Terms of Service – Awon Hub

Awon Hub Terms of Service for Members

Click here for Terms of Service for Business Members

(Effective date: 8 September 2023)

I have read, and I understand, agree with, and accept the terms of service.

1. General Information

This Terms of Service for All Users (“Agreement”) describes the terms and conditions on which we grant an end user (“You”, “Your” or “User”, or “Member”) access to and use of the awonhub.com gamified sustainability website (“awonhub.com”, or the “Website”) and the Services (“Service”), operated and provided by Awon Hub Pty Ltd (“Awon Hub”, “the Company”, “us”, “our”, or “we”).

In this Agreement, the “Website and Service” refer to, and includes but is not limited to, the awonhub.com Website, platform, software systems, all gamification features, components, elements, both online and offline user programs, and content involved therein, any patches, updates, and upgrades to the platform applications, any related content, documentation, add-ons, supplements, and/or any related services, customer support, social media, community channels, made available to You (whether as a guest or registered user) by Awon Hub Pty Ltd and any of our authorised third parties (collectively, the “Website and Service”).

Please read this Agreement carefully as this Agreement is an electronic contract and is a legally binding agreement, and make sure You understand it. When You indicate Your acceptance of this Agreement, the action creates an electronic signature that has the same legal force and effect as a handwritten signature. Unless otherwise agreed to in writing with the Company, Your use of Website and the Service will always be subject to, at a minimum, the terms and conditions set out in this Agreement. If You do not understand the Agreement or do not agree or accept any part of it, You may not access or use the Website and the Service. BY ENTERING, USING, PLAYING, OR OTHERWISE ACCESSING THE WEBSITE and SERVICE, YOU AGREE TO THIS AGREEMENT.

Please note that to access and use the Website and Service, You must be at a minimum age, under the law in Your jurisdiction, deemed fully competent to enter into this Agreement, and to abide by and comply with this Agreement (“Age of Majority”). If You are considered a minor (“Minor” or “Child”) in Your jurisdiction, You may utilise the Services with the express permission of, and an Account established by, Your parent or legal guardian. Parents and legal guardians who establish an Account with us for use by their child/ward, or otherwise permit their child/ward access to the Services through their Account, agree that they are responsible for the child/ward, and guarantee the compliance of the obligations under this Agreement by their child/ward. Parents and legal guardians should never allow Your children in Your care to use the Website and Service while unsupervised, and please ensure that Your child/ward do not give out too much personal information and that they understand how to use the Website and Service safely. We reserve all rights to refuse Your application for membership, whether as a private individual member or as a business member, and to refuse to grant You access to and use of the Website and Service, for whatever reason, without any liability to You or anyone.

Please also note that the Website and Service is at a beta testing stage, and the terms and conditions of use will be changed and updated as we evolve. Your particular attention is drawn to the Company’s limitation of liability contained in Section 10 below.

2. Terms of Agreement

2.1. Your Agreement to the Terms.

Our offer to allow You to use and access the Website and Service is conditioned upon Your agreement to all of the terms and conditions contained in this Agreement. In order to access certain parts of the Website and Service, You may be given “just-in-time” notices or otherwise notified that You are required to agree to additional terms and conditions applicable to such parts of the Website and Service that You choose to participate. Your access or use of the Website and Service in any way (including but not limited to registering for an account, updates, upgrades, patches, browsing the website, accessing various online operation or maintenance services, or otherwise accessing to any services provided by the Company)signifies that You have read, and You understand and agree to be bound by, and that You are responsible for compliance with, all the terms and conditions contained in this Agreement. By accessing or using the Website and Service, You also represent that You have the legal authority to accept the Terms of Service on behalf of Yourself and any party You represent in connection with Your use of the Website and Service. If You, or any such party that You represent, do not agree to the Terms of Service, You are prohibited from and must discontinue accessing or using the Website and Service.In particular, but without limitation, You may not use the Website and Service for any purpose that is unlawful or prohibited by this Agreement or by any other conditions or notices that are made available on the Website and Service.

2.2 Amendments to the Agreement.

The Company reserve the right to, in our sole discretion, and may at any time amend, update, modify, remove or add to, or change the Website and Service, or any portion of the Website and Service, and this Agreement and any policies governing Your user account, for any reason, at any time, in any way, without prior notice. We will post the amended Agreement and any notices or announcements on the Website and Service, or email You using the email address You provided the Company with. You agree to check periodically for and review new updates, information, notices, or modified terms that govern Your use of the Website and Service; and be bound by all amendments, updates, revisions, and modifications. If at any point You do not agree to any portion of then-current version of agreements or policies pertaining to Your use of the Website and Service, Your licence under this Agreement shall immediately terminate and You may immediately terminate this agreement by ceasing access and use of the Website and Service. Your continued access and use of the Website and Service will constitute Your acceptance to be bound by the newly updated Agreement and any terms and policies therein.

3. Electronic Communications

Visiting the Website and Service or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications from us and You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically, via email, and on the Website, satisfy any legal requirement that such communications be in writing.

4. Access to the Website and Service

We may offer access to the Website and Service through the Internet at the awonhub.com Website, or other Awon Hub branded websites, versions, Apps, and third-party services. We reserve the right to change the URL address of the awonhub.com website at any time without prior notice, in our sole discretion. The Website, other Awon Hub branded websites, and any Apps and any software or user programs that we make available comprising for and/or in connection with the Website and Service are an active part of the Website and Service and any use of the foregoing is governed by this Agreement and all the terms therein.We do not represent, or warrant that the Website and Service will be compatible with Your browser or mobile device. It is Your sole responsibility to ensure that You use compatible and secure web browser, mobile device, and other equipment and software to access and use the Website and Service. You are responsible for any and all fees incurred in Your accessing and use of the Website and Service, and in particular, data charges that may apply and incurred in connection with Your use of the Website and Service, as well as all fees and costs associated with Your Internet connection and fees charged by a location providing such internet access such as an internet-café, hotel, or arcade; or costs of the computer or mobile device or other hardware or software.

5. Participating in Our Community: Registered Users, Account, the Gameplay and Rules of Play, Rules of Conduct, and User Responsibilities

5.1. Registered Users and License to Use

In this Agreement, “Registered User” means a person who has registered and obtained an Account (“Account”) on the awonhub.com Website (“Registered User” or “Member”). In order to use the Website and Service, You are required to become a Registered User and obtain an Account on the Website and Service.

You can register for and obtain one of the two available types of accounts on the Website and Service:

A ‘Personal’ Account (“Personal Account”). Personal Accounts are free of charge, and as a Registered User of a Personal Account, You do not need to pay any access fee to become a Registered User, and to access, use, and play on the Website and Services.
A ‘Business’ Account (“Business Account”). Business Accounts are for Users who own and/or operate a business / businesses and wish to advertise their business/es on the Website and Service, and use Awon Hub’s ‘MyAdSpace’ (‘MAS’) Program and other features for advertising and marketing purposes. If You own and/or operate a business and want to register a Business Account for your business, a different username and email account (that is separate and different from Your Personal Account) must be used for Your Business Account. Registered Business Members and Business Accounts are subject to Business Membership fees (which may change from time to time), and additional terms of service as stated in the “Terms and Conditions of Service for Business Members” document, as well as the “Terms of Service for All Users” (this document).

Once you have registered for either a Personal / Business Account, you agree to not switch or attempt to switch between Personal and Business account types. Switching account types (from Personal to Business or Business to Personal) will result in automatic deletion of account by the system, and with it, loss of features and existing data, including but not limited to activity posts, rewards, and in-game currency earned. There is no way to restore accounts deleted either intentionally or unintentionally. You agree that if you switch or attempt to switch between different account types, resulting in loss of features and existing data, we are not liable to you in any way. No refunds will be given for accounts terminated/deleted by members, either intentionally or unintentionally. If you have a Personal Account, and wish to obtain a Business Account, you may, subject to clause 5.2.2, register for a Business Account (and still have and use your Personal Account).

Becoming a Registered User, with either a Personal Account and/or a Business Account or both, or using the Website and Service does not and shall not be deemed to make You a member, shareholder, partner, or agent of the Company for any purposes whatsoever, unless otherwise expressly agreed upon with the Company in writing.

So long as You comply with all the terms of this Agreement, we grant to You, a Registered User (of either or both types of accounts), a personal, non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Website and Service solely for Your personal, non-commercial use, in accordance with this Agreement.

We have designed the Website and Service for use only as offered by us. You agree to use the Website and Service only as offered by us and not through any other means not approved by us. The Website and Service comprise of content that belongs to us and/or our licensors and are protected by copyright, trademark, and other intellectual property laws. We reserve all rights, including without limitation, intellectual property rights and other rights, in respect of the Website and Service. You may not use the Website and Service or the intellectual property comprised in the Website and Service in a manner that constitutes an infringement of our or our licensors’ rights. You agree to not create or provide any other means through which the Website and Service may be used or accessed by others, and to not attempt to gain unauthorised access to the Website and Service, Accounts, computers, servers, or networks connected to the Website and Service, including without limitation by circumventing, manipulating, or modifying any technological or security measures, devices, or software. You further agree to not create, modify, adapt, reverse engineer, recompile, reproduce, publish, or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Website and Service, or otherwise use the Website and Service except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open-source licenses. You agree to not use the Website and Service and Your Account for any illegal purposes under applicable laws and/or regulations.

You further agree and acknowledge that we are entitled to immediately terminate this license and Your access and use of the Website and Service, and without any liability whatsoever to You, in event of Your any violation of the terms of this Agreement.

Furthermore, we reserve the right to modify or discontinue the accounts of Registered Users and related services at any time, and without any prior notice, and without liability or refunds. We disclaim any and all liability to Registered Users and third parties in the event we exercise our right to modify or discontinue user accounts and/or related services.

5.2 The Awon Hub Account

In order to use the Website and Service, You are required to create an Account on the Website and Service. To create an Account (either a Personal Account or Business Account), You will be required to register as a user and accept the Terms of Service (“Agreement”). If You do not accept this Terms of Service Agreement, You will not be able to create an Account.

5.2.1 Eligibility for establishing a Personal Account:

5.2.1.1. You may only establish a Personal Account and use the Website and Service provided:

You are a natural person;
You are an adult in Your country of residence (or at other age in Your jurisdiction where You are classified as a majority), and fully competent to enter in the terms, conditions, affirmations, obligations, representations, and warranties set forth in this Agreement, and to abide by and comply with the Agreement.
If You are considered a minor (“Minor” or “Child”) in Your jurisdiction, You may use the Website and Service with the express permission of, and an Account established by Your parent or legal guardian. In the event that You permit Your Child/Ward to use an Account, You hereby agree to this Agreement on behalf of Yourself and Your Child/Ward, and You agree that You will be responsible for any and all use of the Website and Service, and You are liable for all activities conducted through Your Account, whether or not such use or activity is authorised by You, including without limitation all purchases conducted through Your Account. Any account registration, access to, or use of the Website and Service, by anyone under the age of majority in their jurisdiction but without parental or guardian permission is prohibited, unauthorised, unlicensed, and a violation of the Agreement.
You are not an individual specifically prohibited by us from using the Website and Service. Any person whose Account or access through which has been suspended or terminated by us or any person who has been banned or removed from the Website and Service may not access the Website and Service in any manner or for any reason, including through any other Account, without our express written permission. Registering for an account on the Website and Serviceis void where prohibited.

5.2.1.2. By establishing and using a Personal Account on the Website and Service, You agree and warrant that:

(a) You are in the age of majority in Your jurisdiction; or
(b) If You are considered a minor (“Minor” or “Child”) in Your jurisdiction, You have the express permission of Your parent or legal guardian to become a Registered user and access the Website and use the Website and Service;
You will abide by all the terms of this Agreement. If You are a parent or legal guardian of a Child/Ward, You agree to the terms of this Agreement on behalf of Yourself and Your Child/Ward, and warrant that You will be responsible and liable for all use and activity on the Website and Service by Your Child/Ward, whether or not such use and activity is authorised by You, including without limitation all purchases conducted through Your Account.
All members are allowed to create only one Personal Account per individual. You will create and use only one Personal Account (Your own). You may not set up an account or membership on behalf of another individual or entity unless You are authorised to do so. If You create more than one account, the Company is not obligated to but reserves the right to remove or edit content and/or suspend or terminate any or all of Your accounts, and/or refuse or cancel service, in our sole discretion.
You are solely responsible and liable for all activities conducted through Your Personal Account, including without limitations any purchases made.
You are solely responsible for ensuring we have Your correct and updated details necessary to establish and maintain Your Personal Account. If we do not have Your correct and updated details, we may not be able to contact You about Your Personal Account as and when required, for example, regarding the rewards acquired or redeemed.

5.2.2. Eligibility for establishing a Business Account:

All Users, including Registered members with a Personal Account, and who own and/or operate their own business and wish to become Business Members may apply to set up a Business Account with us, subject to clause 5.2.2 of this “Terms of Service for All Users” and the “Terms of Service for Business Members” provided at the Business Member Account registration page.

5.2.2.1. You may only establish a Business Account and use the Website and Service provided:

the business You link Your Business Account to, and for whom the Business Account is created, is legally registered in, and compliant with the laws of, the country that the business is registered in.
The business entity for whom the Business Account is created is not engaged in the provision, promotion, sale, and/or facilitation of any of the activities prohibited by the Company. The Website and Service is a family friendly platform, and any activities concerning or involving, or facilitating, organising, inciting, advocating, or promoting pornography, nudity, sexual solicitation and exploitation, drug abuse, gambling, violence, all forms of extreme / hate speech, misinformation, and financial scams, are prohibited. The Company is not obligated but reserves the right, in our sole discretion, to refuse or cancel service, remove, suspend, or terminate any Accounts and/or access through any Accounts and/or content that we find objectionable for any reason, or in the event of any breach of any terms of this Agreement, without any prior notice, and without any liability whatsoever.
You are not a business specifically prohibited by us from using the Service. Any business whose Account or access through which has been suspended or terminated by us or any business who has been banned or removed from the Website and Service may not access the Website and Service in any manner or for any reason, including through any other Account, without our express written permission. Registering for an Account on the Website and Serviceis void where prohibited.

5.2.2.2. By establishing a Business Account on the Website and Service, You agree and warrant that:

You will create and use only one Business Account for Your business that is legally registered with the government of Your country of business registration, using Your authentic legally registered business identity and name, and provide accurate information about Your business entity. You may not set up an Account or membership on behalf of another individual, business, or entity unless You are authorised to do so. Unless You have our written express permission to create more than one account, if You create more than one Business Account, the Company is not obligated to but reserves the right to remove or edit content and/or suspend or terminate any or all of Your accounts, and/or refuse or cancel service, in our sole discretion. If You own multiple business entities, only one ‘Business Account’ is allowed for each legal business entity registered with the government of Your country of registration for the business.
You are solely responsible and liable for all activities conducted on the Website and Servicethrough Your Business Account, including without limitations any purchases made.
You are solely responsible for ensuring we have Your correct and updated details necessary to establish and maintain Your Business Account. If we do not have Your correct and updated details, we may not be able to contact You about Your Business Account as and when required, for example, regarding Your MAS Ad Banners.
Your business is not engaged in any of the activities prohibited by the Company; any activities concerning or involving, or facilitating, organising, inciting, advocating, or promoting pornography, nudity, sexual solicitation and exploitation, drug abuse, gambling, violence, all forms of extreme / hate speech, misinformation, financial scams, are prohibited.
You agree to be bound by and comply with the additional terms of use stated in the ‘Terms of Service for Business Members’ document, as well as this “Terms of Service for All Users” (this document).

5.2.3. Account Username / Nickname.

At the time Your Account is established, You may be required to create a Username (“Username” or “Nickname”) to identify Yourself with during Your use of the Website and Service. You may, but are not suggested to, create a Nickname that reflects Your real name or other personal data. You agree to not selecting a Username / Nickname that:

violates any third party’s trademark right, copyright, or other proprietary right, or
may mislead others to believe You to be an employee of ours, or
impersonates another person or user, or
may be rude, humiliating, defamatory, threatening, abusive, obscene, hateful, offensive, or racially, ethnically or otherwise objectionable, including any name that is sexual in nature.

You also agree to not use any misspellings, alternative spellings, or other actions in attempt to circumvent the foregoing restrictions. We are entitled (but not obliged) to filter out certain words and phrases that we consider in our sole discretion to be vulgar, obscene, and unacceptable. We reserve the right to terminate Your usership or Account and require You to re-register with a new acceptable Nickname if, in our sole discretion, we consider that Your Nickname (or its use) is offensive or otherwise breaches the user terms in any way.

5.2.4. Group Names and Titles.

While using the Website and Service, it may be possible for You to create Your own TIPIT groups, name Your own TIPIT groups (“Group Names”), appoint co-organisers, moderators, and grant titles (“Titles”) to other users who have joined Your created groups. The restrictions and other provisions regarding Your Nickname (as described in above Clause 5.2.3) apply similarly to such Group Names and Titles that You choose or grant.

5.2.5 Your Registration Obligations and Personal Data.

You agree to provide, maintain, and update Your registration information and any other information You provide to us (“Personal Data”), and to keep Your Personal Data accurate, true, up to date, and complete, and to, among other things, allow us to contact You. It is Your responsibility to ensure the Company has accurate and up-to-date information about You. If any information provided to us is untrue, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your Account and access to the Website and Service, and refuse any and all current or future use of the Website and Service.

5.2.6 Your Account Security and Responsibilities.

You must select and set a password at the time when Your Account is established. You agree that You are responsible for keeping Your Account secure, and for maintaining the confidentiality of Your Account, email addresses, passwords, and other related account information, and for restricting access to Your Account. You are solely responsible for any and all activities that occur under Your Account or password, whether or not authorised by You, and whether or not You know about them. You agree that You are solely responsible and liable for any harm resulting from Your disclosure or allowing the disclosure of Your password or from use by any person of Your password to gain access to Your Account. At no time should You respond to an online request for Your password or to use Your Account, Your Nickname, or password on any other platform not licensed by us. You agree to ensure that You exit from Your Account at the end of each session, especially if You are accessing Your Account from a shared or public device. You acknowledge and agree that the Company is not responsible for third party access to Your account that results from theft or misappropriation of Your Account, and You may not claim compensation from the Company.

