the relevant dealing.

16.6 Time of the Essence

Time is of the essence with regards to all dates and times specified in these Terms of Use.