VISITORS CONNECT Terms of ServiceEffective: March 2025IMPORTANT, READ CAREFULLY: Your use of, and access to the website, products, services and associated software licenced through and in conjunction with Payment Solutions Australia Pty Ltd “PSA” is conditioned upon your acceptance of these terms.By agreeing to these terms, accessing the Visitors Connect.com.au “Visitors Connect” website, or by utilising the Visitors Connect ”Service” via any platform made available, you agree to be bound by these terms of Service to enact a Video Call “Video Visit” or message services.System Requirements:Use of the Service requires one or more compatible devices, Internet access (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access. Your ability to access and use the Service may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.1. USE OF SERVICES AND YOUR RESPONSIBILITIES1.1 The terms and conditions of use are between you “Visitor”, Visitors Connect and the correctional/detention facility “Facility”. The Visitor communications platform made available via Visitors Connect, mobile application and/or any other platforms that may be offered as a Service now and into the future. “Justice Department “pertains to the overarching controlling body where the Facility resides. In the country of Australia this is set at a “State” level jurisdiction.
1.2 To access Visitors Connect, the Visitor will be required to register their details on the Visitors Connect website, have a current version of Chrome installed on their PC, or Mobile device and review and accept these terms and conditions prior to use. Once the Visitor has made an account, use of the Visitors Connect Software and Service will be subject to this agreement with the Facility. 1.3 The Facility will have the sole discretion to approve, suspend or cancel user accounts, or allow you access to the Software and Service. By accepting these terms and conditions you agree that you are currently able to become an authorised Visitor of the Visitors Connect platform. If you do not agree to the terms and conditions, or are unable to become an authorised Visitor, then you should not download or use the Software.1.4 You agree that you, the Visitor, will not use and will not permit to use the Service to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Service; (ii) knowingly or negligently use the Service in a way that abuses, and/or interferes with, or disrupts the Visitors Connect platform, Your accounts, or the Service; (iii) engage in activity that is illegal, fraudulent, false or misleading; (iv) transmit through the Service any material that may infringe the Acceptable Use Policy outlined within this document; (v) use this service to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, or would violate the intellectual property rights of any party.1.5 We are not required to provide updates, or new releases of the Service at any time however for the avoidance of doubt, the provision of upgrades or new releases may be subject to the granting of a new agreement.1.6 The Facility, PSA or the Justice Department may monitor, record, or screen any communication, or data. By using the Service, you are giving Visitors Connect, the Facility and PSA consent to store recordings for any, or all Visitors Connect meetings you join as a Visitor or messages you send and receive on this service. If you do not consent to being recorded, you can choose to leave the meeting. 2. FEES, CHARGES, CANCELLATION AND TERMINATION2.1 Visitors Connect charges a fee for use of the Service. This is a fee to permit you to take part in a video call with a prisoner as authorised by the Facility and Visitors Connect or send and receive messages with an approved contact at the facility.2.2 Fees are paid per minute per video call and per message type,(a) Messages and communications Pack’s $10.00 to $50.00 the available qty of each message type will be shown at time of purchase and time of use.(b) Cost per minute from the time the inmate enters the call $0.50(c) Administration Fee (process a refund, including closing your account, service cancellation or termination of this agreement.) $5.00(d) Refunds or cancellations can be requested by contacting visitorsconnect@netcard.com.au (e) Any approved refunds will be processed back to the original card used for the transaction or an alternate agreed process should that card no longer be current. (f) If you cancel or close your account a refund will be processed less the administration fee(g) If your account is terminated for any reason a refund will be processed less the administration fee.(h) Accounts with $5.00 or less will be closed after 12 months of inactivity and incur the $5.00 administration fee or part thereof. $0 to $5.00(i) Other fees may include card processing surcharge fees 10cents + 1% (j) All fees include GST
2.3 Video call duration is determined by the facility visits administration team.2.4 The Visitor must maintain sufficient credit in their account to facilitate a video visit call duration in full.2.5 You agree that Visitors Connect may charge your credit card or other payment mechanism selected by you, the Visitor, and approved by us. 2.6 Visitors Connect may change prices at any time following a notice to you, the Visitor, and agree at the time of log in.2.7 The Visitor may cancel the account at any time. If you cancel, you will not be billed for any additional charges. If you cancel, you will not receive a refund for any service already paid for. A refund administration fee is payable, see fees.2.8 If you, the Visitor, fail to comply with any provision of this Agreement, Visitors Connect or the Correctional Facility may terminate this Agreement immediately and retain any fees previously paid by the Visitor for services used.2.9 Should any participant of the Video Visit breach the Acceptable Use Policy it will result in termination of the Video Visit. If necessary, Visitors can be banned from video visits under clause 108 of the Crimes (Administration of Sentences) Act.2.10 As outlined in the Systems Requirements clause, Visitors Connect, the Facility, PSA and are not liable for video calls which terminate due to Internet quality where the Visitor resides and refunds for calls taken will not be provided.