In event of theft, unauthorised use, or any other security breach pertaining to Your Account, or if You believe that Your Account is no longer secure, You must email and notify the Company immediately at admin@awonhub.com.

5.2.7 Right to Monitor and Remove Accounts and Content.

We reserve the right, but is not obligated to, review and monitor all Accounts, all access to the Website and Service, IP addresses, online communications, and all content submitted for or included on the Website and Service. You agree that we have the right to review, monitor, collect, use, remove, alter, suspend, and disclose all such data, information, and content that we believe, in our sole discretion, necessary or appropriate for provision of the Website and Service, to investigate or resolve possible problems or inquiries, to enforce the terms of this Agreement, for any legal process, for compliance with any laws or regulations, or that would aid in protecting the safety, rights, or property of any person.

We further reserve the right, in our sole discretion, to remove, suspend, or terminate any Account and/or access through any Account and/or content that we find objectionable for any reason, or in the event of any breach of any terms of this Agreement, without any prior notice, and without any liability whatsoever. Any person whose Account has been suspended or terminated by us may not access the Website and Service in any manner or for any reason, including through any other Account, without our express written permission. If we terminate or suspend an Account or access through an Account, we may terminate or suspend any other Accounts or access through any other Accounts that share the same registrant’s name, phone number, email address, postal address, Internet Protocol address, or credit card number with the Account that, or access through which is, suspended or terminated.

We also reserve the right to terminate any Account that has been inactive for one hundred eighty (180) days without any liability whatsoever to users of such terminated Accounts.

5.2.8 No assignment or sale or transfer of account to another person or entity.

You agree that You will not assign or otherwise transfer Your Account to any other person or entity, without written permission of the Company, nor use other user(s)’ Account(s) at any time. Unless otherwise expressly permitted by us in writing, the sale, resale, share, auction, trade, sublicense, rent, lease, loan, or transfer of any Account, including without limitation, Account Nickname, Game Resources, or any copyrighted material, for profit, by registered users, are strictly prohibited. You also agree that You will notsell, resell, share, auction, trade, sublicense, rent, lease, loan, trade, or transfer, Your Account to another person or entity; and You also agree that You will not use any Account or Game Resources acquired from any transfer arrangement prohibited by the Company.

All prohibited conduct is considered a breach of this Agreement and we reserve the right to take actions, including but not limited to terminating Your Account and revoking Your access to the Website and Service immediately, without any notice or liability to You whatsoever.

We are not responsible for any losses or harm that occur, whether in relation to any trading activities, or our termination of Your Account and Your access to and use of the Website and Service due to any prohibited trading activities.

5.3 Awon Hub Game Play & Rules of Play

The awonhub.com Website and Service is a purpose-built gamified sustainability platform, specially developed to enable people to get together, connect, create, and share solutions, and inspire others to help bring about positive sustainable change.

5.3.1 Sustainability Quests, Game Resources and Rewards

As a Registered User and Member, You may participate in sustainability quests created by the Company (“Platform Quests”), and ‘Member-Created Quests’ (quests created by Members who have acquired the privileges to do so), and may, without making any purchase, earn and accumulate points, in-game currencies, ranks, and badges, and other rewards (“collectively, Free Game Resources”) upon completing such sustainability quests.

You may use the Free Game Resources You have earned and accumulated from quests completion to ascend and increase Your Leaf Rank (‘Leaf Rank’) within the Website and Service. Upon ascending and increasing Your Leaf Rank, You may unlock and access new platform features and privileges previously inaccessible to You on the Website and Service, as well as participate in various programs and events, such as the ability to participate in Awon Hub’s ‘MyAdSpace’ (“MAS”) Program and acquire ‘MyAdSpace’ ‘Power Activation Keys’ (“MAS PAKs”), the ability to participate in and vote in the Game-Changer’s Crown Event, as well as acquire a share of the prizes in the Leader-boards and Game-Changer’s Crown Prize Pools. You may also, upon fulfilling the criteria required, create and lead Your own TIPIT groups and sustainability quests.

5.3.1.1. Daily Limits to Free Game Resources members can earn

There may be limits to the quantity of Free Game Resources You may earn daily. For example, there may be a maximum number of points and in-game currency that You can acquire a day regardless of the number of sustainability quests You have completed. These additional restrictions may be communicated to You via the functionality of the Website and Service.

We, in our sole discretion, without any limitations, and at all times, retain the right to, and may, modify, manage, control, substitute, replace, suspend, cancel, and/or eliminate any Game Resources and Rewards (including but not limited to ranks, game currencies, MAS & MAS PAKs, and all other virtual products), including Your ability to access or use Game Resources, Game Currencies, MAS PAKs, or Virtual Goods, without notice or liability to You. Any updates and changes made to the Game Resources and/or daily limits to earning Free Game Resources will be communicated to all members online on the Website and Service. It is Your sole responsibility to read the notifications and updates we post online on the Website and Service. If You do not agree with or accept any part of the changes, You may cancel Your Account and access to the Website and Service and terminate this Agreement in accordance with these terms. Please note that Your continued access and use of the Website and Service in any way after any changes signifies that You agree with the changes and are responsible for compliance with the changes.

5.3.1.2. Option to Purchase Additional Game Resources.

We may offer additional Game Resources, including but not limited to in-game currency and other virtual goods that we may make available from time to time (collectively, “Premium Game Resources”), that You can buy on the Website and Service with real world currency. Besides individual one-off purchases, the Premium Game Resources may be available as a periodic subscription.

When You purchase Premium Game Resources, You represent and warrant that You are an authorised user of any payment method specified by You and You authorise the Company to charge such payment method for the full amount of the purchase transaction. You agree to provide current, complete, and accurate purchase and account information for Your purchases made at our store in the Website and Service, including your email address, credit card numbers, and expiration dates, so that we can complete Your transactions and contact You as needed. If and when You purchase a subscription on our Website and Service, You agree to, and will, be charged for such subscription via Your chosen payment method (direct debit or other payment method). You also agree that Your subscription will be automatically renewed on a periodic basis until either party cancels or terminates the subscription. You may cancel or terminate the subscription in accordance with the Company’s subscription policy. You have to cancel or terminate the subscription before the commencement of the next period, otherwise the subscription will be automatically renewed and charged via Your chosen payment method.

All products for sale on the Website and Service are sold in Australian dollar (AUD$), and subject to 10% GST in Australia, as the Company is an Australian registered company, registered for GST. The Website and Service is created, operated and managed in Australia, and all products sold on the Website and Service by the Company are not technically ‘exports’ as they stay in and are used within the Website and Service in the Australian ‘digital space’ environment. As such, all prices for all products sold on the Website and Service are in Australian dollars and include the Australian GST, payable to the Australian Tax Office. (We are not tax advisors and cannot provide tax advice.) Just as tourists and holidaymakers from outside of Australia touring Australia and visiting and using an Australian facility, such as entertainment centres or amusement parks, are required to pay the local prices charged by local operators (including GST if they are required to be registered for GST), so it is with the Website and Service provided and operated by the Company. If You are a non-Australian resident member accessing and using the Website and Service and choose to purchase any Premium Game Resources for Your use on the Website and Service, You agree to pay in Australian dollars (including GST), and You agree to that any costs of currency conversion charged by Your credit card company and/or whatever other payment channels You choose to use will be borne by You. Your payment will be processed by the relevant merchant service provider and/or relevant third-party payment instruments and channels, such as credit cards or bank transfer, as we may permit from time to time. Although we ask for credit card information in order to process some requests from You, we do not store complete credit card information on our web server. We use secure payment platforms to process online orders all in a ‘secure socket layer’ environment and our Website and Service use ‘Let’s Encrypt’ SSL. You agree to the terms of service and privacy policy of any third party that provide such payment channels or instruments that You choose to use. All parents and legal guardians are liable for any use of their credit cards and other payment instruments and channels for any purchases made on the Website and Service by their child/ward.

There may be limits to the quantity and number of times You can purchase Premium Game Resources and other Virtual Goods, Game Currency, or other aspects of Your transaction. For example, there may be a maximum amount of Game Currency You are able to hold (in-Game) or purchase at a given time, or a maximum number of Transactions You may make per day. These additional restrictions if any and where applicable may be communicated to You via the functionality of the Website and Service.

We reserve the right to refuse any order You place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent or prohibited, such as those placed by unauthorised dealers, resellers, or distributors. For security and anti-fraud purpose, we may require any User, whether prior to or after payment of the Payment Fee, to provide personal information such as name, address, phone number, identification or driver’s licence number, and copy of picture ID. Users may also be required to write and sign a statement certifying that their purchases are authorised and legitimate. Failure to do so may result in suspension of the associated Account or of access through the associated Account.

You agree to not acquire Free or Premium Game Resources by using any hacks or cheat codes, or exploiting any bugs in the Website and Service, on, and/or within the Website and Service and system, or purchase, sell, or exchange any Game Resources (including but not limited to virtual goods, and game currency) outside the Website and Service or through any informal channels which are not authorised or provided directly by us. Doing so is a violation of the Terms and may result in termination of Your account with the Service, and/or legal action. You are solely responsible for and undertake any loss due to the acquisition of Game Resources through unauthorised channels or any fraudulent activities. We reserve the right, in our sole discretion, to identify such actions as fraud, and to reduce, delete or terminate the Account and/or its data.

5.3.1.3 Your License to Virtual Goods, Game Currency, and Game Resources.

You acknowledge that all Game Resources and all virtual goods, including but not limited to game currency, points, badges, MAS, and MAS PAKs, are only digital items, and are non-transferable, non-tradable, in whole or in part, cannot be redeemed for “real-world” cash, and are not provided for investment purposes. You agree that You do not own or have any property interest in the Account, the Free or Premium Game Resources, including but not limited to game currency, MAS, and MAS PAKs, badges, and avatars, that we store on our servers, or any other intellectual property or data which the Website and Service, software, servers, and Accounts are comprised of. The Account, all Free and Premium Game Resources, MAS, and MAS PAKs, and any and all other intellectual property and data which the Website and Service, Software, other services, servers, and Accounts are comprised of, are properties of ours, and/or our licensors, and/or any relevant third-party platform. All rights in and to the Website and Service, Free and Premium Game Resources, MAS, and MAS PAKs, Software, other services, servers, and Accounts, shall inure to our benefit. Notwithstanding the terminology that You “buy” or “earn” or “win” or “take possession of” any Game Resources or that we have “delivered” to You any Game Resources including without limitation any virtual game currency, digital ad space, or other similar terminology, You acknowledge and agree that You do not actually own the virtual game items, MAS, and MAS PAKs, or any credit balance in real currency or its equivalent and are not entitled to reimbursement of or exchange for any “real-world” cash or monetary value. You agree that the Game Resources You access (and all underlying intellectual property) are properties of ours and what You obtain, whether purchased or otherwise, is merely a personal, non-exclusive, non-transferable, non-sublicensable, limited right and limited license to access such Game Resources in the Website and Service in accordance with this Agreement, only for use within the Website and Service, and for no other purpose. Unless expressly permitted by us in writing, You may not trade any such Virtual Goods, Game Currency, or MAS, and MAS PAKs, with others. We may cancel, revoke, or otherwise prevent the use of Virtual Goods, Game Currency, or MAS, and MAS PAKs, if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods, Game Currency, or MAS, and MAS PAKs, to Your Account. We also reserve the right to not grant access of the Game Resources to certain Users. We reserve all rights to maintain, manage, consolidate, switch, migrate, terminate, dispose, alter and administer our servers and the data of the Website and Service for the provision of the Website and Service as we may deem fit in our sole discretion without any liability to You whatsoever.

5.3.1.4 Delivery Obligations.

The Premium Game Resources You purchased will be delivered and loaded into Your Account in the Website and Service upon our receipt of Your payment. If Your payment is by bank transfer, items purchased will only be delivered and loaded into Your Account upon receipt of Your payment in our bank account (typically 3-7 days depending on the bank You transmitted the money from). You agree that once we have delivered the Premium Game Resources into Your account, and whether You use the Premium Game Resources that You have purchased or not, we shall not be liable to You in any manner (whether for the refund of the payment You’ve made for the purchase of the Premium Game Resources or otherwise).

For purchases of Prize Pool Contribution Packs (“PPCPs”), upon our receipt of Your payment, items purchased will be delivered and loaded into Your chosen Prize Pool/(s), and Your chosen profile name and contribution listed on the relevant PPCP directory listing/(s). There will be no refunds for any PPCP/s purchased and contributed to any Prize Pool/s. You acknowledge that we have no control over who redeems and acquires the items You have contributed to Your selected Prize Pool/s during redemption time. You agree that once we have delivered the PPCP/s into Your chosen Prize Pool/s and listed Your contribution to the relevant PPCP directory listings upon receipt of Your payment for any PPCP/s You purchased, we are not liable to You whatsoever in any other way (whether for the refund of payment You’ve made for the purchase and contribution to Your select Prize Pool/s or who redeems Your contribution/s during redemption time).

5.3.1.5 Refund Policy.

You agree that Your purchase of all Premium Game Resources, including but not limited to game currency, MAS PAKs, PPCPs, and other virtual goods, whether by regular subscription or one-off purchase, is final and is not refundable, not exchangeable, not transferable, and not eligible for any other alternate remedy for any “real world” money or anything of monetary value, unless otherwise determined in writing by and in the Company’s sole discretion.

By purchasing and using any Game Resources, You hereby waive Your right to cancel or withdraw from Your agreement to purchase the applicable Game Resources, including but not limited to game currency, MAS PAKs, PPCPs, and other virtual goods, and You agree that You will therefore not be eligible to receive a refund (or any alternative remedy) in relation to such Game Resources. Additionally, You hereby agree that any withdrawal right expires immediately upon purchase and delivery of Your Game Resources, including but not limited to game currency, MAS PAKs, PPCPs, and other virtual goods. If Your payment is disputed or charged back by the credit card company or the merchant service provider You used, and we detected, in our sole discretion, any fraudulent activity, we reserve the right to suspend or terminate Your Account or access to Your Account, the Website and Service, or take whatever other actions as we deem necessary in our sole discretion without notice or liability to You.

If in the event that we agree in writing on an ex-gratia basis to cancel Your purchase, we shall promptly remove the Premium Game Resources associated with Your purchase from Your account, and we shall reimburse You within 14 days from the date on which we agreed, on an ex-gratia basis, to Your cancellation for all payments we have received from You. Such refund will be made using the same means of payment that You used in the original transaction, unless expressly agreed otherwise with You, and all charges incurred for refund, as charged by the credit card company / merchant service provider, will be borne by You.

5.3.1.6 Changes to Prices and Availability of Game Resources.

We, in our sole discretion, retain the right to and may change the prices and availability of all Game Resources (including but not limited to virtual in game goods, game currencies, MAS PAKs, and PPCPs), without notice or any liability to You whatsoever. We may, from time to time, modify, amend, or supplement our fees, billing methods, and terms applicable to Game Resources, virtual goods, or to any purchases, and post those changes in this Agreement, in separate terms and conditions or in other terms or agreements posted on the Website and Service or otherwise provided to You by us. Except where prohibited by law in Your jurisdiction, such modifications, amendments, supplements, or terms shall be effective immediately upon posting and shall be incorporated into this Agreement. If any change is unacceptable to You, You may terminate the use of Your Account at any time. Your continued access and use of the Website and Service in any way after any changes signifies that You agree with the changes and are responsible for compliance with the changes.

Furthermore, You agree that we may engage in actions that may impact the perceived value or purchase price, if and where applicable, of all Game Resources, including but not limited to game currency, MAS PAKs, PPCPs, or other virtual goods, such as if we need to temporarily suspend the Website and Service to make updates, have an emergency that requires us to disable our Website and Service, or if we need to ultimately shut the Website and Service down for economic or other reasons due to a limited number of users continuing to make use of the Website and Service over time.

YOU FURTHER AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST The COMPANY, OUR DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, CONTRACTORS, OR AFFILIATES, (THE “COMPANY PARTIES”) RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE WEBSITE AND SERVICE OR ANY ACTION THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS AGREEMENT.

5.3.2. The Game-Changer’s Crown (GCC) Event, Leader-boards, and Prize-Pools

When You have achieved the required Leaf ranks and fulfil the necessary criteria, You may participate in the Game-Changer’s Crown (“GCC”) Event. It may also be possible for You, if and when You qualify and meet the requirements, to acquire a share of the prizes and rewards in the Leader-boards’ and GCC Prize Pools. The rules of play will be communicated to You within the Website and Service, and will also be available in the user guide. As a member participating in the GCC Event, You agree that You will read, understand, and follow the user guide provided to all members and also posted on the Website and Service, and, at all times, abide by the community guidelines, policies, and rules of the GCC Event.

All prizes and rewards in the GCC and Leader-board Prize Pools (“Prize Pools Rewards”) are voluntarily contributed by individual and business members, and as such, are subject to availability, depending on who the contributors are, what they contribute, and to which Prize Pool/(s) they choose to contribute to. You understand, acknowledge, and agree that we have very limited control as to the rewards and prizes contributed to the Prize Pools by members, as well as when and what members choose to redeem during the time of redemption, and that You may not acquire what You desire from the Prize Pools due to lack of or limited availability. We are not responsible to You if any reward is not available for any reason. Gift Vouchers contributed by Business Members cannot be redeemed for Awon Coins, cash, or any real-world currency. The full value of the Gift Vouchers must be used; any unused balance will not be refunded. Any taxes, liabilities, or duties incurred by You arising from Your participation in the GCC & Leader-boards Prize Pools program are Your sole responsibility. You agree that the Company, in its sole discretion, reserve all rights, without limitations, to amend, manage, and/or eliminate any requirements and criteria for participating and sharing in the Prize Pool Rewards, the methods of Prize Pools Rewards collection, prizes and rewards distribution percentages, the game currency to rewards redemption exchange rates, and overall system, at all times, and without any liability to You whatsoever. Any such amendments will be communicated to You within the Website and Service. You further agree that the Company reserve all rights to and may, in its sole discretion, terminate the Game-Changer’s Crown Event and the Leader-boards Prize Pools feature from the Website and Service for any reason whatsoever, without any liability to You whatsoever, including but not limited to any game currency, or any other products You may have contributed to the Prize Pools, or any Prize Pool Rewards You could have redeemed.

