KADDIM PTY LTD — TERMS AND CONDITIONS
Last updated: March 2026

INTRODUCTION

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using kaddim.com and beta.kaddim.com, which are operated by KADDIM PTY LTD ("us", "we", "our" or the "Provider").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.


KEY TERMS

1.1 In the Agreement:
"Affiliate" means an entity that Controls, is Controlled by, or is under common Control with the relevant entity.
"Agreement" means the agreement between the Provider and the Customer for the provision of the Platform as a service, comprising these Terms and any schedules or policies referenced herein, including the Privacy Policy.
"AI Features" means any features of the Platform that use artificial intelligence, machine learning, or automated processing technologies, including but not limited to the AI-powered file renaming feature.
"AI Sub-Processor" means a third-party provider of artificial intelligence or machine learning services used by the Provider to deliver AI Features, as identified in the Sub-Processor List.
"Anniversary Date" means the date of commencement of chargeable Services. Where the Charges are monthly, the Anniversary Date will be the same day of the immediately following month; where the month does not contain the applicable number of days, it will fall on the closest business day. Where Charges are annual, the Anniversary Date will be the same day of the immediately following year.
"Authorised User" means any individual who is authorised by the Customer to access and use the Platform using the Customer's account credentials, including the Customer's employees, contractors, and agents.
"Business Day" means any weekday, other than a public holiday in Australia.
"Business Hours" means between 09:00 AM and 5:30 PM Australian Eastern Standard Time on a Business Day.
"Charges" means the amounts payable by the Customer to the Provider under or in relation to the Agreement.
"Content" means any documents, files, data, information, or materials uploaded to, stored on, transmitted through, or otherwise processed by the Platform by or on behalf of the Customer or its End-Clients, including any personal information contained therein.
"Control" means the legal power to control the management of an entity.
"Customer" means the person or entity identified as the owner of a registered account on the Platform.
"Customer Confidential Information" means any information disclosed by the Customer to the Provider during the Term that is marked as "confidential", described as "confidential", or should have been understood by the Provider at the time of disclosure to be confidential.
"Customer Personal Information" means any personal information (as defined in the Privacy Act 1988 (Cth)) contained within Content or otherwise provided to the Provider by or on behalf of the Customer or its End-Clients in connection with the use of the Platform.
"Effective Date" means the date that the Agreement comes into force.
"End-Client" means any individual or entity that interacts with the Platform at the invitation of or on behalf of the Customer, including but not limited to the Customer's clients who upload documents or provide information through the Platform.
"Force Majeure Event" means any of the following: (i) war, whether declared or undeclared, hostilities, revolution, or act of public enemies; (ii) riot, ban, strike, lock-out, civil commotion, or industrial action; (iii) contamination arising out of any accidents to, or breakdown or failure of machinery, infrastructure, plant, or equipment; (iv) fire, natural disaster, drought, storm, severe weather or flooding, or acts of God; (v) terrorism or terrorism prevention; (vi) legislative or policy restriction of any governmental, semi-governmental, supranational, international, or regulatory authority or agency, including trade sanctions, foreign trade controls, and similar laws; (vii) currency restriction; (viii) accidents, damage, or destruction of machinery, infrastructure, plant, or equipment; (ix) blockage, stoppage, accident, or hazard in transportation; (x) action or inaction in connection with any licence, permit, or approval; (xi) a cyber attack, distributed denial-of-service attack, ransomware attack, or other malicious cyber event beyond the reasonable control of the affected party; or (xii) any other event or contingency beyond the reasonable control of the party asserting the existence of the Force Majeure Event.
"GST" means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights, and including copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights, and rights in designs.
"Permitted Purpose" means the collection, storage, organisation, transmission, and processing of Content between parties in accordance with this Agreement, including the use of AI Features to assist with document management.
"Personal Information" has the meaning given to it in section 6(1) of the Privacy Act 1988 (Cth).
"Platform" means the software platform known as Kaddim that is owned and operated by the Provider, and that will be made available to the Customer as a service via the internet under the Agreement.
"Privacy Policy" means the Provider's privacy policy as published on the Platform website and updated from time to time.
"Provider" means KADDIM PTY LTD, a company incorporated in Australia (ACN 639 897 028).
"Services" means all the services provided by the Provider to the Customer under the Agreement, including access to the Platform and AI Features.
"Sub-Processor" means any third-party service provider engaged by the Provider to process Customer Personal Information in connection with the delivery of the Services, as listed in the Sub-Processor List.
"Sub-Processor List" means the list of Sub-Processor categories set out in the Privacy Policy, as updated from time to time.
"Term" means the term of the Agreement.
"Upgrades" means updates, patches, enhancements, or new features added to the Platform.
1.2 In the Agreement, a reference to a statute or statutory provision includes a reference to: (a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and (b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of the Agreement.