3. ACCEPTABLE USE POLICY3.1 The Visitor must not use the Service, or their account in violation of any law or any policies or rules of the relevant Facility or advised by Visitors Connect from time to time.3.2 The following uses are prohibited:(a) Allowing someone who is not an authorised user to use your account.(b) Use for the purpose of exploiting, or harming minors, or any other person.(c) To send, receive, upload, or download any material that is threatening, abusive, harassing, discriminatory, or defamatory, or any pornographic material.(d) Use for the introduction of any viruses or other material that is technologically harmful.(e) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.(f) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, any related server supporting the Service or any server, computer, or database connected the Service.(g) Otherwise attempt to interfere with the proper working of the Service.(h) Adhere to the terms and conditions of Justice Department Video Visits Policies: NSW Jurisdiction:https://correctiveservices.dcj.nsw.gov.au/contact-and-visit-inmates/video-conferencing-for-professionals.html (i) At no time are any Visitors allowed to use a 3rd party device (a device not used to connect to the video visit such as tablets, mobile phones, laptops) to display/ show anything to the inmate, or to connect them via phone call to a person not listed in the Video Visit booking.(j) Once the Video Visit has started, no one else can connect via a separate device.(k) Any person who has not been listed on the approved Video Visit booking and appears on Video Visits call/ communicates with the inmate will result in the video visit being terminated by the Officer in Charge “OIC” of Video Visits at the Facility.(l) Video recording/ capturing screen shots by a Visitor is strictly prohibited. Failure to comply will result in the termination of the video visit. (m) Visitor and inmates must maintain an acceptable standard of behaviour. Aggressive, obscene, or sexual behaviour will not be tolerated and will result in the Video Visit will be terminated.(n) Visitor must maintain an acceptable standard of dress, no nudity, or partial nudity.(o) All Video Visits are subject to monitoring by the “OIC” of visits.4. PRIVACY 4.1 We respect your right to privacy and are committed to safeguarding the privacy of our Users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.4.2 “Personal information” is information which we hold which is identifiable as being about you.4.3 From time to time, the Software/Service and its affiliates will receive and store personal information you enter onto our website, or provide us directly, or give to the Facility or us in other forms.4.4 As a Visitor you must provide information such as your Full Name, Telephone Number, Address, Drivers licence number or other identification, Visitor numbers and Email address to enable us to send information, and provide access and updates and process your service request. We may collect additional information at other times, including, but not limited to, when you provide feedback, when you provide information about your personal affairs, change your content, or email preference, respond to promotions, provide financial or credit card information, or communicate with our customer support.4.5 Additionally, we may also collect other information you provide while interacting with us.4.6 As a Visitor you expressly acknowledge that the functionality of the Software/Service and these Terms of Service allow us, the relevant Facility, or Justice Department to record, monitor, or screen communications through the Software/Service.5. PROCESSING PERSONAL DATA The table below describes the Visitors Connect’s processing of personal data as a data controller. The table does not cover customer content, including any personal data about you that may be contained within your communications.