5.3.2.1 Members’ Contribution to Prize Pools

Members may, if they wish, subject to the terms of this Agreement, purchase Prize Pools Contribution Packs (‘PPCPs’), and sponsor and contribute to the prizes and rewards of their preferred chosen Prize Pools.

5.3.2.2 Business Members’ Contributions to Prize Pools – Business Gift Vouchers, Redemptions for Participating Businesses’ Products and Services, and Fulfilment of Products and Services by Participating Businesses

Business Members may, subject to the terms of this Agreement and the additional terms in the ‘Terms of Service for Business Members’, choose to purchase ‘Business Member Prize Pools Contribution Packs’ (‘BM-PPCPs’), and sponsor and contribute their Business Gift Vouchers of the specific quantities and values (as stated in the BM-PPCP) and Awon Coins to their preferred chosen Prize Pools.

If You are a Business Member, and You purchase and contribute BM-PPCP/(s) to Your selected prize pool/s, You agree and commit to the following:

You agree to sponsor and contribute the specified quantities of Your Business Gift Vouchers as stated in Your selected BM-PPCP/(s) to Your selected Prize Pools;
You agree that the Business Gift Vouchers You sponsored and contributed may be used by members, who acquired Your Business Gift Vouchers during redemption time after the GCC Event, to exchange for products and/or services of equivalent value, in whole or in part, offered by Your business / organisation, at Your chosen business locations, either online and/or offline in Your physical real-world stores.
You understand and acknowledge that the Company has no control over whether members choose to support Your business and acquire Your Business Gift Vouchers that You have contributed, or who acquires Your contributed Business Gift Vouchers during redemption time. You agree that the Company and all of the Company’s directors, administrators, partners, suppliers, licensors, independent contractors, and affiliates, are not responsible or liable in any way for any and all of the choices made by members, or for any losses and damages that may arise from members’ choices and that You may incur from Your participation in the GCC Event or any gameplay or programs on the Website and Service.
You agree that the validity date of Your Business Gift Vouchers will be a minimum of 1 year from the date of redemption after the GCC Event. All redemptions will only be allowed and open after the GCC Event is over and all prizes and rewards in the Prize Pools have been distributed to winners and qualifying members. The date of redemption will be announced within the Website and Service. The Company reserves all rights to set and/or change the date of redemption of rewards and prizes as required, in its sole discretion.
Once Your payment has been received, the items in Your purchased M-PPCP/(s) and/or BM-PPCP/(s) will be automatically uploaded into Your chosen Prize Pool/(s), and Your chosen business profile name and contribution listed on the relevant contributions directory listing/(s). There will be no refunds for any M-PPCP or BM-PPCP purchased and contributed to any Prize Pools. You agree that once we have delivered Your purchased M-PPCP/(s) and/or BM-PPCP/s into Your chosen Prize Pool/s and listed Your contribution to the relevant contribution directory listings, we are not liable to You whatsoever in any other way (whether for the refund of payment You’ve made for the purchase and contribution to Your select Prize Pools or who redeems Your contribution during redemption time).
You agree that You/Your authorised representatives will deliver to us whatever necessary information required about Your Business Gift Vouchers, such as Gift Voucher Codes, and whether multiple vouchers can be combined for use in a single purchase by members, etc., within five (5) working days upon Your purchase of the BM-PPCP/(s), so that those information may be communicated to members and published in the Rewards Catalogue for the GCC Event.
The fulfilment and delivery of Your product/s and/or service/s exchanged by members using Your contributed Business Gift Vouchers will be Your sole responsibility.
Any taxes, liabilities, or duties incurred by You arising from Your participation in the GCC & Leader-boards Prize Pools program and in the Website and Service are Your sole responsibility.
You are solely responsible for resolving any disputes and/or complaints regarding the exchange of Your Business Gift Vouchers to Your product/s and service/s, as well as for any negligence, breach of contract or otherwise, whether express or implied by statute, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any goods or services supplied by You/Your business, as well as any costs of re-supplying the goods or services or repairing, or paying the costs of repairing the goods. If we receive any complaints or feedback from any members regards such matters pertaining to the redemption of Your Business Gift Vouchers, we will forward those complaints and feedback to You for You/Your authorised representatives to make contact with and resolve such matters with those members. You agree that we are not responsible nor liable to You in any way for any complaints made online by members to other members, whether online on our Website and Service or on other sites, online or offline, and any and all resulting damages, whether financial or reputational.
You will also abide by the additional terms and conditions stated in the ‘Terms of Service for Business Members’.
We reserve all rights, in our sole discretion, at any time and without limitations, to set, modify, revise, and update the exchange rates for redemption of prizes and rewards in the GCC and Leader-boards Prize Pools, as well as the exchange rates of game currency to any Business Gift Vouchers contributed by Business Members.
We reserve all rights, without limitations, at all times, in our sole discretion, to make any changes as we deem fit to the M-PPCPs, B-PPCPs, and to the GCC Event and Leader-boards Prize Pools Program.

5.3.3. MyAdSpace (‘MAS’) and MyAdSpace ‘Power Activation Keys’ (‘MAS PAKs’)

Awon Hub’s ‘MyAdSpace’ (‘MAS’) program is developed to enable members to vote for, help support and recommend businesses they deem sustainable to their social network and other members. More businesses may thus hopefully be encouraged to engage in more environmentally and socially sustainable practices.

5.3.3.1. Members’ Participation in MAS program and gameplay

Upon fulfilling the required criteria, You have the option to participate in the ‘MyAdSpace’ (‘MAS’) program. You may acquire and use Your acquired ‘Power Activation Keys’ (‘PAKs’) to activate Your own advertising spots (MAS), and choose and place the ad images (“Business MAS Ad Banners”) of participating business/es that You wish to help support and recommend to others. If You choose to participate in the MAS Program and gameplay, You acknowledge, agree, and warrant that:

You have read and understood the rules and guidelines of participation (listed on the relevant pages in the Website and Service), and agree to abide by those rules, which may be amended from time to time. The Company, in its sole discretion, reserve the right to amend, modify, revise, and update the terms and rules of participation, and will post any changes and updates in or within the Website and Service. You agree to check for, read, and understand the updates and changes, and to abide by the new updated terms. If You do not agree to the amended terms, You may stop participating in the MAS program. Your continued participation of the MAS program will constitute Your acceptance to be bound by the newly amended terms.
For Your participation in the MAS program, You will earn rewards such as game currency (Awon Coins) and Decibels (dBs), which can used for the Game-changer’s Crown Event, provided You:
- use only the Business MAS Ad Banners listed in the Business MAS Ad Banners pages of the Website and Service, and not use Your own images for Your MAS, and
- follow the entire ad placement duration set by the Company.
- follow the entire processes stated by the Company for the MAS program.
If You do not follow the stated processes, or ad duration stated, or use Your own images for Your MAS, or alter any of the Business MAS Ad Banners’ listed on the Website and Service, You will not be entitled to any dBs, game currency, or any other rewards. In addition, if the images You used in Your MAS are not listed in the Business MAS Ad Banners pages of the Website and Service, and/or we receive a complaint from any Business Member about Your altering their MAS Ad Banner images, those images will be deleted from Your MAS without notice. You will be served a warning, and repeated offences will result in a suspension and/or ban of Your Account, depending on the severity of the offence. We are not liable nor responsible in any way for Your actions and Your use and/or misuse/abuse of Your MAS. We, in our sole discretion, reserve the right to take appropriate action against You for any misuse and/or abuse of the MAS provided to You, and to seek further legal remedies against You.
You agree to not alter, amend, or deface in any way, any participating Business Members’ MAS Ad Banners. If You do, the Company and the affected participating Business Member/s reserve the right to take appropriate action, including legal remedies, against You.
You acknowledge that the Company have not pre-screened any participating Business Member for their social and environmental sustainability credentials, or the accuracy of any statements regards the business practices made by any participating Business Member. You acknowledge and agree that the Company’s acceptance of and allowing Business Members to advertise on the Website and Service does not mean we approve of, support, and/or endorse any specific practices engaged by any Business Member on the Website and Service. You further agree that the Company is not liable nor responsible for the practices of and accuracy of any statements made by any Business Member participating and advertising on the Website and Service. You agree to review and make Your own independent evaluation of any participating Business Member before deciding who You will choose to support and which participating Business Members’ MAS Ad Banners You will use for Your MAS.
We reserve all rights to and may at any time, in our sole discretion, update, amend, or remove any rewards given for the MAS program (and all other gameplay features, programs, and events), the MAS PAKs and MAS Ad Banners, ad duration, and rewards awarded for participation and will notify any updates online on the Website and Service. You agree to check for, read, and understand, and abide by the updates.

5.3.3.2. Business Members participation in MAS Program, Leader-boards and Game-Changer’s Crown Prize Pools & Gameplay

Business Members may participate in and use the Company’s MAS Program, the Leader-boards, and Game-Changer’s Crown Event, for their marketing and advertising purposes, subject to this Agreement, and the additional terms in the ‘Terms of Service for Business Members’.

If You are a Business Member:

You may acquire and make available Your MAS Ad Banners for other members, who may choose to support You, to download and place Your MAS Ad Banners in their MAS and display their support and recommendation of Your business to their social networks and other members.
You understand, agree, and acknowledge that the Company has no control over and cannot guarantee whether members choose to support Your business, and/or use and place Your MAS Ad Banners in their MAS, or choose to acquire Your Business Gift Vouchers to redeem in Your stores during redemption time.
You agree that we and all of the Company’s directors, partners, employees, suppliers, licensors, contractors, and affiliates, are not responsible or liable in any way for any and all of the choices made by members in regards to Your MAS Ad banners and business vouchers, and all Your marketing and advertising material You put forth on the Website and Service.
You agree that You are solely responsible for the statements You make for Your own business,
You will abide by the additional terms stated in the ‘Terms of Service for Business Members’.

5.3.4. Group Leader Roles

5.3.4.1 Group Leader Rank, Privileges, and Responsibilities

When You achieve a certain Leaf rank, You may acquire the privilege and ability to create Your own solo and/or group (‘TIPIT Group’) sustainability quests (“Member-created Quests”), and unlock and access additional system features and privileges otherwise inaccessible, and earn additional rewards and Free Game Resources.

Upon reaching the required rank and fulfilling the necessary requirements, if You choose to create Your own TIPIT Group/s, and become a TIPIT Group Leader, You acquire the ability to access certain system features and privileges on the Website and Service that ordinary members (i.e., non-group leaders) are not able to access, such as:

The power and ability to appoint sub-leaders, like co-organisers and moderators, to help You manage Your TIPIT Group/s and quests, and to award Your appointed sub-leaders certain system features and privileges (subject to the Awon Hub platform’s system capabilities and features available);
The power and ability to demote Your appointed sub-leaders back to ordinary members, and to remove the previously awarded features and privileges given to them, (subject to the Awon Hub platform’s system capabilities and features available);
The power and ability to invite and/or remove and ban certain members from joining Your TIPIT Groups and from participating in Your TIPIT Group quests.

As a TIPIT Group Leader (if You choose to become one), You acknowledge, agree, and warrant that:

You have read and thoroughly understand the TIPIT Group system features and privileges, (information available in the Company’s user guides and listed on the Website and Service) before using them, such as appointment of group co-organisers. When You activate and use those system features and privileges, You will be deemed to have read, understood, and have agreed to conditions of use of those features and privileges and the responsibilities that come with it.
You will use wisely and not abuse the privileges and system features made available to TIPIT Group Leaders.
it is Your responsibility to ensure that the sub-leaders You choose and appoint understand the responsibilities that come with the system features and privileges awarded to them and that they agree to abide by Awon Hub’s Community Guidelines as well as any TIPIT Group guidelines that You as Group Leader set for Your group/s and created group quests. You understand, acknowledge, and agree that in appointing Your chosen group members to certain roles like co-organiser, You are sharing similar system features with them that may result in You losing control of Your created groups under certain circumstances, such as if and when Your co-organisers choose to abuse or misuse those system features against You and remove You as Group Leader of Your created TIPIT group/s. You agree that as the Group Leader, You are ultimately responsible for all activities that occur in Your TIPIT Group, and that You are responsible and liable for any misuse and abuse of the features and privileges by the sub-leaders You appoint, and You are solely responsible for any damages that may arise from such abuse or misuse.
If in the event You lose control of Your TIPIT Group to Your appointed group co-organiser/s, You acknowledge and agree that You will not hold the Company and any of the Company’s directors, administrators, partners, agents, contractors, suppliers and licensors, affiliate referrers, and mentors, responsible or liable in any way for any damages (such as emotional and mental distress and/or financial losses) that may arise from such situations.
In event of loss of control of Your groups, You may contact and request the Company’s administrators to assist You by manually reinstating You as a Group Leader of Your TIPIT Group/s via our backend systems. You acknowledge and agree that the Company’s administrators may but are not obliged to, in their sole discretion, accede to Your request for such assistance, and such requests will be reviewed on a case-by-case basis, and is subject to existing system capabilities, among other considerations. You agree to abide by the decision of the Company’s administrators and not hold the Company and any of the Company’s directors, administrators, partners, agents, suppliers and licensors, contractors, affiliate referrers, and mentors, responsible or liable in any way for any damages (such as emotional and mental distress and/or financial losses) that may arise from any decision and action taken pertaining to Your request.
We reserve the right to remove any TIPIT Group Leader who has been inactive for one hundred eighty (180) days from their leadership role and TIPIT Group/s, and/or whose account has been deleted and removed by us for whatever reason, and appoint the next highest-ranking member of their TIPIT group/s as leader, without any liability whatsoever. For group leaders who has been removed by us under such circumstances, no request for manual reinstatement as group leader will be entertained.

5.3.4.2. Group Sub-Leader Ranks, Privileges, and Responsibilities

While using the Website and Service, it may be possible for You to join TIPIT Groups created by members (who have acquired the ability and privilege to do so); and be appointed to group sub-leader roles such as group co-organiser and group moderator by Your group leader, and be awarded certain privileges and system features that would otherwise not be available to You. If in the event You have been appointed as a group co-organiser by Your group leader and later on, for whatever reason end up becoming the leader of the group, in event of dispute with the original group leader over the group leadership title and role, at the request of the original group leader (i.e., the one who created and set up the group and whose group You took over), the Company may, but is not obliged to, in its sole discretion, subject to existing system capabilities, among other considerations, manually reinstate via our system backend, the original group leader to the group leader title and role, and remove You from the group leadership title and role. You agree to abide by the decision of the Company’s administrators and not hold the Company and any of the Company’s directors, administrators, partners, suppliers and licensors, agents, contractors, affiliate referrers, and mentors, responsible or liable in any way for any damages (such as emotional and mental distress and/or financial losses) that may arise from any decision and action taken.

5.3.5 Awon Hub Affiliate Referrer Program

Upon fulfilling the required rank and criteria, and subject to the Company’s approval, members may apply to participate in the Awon Hub Affiliate Referrer Program (“Program”), by submitting to the Company their completed application form, and accepting the ‘Awon Hub Affiliate Referrer Program Terms of Service’, provided at the time of application. If You choose to apply to participate in Awon Hub Affiliate Referrer Program, You acknowledge, agree, and warrant that:

Participation in the program is subject to (i) Your Application, (ii) Your acceptance of the additional terms in the ‘Awon Hub Affiliate Referrer Program Terms of Service’, and (iii) the Company’s approval of Your Application. Application does not mean or guarantee approval of Your participation in the Awon Hub Affiliate Referrer Program, and approval of Your Application for participation in the Program and become an Affiliate Referrer does not make You an employee of the Company. All Awon Hub Affiliate Referrers are independent contractors.
You have read and understood the ‘Awon Hub Affiliate Referrer Program Terms of Service’ and the rules of participation stated within, and agree to abide by those additional terms before You apply. By applying to participate in the Program, You are deemed to have read, understood, and agreed to abide by the ‘Awon Hub Affiliate Referrer Program Terms of Service’ and rules of participation.
We, in our sole discretion, reserve the right to amend, modify, revise, and update the terms of the ‘Awon Hub Affiliate Referrer Program Terms of Service’, and will post any changes and updates on or within the Website and Service. You agree to check for, read, and understand the updates and changes, and to abide by the new updated terms. If You do not agree to the amended terms, You may stop participating and terminate Your participation in the Program. Even if You stop participating in the Program and cease to be an Awon Hub Affiliate Referrer, You may continue to use Your Account and the Website and Service, subject to the terms of this Agreement. Your continued participation of the Awon Hub Affiliate Referrer Program will constitute Your acceptance to be bound by the newly amended terms and policies.

5.3.6 Awon Hub Mentors Program

Outstanding Affiliate Referrers who fulfil the rank requirements, and other criteria set by us, may be invited by the Company, in its sole discretion, to participate in the Awon Hub Mentors Program, and be an Awon Hub Mentor (“Mentor”), to help guide, assist, and mentor other Affiliate Referrers, Business Members, and other new and existing members playing on the Website and Service. Such selected members will be provided the details on how to become a Mentor at the time of invitation, as well as the rewards for participation, (which may be amended from time to time). Participation is optional. Should You be invited and if You choose to accept the invitation, You agree to comply with and be bound by the terms of appointment as well as the ‘Awon Hub Affiliate Program Terms of Service’, which will be provided to You by the Company at the time of invitation, and You will need to read, understand, sign and return the necessary documentation to us.

5.3.7. Beta Testing.

The Website and Service are currently undergoing Beta Testing. You understand and acknowledge that You are participating in a Beta Test. The Company reserves all rights to amend any features and any part of the Website and Service during and after the Beta Test, and to discontinue with and terminate a Beta Test at any time, in the Company’s sole discretion. Termination of a Beta Test by the Company and Your participation in a Beta Test does not entitle You to any compensation or any free services, including any Content, Game Resources, and Game Currency. The Company may, in its sole discretion, on an ex-gratia basis, choose to offer members who participated in the Beta Test, Free Game Resources and /or to allow Beta Testing members to carry forward Game Resources acquired during one Beta to the next Beta and/or Live version where possible and feasible. Where not possible or feasible, You agree and acknowledge that the Company is not legally liable to provide any compensation to You in any way whatsoever.

5.4 Awon Hub Community Guidelines

As a Registered User and Member, You agree to read and follow and abide by the Awon Hub Community Guidelines (“Community Guidelines”) for all members and any amendments and updates to the Community Guidelines.