CHANGES

2.1 The Provider may update these Terms from time to time. The Provider will classify changes as either "material" or "minor."
2.2 For material changes (including changes to pricing, data handling, AI Features, or liability terms), the Provider will give the Customer reasonable written notice via email to the address associated with the Customer's account. If the Customer does not agree to the material changes, the Customer may terminate the Agreement in accordance with Clause 15 before the changes take effect, without penalty.
2.3 For minor changes (including typographical corrections, formatting changes, or clarifications that do not alter the substance of the Terms), the Provider may publish the updated Terms on the Platform website and notify the Customer upon login.
2.4 Continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms.


AGREEMENT AND TERM

3.1 The advertising of the Platform and the Services on the Provider's website constitutes an "invitation to treat"; and the Customer's order for the Platform and the Services constitutes a contractual offer.
3.2 The Provider's Privacy Policy applies to all Personal Information provided to the Provider and forms part of the Agreement. By creating an account, the Customer agrees to the Provider's Privacy Policy.
3.3 In order to enter into the Agreement, the Customer must take the following steps: (a) the Customer must create an account with the Provider's website by supplying the details required in the registration form; (b) after an account has been created, the Provider will send to the Customer an email account verification email.
3.4 Once in force, the Agreement will continue in force indefinitely, unless terminated in accordance with Clause 15.


THE PLATFORM

4.1 The Platform will generate an account for the Customer, granting the Customer access to the Platform.
4.2 The Provider grants to the Customer a non-exclusive licence to use the Platform for the Permitted Purpose via any standard web browser in accordance with this Agreement during the Term.
4.3 The licence granted by the Provider to the Customer under Clause 4.2 is subject to this Agreement. The Customer must ensure that all Authorised Users agree to and comply with the terms of this Agreement.
4.4 The licence granted by the Provider to the Customer is subject to the following prohibitions: (a) the Customer must not sub-license its right to access and use the Platform or allow any unauthorised person to access or use the Platform; (b) the Customer must not re-publish or re-distribute the Platform.
4.5 All Intellectual Property Rights in the Platform and any feedback provided by the Customer relating to the Platform shall, as between the parties, be the exclusive property of the Provider.
4.6 The Customer shall ensure that no unauthorised person will or could access the Platform using the Customer's account.
4.7 The Customer must not use the Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform, or any of the areas of, or services on, the Platform.
4.8 The Customer must not use the Platform: (a) in any way that is unlawful, illegal, fraudulent, or harmful; or (b) in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.


ACCOUNT ACCESS AND SECURITY

5.1 Each Customer account is accessed using a single set of login credentials (username and password). The Customer may share these credentials with its team members at its own discretion and risk.
5.2 The Customer is responsible for: (a) maintaining the confidentiality and security of its account credentials; (b) ensuring that only authorised individuals have access to the account credentials; (c) all actions taken under the Customer's account, regardless of which individual performed them; and (d) updating or changing credentials promptly if an individual with access leaves the Customer's organisation or is no longer authorised.
5.3 The Platform offers optional security features, including multi-factor authentication (MFA). The Customer is strongly encouraged to enable all available security features. The Customer acknowledges that the decision not to enable available security features is made at the Customer's own risk, and the Provider will not be liable for any unauthorised access, data breach, or loss arising from the Customer's failure to enable such features.
5.4 The Customer is liable for any breach of this Agreement by any individual accessing the Platform using the Customer's account credentials.