Personal Data Processing Types of Personal Data How We Get It What we do with it Account User Data Information we collect when you register for a Visitors Connect Account, such as:• Date of birth (for age-verification purposes only),• First Name• Last Name• Phone• Email• User IDs and password• Visitor Numbers• Meeting schedule From the Account registrant • Enrol you in the Services• Provide you with support• Provide announcements related to software updates, upgrades, and system enhancements Payment Data Information we collect for Payment Account information, such as:• Account User Data (listed above)• Billing name• Billing phone• Billing address• Payment method From the Payment Account registrant • Create a Visitors Connect Account• Provide Visitors Connect services• Respond to requests for support• Provide announcements related to Software/Service updates, upgrades, and system enhancements• Card Data is not stored and meets the PCI-DSS compliance for security of your card payment data Operational Data Technical information from Visitors Connect Software/Service, or systems hosting the Services, and from the systems, applications and devices that are used to access the Services, such as:• Configuration Data: information about the deployment of Visitors Connect Services and related environment information.• Meeting metadata: metrics about when and how meetings were conducted.• Feature Usage Data: information about if and how Service features were used.• Performance Data: metrics related to how the Services perform.Service Logs: information on system events and states. Automatically through use of the Services • Facilitate the delivery and optimisation of the Services• Monitor performance of our data centres and networks• Provide Account dashboards and reports• Provide support• Maintain the security of our infrastructure and Services• Administer our disaster recovery plans and policies• Detect, investigate, and stop fraudulent, harmful, unauthorised, or illegal activity (“fraud and abuse detection”)• Confirm compliance with contractual obligations• Comply with legal obligations• Create anonymized and/or aggregated data to improve our products and for other lawful business purposesSupport and Feedback Data, such as:• Support Data: information that has been provided by a Visitor using Visitors Connect, or is otherwise processed in connection with support activities such as support chats or calls (including recordings of those calls) and Service support tickets. Directly from a Visitors Connect user – Visitor • Respond to requests for support• Conduct anonymized, aggregated analytics to improve performanceApproximate Location (e.g., nearest city or town) Automatically through your use of the Services • Monitor performance of our data centres and networks
6. DISCLAIMER AND LIMITATION OF LIABILITYSubject to the relevant Consumer Law.6.1 All warranties, whether written, oral, express, implied or statutory, are expressly disclaimed to the fullest extent allowed by law. Visitors Connect and the providers of such Service is not responsible for any interruption in the Software/Service, or unavailability of the Software/Service resulting from internet failures, your inability to access the internet, inadequate bandwidth in your internet connection, or any other delay, or delivery failure outside our control.6.2 To the fullest extent permitted by law, Visitors Connect as the providers of such Service will not be liable for any direct, indirect, or consequential damages, or losses which arise, either directly, or indirectly, through the use of the Software/Service by you.7. INDEMNITYYou will indemnify and hold harmless Visitors Connect and the providers of such Service, its directors, officers, employees, representatives and agents from and against, any and all claims, losses, damages and expenses arising from a third party claim to the extent that such third party claim is based on your misuse of the Software/Service, a breach of these terms, or your negligence, or other act, or omission in connection with misuse of the Software/Service.
8. LIMITATION OF LIABILITYTo the maximum extent permitted by applicable law, in no event will Visitors Connect as a provider of such Service, or its affiliates, suppliers, or resellers be liable for any special, incidental, indirect, exemplary, or consequential damages whatsoever arising out of the use of, or inability to use the services, or the provision, of or failure to provide technical, or other support services, whether arising in tort (including negligence)contract, or any other legal theory, even if Visitors Connect, its affiliates, suppliers, or resellers have been advised of the possibility of such damages. In any case, Visitors Connect, its affiliates, suppliers and resellers maximum cumulative liability and the Visitor’s exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by the Visitor for the services (if any) in the Twelve (12) months preceding the event, or circumstances giving rise to such claims.9. Dispute Resolutions (Australia – Under the ACL)• Any disputes arising from these Terms and Conditions shall be handled in accordance with the Australian Consumer Law (ACL).• Customers have the right to seek remedies under the ACL for faulty or misrepresented products, including refunds, replacements, or repairs.• We encourage customers to first contact us via [contact details can be found at the top of this document] to attempt to resolve disputes amicably.• If a resolution cannot be reached, customers may escalate the complaint to the Australian Competition and Consumer Commission (ACCC), their state or territory consumer protection agency, or lodge a claim with the Australian Small Business and Family Enterprise Ombudsman (ASBFEO).• Where mediation is required, both parties agree to participate in a dispute resolution process facilitated by an independent mediator before initiating legal proceedings.• Any legal proceedings must be conducted in the jurisdiction of [Brisbane Qld in Australia].10. Governing Law• These Terms are governed by the laws of Australia, specifically the Competition and Consumer Act 2010 (Cth).• Any disputes shall be subject to the exclusive jurisdiction of the courts in Brisbane Queensland.