5.5 User Conduct, Rules of Usage, and User Responsibilities

You acknowledge and agree that You will not, either directly or indirectly, do, or attempt to do, any of the following actions with respect to any or all of the Website and Service:

You will not use the Website and Service for any purpose, that is unlawful or prohibited by these Terms, nor authorise another party to do so.
You will not use the Website and Service in any manner that could disable, overburden, damage, or impair or interfere with working of the Website and Service or any activities conducted through the Website and Service, or interfere with any other party’s use or enjoyment of the Website and Service. You will not post, create, upload, or transmit any content, computer files, applications, or programs, that contain software viruses, Trojan horses, worms, time bombs, corrupted files, cancel bots, unauthorised programs, or any other malicious code designed to corrupt, interrupt, disable, overburden, destroy, exploit, or limit the functionality of any computer software, hardware, or telecommunications equipment, or otherwise interfere with or disrupt the Website and Serviceor servers or networks connected to the Website and Service, or that disobey any requirements, procedures, policies, or regulations of networks connected to the Website and Service.
You will not use, or attempt to use, or exploit, and/or publicly inform third parties of any errors, miscue, programming bugs, or design flaws, on the Website and Service, or develop, or distribute, any means (either manually or via any software, script code, plug-in unit, cheat programs, macros, bots, exploits, automation software, hacks, or applications) to disable, remove, damage, circumvent, bypass, or ignore, or otherwise interfere with any security-related features or cheat detection measures, to obtain unauthorised access to the Website and Service, other accounts, computer systems or networks connected to the Website and Service.
You will not by any means intercept, collect, mine, track, or manipulate any data or material from and through the Website and Service that You do not have permission to access, and/or to use or attempt to obtain passwords from other members and use another’s account, service, or personal information of other members, for whatever reasons.
You agree to:
- hold in strictest confidence all code and any technical elements of the Website and Service,
- not copy, reproduce, adapt, manufacture, distribute, reveal, report, publish, disclose, or otherwise transfer any of our proprietary information and un-public information, in part or whole, or any accompanying materials therein, except as expressly authorised by us,
- not reverse engineer, decompile, disassemble, or otherwise create derivative worksbased on any of the Website and Service,
- not sell, lease, rent, license, sublicense, or otherwise use whole or part of the Website and Service and related contents, information, elements for a commercial purpose, without our express written permission.
You will not post, modify, use, upload, or transmit content that You do not have the right to post or use, such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, and material protected by intellectual property, copyright, or other applicable laws, (including the rights of privacy, publicity, or trade secret of the Company or third parties) or publish the personal information of others without their consent.
You will not post, use, upload, or transmit any content that You know to be false and misleading, post illegal websites, spam advertisements, or disseminate any information or material involving drugs or otherwise attacking, threatening, or insulting a portion or all of our users, or that is harmful, obscene, vulgar, pornographic, sexual or otherwise offensive or objectionable, abusive, intimidate or harass another, invasive of privacy, defamatory, hateful, or otherwise discriminatory, incites and/or facilitates and/or promotes an illegal act, or is otherwise in breach of Your obligations to any person or contrary to any applicable laws and regulations.
You will not alter, amend, or deface, misrepresent, or copy any MAS PAKs Ad Banners by participating business members in any way for any reason or infringe on the intellectual property rights of any participating businesses in any way.
You will not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or with AWON HUB/the Company, the Website and Service (for example, by displaying a name, logo, trademark, or other means of attribution that is reasonably likely to give the user the impression of such affiliation) for whatever purposes.
You will not use any unapproved payment methods.
You will not authorise, allow, or assist any third parties to do any of the above.
You also agree that You will respect local customs or practices, and Your use of the Website and Service shall obey any applicable laws or local regulations.

Depending on the relevant situation, we may take action, including but not limited to, sending a warning, blocking communications, suspending Your Account, blocking log-in and access to the Website and Service, off-lining, banning, or terminating Your Account temporarily or permanently, in our sole discretion. We reserve and maintain the final rights to interpret and take actions, in our sole discretion, according to relevant circumstances of Your inappropriate behaviours, and without prior notice.

Subject to our ability to do so, if Your rights are violated by other users, we will assist You in providing the necessary materials to defend Your rights.

5.6 Disputes between Users

You acknowledge and agree that we reserve the right, but are not obligated, to attend to, mediate, take any action, or be involved in any way in disputes between Users. We may choose, but are not obligated, to pay attention to and take action upon inappropriate activity, chats or links in or to the Website and Service by Users or third parties. You agree that You are solely responsible for any interactions with other Users. By using the Website and Service, You acknowledge and accept that at any time, there may be behaviour, language, or material, accessible on or through the Website and Service, that may be inappropriate, in particular for children, or otherwise offensive to some users of any age, race, religion, or gender. You acknowledge that we cannot ensure that other Users will not behave inappropriately or provide content or access to content that parents or guardians may find inappropriate or that any User may find objectionable. You agree that under no circumstances shall we be liable for any such inappropriate behaviour, language, or content shared by any other Users or third parties, including but not limited to any third parties’ website or services linked on or through our Website and Service. In event of any dispute with any Users, You agree to waive any rights You may have against us and not assert any claim against us or any of our directors, officers, administrators, employees, partners, suppliers and licensors, contractors, agents, or affiliates, and shall release us from all damages, liabilities, losses, damages, judgments, claims, causes of action and expenses, including attorney’s fees and costs, and actual, special, incidental, punitive, exemplary, and consequential damages for loss of profits, goodwill, or data, arising from such dispute.

5.7 Termination of Your Account.

Your access to and use of Your account, the Website and Service may be terminated by You at any time, and for any reason. If You decide to terminate Your usership or Account, please contact our support service, and we may terminate Your Account as soon as is reasonably practical after receiving Your termination request.

We may suspend Your Account and/or Your access to Your Account for an indefinite period of time, and/or terminate Your Account and Your access to Your Account, Website and Service, immediately and without notice if You breach this Agreement or if we, in our sole discretion, believe You have wilfully infringed any third party intellectual property rights, or if we are unable to verify or authenticate any information You provide to us, or upon Game play, chat, or user activity whatsoever, which is inappropriate, an abuse and/or in violation of the spirit of this Website and Service (including without limitation the circumvention or manipulation of any terms of this Agreement, in particular the Rules of Conduct). Notwithstanding any other provision under this Agreement, if you choose to terminate Your Account, or Your Account was suspended or terminated for any of the foregoing reasons, You will lose access to Your Account, the Website and Service, including all Game Resources, whether Free or Premium Game Resources, and we shall not have any obligation to refund any fees You have paid or provide any other compensation for unused Premium Game Resources or otherwise have any liability to You whatsoever. If You violated any terms of this Agreement, we reserve to take any and all necessary action as we deem fit in our sole discretion, including without limitation, consolidating, interrupting, managing, disclosing, altering, or deleting, and purging Your Account and all data associated to Your Account. We reserve the right to seek further legal remedies against You. Furthermore, we also reserve the right to delete and purge Your account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by the Company in its complete discretion.

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations accumulated prior to the termination/expiration shall survive any termination for two years and shall still be fulfilled by You. Also, all our rights and interests and the authorization (if any) granted to us by You shall still remain in effect and survive the termination of this Agreement.

6. Terms relating to Content on the Website and Service

6.1 User Contributions and User Content

The Website and Service may contain various websites, forums, communities, networks, other interactive features, chat areas, and/or communication channels that enable You to communicate with other Registered Users, and also allow You and other users to post, submit, publish, upload, display, or transmit any data, content, and/or materials on or through the Website and Service (“User Contributions”), including but not limited to any written text, chat post, forum post, profile, widget, links, message, feedback, email, videos, music, audio files or other sounds, photographs, graphics, or other images, audio visual, code, or other materials appearing on or flowing to and from the Website and Service. Any of the User Contributions may or may not be illegal, deceptive, fraudulent, defamatory, threatening, obscene, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may or may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, applications, programs, or software. You understand that by using the Website and Service, You may be exposed to Content made available by users that You deem offensive, indecent, false, inaccurate, hurtful, or objectionable.

All data, material, and information, such as written text, computer software, data files, videos, music, audio files or other sounds, photographs, graphics, or other images (collectively, “Content”) which You may have access to as part of, or through Your use of, the Website and Service are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the origin and ownership of Content that they post, upload, and/or link to. We do not pre-screen Content as a matter of policy. You acknowledge and agree that:

we do not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity, or quality of the Content made available at the instigation of users, such as and including Yourself, on the Website and Service. We do not endorse or support any user Contributions and/or Content posted by You, any users, or any other third party, on or through the Website or Service.
You shall be fully and solely responsible for Your own behaviour and activity when using the Website and Service, including but not limited to any User Contributions posted by You.
under no circumstances are we liable in any way for any Content posted by You or any user, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind, including but without limitation, financial losses, physical, psychological, emotional and mental suffering, incurred by You or any user as a result of the use of any Content posted, transmitted to, linked to, or otherwise accessible or made available via the Website and Service.
we reserve the right, but are not obligated to, monitor, review, filter, moderate, edit, and/or remove any or all User Contributions and Content provided by users, including Yourself, that are objectionable, or inappropriate, at any time, without prior notice, in our sole discretion.
we are not liable for any failure to remove, or delay in removing, any such content that You and/or other users deem offensive, indecent, false, inaccurate, hurtful, or objectionable. You may however make complaints by accessing our support service.

6.2 Materials and Content You Provide.

The Company does not claim ownership of the materials You provide to the Website and Service, (including feedback and suggestions), or post, publish, upload, input, or submit to the Website and Service (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submissions to the Website and Service, You agree that

You are willingly and voluntarily publishing the content on the Service using technology and tools provided by the Company.
Any User Contributions You post will be considered non-confidential and non-proprietary, and You have no expectations that Your User Contributions will be private, and that we may disclose Your User Contributions for any reason at any time without prior notice.
You are irrevocably and unconditionally granting the Company, our directors, administrators, staff, contractors, suppliers, licensors, affiliated companies, and necessary sub-licensees, a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable, assignable, and unlimited right and license to use, copy, edit, adapt, modify, translate, reproduce, publish, create derivative works of, reformat, distribute, manufacture, promote, sell, offer to sell and/or use for any purposes, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, Your User Contributions or any portion thereof, and to publish Your name in connection with Your Submissions, in any and all media, formats, and forms, known now or hereafter devised, in connection with the operation of our Website and Service and our businesses. You understand and acknowledge that You shall not be entitled to claim any compensation, charges, fees, considerations, or other remuneration in connection with Your User Contributions for any reason, including our exercise of the rights You grant to us in this section and that we are not obligated to exercise such granted rights. Furthermore, You agree that any such submission by You shall not create any contractual relationship between You and us. We are under no obligation to post or use any Submissions You may provide and may remove any of Your Submissions at any time in the Company’s sole discretion.
You also grant all other users who can access Your User Contributions the right to use, copy, modify, display, perform, create derivative works from, communicate about, or otherwise distribute Your User Contributions on or throughout the Website and Service without prior notice, attribution, or compensation to You. Except to the extent such waiver is prohibited by law, You hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country worldwide. If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or personal rights), You hereby expressly waive and agree not to asset any such rights, credit, and/or claim for any compensation from us, our directors, and all our administrators, staff, partners, contractors, suppliers, licensors, agents, and affiliates.
You warrant and represent that You own or otherwise control all of the rights to Your Submissions, including without limitation, all the rights necessary for You to provide, submit post, input, or upload the Submissions. You represent and warrant that You are solely responsible for any and all Submissions You post, upload, and/or link to, including without limitation, about the accuracy, integrity, or quality of the Submissions You supply to the Company on or through the Website and Service, and You warrant and agree that no Submissions of any kind submitted, posted, or otherwise shared by You on or through the Website and Service, violates or infringes upon the rights of any third party, including trademark, copyright, privacy, or other personal or proprietary rights, or contains defamatory, libellous, fraudulent, deceptive, or otherwise unlawful material. You understand that Your User Contributions may be copied by other users and discussed and/or used in any and all possible manner, within or outside of the Website and Service, and if You do not have the right to submit User Contributions for such use, it may subject You to liability. Please note that we take no responsibility and assume no liability for any Content posted by You or any third parties.
You are responsible for creating backup copies of any Submissions You create, post, and share on the Website and Service, and You authorise us to make copies of Your Submissions as we deem necessary to facilitate the posting of Your Submissions on the Website and Service. You may request the removal of Submissions from the Website and Service at any time, and we will take necessary steps to remove such Submissions from our Website and Service. However, You acknowledge and agree that we can only remove any such Submissions from our own Website and Service, and cannot remove Submissions from other websites or servers not under our control, or email archives and other similar community forums where You may post content or others’ computers, or Submissions You may have sent to others in an email.
We expressly reserve the right to limit our storage capacity for Users Contributions that You post on, through, or in connection with, the Website and Service, and we may delete or remove Your Content any time we deem fit in our sole discretion. We may also periodically update and upgrade the Software and Apps used in the Website and Service, with or without notifying You and all Users. We shall not be liable for any deletion or loss of Content that may occur from such updates.

6.3 Copyright, Intellectual Property, Licenses Associated with Content on the Website and Service.

Unless otherwise marked, we own all rights, titles, and interests (including but not limited to, ownership, intellectual property rights, neighbouring rights, and other rights and interests) to all Content provided by usand made available on the Website or through the Website and Service. Any and all aspects of the Website and Service (including but not limited to trade secrets, copyright, database rights, patent, trademark and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). More specifically, any materials that are part of the Website and Service (including but not limited to any content, websites, gameplay, quests, logic, structure, sequence, organisation, symbols, legends, concepts, design, text, data, sounds, photographs, audio clips, audio-visual, video, artwork, graphics, logos, button icons, images of virtual currencies, digital real estate, technology, programs, applications, tools, HTML, source codes, object codes, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, architecture, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the Website and Service) are protected by applicable laws from unauthorised use. We do not grant You or any User any licenses, express or implied, to the intellectual property of the Company or our licensors or contractors or suppliers, except as expressly authorised by these Terms.

You acknowledge and agree that:

Your use of the Website and Service does not confer You any right or interest or otherwise, in any aspect or feature of it, including but not limited to, any quests and/or in-game rewards, achievements, virtual currencies, digital space, and advertising rights or revenue, levels, and other content, except explicitly granted to You under this Agreement. We remain the sole owner of rights, titles, and interests (including intellectual property rights, neighbouring rights, and other rights and interests) in and to the Website and Service.
any data, game/quest progress, any achievements and rewards earned, and/or any other data pertaining to Your use of the Website and Service may cease to be available to You at any time without prior notice, in our sole discretion, without any compensation or refunds to You and without any liability to us whatsoever.
You will observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Content and will not make any changes thereto without our express written authorisation or permission.
You will not modify, copy, distribute, frame, republish, reproduce, download, display, post, transmit or sell in in any form or by any means, in whole or in part, or otherwise exploit, any and all of the Website and Service, without our express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, require our express prior written consent. Please note that any unauthorised reproduction or redistribution of the Website and Service shall be prohibited and may result in severe legal and criminal penalties.

You may use the Content You find on the Website and Service in accordance with the terms of the license applicable to that Content. The Company does not guarantee that Content made available on the Website and Service does not infringe the rights of any third party. You agree that

before using any Content on our Website and Service, You will review and make Your own independent evaluation of the terms of the license applicable to the Content.
By using the Website and Service, You are solely responsible for Your use of any and all Content made available thereon, and that You will bear all risks associated with the use of any and all Content, including any reliance on the provenance, ownership, accuracy, reliability, or completeness of such Content.
when using any Content You find on the Website and Service, You will attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and You must not remove or alter any copyright, trademark, logo, name, or other notice or legend that appears in connection with the Content.

6.4 Links to Third Party Content, Websites and Service

The Website and Service may contain links to third-party websites (“Third-Party Websites” / ‘Linked Sites’), as well as Content belonging to or originating from persons or organisations other than the Company (“Third-Party Content”), not controlled by us. Certain services made available via the Website and Service are delivered by third party sites and organizations. You may be able to connect Your Account to third party accounts. By connecting Your account to Your third-party accounts, and/or using any product, service, or functionality originating from the Website domain, You hereby acknowledge and consent that

we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of the Registered Users and customers.
You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third-party sites). If You do not want information about You to be shared in this manner, do not use these features. In using these features, You agree that You will bear all associated risks and liabilities of use.
we are not responsible or liable for any Third-Party Websites or any Third-Party Content, information, links, products, or services made available by any Third-Party Website, regardless of whether Third Party Websites provide the option for users to apply Creative Commons licenses to Content hosted on those sites, or whether any Third-Party Website or Third-Party Content bears a Creative Commons license.
we make no representations or warranties whatsoever about any Third-Party Websites or Third-Party Content, and provides all information ‘As Is’;
we have not reviewed any Third-Party Websites or Third-Party Content for accuracy, non-infringement, appropriateness, or completeness;
the inclusion of any link does not imply our endorsement of the Linked Site or any association with its operators

7. Privacy

7.1 The personal information You provide us during registration is used for our internal purposes only. We use the information we have collected to deliver services to You and help improve the Website and Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorised by You, we will not give any of Your personal information to any third-party without Your express approval. We do not guarantee the security of any of Your private transmissions against unauthorised or unlawful interception or access by third-parties. You agree we may communicate with You via email and any other similar technology for any purposes relating to the Website and Service, and any new services which we may provide in the future.

7.2 We can, and You authorise us to, disclose any information about You to private entities, law enforcement agencies, or government officials, as we believe, in our sole discretion, necessary or appropriate:

for the provision of the Website and Service and services to You,
to investigate or resolve any problems or inquiries, or
in our good faith belief that it would aid in protecting the rights, safety, or property of any person,
for any legal process, or compliance with any laws or regulations, and
to enforce the terms of this Agreement.

7.3 Your Account ID, Nickname, profile picture, and game status and other game related data may be publicly available and disclosed in any event.

7.4 Subject to any applicable laws and regulations, You have the right to request modification or deletion of Your personal information after passing our review process in a required proper manner.

7.5 Please also see our Privacy Policy for more information regarding to the collection and use of Your information.

8. Interruption of Services

8.1 We reserve the right to interrupt the operations of the Website and Service, or any portion of the Website and Service, including without limitation User Accounts, from time to time on a regularly scheduled basis or otherwise with or without prior notice as we deem appropriate in order to perform maintenance and/or update the Website and Service.