AI FEATURES

6.1 The Platform includes AI Features that use artificial intelligence technologies provided by third-party AI Sub-Processors to assist with document management tasks, including automated file renaming.
6.2 In order to deliver AI Features, the Provider may transmit Content (including Personal Information contained within documents) to AI Sub-Processors for processing. The current AI Sub-Processor for file renaming is Google LLC (via the Vertex AI platform).
6.3 AI Sub-Processors operate under a zero data retention policy, meaning that Content transmitted for AI processing is not stored or retained by the AI Sub-Processor after processing is complete, and is not used by the AI Sub-Processor to train or improve its AI models.
6.4 The Customer acknowledges and agrees that: (a) AI Features may produce outputs that are inaccurate, incomplete, or inappropriate, and the Provider does not warrant the accuracy or reliability of any AI-generated output; (b) the Customer is solely responsible for reviewing and verifying any AI-generated output before relying on it; (c) AI Features do not constitute legal, financial, taxation, or any other form of professional advice; and (d) AI Features may change, be updated, or be discontinued at the Provider's discretion.
6.5 The Provider may introduce additional AI Features from time to time. Where new AI Features involve materially different processing of Customer Personal Information, the Provider will notify the Customer in accordance with Clause 2.2.
6.6 The Provider will maintain an up-to-date list of AI Sub-Processors as part of the Sub-Processor List.


UPGRADES AND MAINTENANCE

7.1 During the Term, the Provider may make Upgrades to the Platform, and such Upgrades may result in changes to the appearance and/or functionality of the Platform.
7.2 The Provider may from time to time suspend access to the Platform in order to carry out scheduled maintenance or Upgrades. In such instances, the Provider will endeavour to give to the Customer advance notice of scheduled maintenance. The Customer acknowledges that advance notice from the Provider may not always be possible in the case of urgent or emergency maintenance.


CUSTOMER MATERIALS AND CONTENT

8.1 The Customer grants to the Provider a non-exclusive licence to store, copy, transmit, and otherwise use the Content for the purposes of operating the Platform, providing the Services (including AI Features), fulfilling its other obligations under the Agreement, and exercising its rights under the Agreement.
8.2 Subject to Clause 8.1, all Intellectual Property Rights in the Content will remain the property of the Customer or the relevant End-Client.
8.3 The Provider will only access, use, or process Content as strictly necessary to provide the Services. The Provider will not use Content for its own purposes, including for training AI models or for marketing purposes.
8.4 AI-generated outputs (such as suggested file names) do not create any Intellectual Property Rights for either party. The Provider does not claim any ownership over AI-generated outputs.
8.5 The Customer warrants and represents to the Provider that the Content, and its use by the Provider in accordance with the terms of the Agreement, will not: (a) breach any laws, statutes, regulations, or legally-binding codes; (b) infringe any person's Intellectual Property Rights or other legal rights; or (c) give rise to any cause of action against the Provider or the Customer or any third party, in each case in any jurisdiction and under any applicable law.
8.6 Where the Provider reasonably suspects that there has been a breach by the Customer of the provisions of this Clause 8, the Provider may suspend any or all of the Services and/or the Customer's access to the Platform while it investigates the matter.
8.7 Any breach by the Customer of this Clause 8 will be deemed to be a material breach of the Agreement for the purposes of Clause 15.


END-CLIENTS

9.1 The Customer acknowledges that End-Clients may interact with the Platform (including by uploading documents) at the Customer's invitation. The Customer is responsible for: (a) ensuring that End-Clients are informed about the collection and processing of their Personal Information through the Platform, including the use of AI Features, in accordance with the Privacy Act 1988 (Cth) and applicable privacy laws; (b) obtaining any necessary consents from End-Clients for the collection, use, and processing of their Personal Information by the Provider, including processing by AI Sub-Processors; (c) ensuring that End-Clients are directed to the Provider's Privacy Policy; and (d) responding to any queries or complaints from End-Clients regarding the processing of their Personal Information, in its capacity as the data controller.
9.2 The Provider will use reasonable endeavours to display a brief privacy collection notice on the Platform at the point where End-Clients upload documents. This notice does not replace the Customer's obligations under Clause 9.1.
9.3 The Customer indemnifies the Provider against any liabilities, damages, losses, costs, and expenses arising from the Customer's failure to comply with Clause 9.1.