1.2 To access Visitors Connect, the Visitor will be required to register their details on the Visitors Connect website, have a current version of Chrome installed on their PC, or Mobile device and review and accept these terms and conditions prior to use. Once the Visitor has made an account, use of the Visitors Connect Software and Service will be subject to this agreement with the Facility. 1.3 The Facility will have the sole discretion to approve, suspend or cancel user accounts, or allow you access to the Software and Service. By accepting these terms and conditions you agree that you are currently able to become an authorised Visitor of the Visitors Connect platform. If you do not agree to the terms and conditions, or are unable to become an authorised Visitor, then you should not download or use the Software.1.4 You agree that you, the Visitor, will not use and will not permit to use the Service to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Service; (ii) knowingly or negligently use the Service in a way that abuses, and/or interferes with, or disrupts the Visitors Connect platform, Your accounts, or the Service; (iii) engage in activity that is illegal, fraudulent, false or misleading; (iv) transmit through the Service any material that may infringe the Acceptable Use Policy outlined within this document; (v) use this service to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, or would violate the intellectual property rights of any party.1.5 We are not required to provide updates, or new releases of the Service at any time however for the avoidance of doubt, the provision of upgrades or new releases may be subject to the granting of a new agreement.1.6 The Facility, PSA or the Justice Department may monitor, record, or screen any communication, or data. By using the Service, you are giving Visitors Connect, the Facility and PSA consent to store recordings for any, or all Visitors Connect meetings you join as a Visitor or messages you send and receive on this service. If you do not consent to being recorded, you can choose to leave the meeting. 2. FEES, CHARGES, CANCELLATION AND TERMINATION2.1 Visitors Connect charges a fee for use of the Service. This is a fee to permit you to take part in a video call with a prisoner as authorised by the Facility and Visitors Connect or send and receive messages with an approved contact at the facility.2.2 Fees are paid per minute per video call and per message type,(a) Messages and communications Pack’s $10.00 to $50.00 the available qty of each message type will be shown at time of purchase and time of use.(b) Cost per minute from the time the inmate enters the call $0.50(c) Administration Fee (process a refund, including closing your account, service cancellation or termination of this agreement.) $5.00(d) Refunds or cancellations can be requested by contacting visitorsconnect@netcard.com.au (e) Any approved refunds will be processed back to the original card used for the transaction or an alternate agreed process should that card no longer be current. (f) If you cancel or close your account a refund will be processed less the administration fee(g) If your account is terminated for any reason a refund will be processed less the administration fee.(h) Accounts with $5.00 or less will be closed after 12 months of inactivity and incur the $5.00 administration fee or part thereof. $0 to $5.00(i) Other fees may include card processing surcharge fees 10cents + 1% (j) All fees include GST
2.3 Video call duration is determined by the facility visits administration team.2.4 The Visitor must maintain sufficient credit in their account to facilitate a video visit call duration in full.2.5 You agree that Visitors Connect may charge your credit card or other payment mechanism selected by you, the Visitor, and approved by us. 2.6 Visitors Connect may change prices at any time following a notice to you, the Visitor, and agree at the time of log in.2.7 The Visitor may cancel the account at any time. If you cancel, you will not be billed for any additional charges. If you cancel, you will not receive a refund for any service already paid for. A refund administration fee is payable, see fees.2.8 If you, the Visitor, fail to comply with any provision of this Agreement, Visitors Connect or the Correctional Facility may terminate this Agreement immediately and retain any fees previously paid by the Visitor for services used.2.9 Should any participant of the Video Visit breach the Acceptable Use Policy it will result in termination of the Video Visit. If necessary, Visitors can be banned from video visits under clause 108 of the Crimes (Administration of Sentences) Act.2.10 As outlined in the Systems Requirements clause, Visitors Connect, the Facility, PSA and are not liable for video calls which terminate due to Internet quality where the Visitor resides and refunds for calls taken will not be provided.