8.2 You acknowledge that the Website and Service may be interrupted by unforeseen circumstances or causes beyond our control, and we cannot guarantee that You will be able to access the Website and Service or Your Account whenever You may wish to do so. In any event, You agree that we shall not be liable for any interruption of the Website and Service arising from unforeseen circumstances or causes beyond our reasonable control, including without limitation, fire, storms, floods, government restrictions, strikes, accidents, network or server or infrastructure failures or shortages of labour, fuel, energy or technological facilities.

8.3 Notwithstanding any other provision in this Agreement, we shall not be obligated to refund any portion of any purchase of Premium Game Resources, or otherwise provide compensation or have any liability by reason of any interruption of services by reason of any of the circumstances described above in Clauses 8.1 and 8.2.

9. Disclaimer of Warranties

You agree that Your use of the Website and Service shall be at Your own risk. You acknowledge and agree that:

We provide the Website and Service on an “As-Is” and “As Available” basis, and makes no representations or warranties of any kind concerning the Website and Service, expressed or implied, statutory or otherwise. To the fullest extent permitted by applicable laws, the Company and/or our directors, officers, administrators, staff, suppliers, suppliers, service providers or licensors, contractors, affiliates, and agents, (‘The Parties’), hereby disclaims and negates all warranties of any kind, conditions, common law duties and representations, either express or implied, oral or written including but not limited to, warranties of title, warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, regardless of in the aspect of tort, contract, or otherwise, and regardless of whether we have been advised of the possibility of such liabilities.
We make no warranties about the accuracy or completeness of the Website and Service. We do not warrant or represent that the information, content, software, functions, Free or Premium Game Resource, or products, and services, contained on or available through the Website and Service will meet Your requirements or be uninterrupted or error-free, that defects will be corrected, or that the company’s servers are free of viruses or other harmful components. Materials appearing on the Website could include technical, typographical, or photographic errors. We do not make any representations or warranties concerning the accuracy, likely results, or reliability of the use of the materials on the Website and Service, or otherwise relating to such materials or on any sites linked to the Website and Service, and disclaims liability for damages resulting from their use in any way. We may make changes to the materials contained on the Website and Service at any time without notice. We do not make any commitment to update the materials. We are not obligated but reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information included as a part of the Website and Service is inaccurate at any time without prior notice (including after You have submitted your order). No oral or written information or advice given by us or our authorised representatives shall create a warranty or in any way increase the scope of this warranty.
You are entirely responsible for and assume all risk for use of Your Account, the Website and Service, Free and Premium Game Resources, including but not limited to game currency and MAS PAKs, and all other services. You should not use Website and Service, Your Account and its features or any other services in high-risk activities where substantial damage could result if an error occurred. We do not warrant or represent that our security procedures will prevent the loss of or improper access to Your data. We are not responsible for transmission errors or corruption or security of information carried over telecommunication lines or for any foul/unfair play or any breach of this agreement by any User or loss of Game Resources or records or other data (in particular but without limitation for loss of Game Resources pursuant to any prohibited trading activities). Where necessary / applicable, You are advised to consult with Your own legal counsel or relevant professionals in the relevant fields before using any of the information provided on or through the Website and Service.
In the event that we choose to grant any awards or prizes (whether pursuant to any marketing activities or events of otherwise), any award or prize may be substituted or withheld by us for any reason whatsoever as we may deem fit in our sole discretion. You further agree that in the event of any controversy or conflict or dispute with regard to the award or prize or other results of any activity or event (including without limitation due to an error in the system display), the decision by us as to the award or prize or whether the same is to be granted or otherwise as to the results of any activity or event shall be final.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we, and our directors, officers, shareholders, partners, administrators, staff, suppliers, contractors, licensors, affiliates, or agents (collectively, ‘The Parties’) be liable to You, or any third parties, on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages whatsoever, including without limitation, loss of revenue or profits, loss of data, personal injury (including without limitation, physical, mental, emotional pain and suffering), property damage, cost of substitute goods or services, or similar damages suffered or incurred by You or any third party, however it arises in connection with the Website and Service, whether to the use or performance of the Website and Service, or delay or inability to use the Website and Service, or any unauthorised access to or use of our secure servers and/or financial information stored therein, or the interruption, suspension, or termination thereof for any reason, or the provision of, or failure to provide, services, or for any information, software, products, Free or Premium Game Resources, services, and related graphics obtained through the Website and Service, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, or otherwise, even if The Parties have been advised of the possibility of such damages occurring.
If You purchase our Premium Game Resources, except that we are responsible for delivering Your purchased Premium Game Resource to Your Account in accordance with this Agreement, You agree to release us and the Parties from any and all liabilities related to Your purchase and to Your access, play and any other use of the Game Resource.
You agree to release us and The Parties, from any responsibility and any and all liabilities related to any computer bugs and virus infection to Your computer, or similar links transmitted, whether it is through our server or by third party activities on or through the Website and Service, or any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of You; and/or any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
You acknowledge that we have no control over, and therefore are not responsible or liable in any way, for any Content posted by, or conduct of, Users or any other third parties (such as other users, third party service providers, vendors, advertisers, or operators of external sites), on the Website and Service, or on third-party sites which You may have access to, including those sites linked to our Websites and Service. Our linking to any third-party sites or tie-ups with third-parties for the provision of the Website and Service, do not imply an endorsement, guarantee, approval, or sponsorship of such third parties, or the information, products, or services offered by or through such third parties, or their business practices and policies. The applicable service terms and privacy policies of those third-party websites shall govern Your use of such websites. You agree to release us from any responsibility or liability, and waive and not assert any claims (including but not limited to claims of infringement, damages and losses of any type) You may have against us and The Parties, arising from or in connection with Your access and use of the and Website and Service, Game Resources, and any other features and programs available to You on the Website and Service.
You agree that the disclaimers, limitation of liability, releases, waivers contained in this Agreement shall apply to the fullest extent permitted by any applicable law. If You are a California resident, You hereby waive Your rights under the California Civil Code Section 1542 that provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his/her favour at the time of executing the release, which if known by him/her, must have materially affected his settlement with the debtor. Residents of other jurisdictions waive any similar rights under applicable and/or analogous laws.
Notwithstanding the foregoing, the exclusion of certain warranties or the limitation or exclusion of liability may not be permitted by relevant laws in certain instances. In those instances, some of the limitations herein may not apply to You.

11. Limitation of Claims

Without affecting Section 9 above, the maximum aggregate cumulative liability of the Company and the Parties arising out of or in connection with this Agreement will not exceed:

the total amounts You have paid, if any, during the three (3) months prior to Your making a claim against the Company; or
if (a) does not apply, fifty Australian dollars (AUD 50).

These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.

To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement must commence within six (6) months after You shall first become aware of or within six (6) months after the claim of cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.

12. Indemnification for Breach of Terms of Use

You agree to defend, hold harmless, and indemnify us, and our directors, officers, administrators, staff, suppliers, contractors and licensors, partners, licensees, content providers, affiliates, and agents (collectively, ‘the Parties’) from and against any and all loss, liabilities and expenses, damages, judgments, claims, and costs, including without limitation attorneys’ fees and costs on a full indemnity basis, which we and The Parties may hereafter incur, suffer, or be required to pay, defend, settle, or satisfy, as a result, whether directly or indirectly, from or in connection with:

Your access or use or misuse of or inability to access or use, the Website and Service, Game Resources, and any features and programs available on the Website and Service;
Your violation, or alleged violation, and any breach of this Agreement by You;
any User Contributions, User Content, materials, or other information provided by You or on Your behalf. You also agree to indemnify and hold harmless the Parties from and against any and all claims brought by third parties arising out of Your use of the Website and Service and the Content You make available via the Website and Service by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
Your violation of any rights of a third party or violation of any applicable laws, rules, or regulations, and/or Your other illegal or inappropriate behaviour.

We reserve the right to assume the exclusive defence and control of any matter for which You are required to indemnify us, and You agree to provide us with Your full cooperation and assistance in asserting any available defences in any such claims, actions, or proceedings.

13. Injunctive Relief

Without prejudice to any other rights or remedies that we may have, You acknowledge and agree that in the event of any threatened or actual breach of this Agreement, we shall, without proof of special damage, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which we may be entitled. You irrevocably waive all rights to injunctive or other equitable relief, or to enjoin or restrain the operation or exploitation of the Website and Service or part thereof, and further agree to claim only monetary damages from the Company.

14. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. You agree that a party may bring claims against the other only in each individual capacity, and not as a plaintiff or class member in any putative class, collective, and/or representative proceeding, such as in the form of a private attorney general action against the other. You agree to irrevocably waive all rights to a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action. Further, unless both You and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

15. No Assignment

You may not assign, transfer, charge, or sub-contract all or any of Your rights or obligations under this Agreement, whether by operation of law or otherwise, without our express prior written consent. Otherwise, we may, in its sole discretion, terminate the provision of services to You without prior notice. If the restrictions on transfer are not enforceable under the law of Your country of residence, then this Agreement will be binding on You and any of Your recipient. Notwithstanding the foregoing, we are entitled at any time to assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

16. Termination of this Agreement

This Agreement will continue to apply until terminated by either You or by us. Without limiting any of our rights, Your participation as a Registered User, access to and use of the Website and related Website and Service terminates automatically upon Your breach of this Agreement. Your access to and use of Your account, and the Website and Service may be terminated by You, or by the Company at any time, and for any reason. Upon termination, You shall not longer exercise any of the rights granted to You, and we are not obligated to refund any fees You have paid or provide any other compensation for unused Premium Game Resources or otherwise have any liability to You whatsoever.

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations accumulated prior to the termination/expiration shall still be fulfilled by You. Also, all our rights and interests and the authorization (if any) granted to us by You shall still remain in effect and survive the termination of this Agreement.

17. Non waiver

Our failure to act with respect to a breach by You or other users do not waive our right to act with respect to subsequent or similar breaches. No failure to exercise or enforce any right and no delay on our part in exercising and enforcing any right, power, privilege, or remedy under this Agreement will constitute a waiver of any provision or right. Nor will any single or partial exercise of any such right, power, privilege, or remedy, by us preclude any other or further exercise of that or any other right, power, privilege, or remedy.

18. Entire Agreement

These Terms of Service and any policies or operating rules posted by us on Website and Service or in respect to the Website and Service constitutes the entire agreement and understanding between You and us and govern Your use of the Website and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the Company.

19. Severability

If any term or part of the Terms of this Agreement is held to be void, or declared invalid, or unenforceable by any law or regulation or final determination of a competent court or tribunal or for any reason whatsoever, that invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and if there are none, that invalid or unenforceable provision will be deemed severable, and will not affect the validity and enforceability of any remaining provisions of this Agreement. The rest of this Agreement may not be affected and remain in effect.

20. Force Majeure.

Failure or omissions to carry out or to observe any of the conditions of this Agreement by the Company, its directors, officers, administrators, staff, suppliers, licensors, contractors, affiliates, or agents, shall not give rise to any claim against a party or result in the breach of this Agreement, if such failure or omission arises due to any delay or failure to perform, resulting from causes outside the reasonable control of the Company, including but not limited to war whether declared or not, insurrection, strikes, inability to obtain material, fire, storm, floods, or other severe action or the elements, accidents, government restriction, or for any other cause whether like or unlike the foregoing which are unavoidable or beyond the control of the relevant party.

21. Governing Law

This Agreement is governed by the laws of Victoria, Australia. You agree to submit to a court of competent jurisdiction chosen by us regarding any disputes or proceedings between us and You concerning this Agreement. You hereby consent to and waive all defences of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.

22. Location of the Website and Service

The Website and Service are offered by the Company from its office in Australia. The Company makes no representations that the Website and Service are appropriate or available for use in Your location. If You are accessing or using the Website and Service from other countries and jurisdictions, You do so at Your own risk, and You are responsible for compliance with local laws, and You agree not to use the Website and Service in any manner prohibited by any applicable local laws, restrictions, or regulations. Notwithstanding the foregoing, the Website and Service may contain or provide links to Content hosted on websites located outside of Australia. If we should at any time choose to provide You with a translation of the English language version of this Agreement, You agree that such translation is provided for Your information only and does not amend this English version. In the event of any conflict between a translation of this Agreement and the English version, the English version shall prevail. We reserve all rights not expressly granted herein.

23. Contact

If You have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at admin@awonhub.com.

Terms of Service for Business Members

(Effective date: 8 September 2023)

I have read, and I understand, agree with, and accept the terms of service.

General Information

This Terms of Service for Business Members (“Agreement”) describes the terms and conditions on which we grant a business user (“You”, “Your” or “Business User”, or “Business Member”) access to and use of the awonhub.com gamified sustainability website (“awonhub.com”, or the “Website”) and the Service (“Service”),operated and provided by Awon Hub Pty Ltd (“Awon Hub”, “the Company”, “us”, “our”, or “we”).

In this Agreement, the “Service” refer to, and include, but is not limited to, the awonhub.com Website, platform, software systems, all gamification features, components, elements, both online and offline user programs, and content involved therein, all advertising features and placements, any patches, updates, and upgrades to the platform applications, any related content, documentation, add-ons, supplements, and/or any related services, customer support, social media, community channels, made available to You (whether as a guest or registered user) by Awon Hub Pty Ltd and any of our authorised third party (collectively, the “Service”).

Please read this Agreement carefully as it is a legally binding agreement, and make sure You understand it. Unless otherwise agreed to in writing with the Company, the access and use of the Website and the Service by Your business will always be subject to, at a minimum, the terms and conditions set out in this Agreement. If You do not understand the Agreement or do not agree or accept any part of it, You may not access or use the Website and the Service. BY ENTERING, USING, PLAYING, OR OTHERWISE ACCESSING THE WEBSITE AND SERVICE, YOU AGREE TO THIS AGREEMENT (which may be amended from time to time).

Please note that the Website and Service is at a beta testing stage, and the terms and conditions of use and for business membership and business advertising will be changed and updated as we evolve. Your particular attention is drawn to the Company’s limitation of liability contained in Section 10 below.

Business Membership and Business Advertising Services on the Awonhub.com Website and Service

2.1. Eligibility for Advertising Service

2.1.1. Only registered Business Members may access, use, and participate in the Awon Hub Website gameplay, and advertise on the Website and Service. Businesses and organisations who want to access, use, and advertise on the awonhub.com Website and Service must first establish a ‘Business Account’ (“Business Account”) and be registered as a ‘Business Member’ on the Website.

2.1.2. If You are a registered Awon Hub member with a ‘Personal Account’, and wish to advertise Your business that You own and/or operate on the Service, You must create a separate Business Account for Your business entity. A different username and email account (that is separate and different from Your Personal Account) will be required and must be used for Your Business Account.

2.1.3. If You are an advertising or marketing or consulting agency or other entity contracted and authorised by and representing an organisation, or individual/(s), or business entity (“Advertiser”, as defined in Section 4.1) to establish a Business Account on the Website and Service, and submit and place advertisements on behalf of the “Advertiser” (i.e., the business entity You are representing) or execute any advertising orders, the additional terms in Section 4 apply.

2.2. Eligibility for establishing a Business Account

You may only establish a Business Account for Your business entity and use the Website and Service provided:

1. the business entity that You link Your Business Account to, and for whom Your Business Account is created, is legally registered in and compliant with the laws of the country that Your business is registered in.

2. Your business entity for whom Your Business Account is created is not engaged in the provision, promotion, sale, and/or facilitation of any of the activities prohibited by the Company. Awonhub.com is a family friendly platform, and any activities concerning or involving, or facilitating, organising, inciting, advocating, or promoting pornography, nudity, sexual solicitation and exploitation, drug abuse, gambling, violence, all forms of extreme / hate speech, misinformation, and financial scams, are prohibited. We are not obligated, but reserve the right in our sole discretion, to refuse or cancel service, remove, suspend, or terminate any Accounts and/or access through any Accounts and/or content that we find objectionable for any reason, or in the event of any breach of any terms of this Agreement, without any prior notice, and without any liability whatsoever.

3. You are not a business specifically prohibited by us from using the Website and Service. Any business whose Account or access to the Website and Service has been suspended or terminated by us or any business who has been banned or removed from any Service may not access the Website and Service in any manner or for any reason, including through any other Account, without our express written permission. Registering for an account on the Website is void where prohibited.

2.3. Establishing a Business Account and registering as a Business Member

To establish a Business Account and become a registered Business Member, You (or Your authorised representative of Your business entity or organization) must:

accept the ‘Terms of Service for All Users’, and
accept the Terms of Service for Business Members” (this document), and
choose a Business Member Subscription Pack, and pay the Business Member Subscription fees upfront using one of the payment methods set out on the Site. The Business Member Subscription Fees are non-refundable once paid.

This Agreement is an electronic contract that sets out the legally binding terms of the access and use of the Website and the Service by Your Business. You indicate Your acceptance of this Agreement and all the terms of service contained or referenced in this Agreement by completing the Company’s Business Account establishment process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. If You do not accept these terms and pay the Business Member Subscription Fees, You will not be able to create a Business Account or register as a Business Member on the Website and Service.

Becoming a Registered Business Member, or using the Website and Service, does not and shall not be deemed to make You a member, shareholder, agent, or affiliate of the Company for any purposes whatsoever, unless otherwise expressly agreed upon with the Company in writing.

2.4. Payment of Business Member Subscription Fees

2.4.1 Payment by Company Authorised Channels and Methods Stated on Website and Service

You agree to make all required payments to the Company directly and only through the authorised methods as stated in the awonhub.com Website, unless otherwise expressly agreed upon with the Company in writing. You acknowledge and agree that we are not responsible nor liable for any issues, damages, or losses, financial or otherwise, arising from Your failure (or the failure of Your authorised employees) to follow our payment instructions and procedures.

You also agree to not pay the Business Member Subscription Fees by exploiting any bugs in the Service, on the Website, and/or within our Service and systems which may cause unfair transaction between You and the Company, or gain unfair advantage in the Service, or through informal channels which are not provided directly by the Company, or any other channels unauthorized by the Company (‘Unauthorized Channels’). You agree to undertake any loss due to paying the Business Member Subscription Fees through Unauthorized Channels. For every Business Account found to pay through the Unauthorized Channels, we reserve the right to reduce, suspend, alter, delete or terminate the Business Account and its data; we also have the right to identify it as a fraud, in our sole discretion.