DATA PROCESSING

10.1 The parties acknowledge that, in respect of Customer Personal Information: (a) the Customer is the data controller, determining the purposes and means of the processing; and (b) the Provider is the data processor, processing Customer Personal Information on behalf of the Customer in accordance with this Agreement.
10.2 The Provider will: (a) process Customer Personal Information only in accordance with the Customer's documented instructions, which are deemed to include the instructions set out in this Agreement and the Privacy Policy; (b) implement and maintain appropriate technical and organisational measures to protect Customer Personal Information against unauthorised or unlawful processing, accidental loss, destruction, or damage, as required by the Privacy Act 1988 (Cth); (c) ensure that all personnel who have access to Customer Personal Information are subject to appropriate confidentiality obligations; (d) not engage any new Sub-Processor without updating the Sub-Processor List and, for material changes, notifying the Customer in accordance with Clause 2.2; (e) taking into account the nature of the processing, assist the Customer by appropriate technical and organisational measures, insofar as this is reasonably possible, in responding to requests from individuals exercising their rights under applicable privacy laws; (f) assist the Customer in ensuring compliance with its obligations regarding the security of Personal Information and the notification of data breaches, taking into account the nature of processing and the information available to the Provider; and (g) upon termination of the Agreement, delete or return all Customer Personal Information in accordance with Clause 16 (Effects of Termination), unless retention is required by applicable law.
10.3 The Customer acknowledges that the Provider engages Sub-Processors (including AI Sub-Processors) to deliver the Services. The categories of Sub-Processors are set out in the Privacy Policy. Further detail is available upon request to support@kaddim.com.
10.4 The Provider will ensure that each Sub-Processor is bound by data protection obligations that are no less protective than those set out in this Clause 10.


DATA RESIDENCY AND CROSS-BORDER TRANSFERS

11.1 The Provider's primary infrastructure is located in Australia. However, the Customer acknowledges that in the course of delivering the Services (including AI Features), Customer Personal Information may be processed in jurisdictions outside Australia by Sub-Processors, including AI Sub-Processors.
11.2 Where Customer Personal Information is transferred to or processed in a jurisdiction outside Australia, the Provider will take reasonable steps to ensure that the overseas recipient handles the information in accordance with the Australian Privacy Principles, including by selecting reputable service providers with published data processing terms and privacy commitments consistent with the Australian Privacy Principles.
11.3 The Provider will use reasonable efforts to inform the Customer of the countries or regions in which Sub-Processors are located, as part of the Privacy Policy or upon request.


DATA BREACH NOTIFICATION

12.1 In the event that the Provider becomes aware of a data breach involving Customer Personal Information that is likely to result in serious harm to any individual (an "Eligible Data Breach" under Part IIIC of the Privacy Act 1988 (Cth)), the Provider will: (a) notify the Customer without undue delay, and in any event within seventy-two (72) hours of becoming aware of the breach; (b) provide the Customer with sufficient information to enable the Customer to meet its own obligations under the Notifiable Data Breaches scheme, including the nature of the breach, the categories and approximate number of individuals affected, and the measures taken or proposed to address the breach; and (c) cooperate with the Customer and take reasonable steps to mitigate the effects of the breach.
12.2 The Provider will take reasonable steps to contain, assess, and remediate any data breach, and will use reasonable endeavours to maintain documented procedures for responding to data breaches.
12.3 Notification of a data breach under this Clause 12 does not constitute an admission of fault or liability by the Provider.


CHARGES

13.1 The Charges in respect of access to and use of the Platform shall be determined by the pricing published on the Platform website or as otherwise agreed between the parties.
13.2 The Customer will be liable to pay the Charges on the Anniversary Date. Charges must be paid by credit card and will be automatically deducted by the Provider on the Anniversary Date.
13.3 All Charges stated in or in relation to the Agreement are stated exclusive of GST, unless the context requires otherwise. GST will be payable by the Customer to the Provider in addition to the principal amounts.
13.4 The Provider may suspend access to the Platform and the provision of the Services if any amounts due to be paid by the Customer to the Provider under the Agreement are overdue by more than fourteen (14) days. The Provider will give the Customer at least seven (7) days' written notice before suspending access for non-payment.
13.5 The Provider may increase the Charges by giving the Customer reasonable written notice before the next Anniversary Date. If the Customer does not agree to the increase, the Customer may terminate the Agreement in accordance with Clause 15 before the increase takes effect.


CUSTOMER SUPPORT

14.1 The Provider will make available, during Business Hours, a support facility for the purposes of: (a) assisting the Customer with the proper use of the Platform; and/or (b) determining the causes of errors and fixing errors in the Platform.
14.2 The Customer must make all requests for support services through email via support@kaddim.com.
14.3 The Provider will use reasonable endeavours to respond to support requests within two (2) Business Days. Critical issues affecting the availability of the Platform will be prioritised.