3. ACCEPTABLE USE POLICY3.1 The Visitor must not use the Service, or their account in violation of any law or any policies or rules of the relevant Facility or advised by Visitors Connect from time to time.3.2 The following uses are prohibited:(a) Allowing someone who is not an authorised user to use your account.(b) Use for the purpose of exploiting, or harming minors, or any other person.(c) To send, receive, upload, or download any material that is threatening, abusive, harassing, discriminatory, or defamatory, or any pornographic material.(d) Use for the introduction of any viruses or other material that is technologically harmful.(e) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.(f) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, any related server supporting the Service or any server, computer, or database connected the Service.(g) Otherwise attempt to interfere with the proper working of the Service.(h) Adhere to the terms and conditions of Justice Department Video Visits Policies: NSW Jurisdiction:https://correctiveservices.dcj.nsw.gov.au/contact-and-visit-inmates/video-conferencing-for-professionals.html (i) At no time are any Visitors allowed to use a 3rd party device (a device not used to connect to the video visit such as tablets, mobile phones, laptops) to display/ show anything to the inmate, or to connect them via phone call to a person not listed in the Video Visit booking.(j) Once the Video Visit has started, no one else can connect via a separate device.(k) Any person who has not been listed on the approved Video Visit booking and appears on Video Visits call/ communicates with the inmate will result in the video visit being terminated by the Officer in Charge “OIC” of Video Visits at the Facility.(l) Video recording/ capturing screen shots by a Visitor is strictly prohibited. Failure to comply will result in the termination of the video visit. (m) Visitor and inmates must maintain an acceptable standard of behaviour. Aggressive, obscene, or sexual behaviour will not be tolerated and will result in the Video Visit will be terminated.(n) Visitor must maintain an acceptable standard of dress, no nudity, or partial nudity.(o) All Video Visits are subject to monitoring by the “OIC” of visits.4. PRIVACY 4.1 We respect your right to privacy and are committed to safeguarding the privacy of our Users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.4.2 “Personal information” is information which we hold which is identifiable as being about you.4.3 From time to time, the Software/Service and its affiliates will receive and store personal information you enter onto our website, or provide us directly, or give to the Facility or us in other forms.4.4 As a Visitor you must provide information such as your Full Name, Telephone Number, Address, Drivers licence number or other identification, Visitor numbers and Email address to enable us to send information, and provide access and updates and process your service request. We may collect additional information at other times, including, but not limited to, when you provide feedback, when you provide information about your personal affairs, change your content, or email preference, respond to promotions, provide financial or credit card information, or communicate with our customer support.4.5 Additionally, we may also collect other information you provide while interacting with us.4.6 As a Visitor you expressly acknowledge that the functionality of the Software/Service and these Terms of Service allow us, the relevant Facility, or Justice Department to record, monitor, or screen communications through the Software/Service.5. PROCESSING PERSONAL DATA The table below describes the Visitors Connect’s processing of personal data as a data controller. The table does not cover customer content, including any personal data about you that may be contained within your communications.