2.4.2 Security and Anti-Fraud

For security and anti-fraud purpose, we may require You, whether prior to or after payment of the Payment Fee, to provide personal information such as business registration licence number, address, phone number, and name/s and copy of picture ID of designated authorised representative/s. You may also be required to write and sign a statement certifying that Your purchases are authorised and legitimate. Failure to do so may result in a Business Account not being registered and established, or if established already, suspension of the associated Business Account or suspension of access through the associated Business Account.

2.5. Activation of Business Accounts Established

Your Business Account will only be activated after the Company receives Your Business Member Subscription Fees. After the activation of Your Business Member Account, You may participate in the Awon Hub Gameplay and promote and advertise Your business on the Website and Service in accordance with these Terms.

2.6. On-going Business Membership Subscription

Once Your Business Account has been established and activated, Your Business Member subscription will be automatically rolled-over and renewed on a monthly or another periodic basis until either party cancels or terminate the subscription in accordance with these Terms, and Your Business Member Subscription Fees will be automatically debited from Your authorised credit card and/or other payment methods set out on the Website, as chosen by You. Business Member Subscription Fees and purchases of Premium Game Resource (including but not limited to Awon Coins) are final and non-refundable once paid.

If You pay any amounts due with a credit card and the issuer of the credit card seeks to recover from the Company any amounts received by the Company, You will immediately remit to the Company all amounts necessary to comply with the issuer’s request and any costs and expenses incurred by the Company in connection therewith. If payment has not been received, the Company is not obligated in any way to deliver, place, or distribute, or continue with the delivery, placement, and distribution of, any advertising material on the Website and Service. If there are any existing advertising material already in place and distributed on the Website and Service, the Company reserves the right to suspend delivery, placement, and distribution of, and/or withdraw all Your advertising material from the Website and Service, as the Company deems fit, until the requirement payment has been received by the Company. Furthermore, the Company reserve all rights to suspend or terminate Your Business Membership and Business Account upon non-receipt of any required payments. The Company is not liable for any losses or any issues arising from the suspension or termination of Your business advertising material and/or Business Membership and Account due to Your non-payment of Your Business Membership Subscription or any monies owing to the Company.

You may change, or cancel or terminate the subscription at any time in accordance with the terms of this Agreement. Cancellation of business membership subscription will only have effect from expiry of the monthly period for which You have paid the Business Membership Fees. You have to cancel or terminate Your subscription before the commencement of the next month or the next period, otherwise the subscription will be automatically renewed and charged via Your chosen payment method.

2.7. Your Agreement to the Terms

By establishing a Business Account for Your business entity on the Website and using the related Services, You warrant and agree that:

You are the authorised representative of the business entity You are creating the Business Account for, and possess the legal authority to enter into this Agreement on behalf of the business entity You represent, make all the decisions and take all actions relating to the Business Account.
have read, understand, and agree to be bound by, and is responsible for compliance with, these terms and conditions.
You will create and use only one Business Account for Your business entity that is legally registered with the government of Your country of business registration, using Your authentic legally registered business identity and name, and provide accurate information about Your business entity. You may not set up a Business Account or membership on behalf of another individual, business, or entity unless You are authorised to do so. Unless You have our written express permission to create more than one account, if You create more than one Business Account, the Company is not obligated to but reserves the right to remove or edit content and/or suspend or terminate any or all of Your accounts, and/or refuse or cancel service, in our sole discretion, without any liability, refunds for any purchases made, or compensation, to You whatsoever. If You own multiple business entities, only one ‘Business Account’ is allowed for each legal business entity registered with the government of Your country of registration for the business.
You are solely responsible and liable for all activities conducted through Your Business Account, including without limitations any purchases made.
You are solely responsible for ensuring we have Your correct and updated details necessary to establish and maintain Your Business Account. If we do not have Your correct and updated details, we may not be able to contact You about Your Business Account as and when required, for example, regarding Your MAS Ad Banners.
Your business is not engaged in any of the activities prohibited by the Company; any activities concerning or involving, or facilitating, organising, inciting, advocating, or promoting pornography, nudity, sexual solicitation and exploitation, drug abuse, gambling, violence, all forms of extreme / hate speech, misinformation, financial scams, are prohibited.
You, and all Your staff representing Your business entity and participating in the Website and Service, agree to be bound by and comply with the terms and conditions stated in the ‘Terms of Service for All Users’, the Terms of Service for Business Members’ (this document), and the Awon Hub Community Guidelines.
You agree to pay the ongoing periodic business membership subscription fee, which will be deducted automatically from Your authorised credit card and/or other payment methods set out on the Website, as chosen by You, until either party cancels or terminate Your Business Member Subscription in accordance with these Terms.
You agree that we may set-off or deduct from any monies payable to You under these Terms, any amounts which are payable by You to us (whether under these Terms or otherwise)
if You are a Business Member using an advertising agency, or other third-party agency, to establish and manage Your Business Account and Business Membership, both You and the advertising / other third-party agency will be jointly and severally liable for payment of any required fees to the Company.

2.8. Changes to the Terms

From time to time, we may change, remove, add to, including without limitation, the Business Membership Subscription Fees for all Business Accounts, what is available as part of Your Business Membership, for example, removing certain inclusions, or features, and by way of Additional Terms, or otherwise modify or revise this Agreement at any time, and reserves the right to do so in our sole discretion. We may also, and reserve all rights to, change, add to, or eliminate any features of the Website and/or Services, from time to time, in our sole discretion. If there are any changes, we will provide You with 14 days’ notice of any changes via Your listed email and/or notifications posted on the Website and Services, after which the changes will be applied to Your Business Account.

If You, or any such party that You represent, do not agree with or accept any part of the changes, You may cancel Your Business Membership and terminate Your Business Account in accordance with these terms. If You wish to terminate the agreement and pull out Your advertising placements before Your existing advertising placements have run its course, there will be no refunds for any unused ad placements / services, such as Your MAS Ad Banners acquired, or the business membership fee.

Please note that Your continued use of the Website and Service in any way after any updates to the Website and Service signifies that You have read, understand and agree to be bound by, and that You are responsible for compliance with the newly updated Service and Agreement.

3. Awon Hub Afiliate Referrers and Awon Hub Mentors

You acknowledge, understand, and agree that all Awon Hub Affiliate Referrers, Awon Hub mentors, and anyone who may have referred You to the Awon Hub Website and Service, are independent contractors of Awon Hub acting on their own behalf, and are NOT employees or partners of the Company, do not represent the Company, and are NOT AUTHORISED by the Company to perform any of the following actions, and hence are, at all times, without exceptions, unable to:

negotiate or make any amendments to any terms or conditions related to the Awon Hub Website and Service which are inconsistent under this Agreement;
receive or accept cash payments or any other forms of payments on Your behalf, or the behalf of any member, for submission to Awon Hub as payment for Your Business Member Subscription, or anything in relation to the Website and the Service;
give advice, on behalf of the Awon Hub, on any matters pertaining to Your business including but not limited to advertising campaigns;
make any commitments (such as guarantees as to the placement of ads or specific outcomes of ads) beyond Awon Hub’s obligations under this Agreement.

Any Business Member who chooses to give cash payments, or payment by any other method, other than that stated on the Website, to any Awon Hub Affiliate Referrer/s and/or Awon Hub Mentor/s, or any one not authorised by the Company to receive payments, to pay on their behalf do so at their own risk. Any Business Member who accepts any advertising advice or business-related advice offered by any Awon Hub Affiliate Referrer/s and/or Awon Hub Mentor/s, or any other third party unauthorised by the Company, for free or for a payment, financial or otherwise, do so at their own risk.

You warrant that You have not solicited, received, nor accepted any advice from any Awon Hub Affiliate Referrer/s, and/or any Awon Hub Mentor/s, if any, especially in relation to the Website and Service, on any matters pertaining to Your business, including but not limited to advertising campaigns on the Website and Service. If the Awon Hub Affiliate Referrer and/or Awon Hub Mentor is also an advertising/marketing/consulting agency or from an advertising/marketing/consulting agency, Section 4 applies.

You agree that the Company is not liable for any damages, and also You agree to bear all responsibility, liabilities, and losses, that may arise from You and Your staff failing to follow the Company’s policies and procedures in Your interactions with any Awon Hub Affiliate Referrer, Awon Hub Mentor, or any third party not authorised by the Company.

3. Advertising / Marketing / Consulting / Third Party Agencies contracted and authorised by Businesses / Other Organisations / Individuals (“Advertisers”)

In the event that You are an advertising/marketing/consulting agency or other entity contracted by and representing an organisation or business entity (“Advertiser”, as defined in Section 4.1), to establish a Business Account, and/or to participate in the Awon Hub Gameplay and promote, market, and advertise on the Website and Services on behalf of an Advertiser, this Section 4 shall apply to You.

4.1 Advertiser Definition

As used herein, “Advertiser” means the individual or organisation or business entity on whose behalf You have registered as a Business Member and established a Business Account, and participating in the Awon Hub Gameplay, and advertising on the Website and Services.

4.2 Additional Representations and Warranties

You represent, warrant, and covenant that the You:

are the authorized agent of Advertiser and has the legal authority to enter into this Agreement on behalf of the Advertiser, make all decisions, and take all actions relating to the Advertiser’s accounts (these rights “Agency Rights”);
has or will enter into a written agreement with Advertiser (“Advertiser Agreement”) that
1. obtains Agency Rights;
2. binds the Advertiser to terms as protective of Awon Hub as is this Agreement and
3. to which Awon Hub is an intended third-party beneficiary with respect to Ads delivered on the Awon Hub Website and Services;
will not, without our prior written consent:
1. make any representation, guarantee, condition, or warranty concerning any Service, or that You are an authorised representative or partner of Awon Hub,
2. make any commitments (for example, guarantees as to members’ support, choice and placement of ads in members’ MAS) to an Advertiser or potential Advertiser beyond our obligations under this Agreement,
3. negotiate any terms or conditions related to the Website and Service which are inconsistent with this Agreement, or
4. engage in any tele-sales or telemarketing in connection with the Website and Service; and
5. will perform Your duties pursuant to this Agreement in a professional manner consistent with the requirements established by Awon Hub.

4.3 Disclosure to Advertiser if You/Your agency are also participating in Awon Hub Affiliate Referrer Program

If You are representing the Advertiser and are also participating in Awon Hub Affiliate Referrer Program to refer business to Awon Hub, You:

warrant and represent that the Advertiser is aware of, acknowledges, accepts, and agrees that You will also be receiving referral fees from us for any business referred to us; and
ultimately represent the Advertiser in such instance, not Awon Hub, and is responsible for ensuring that there are no conflicts of interests in such arrangements.
agree to indemnify and hold harmless Awon Hub and its directors, affiliates, investors, officers, employees, suppliers, and agents, from and against all loss, liabilities and expenses, damages and costs, including without limitation reasonable attorneys’ fees, in event of any conflicts of interests resulting directly or indirectly from Your lack of disclosure to Advertiser, or advice, or any other actions that results in Advertiser’s harm in any way.

4.4 Agency Agreement and Relationship Changes and Termination

If Your relationship with an Advertiser terminates, You agree that we may contact directly with such Advertiser to allow such Advertiser to continue their Business Account and Membership and participation on the Website and Services, and that You shall no longer have access to such Advertiser’s Business Account. You agree that it is up to such Advertiser whether they will choose and authorise another agency or representative to manage their Business Account and Membership on the Awon Hub Website and Service or if they will manage their own Busines Account and Membership through their own employees.

If You are also an Awon Hub Affiliate Referrer, or Awon Hub Mentor, You acknowledge and agree that such Advertiser may choose to work with another Awon Hub Affiliate Referrer/ Mentor for whatever reason, whether they continue to employ Your/Your agency’s services or not. In such instances, any referral fees and/or ongoing commissions payable by us to You will cease, and any such referral fees and/or ongoing commissions will be made payable to the new Awon Hub Affiliate Referrer, or Mentor that the Advertiser chooses.

In event of disputes, we will pay referral fees and commissions to Awon Hub Affiliate Referrer /Mentor whose Affiliate Link the Advertiser uses, as registered on our system.

4.5. Additional Liability

Without limiting any other provision of this Agreement, any acts or omissions by You to any Advertiser in violation of this Agreement shall be deemed a breach of this Agreement by You, and You agree to and will indemnify, defend, and hold the Company, our directors, officers, employees, partners, and all affiliates, harmless from and against all damages, liabilities, costs, and expenses that the Company may incur as the result of such violation. You acknowledge that the Company may, but shall in no event be obligated to, directly contact any Advertiser and directly enforce the terms of such Advertiser Agreement, including if the Company has not received payment for such Advertiser’s account within 30 days from the date of the applicable payment due date.

5. Participating in the Awon Hub Gameplay and advertising Your business brand, products, and services using the Awon Hub Gameplay features

Business Members may promote, market, and advertise their business brands, products, and services on the Awon Hub Website and Service through participating in the Awon Hub gameplay, including but not limited to, sustainability quests, members’ MyAdSpace (‘MAS’) program, and the Leader-boards and Game-Changer’s Crown Event and Prize Pool Contributions, and other any special events and programs that we may introduce from time to time.

5.1 Business Member’s Content Contributions on the Website and Service

As a Business Member, You may post and share information about Your business / organization, such as Your business contact details, weblinks to Your own webpages and online stores outside of the Awon Hub Website and Service, showcase Your business brands, products and services, as well as share with other Awon Hub members about Your company’s ESG (Environmental, Social and Governance) & CSR (Corporate Social Responsibility) practices, and corporate sustainability projects and activities, if any, on Your own Business Member space and other areas on the Website and Service. You and Your nominated authorised representatives may also interact with members using the interactive chat functions and other communication features on the Website and Services.

You acknowledge and agree that:

You, and the authorised representatives and employees of Your business, shall be fully responsible for any content and statements (“Business Member’s Content Contributions”), including but not limited to the copyrights, accuracy, integrity and quality of the content, posted by You and/or Your authorised business representatives and employees, on Your own profile space, and in all other areas of the Awon Hub Website and Service.
we have no control over members’ response to any Business Member’s Content Contributions posted by You or other business members, and we are in no way liable or responsible for any members’ response or behaviour towards the content You and Your business representatives and employees posted on the Website and Services, including, but not limited to, members taking and using, copying, modifying, creating derivative works from, communicating about, or distributing Your (or any) Business Member’s Content Contributions throughout the Website and Services or outside of the Website and Services, without prior notice or consent from You, or attribution, or compensation to You.
under no circumstances are we liable in any way for any Business Member’s Content Contributions posted by You, or any user, including, but not limited to, any infringing content, any errors in content, or for any loss or damage of any kind, including but without limitation, financial losses, physical, psychological, emotional or mental suffering, incurred by You or any User as a result of any content posted, transmitted, linked to, or otherwise accessible or made available via the Website and Services.
we reserve the right, but is not obligated to, monitor, review, filter, moderate, edit, and/or remove any or all content provided by users, including Yours, that we deem objectionable or inappropriate, at any time without prior notice, in our sole discretion.
we are not liable for any failure to remove, or delay in removing, any such content that You and/or other users deem offensive, indecent, false, inaccurate, hurtful, or objectionable. You may however make complaints by accessing our support service. You may also use the ‘Report’ function on the Website that we make available to all users.
the inclusion of Your business weblink/(s) on the Awon Hub Website and Service does not imply our endorsement of Your linked site/(s), or Your online stores, or Your business; and unless otherwise expressly agreed with us in writing, You agree that You will not imply otherwise in any way, to anyone, at any time. We reserve all right in our sole discretion to remove any weblinks posted by You or Your staff that we find objectionable or harmful in any way to our Website and Services at any time without any prior notice or liability to You whatsoever.

5.2 Business Member’s Business Images and Advertising Material (“Business Ads”)

If You are promoting and advertising Your business brand, products, and/or services on the Awon Hub Website and Service through Your business’ participation in the Awon Hub’s MyAdSpace (‘MAS’) program, contributing to prize pools for the Leader-boards and Game-Changer’s Crown Event, directory listings, platform notification banners, Rewards Catalogue, and/or other special events and programs that we may introduce from time to time, You/Your authorised representatives will be required to submit Your relevant business image/(s) and advertising material (“Business Ads”) to us for upload onto the Website and Service.

5.2.1. Awon Hub’s Technical Specifications

You agree to, and will, submit all applicable images and advertising material (“Business Ads”) in accordance with the technical specifications (“Technical Specifications”), advertising guidelines (“Advertising Guidelines”), and any other applicable Company policies, supplied by the Company, in a timely manner prior to the ad delivery date agreed by both parties. If Your Business Ads are not submitted in accordance with the Company’s Technical Specifications, we can reject Your Business Ads and request that You/ Your authorised representatives re-submit them.

The Company reserves the right and may amend or update the Technical Specifications and Advertising Guidelines, and all other company policies regards Business Ads from time to time. Any such amendments and updates will be posted on the Website and Service. We may also email You to notify You in advance of such updates.

If You/Your authorised representatives are unable to comply with the Company’s Technical Specifications, You may, as Your sole and exclusive remedy, either:

suspend delivery of any affected Business Ads for a reasonable time in order to send compliant Business Ads to us (in which event the end date for any campaign involving suspended Business Ads will be extended by a period equal to the period of the suspension), or
accept comparable replacement Business Ads as agreed upon by the Parties.

If You/Your authorised representatives submit Your Business Ads to us electronically, You agree that it is Your responsibility to ensure that Your Business Ads are transmitted properly to us, do not contain viruses, trojan horse, or any other kinds of destructive script code, plug-in units, applications, programs, or software or ransomware, and will bear the risk of transmission and liability of data loss. You agree that we are not responsible for any errors in Business Ads submitted electronically to us by You or Your authorised representatives, and we are not liable for any failure of telecommunication services or systems which affect our receipt of Your Business Ads or placement of Business Ads on the Website and Service.

5.2.2. Business Ads Submission Timelines, Business Ad Optimisation and Amendments

All Business Ads must be submitted to and received by the Company at least 3 days in advance before the effective start date for placement on the Website and Service.