TERMINATION

15.1 The Provider may terminate the Agreement immediately by giving written notice to the Customer if the Customer: (a) commits any material breach of any term of the Agreement; (b) persistently breaches the terms of the Agreement; or (c) becomes insolvent, liquidated, or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee's or chargee's agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
15.2 The Customer may terminate the Agreement at any time by giving written notice of termination to the Provider or following the account closure procedure outlined on the Platform website.
15.3 The Provider may terminate the Agreement by giving fourteen (14) days' written notice of termination to the Customer.


EFFECTS OF TERMINATION

16.1 Upon termination of the Agreement: (a) the Customer's access to the Platform will be revoked; (b) the Customer will have a period of thirty (30) days from the date of termination to request an export of their Content; (c) following the expiry of the thirty (30) day export period, the Provider will retain the Customer's Content for a further sixty (60) days, after which the Content will be permanently deleted, unless retention is required by applicable law; and (d) for the avoidance of doubt, all Customer Personal Information will be deleted within ninety (90) days of termination, unless retention is required by applicable law.
16.2 Upon termination, the following provisions of the Agreement will survive and continue to have effect: Clauses 1 (Key Terms), 10 (Data Processing), 11 (Data Residency), 12 (Data Breach Notification), 16 (Effects of Termination), 19 (Indemnities), 20 (Limitations and Exclusions of Liability), 21 (Confidentiality), and 26 (General).
16.3 Termination of the Agreement will not affect either party's accrued liabilities and rights as at the date of termination.


WARRANTIES

17.1 The Customer warrants to the Provider that it has the legal right and authority to enter into and perform its obligations under the Agreement.
17.2 The Customer acknowledges that: (a) the Platform is software and is subject to defects, errors, and bugs, and the Provider gives no warranty or representation that the Platform will be wholly free from defects; (b) the Provider will not and does not purport to provide any legal, taxation, or accountancy advice under the Agreement or in relation to the Platform, and the Provider does not warrant or represent that the Platform or AI Features will not give rise to any civil or criminal legal liability on the part of the Customer or any other person; (c) AI Features may produce outputs that are inaccurate, incomplete, or unreliable, and the Customer is solely responsible for verifying any AI-generated output; and (d) the Provider does not warrant that the Platform will be available at all times or that access will be uninterrupted.
17.3 All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in the terms of the Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement.
17.4 Certain legislation, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), may imply warranties or conditions or impose obligations that cannot be excluded, restricted, or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which the Provider is entitled to do so, the Provider limits its liability in respect of any claim under those provisions to, at the Provider's option: (a) the supply of the Services again; or (b) the payment of the cost of having the Services supplied again.


ACCEPTABLE USE

18.1 In addition to the restrictions set out in Clause 4, the Customer and its Authorised Users must not: (a) upload or transmit any material containing viruses, trojans, worms, malware, or other malicious code; (b) attempt to gain unauthorised access to any part of the Platform, its servers, or any connected systems; (c) use any automated system, including bots, scrapers, or crawlers, to access the Platform without the Provider's prior written consent; (d) use the Platform to collect, store, or process Personal Information beyond what is reasonably necessary for the Permitted Purpose; (e) use AI Features for any purpose other than their intended document management function; or (f) interfere with or disrupt the integrity or performance of the Platform.
18.2 Any breach of this Clause 18 will be deemed a material breach for the purposes of Clause 15.


INDEMNITIES

19.1 The Customer will indemnify and keep indemnified the Provider against all liabilities, damages, losses, costs, and expenses (including legal expenses and amounts paid in settlement of any disputes) suffered or incurred by the Provider arising as a result of: (a) any breach by the Customer of Clause 8, 9, or 18; (b) any claim by an End-Client or third party arising from the Customer's failure to comply with its obligations under this Agreement or applicable privacy laws; or (c) any claim arising from the Customer's use of the Platform in breach of this Agreement.