Personal Data Processing Types of Personal Data How We Get It What we do with it Account User Data Information we collect when you register for a Visitors Connect Account, such as:• Date of birth (for age-verification purposes only),• First Name• Last Name• Phone• Email• User IDs and password• Visitor Numbers• Meeting schedule From the Account registrant • Enrol you in the Services• Provide you with support• Provide announcements related to software updates, upgrades, and system enhancements Payment Data Information we collect for Payment Account information, such as:• Account User Data (listed above)• Billing name• Billing phone• Billing address• Payment method From the Payment Account registrant • Create a Visitors Connect Account• Provide Visitors Connect services• Respond to requests for support• Provide announcements related to Software/Service updates, upgrades, and system enhancements• Card Data is not stored and meets the PCI-DSS compliance for security of your card payment data Operational Data Technical information from Visitors Connect Software/Service, or systems hosting the Services, and from the systems, applications and devices that are used to access the Services, such as:• Configuration Data: information about the deployment of Visitors Connect Services and related environment information.• Meeting metadata: metrics about when and how meetings were conducted.• Feature Usage Data: information about if and how Service features were used.• Performance Data: metrics related to how the Services perform.Service Logs: information on system events and states. Automatically through use of the Services • Facilitate the delivery and optimisation of the Services• Monitor performance of our data centres and networks• Provide Account dashboards and reports• Provide support• Maintain the security of our infrastructure and Services• Administer our disaster recovery plans and policies• Detect, investigate, and stop fraudulent, harmful, unauthorised, or illegal activity (“fraud and abuse detection”)• Confirm compliance with contractual obligations• Comply with legal obligations• Create anonymized and/or aggregated data to improve our products and for other lawful business purposesSupport and Feedback Data, such as:• Support Data: information that has been provided by a Visitor using Visitors Connect, or is otherwise processed in connection with support activities such as support chats or calls (including recordings of those calls) and Service support tickets. Directly from a Visitors Connect user – Visitor • Respond to requests for support• Conduct anonymized, aggregated analytics to improve performanceApproximate Location (e.g., nearest city or town) Automatically through your use of the Services • Monitor performance of our data centres and networks
6. DISCLAIMER AND LIMITATION OF LIABILITYSubject to the relevant Consumer Law.6.1 All warranties, whether written, oral, express, implied or statutory, are expressly disclaimed to the fullest extent allowed by law. Visitors Connect and the providers of such Service is not responsible for any interruption in the Software/Service, or unavailability of the Software/Service resulting from internet failures, your inability to access the internet, inadequate bandwidth in your internet connection, or any other delay, or delivery failure outside our control.6.2 To the fullest extent permitted by law, Visitors Connect as the providers of such Service will not be liable for any direct, indirect, or consequential damages, or losses which arise, either directly, or indirectly, through the use of the Software/Service by you.7. INDEMNITYYou will indemnify and hold harmless Visitors Connect and the providers of such Service, its directors, officers, employees, representatives and agents from and against, any and all claims, losses, damages and expenses arising from a third party claim to the extent that such third party claim is based on your misuse of the Software/Service, a breach of these terms, or your negligence, or other act, or omission in connection with misuse of the Software/Service.
8. LIMITATION OF LIABILITYTo the maximum extent permitted by applicable law, in no event will Visitors Connect as a provider of such Service, or its affiliates, suppliers, or resellers be liable for any special, incidental, indirect, exemplary, or consequential damages whatsoever arising out of the use of, or inability to use the services, or the provision, of or failure to provide technical, or other support services, whether arising in tort (including negligence)contract, or any other legal theory, even if Visitors Connect, its affiliates, suppliers, or resellers have been advised of the possibility of such damages. In any case, Visitors Connect, its affiliates, suppliers and resellers maximum cumulative liability and the Visitor’s exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by the Visitor for the services (if any) in the Twelve (12) months preceding the event, or circumstances giving rise to such claims.9. Dispute Resolutions (Australia – Under the ACL)• Any disputes arising from these Terms and Conditions shall be handled in accordance with the Australian Consumer Law (ACL).• Customers have the right to seek remedies under the ACL for faulty or misrepresented products, including refunds, replacements, or repairs.• We encourage customers to first contact us via [contact details can be found at the top of this document] to attempt to resolve disputes amicably.• If a resolution cannot be reached, customers may escalate the complaint to the Australian Competition and Consumer Commission (ACCC), their state or territory consumer protection agency, or lodge a claim with the Australian Small Business and Family Enterprise Ombudsman (ASBFEO).• Where mediation is required, both parties agree to participate in a dispute resolution process facilitated by an independent mediator before initiating legal proceedings.• Any legal proceedings must be conducted in the jurisdiction of [Brisbane Qld in Australia].10. Governing Law• These Terms are governed by the laws of Australia, specifically the Competition and Consumer Act 2010 (Cth).• Any disputes shall be subject to the exclusive jurisdiction of the courts in Brisbane Queensland.