Notwithstanding the foregoing, in the event that the Company has agreed to optimize the advertising material for any Business Ads (“Ad Optimization”) for You/Your authorised representatives, then You will submit the necessary materials to the Company at least 5 days, or as needed and requested by the Company, prior to the estimated before the effective start date for online placement on the Website and Service, for such optimization. You agree that in connection with such Ad Optimization, the Company may

rearrange Your Business Ads materials to create different versions of Business Ads, and
pause, reschedule, or cancel delivery of Business Ads that are part of an Ad Optimization at any time.

If You/Your authorised representatives want to make any changes or amendments to Your Business Ads, any such changes must be submitted to and received by the Company at least 3 days in advance of the requested change date, before Your Business Ads are uploaded onto the relevant areas in the Website and Service. The Company will not be required or obligated to accept changes and replacement to Your Business Ads more than once in any rolling 14-day period.

If Your Business Ads have already been uploaded onto the relevant areas in the Website and Service, Your amended Business Ads will be replaced accordingly as agreed between You/Your authorised representatives and the Company, where possible and as soon as is practicable, in the Company’s sole discretion. If not possible, You will be notified accordingly and alternative arrangements will be organised with You/Your authorised representatives. The Company may not able to recall and replace Business MAS Ad Banners that members have already downloaded and placed in their MAS. Any changes and amendments to Business MAS Ad Banners will only be applied to Your Business MAS Ad Banners in the Awon Hub Shop that have not yet been downloaded and placed by members in their MAS. For Your Business MAS Ad Banners that have already been downloaded and placed by members in their MAS, any amendments will only be applied in the next new ad run, after the existing downloaded MAS Ad Banners have expired and been removed from members’ MAS.

You shall not be relieved of Your payment obligations for Business Ads not delivered due to delays by You/Your authorised representatives in submission and delivery of Your Business Ads to the Company. You will be solely responsible for all fees associated with serving “rich media” Business Ads.

5.2.3. Copyright Clearances

You agree that You are the owner, creator, or authorised representative with the legal rights and ability to supply Your Business Ads content, including any copyrighted materials and any trademarks, service marks, logos, or other source of business identifiers included therein (“Trademarks”), to the Company; and that You are responsible for and has obtained appropriate copyright clearances for any commercial music or original composition, video clips, licensed stock footage, images, logos, and other material created by other content producers, used in Your Business Ads for placement and distribution on the Website and Service. You retain all rights in and to all of Your Business Ads, including all Trademarks and all other related intellectual property rights embodied therein.

5.2.4. License to Business Ads

You grant to the Company, our directors, employees, affiliates, and members a worldwide, royalty-free, non-exclusive, irrevocable license to use, modify, reproduce, place, display, and distribute Your Business Ads on the Website and Service, and You warrant that You are duly authorised to grant such license to the Company. Upon termination of this Agreement, all such rights conveyed to the Company hereunder with respect to Your Business Ads will cease and all such rights will revert to You, except as otherwise provided herein.

5.2.5. Persistence

You agree that any content submitted by You and Your authorised representatives to the Website and Service can be used in perpetuity on the Website and Service unless You have submitted a request to remove Your content from the Website and Service to the Company in writing. You acknowledge and agree that the Company can only remove Your content from our own website and cannot remove Your content from websites or servers not under our control, or email archives, or other users’ computers. You also acknowledge that Business Ads and other Trademarks that are used or displayed on the Website and Service may have been incorporated into user profiles, news feeds, or other features, and that such usage and display may continue indefinitely.

5.3. Business Ads Placement on the Website and Service

Business Members’ Business Ads may be placed on the Website and Service by:

the Company in specific designated areas in the Website and Service, and
members in their acquired ‘MyAdSpace’ (MAS) areas within the Website and Service.

5.3.1 Business Ads Placement by the Company in specific designated areas in the Website and Service

You agree that the Company may determine, in its sole discretion, the placement, positioning, size, or any other aspects of the presentation of any of Your Business Ads on the awonhub.com Website and Service, including but not limited to directory listings, the Awon Hub Shop, notification banners, Leader-boards, reward catalogues, newsletters, and emails to users. Even if Your Business Ads have been placed, You agree that the Company may, in its sole discretion, make changes to the placement, size, positioning, and any other aspects of the presentation of any of Your Business Ads where it deems necessary and fit to do so.

You acknowledge and agree that the Company may not be able to place Your Business Ads in areas on the Website and Service that You desire and request for and the Company cannot guarantee that Your Business Ads will be placed in areas within the Website and Service that You desire or request for. You further agree that the Company will not be liable for any costs, expenses, losses, or damages suffered or incurred by You arising from the Company’s failure to place Your Business Ads in accordance with any specific request/(s) made by You/Your authorised representatives.

5.3.2. Business Ads Placement by members in their acquired ‘MyAdSpace’ (MAS) activated ad spots within the Website and Service

Members on the awonhub.com Website and Service participating in the Awon Hub’s MyAdSpace (“MAS”) program may acquire and download Your Business Ads and place them in their MAS activated ad spots for a specified period of time (“MAS Ad Run”), currently 1 week each Member’s MAS Ad Run (which may be amended from time to time).

5.3.2.1. License to Distribute Your Business MAS Ad Banners

You grant to Awon Hub and to all participating members on the Website and Service a worldwide, royalty-free, non-exclusive, irrevocable license to place and distribute Your Business Ads on their MAS within the Website and Service. You warrant that You are duly authorised to grant such license the Company and all participating members on the Website and Service.

5.3.2.2. Your Obligations regardless of whether members choose to acquire and place Your MAS Ad Banners in their MAS or not.

All Business MAS Ad Banners, once uploaded onto the Awon Hub Shop in the Website and Service, will expire 1 month from the date they are uploaded onto the Awon Hub Shop, whether the MAS Ad Banners are acquired, downloaded, and placed in members’ MAS by participating members during each MAS Ad Run. Once we have delivered Your MAS Ad Banners onto the Awon Hub Shop for members to acquire and download, we are not liable to You whatsoever in any other way.

You acknowledge and agree that it is up to all participating members to decide whether they will choose to check out, acquire, download, and place Your Business MAS Ad Banners in their MAS (or not), and the frequency of such actions, and the Company has no control over any such choices made by participating members, and will not be held liable for any members’ choices. You are not entitled to any refunds for any Business Ads, specifically MAS Ad Banners that You/Your authorised representatives have acquired and that have expired, without any member acquiring, downloading, and placing Your Business MAS Ad Banners in their MAS.

5.3.2.3. Members’ Use of Your Business MAS Ad Banners

You acknowledge and agree that the Company has provided appropriate policies and guidelines to all members participating in the MAS program about using and treating all Business Members’ Business Ads with respect. You further acknowledge and agree that not all members may follow the Company’s policies and guidelines in how they treat and use Your Business Ads, and may unintentionally or intentionally misuse and/or abuse Your Business Ads, and it may not be possible for the Company to monitor in real time what members do on the Website and Service, or control the behaviour of members, what members choose to do within as well as outside the Website and Service. You agree to actively monitor the use of Your Business Ads by participating members who have downloaded Your Business Ads for placement in their MAS wherever possible and to report any misuse or abuse by any participating members to the Company. The Company reserves the right, but is not obligated to, take appropriate action, which may be to take down the ad banners on the offending members’ MAS, forfeit any rewards they may earn for participating in the MAS Program, and/or serve a warning, and/or suspend and/or ban the accounts of such offending members, as appropriate, in the Company’s sole discretion. You agree that the Company is not responsible or liable for any damages whatsoever that may arise from the use (or misuse) of Your Business Ads by members within the Website and Service and also outside the Website and Service during and after the term of this Agreement.

5.4. Business Member’s Contributions to the Leader-boards and Game-Changer’s Crown Event Prize Pools

Business Members may choose to acquire ‘Member Prize Pool Contribution Packs’ (“M-PPCP”) and/or ‘Business Member Prize Pool Contribution Packs’ (“BM-PPCP”), which include specified quantities of Business Member’s own business Gift Vouchers (“Business Gift Vouchers”) and specified quantities of Awon Coins, depending on the BM-PPCP/(s) selected and acquired, to contribute to the prize pools of the various Leader-boards for the Game-Changer’s Crown (GCC) Event.

If You choose to participate in, purchase and contribute BM-PPCP/(s) to Your selected Prize Pools, You agree and commit to the following:

You agree to sponsor and contribute the specified quantities and dollar values of Business Gift Vouchers as stated in Your selected BM-PPCP/(s) to Your selected prize pools, and the Business Gift Vouchers You sponsored and contributed may be exchanged for products and/or services offered by Your business / organisation of equivalent value;
You agree that members who choose to acquire Your contributed Business Gift Vouchers during the specified redemption time after the GCC Event may exchange those Business Gift Vouchers for products and/or services of equivalent value at Your chosen business locations, either online and/or in Your physical ‘real-world’ stores;
You understand and acknowledge that the Company has no control over whether members choose to support Your business and acquire Your contributed Business Gift Vouchers, or who acquires Your contributed Business Gift Vouchers during redemption time. You agree that the Company and all of Awon Hub’s directors, partners, staff, suppliers, independent contractors, and affiliate referrers, are not responsible or liable in any way for any and all of the choices made by members, or for any losses and damages that may arise from members’ choices and that You may incur from Your participation in the GCC Event or any gameplay or programs on the Website and Service;
You agree that the validity of Your Business Gift Vouchers will be a minimum of 1 year from the date of redemption after the GCC Event. All redemptions will only be allowed and open after the GCC Event is over, and all prizes and rewards in the Prize Pools have been distributed to winners and qualifying members. The date of redemption will be announced within the Website and Service; the Company reserves all rights to set and/or change the date of redemption of rewards and prizes as required, in its sole discretion.
Once your payment has been received, the items in Your purchased M-PPCP/(s) and/or BM-PPCP/(s) will be automatically uploaded into Your chosen Prize Pool/(s), and Your chosen business profile name and contribution listed on the relevant contributions directory listing/(s). There will be no refunds for any M-PPCP or BM-PPCP purchased and contributed to any Prize Pools. You agree that once we have delivered Your purchased BM-PPCP/(s) into Your chosen Prize Pool/(s) and listed Your contribution/(s) to the relevant BM-PPCP directory listing/(s), we are not liable to You whatsoever in any other way, whether for the refund of payment You’ve made for the purchase and contribution to Your selected Prize Pools, or who redeems Your contribution during redemption time.
You agree that You/Your authorised representatives will deliver to the Company whatever necessary information we require from you about your Business Gift Vouchers, such as Gift Voucher Codes / Serial Identification Numbers (SIN), and whether multiple vouchers can be combined for use in a single purchase by members, etc., within five (5) working days upon Your
purchase of the BM-PPCP/(s), so that those information may be communicated to members and published in the Rewards Catalogue for the GCC Event.
The fulfilment and delivery of Your business product/(s) and/or service/(s) exchanged by members using Your contributed Business Gift Vouchers will be Your sole responsibility.
Any taxes, liabilities, and duties incurred by You arising from Your participating in the GCC and Leader-boards Prize Pools program, and in the Website and Service are Your sole responsibility.
You are solely responsible for resolving any disputes and/or complaints regarding the exchange of Your Business Gift Vouchers to Your product/(s) and service/(s), as well as for any negligence, breach of contract or otherwise, whether express or implied by statute, and all conditions and warranties as to the condition, suitability, quality, fitness or safety of any goods and services supplied by You, as well as any costs of re-supplying the goods or services or repairing, or paying the costs of repairing the goods. If we receive any feedback or complaints from any members regards such matters pertaining to the redemption and exchange of Your Business Gift Vouchers and/or Your products and services, we will forward those complaints and feedback to You for You/Your authorised representatives to make contact with and resolve the matter with those members. You agree that we are not responsible nor liable to You in any way for any complaints regarding Your business, Your products, and/or Your services, made by any member to other members, whether online on the Awon Hub Website and Service or on other sites, or offline in the real world, and we are not liable for any and all resulting damages, whether financial and/or reputational.
We reserve all rights, in our sole discretion, at any time and without limitations, to set, modify, revise, and update the exchange rates for redemption of prizes and rewards in the GCC and Leader-boards Prize Pools, as well as the exchange rates of game currency to any Business Gift Vouchers contributed by Business Members.
We reserve all rights, without limitations, at all times, in our sole discretion, to make any changes we deem fit to the M-PPCPs, BM-PPCPs, the Leader-boards and GCC Event and Prize Pools Program.

5.5 Business TIPIT Groups and TIPIT Quests

When You achieve the required Leaf Rank on the Website and Service, You may acquire the privilege and ability to create Your own Business TIPIT Groups and create Your own Business TIPIT Group sustainability quests and invite others, such as Your co-workers and/or customers, to join You in doing Your sustainability quests. You may also acquire access to certain system features and privileges, such as appointing Your own sub-group leaders, co-organisers, and moderators to assist You to manage Your Business TIPIT Groups and sustainability quests, demoting appointed sub-leaders, and removing or banning certain individuals from joining Your groups or quests.

If You choose to participate and become a Business TIPIT Group leader, You acknowledge, agree, and warrant that:

it is Your responsibility to ensure that Your chosen sub-leaders, co-organisers, and moderators understand and abide by the Awon Hub’s Community Guidelines as well as any guidelines You set for Your group/s and group quests; and that
You are ultimately responsible and liable for any misuse and abuse of the features and privileges by the sub-leaders You appoint, and You are solely liable for any damages, whether financial, reputational, emotional or mental, that may arise from such situations, and/or if You lose control of Your Business TIPIT Group/s to Your appointed sub-leaders.
In event of loss of control of Your Business TIPIT Group/s, You may contact the Company’s administrators to assist You to manually reinstate You as a Group Leader of Your Business TIPIT Group/s via our backend systems. You acknowledge and agree that the Company’s administrators may, but are not obliged to, in their sole discretion, accede to Your request for such assistance, and such requests will be reviewed on a case-by-case basis, and is subject to existing system capabilities, among other considerations. You agree to abide by the decision of the Company’s administrators and not hold the Company and any staff responsible or liable in any way for any damages (such as mental and emotional distress and/or financial losses) that may arise from any decision and action taken.
The Company reserve the right to remove any leader who has been inactive for one hundred and eighty (180) days from their leadership role and TIPIT Group/s, and/or whose account has been deleted and removed by us for whatever reason, and appoint the next highest-ranking member of that TIPIT Group/s as leader, without any liability whatsoever to the removed leaders. No request for manual reinstatement as leader who has been removed by the Company under such circumstances will be entertained by the Company.

5.6 Leaf Rank Ascension and Acquiring Game Resource

You/Your authorised representatives may earn Free Game Resources for Your Business Account by doing the daily sustainability quests. There may be additional Game Resources that You can buy with real world currency, including but not limited to in-game currency and other virtual goods (collectively, “Premium Game Resource”).

If and when You purchase Premium Game Resource, You represent, warrant, and agree that:

You are an authorised user of any payment specified by You and You authorise us to charge such payment method for the full amount of the purchase transaction;
Your purchase of all Premium Game Resource is final and not refundable, not exchangeable, not transferable, and not eligible for any other alternate remedy for any ‘real world’ currency, goods, or services, unless otherwise determined in writing by the Company, in the Company’s sole discretion.
Once we have delivered the Premium Game Resource into Your account, whether You use the Premium Game Resource that You have purchased or not, the Company shall not be liable to You in any manner, whether for refund of the payment You’ve made for the purchase of the Premium Game Resource or otherwise.
The Game Resource You access (and all underlying intellectual property) are properties of the Company’s, and what You obtain, whether purchased or otherwise, is merely a personal, non-exclusive, non-transferable, non-sublicensable, limited right and limited license to access such Game Resources in the Website and Service in accordance with this Agreement, only for use within the awonhub.com Website and Service, and for no other purpose. Unless expressly permitted by the Company in writing, You may not trade any such Virtual Goods, Game Currency, or MAS and MAS PAKS with others. We may cancel, revoke, or otherwise prevent the use of Virtual Goods, Game Currency, or MAS and MAS PAKs, if we suspect any unauthorised or fraudulent activity, and/or to correct any erroneous application of any Virtual Goods and Game Currency to Your account.
You will not acquire any Free or Premium Game Resource by using any hacks or cheat codes or exploiting any bugs in the Service, on the Website, and/or within our Service and systems, or purchase, sell, or exchange any Game Resource (including but not limited to virtual goods and in-game currency) outside the Service or through any informal channels which are not authorised or provided directly by us;
You won’t assert or bring any claim against the Company, our directors, affiliates, officers, employees, agents, or licensors, relating to You having a proprietary interest in any game currency or virtual goods; or for an alleged monetary value of game currency or virtual goods lost upon deletion or suspension of Your account, adjustments to the Website and Service, or any action that result in the value of virtual goods or game currency changing, or modification, termination, or expiration of this Agreement.

5.7 Failure to Deliver and Remedies

In event of any error in the delivery of Business Ads, You will notify us and specify what the errors and required amendments are. We will endeavour to correct any errors as soon as is practically possible, subject to technical limitations and these Terms of Service.

In the event we fail to deliver any virtual goods or in-game currency in accordance with the terms of this Agreement, Your sole and exclusive remedy shall be limited to the following, which we may choose in our sole discretion:

Refund of the charges representing the virtual goods or in-game currency that were undelivered or delivered incorrectly;
Placement of Your Business Ads in the relevant areas at a later time in a comparable manner as determined by the Company, with an extension of the expiry dates of the Business Ads if applicable; and/or
Offer a discount on some of the products and/or services offered by the Company.

We will not be required to remedy under-deliveries due to delays caused by the You/Your authorised representatives. We will not be liable for any costs, expenses, losses, or damages suffered or incurred by You arising from the Company’s failure to place Your Business Ads in accordance with Your request.

6. Awon Hub’s Ownership and Control of Service

6.1 Ownership and Reservation of Rights

Awon Hub is the exclusive owner or valid licensee of any and all Intellectual Property Rights pertaining to the software codes, all graphic design, icons, badges, gameplay features, and all other elements incorporated in the Website and Service. The Company retains all ownership, rights, titles, interest in and to its trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, and operation of its Website and Service. Nothing herein shall be construed as granting You any property rights, by license or otherwise, to any copyright, trademark, patent, invention, confidential information, or other intellectual property of Awon Hub, except as specifically provided for in this Agreement. You shall not, and agree to not make, or have made, use, or sell any product or service or other item using, incorporating, or derived from any of Awon Hub’s intellectual property or Confidential Information except as provided in this Agreement. You agree that You will not use, reproduce or display any of our Company’s Logos, Badges, Trademarks, and all other intellectual property regarding and in connection with the Website and Service, in any manner without the Company’s prior written consent. This Section 6.1 remains in full force and effect after termination of the Agreement by either party, and Your obligations will continue.