LIMITATIONS AND EXCLUSIONS OF LIABILITY

20.1 Nothing in the Agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.
20.2 The limitations and exclusions of liability set out in this Clause, and elsewhere in the Agreement: (a) are subject to Clause 20.1; and (b) govern all liabilities arising under the Agreement or in relation to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.
20.3 Subject to Clauses 20.1 and 20.4, the Provider will not be liable in respect of any: (a) loss of profits, income, revenue, use, production, or anticipated savings; (b) loss of business, contracts, or commercial opportunities; (c) loss of or damage to goodwill or reputation; or (d) special, indirect, or consequential loss or damage.
20.4 The exclusions in Clause 20.3 do not apply to: (a) the Provider's obligations under Clause 12 (Data Breach Notification); or (b) a breach by the Provider of its confidentiality obligations under Clause 21.
20.5 The Provider will not be liable for any losses arising out of a Force Majeure Event.
20.6 Subject to Clauses 20.1 and 20.4, the Provider's aggregate liability in relation to any event or series of related events will not exceed the total amount paid and payable by the Customer to the Provider under the Agreement during the twelve (12) month period immediately preceding the event or events giving rise to the claim.
20.7 The Provider will not be liable for any loss or damage arising from the Customer's reliance on AI-generated outputs, including any inaccurate, incomplete, or misleading output produced by AI Features.


CONFIDENTIALITY

21.1 The Provider will: (a) keep confidential and not disclose the Customer Confidential Information to any person save as expressly permitted by this Clause; and (b) protect the Customer Confidential Information against unauthorised disclosure by using a reasonable degree of care.
21.2 Customer Confidential Information may be disclosed by the Provider to its officers, employees, agents, insurers, professional advisers, and Sub-Processors, provided that the recipient is bound by appropriate confidentiality obligations.
21.3 The obligations set out in this Clause will not apply to: (a) Customer Confidential Information that is or becomes public knowledge through no fault of the Provider; (b) Customer Confidential Information that was in the possession of the Provider prior to disclosure by the Customer; (c) Customer Confidential Information that is received by the Provider from an independent third party who has a right to disclose the relevant information; or (d) Customer Confidential Information that is required to be disclosed by law, or by a governmental authority, stock exchange, or regulatory body, provided the Provider gives the Customer reasonable advance notice of such disclosure where permitted by law.


DATA PROTECTION

22.1 The Customer warrants that it has the legal right to disclose all Personal Information that it discloses to the Provider in connection with the Agreement.
22.2 The Provider warrants that it has in place appropriate technical and organisational measures against unauthorised or unlawful processing of Personal Information and against accidental loss, destruction, or damage to Personal Information, as required by the Privacy Act 1988 (Cth).
22.3 Each party will comply with its respective obligations under the Privacy Act 1988 (Cth) and any other applicable privacy legislation in connection with the Agreement.


NOTICES

23.1 Any notice given under the Agreement must be in writing and must be sent by email to: (a) in the case of notices to the Provider, support@kaddim.com; or (b) in the case of notices to the Customer, the email address associated with the Customer's account.
23.2 A notice sent by email will be deemed received at the time of sending, provided the sender does not receive a delivery failure notification.


FORCE MAJEURE EVENT

24.1 Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under the Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event.
24.2 A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under the Agreement, will: (a) forthwith notify the other; and (b) inform the other of the period for which it is estimated that such failure or delay will continue.
24.3 The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.


DISPUTE RESOLUTION

25.1 If a dispute arises in connection with this Agreement, the parties will first attempt to resolve the dispute through good faith negotiation for a period of thirty (30) days from the date one party notifies the other of the dispute.
25.2 If the dispute is not resolved through negotiation within the thirty (30) day period, either party may refer the dispute to mediation, conducted in accordance with the mediation rules of the Resolution Institute (or its successor body).
25.3 If the dispute is not resolved through mediation within sixty (60) days of the referral, either party may commence court proceedings.
25.4 Nothing in this Clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.


GENERAL

26.1 No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach.
26.2 If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect.
26.3 The Agreement may not be varied except by agreement between the parties, subject to Clause 2.
26.4 The Provider may freely assign any or all of its contractual rights and/or obligations under the Agreement to any Affiliate of the Provider or any successor to all or a substantial part of the business of the Provider from time to time.
26.5 The Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation, or settlement under or relating to the Agreement are not subject to the consent of any third party.
26.6 Subject to Clause 20: (a) the Agreement supersedes all previous agreements, arrangements, and understandings between the parties in respect of the subject matter of the Agreement; and (b) neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into the Agreement.
26.7 The Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia, and the courts of New South Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement, subject to Clause 25.

KADDIM PTY LTD — ACN 639 897 028