6.2 Service Design

Awon Hub is, and will at all times be, the “executive creator and producer” of the awonhub.com Website and Service, responsible for the design, layout, gameplay and quests features, badges, and all features of the Website and Service, including the display of any Business Ads. The Company is responsible for the maintenance of any and all aspects of the Website and Service, including the display of Business Ads, and may, in its sole discretion, redesign, delete or replace any pages, groups, or other areas on which Business Ads will be displayed, even if such redesign, deletion or replacement results in the removal of Your Business Ads. If Your Business Ads are removed or not able to be served in connection with such change to the Website and Service, as Your sole and exclusive remedy, the Company will provide You with Business Ads that are comparable in prominence to the affected Business Ads.

6.3. Official Service

We have designed the Website and Service for use only as offered by us. You agree to use the Website and Service only as offered by us and not through any other means not approved by us. You further agree not to create or provide any other means through which the Website and Service may be used or accessed by others. You shall not attempt to gain unauthorised access to the Website and Service, Members’ Accounts, computers, servers, or networks connected to the Website and Service, including without limitation by circumventing, manipulating, or modifying any technological or security measures, devices, or software. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

6.4. Right to Reject / Remove Client Ads

The Company reserves the right to, at its absolute discretion, at any time, and without giving any reason, reject or block and/or refuse to place or remove any or all of Your Business Ads that:

violates this Agreement, the content restrictions, or any other provision of the Company’s Advertising Guidelines or the Company’s Technical Specifications, or
the Company deems inappropriate for any reason, whether or not such Business Ads were previously accepted.

In such event, the Company will notify You of the reasons for such removal or rejection, and You will promptly re-submit Business Ads that address the issues specified by the Company. If You refuse to re-submit Your Business Ads addressing the issues specified, there will be no refunds given for any payments already made, and the Company will not be liable for any delays in delivery and uploading of Your Business Ads due to Your delays or refusal to address the required issues. In the event where the Company, at its sole discretion, decides to give You a refund on an ex-gratia basis, the refund will be in in-game currency of what the Company deems to be of equivalent value.

Even if a contractual agreement has been formed between You and the Company, the Company reserves the right to refuse or withdraw Your Business Ads from the Website and Service at any time, without giving reasons, even if the Company has previously placed the Business Ads.

6.5. No exclusion of Competition is possible

6.6. Beta Testing

You understand and acknowledge that You are participating in a Beta Test. The Company reserve all rights to amend any features, any part of the Website and Service during the Beta Test, and to discontinue and terminate the Website and Service Beta Test at any time, in our sole discretion. Termination of a Beta by the Company and Your participation in a Beta test does not entitle You to any compensation or any free Service, including any Game Resources, MAS Ad banners or MAS PAKs, and Game Currency.

6.7 Publicity

You agree that, during and after the term of this Agreement, the Company may use Your Business Ads, name, and logo/s, and may reference the type of advertising and effective start and end dates for the advertising campaign / package delivered on Your behalf, as well as use performance data to discuss the results related to any Ad Campaign / optimization, in a factual and non-disparaging manner, for the Company’s marketing and promotional purposes. The Company may also reference any information publicly available about the You on or off the Website and Service.

7. Confidentiality

7.1. Confidential Information

7.1.1 Definition

“Confidential Information” is defined as information disclosed by one party (“Discloser”) (whether in writing, verbally, or otherwise, and whether of a business, technical, or other nature) to the other party (“Recipient”) that:

has been marked as confidential or proprietary in nature, or that,
given the nature of the information and/or the circumstances surrounding its disclosure, should reasonably be considered confidential, or
is identified as “confidential” or “proprietary” at the time of such disclosure.

Without limiting the foregoing, Confidential Information of the Awon Hub shall include all the CompanyTechnical Specifications, business and pricing information, information relating to Deliverables, business processes, inventions, methodologies, and any other information relating to the Company’s Website and Service, and products and services.

7.1.2 Exceptions

Notwithstanding the foregoing, Confidential Information will not include information that the Recipient can demonstrate:

is now or thereafter becomes generally known or available to the public, through no act or breach by or omission on the part of the Recipient;
was known by the Recipient prior to receiving such information from the Discloser and without restriction as to use or disclosure;
is rightfully acquired by the Recipient from a third Party who has the right to disclose it under the circumstances and who provides it without restriction as to use or disclosure;
is independently developed by the Recipient without access or reference to any Confidential Information of the Discloser.
Recipient will be permitted to disclose Confidential Information to the extent required by applicable law, regulation or legal process, provided that it provides prompt written notice to Discloser of any such disclosure and provides reasonable cooperation to the Discloser in connection with any attempt to contest or limit such disclosure.

7.1.3 Non-Disclosure of Confidential Information

During the course of this Agreement, it may be necessary for the Company to share with You the Company’s proprietary information, including trade secrets, industry knowledge, marketing and promotional material, business plans, operational processes and methodology, and other Confidential Information. You agree to:

Take all commercially reasonable action and security measures necessary, at least equal to that which You use to protect Your own proprietary information, to prevent the unauthorised use, duplication, or distribution of Your own Confidential Information, to protect and not disclose Awon Hub’s Confidential Information to any third party (other than You employees, agents, or contractors who have a need to know, but solely to the extent necessary for them to fulfil their obligations under this Agreement, and who have agreed in writing to obligations as protective of Confidential Information as set forth therein; and
Not use or accumulate such Confidential Information for any purpose other than performance of this Agreement, without the Company’s prior written consent

7.2 You agree and acknowledges that any breach of this Section 7 will cause irreparable harm to Awon Hub for which monetary damages will be inadequate. Accordingly, the Company will be entitled to seek and, if granted, obtain and enforce injunctive or other equitable relief (in addition to any other remedies available to it) to remedy any threatened or actual breach of Section 7 by You without the necessity of posting any bond or proving any harm or damages. In addition, You agree promptly to advise the Company in writing of any unauthorized misappropriation, disclosure, or use by any person of the Confidential Information which may come to Your attention and to take all steps at Your own expense reasonably requested by the Company to limit, stop or otherwise remedy such misappropriation, disclosure or use.

7.3 This Section 7 remains in full force and effect after termination of the Agreement by either parties, and Your obligations under this Section 7 as to any Confidential Information will continue. Upon the Company’s request at any time after Your receipt of the Company’s Confidential Information, and/or at termination of Agreement, You will return, or, at the Company’s option, destroy, and certify destruction of, all Confidential Information (including any summaries or analyses thereof) in Your possession.

7.4 Feedback

You may, from time to time, provide suggestions, ideas, or other feedback, regarding the Service (including as to improvements or modifications thereto). Except as otherwise agreed by the Company in signed writing, both parties agree that such suggestions, ideas, or other feedback provided by You are not regarded as Confidential Information by You, and the Company will be entitled to use, implement, disclose, and otherwise use such feedback in any manner, without restriction or duty to account.

7.5 Public Disclosures

Except as permitted by Section 6.7 and Section 7.1, both parties will not issue any press releases or make any public statements or communications regarding this Agreement or the relationship of the parties without the other party’s prior written consent.

8. Representations and Warranties and Indemnification

8.1 Representations and Warranties

You represent and warrant to the Company that:

You are duly organized, validly existing, and in good standing under the laws of the jurisdiction in which You were, and remain, organized;
You hold all the rights, full power, and authority required to enter into this Agreement, and for the execution and delivery of this Agreement, and the performance of the transactions contemplated hereby are within Your corporate powers, and have been duly authorized by all necessary corporate action; and
Your performance of this Agreement, and exercise of Your rights under this Agreement, will not result in a violation of any agreement or other obligation by which You are bound;
during the term of this Agreement, You will not enter into any contract, agreement, or understanding which is in conflict or which would interfere with the full and complete performance of this Agreement;
Your Business Ads and Your Products and/or Services promoted on the Website and Service shall not contain any material which violates the Company Guidelines or that is otherwise unlawful, defamatory or obscene, or which infringes or violates any third-party rights (including any intellectual property rights, obligations of confidentiality, or privacy, or publicity or proprietary rights) or which may encourage a criminal offense or otherwise give rise to civil liability or claims against the Company, its directors, officers, affiliates, employees, or agents; and
You will comply with all applicable laws and regulations in Your performance of this Agreement, including all applicable privacy and data protection laws, and laws and regulations related to Promotions and/or Offers.

8.2 Indemnification

By submitting advertising material for placement and distribution on the Website and Service by the Company, You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, suppliers, affiliates, or agents (collectively, the “Indemnified Parties”), from and against any and all claims, demands, proceedings, liabilities and expenses, damages and losses of any kind (including, without limitation, reasonable legal fees and costs), incurred by any of the Indemnified Parties, arising out of or in connection, wholly or partially, directly or indirectly, from:

any actual or alleged breach of Your representations or warranties under Sections 8.1, and 4.2 and 4.3 (as applicable); and/or from Your breach of this Agreement, and any negligent or unlawful act or omission by You in connection with Your Business Ads and Your advertising material.
any Business Ad or other materials provided by You or any material to which users can link, or any products or services made available to users, through Your Business Ads.
any Promotion, Offer, or Product including any claims for any delivery of, non-delivery of, defects in, use of or inability to use any Products or Promotion prizes, any violation by the Offer, Product, or Promotion of any applicable law, rule or regulation;
any use or misuse of Members’ Contact Information, provided to You for the delivery of Your sponsored Business Gift Vouchers and fulfilment of Your products and services to members who redeemed for Your sponsored Business Gift Vouchers, in violation of this Agreement.

The Company will notify You promptly of any Third-Party Claim for which we seek indemnification. The Company may, but is not obligated to, permit You to control the defence of such Third-Party Claim with counsel chosen by You, provided, that You will not enter into any settlement that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing on the part of any Indemnified Party without the Company’s prior written consent. Furthermore, the Company is released from the costs of any legal defence that may be necessary. You agree to support the Company in good faith with information and documents for legal defence against third party claims.

9. Disclaimer of Warranties

You acknowledge and agree that:

The Company provides the Website and Services on an “As-Is” and “As Available” basis, and makes no representations or warranties of any kind concerning the Website and Service, expressed or implied, statutory or otherwise. To the fullest extent permitted by applicable laws, the Company and its directors, officers, managers, employees, affiliates, agents, (‘The Parties’), hereby disclaims and negates all warranties of any kind, conditions, common law duties and representations, either express or implied, oral or written including but not limited to, warranties of title, warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement or implied warranties arising out of course of dealing, course of performance or usage of trade, non-infringement of intellectual property or other violation of rights, regardless of in the aspect of tort, contract, or otherwise, and regardless of whether the Company has been advised of the possibility of such liabilities.
The Company makes no warranties about the accuracy or completeness of the Website and Service. The Company does not warrant that the information, content, software, functions, or products, and services, contained on or available through the Website or Services will be uninterrupted or error-free, that defects will be corrected, or that the company’s servers are free of viruses or other harmful components, or that its delivery of Your Business Ads will be uninterrupted, or continuous, or error-free.
Any ad optimization will be ‘as is’ and the Company makes no representation that the ad optimisation will improve Your ad campaign in any way.
Without limiting the foregoing, the Company shall have no liability for fraud or other improper actions or other technological issues caused by users on the Website and Service that may affect the cost of advertising.

10. Limitation of Liability

To the maximum extent permitted by applicable law, except to the extent arising out of a breach of confidentiality, Awon Hub will not, in any circumstances, be liable for loss of profits, loss of revenue, or loss of business opportunity, or other consequential, special, indirect or incidental damages, whether arising in contract, tort, including negligence, warranty, strict liability or otherwise; or from the termination of the beta test, or Your participation in any of the programs on the Website and Service, such as the MAS (‘MyAdSpace’) Program, and activities on the Service, such as TIPIT Groups, use of Game Resources and MAS PAKs, and quests participation, even if it has been advised of the possibility of such damages.

You agree and acknowledge that we have no control over members’ choices and behaviour, and therefore are not responsible or liable in any way, for the choices made by members, such as choosing or not choosing to acquire and display Client’s MAS ad banners, or content posting made by members in relation to Your brand/(s), product/(s), and/or service offering/(s).

In no event will Awon Hub’s total aggregate liability to You arising out of or relating to this Agreement exceed the amount paid by You to the Company during the twelve months immediately preceding the day the act or omission occurred that gave rise to Your claim.

This section shall survive any termination or expiration of this Agreement.

11. Termination of Agreement

Either party may terminate this Agreement at any time for whatever reason, or if the other party materially breaches this Agreement, upon 10 days written notice to the other party.

The Company may suspend the delivery of all Business Ads immediately upon written notice to You in event of Your failure to make any payments hereunder when due, and if the Company elects to suspend delivery of any Business Ads, upon re-commencement of delivery after receipt of payment, where applicable, the end date specified in the applicable Business Ads will be extended by a number of days equal to the period of suspension.

The following Terms and Conditions, together with any accrued but unpaid payment obligations of either party, will survive any expiration or termination of this Agreement: Sections 4.3.3; 4.4; 4.5; 5.2.5; 5.3.2.3; 5.4.1; 5.4.2; 5.4.4; 5.4.7; 5.4.8; 5.4.9; 5.6.6; 5.7; 6.1; 6.7; 7; 8.2; 9; 10, 12; and 14.1, 14.4, and 14.5.

12. Force Majeure

The Company, its directors, officers, employees, affiliates, agents, and suppliers, will not be liable for any delay or failure to carry out or observe any of the conditions of the Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to war (whether declared or not), inability to obtain required resources, fire, storm, flood, earthquakes, or other sever action or the elements, accidents, pandemics and lockdowns, governmental or legal restraint, or interruptions for which third parties are responsible (e.g., other providers), telecommunications line failures, electrical outages, network failures, or industrial disputes, (collectively, “Force Majeure”).

Excluding payment obligations, if performance is delayed by more than 30 days as a result of any Force Majeure, You may terminate this Agreement by written notice delivered at any time prior to the Company’s resumption of performance of this Agreement.

13. Privacy

The Company may collect Your information to provide the advertising services and for invoicing purposes. We may disclose this information to our related bodies corporate, to third party payment gateways, credit reporting agencies, and other third parties as part of our provision of the advertising services and for overdue accounts, to debt collection agencies to recover amounts owing.

14. General

14.1 Governing Law & Jurisdiction

The laws of the State of Victoria, Australia, will govern any dispute related to this Agreement. For all such disputes, You agree to submit to the exclusive jurisdiction of the state and federal courts located in State of Victoria, Australia.

14.2. Severability

If any term or part of the terms of this this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that invalid or unenforceable provision is to be construed and superseded by such a valid, enforceable provision that most closely matches the intent, and most closely approximates the economic purpose, of the invalid provision; and if there are none, the provision will be severed from the Agreement. The rest of the Agreement will not be affected and will remain in full force and effect.

14.3. No Waiver. The failure by either party to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of such party to enforce such provision thereafter. Except for Section 14.4 and 14.5 below, neither party will be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by a duly authorised representative of the party under which such waiver is asserted.

14.4. Waiver of Jury Trial. Both parties agree to waive any right to trial by jury in any court with respect to any contractual, tortious, or statutory claim, counterclaim, or cross claim against the other origins out of or connected in any way to this Agreement because both parties agree and acknowledge that the complex commercial and professional aspects of their dealings with one another make a jury determination neither desirable nor appropriate.

14.5. Class Action Waiver. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. Both parties agree that a party may bring claims against the other only in each individual capacity, and not as a plaintiff or class member in any putative class, collective, and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

14.6. Non-assignment.

You may not assign, charge, sub-contract, or otherwise transfer (including by any reorganization, change of control, merger, acquisition or sale or transfer of all or part of its assets or business) Your rights or obligations under this Agreement including any Business Ads without the express prior written consent of the Company, and in no event shall the Company be obligated to serve or deliver Business Ads for any third party. If the restrictions on transfer are not enforceable under the law of Your country of residence, then this Agreement will be binding on Your permitted respective successors and assigns. Notwithstanding the foregoing, the Company may freely assign, charge, or sub-contract, or otherwise transfer all or any of its rights and obligations under this Agreement, in whole or in part.

14.7. Independent Contractors

You and Awon Hub are independent contractors, and nothing in this Agreement is intended to or does create any type of joint venture, partnership, or employer/employee relationship between You and the Company or its affiliates.

14.8. Notices

The Company will provide all notices and other communications to You by the email address You provide, or by mail to the physical address You provide. Except as otherwise expressly stated, notices will be effective when sent. The Company has the right to rely upon the last email address and/or physical address provided by You, and any correctly addressed notice or notice confirmation sent to You that is refused, unclaimed, or undeliverable because of an act or omission by You will be deemed effective as of the date such notice or notice confirmation was sent.

Except as otherwise expressly provided herein, all notices, approvals, consents and other communications by You will be invalid unless made in writing and given to the Company by mail and email to the Company’s email address. If You have a legal dispute with the Company or if You wish to provide a notice under the Indemnification Section of this Agreement, or if You become subject to insolvency or other similar legal proceedings, You will promptly send written notice to the Company.

14.9. Whenever used in this Agreement, unless otherwise specified, the terms “include”, “includes”, and “including”, shall be construed as to mean include without limitation, includes without limitation, and including without limitation, respectively.

14.10. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

14.11. Counterparts.

This Agreement may be executed in counterparts (including any agreements, policies, and other documents incorporated by reference herein), each of which will be deemed an original, but all of which together constitute one and the same instrument, and constitutes the entire agreement between You and the Company regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, discussions, understanding, agreement, or communication between You and the Company, whether written or oral, including all terms and conditions on the Company’s advertising rates or other published materials regarding such subject matter.

14.12. The Company reserves all rights not expressly granted herein.

14.13. The Website and Service is operated by Awon Hub Pty Ltd from its office in Australia. Notwithstanding the foregoing, the Service and website may contain or provide links to Content hosted on websites located outside of Australia. The Company makes no representations that the Website or Service are appropriate or available for use in Your location.

14.14. Contact. If You have any questions about this Agreement, or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance through email at admin@awonhub.com.