TERMS OF USE

1. LEGALLY BINDING DOCUMENT

   The terms and conditions set out in this document form a legally binding agreement between you and VIEWA in relation to your access to and use of VIEWA’s services, products, software and websites (excluding any services provided to you by VIEWA under a separate written agreement). “VIEWA”, “we”, or “us” means VIEWA Pty Ltd ACN 126 339 231 of 473 Nepean Hwy, Frankston VIC 3199. This legal agreement is referred to below as the “Terms”.

   The Terms apply to your use of the viewa service, products, software and websites as outlined (without limitation) below in the Description of Service (referred to collectively as the “Services” in this document.

2. ACCEPTANCE OF TERMS

   VIEWA Ltd provides the viewa service to you, subject to the following Terms of Service (“Terms”). These Terms may be updated by VIEWA from time to time without notice to the user. In addition, when using the viewa service, the user shall be subject to any related guidelines or rules applicable to the execution of the service and these guidelines or rules may be posted on the viewa website from time to time. All such guidelines or rules are hereby incorporated by reference in these Terms.

   These Terms govern your access to and use of the viewa service and will be effective as of the date and time of your first use of the Viewa ConsidAR product.

   By downloading the Viewa Service you represent and warrant that (i) you have full legal authority to bind yourself to these Terms, (ii) that you have read and understand the Terms and (iii) you agree, to these Terms.

3. DESCRIPTION OF SERVICE

   Viewa’s service is designed to allow users to virtually place items using their camera at home or any other location. Examples include chairs, blinds, rugs, pools and many other items and it requires a reliable internet connection to work. It leverages a web based augmented reality codebase and will track your activity as you virtually place items using your camera.

4. MODIFICATIONS

   To the service: VIEWA shall have the right to change, suspend or discontinue any aspect of the Service at any time, without notice. If VIEWA makes a material change to the Service, VIEWA may inform you of such changes at a time relevant to the changes being required for the service.

   To these Terms and Conditions: VIEWA reserves the right to modify these Terms and Conditions or any policy governing the Service, at any time, by posting the new terms and conditions of Service here such URL as VIEWA may provide. You are responsible for regularly reviewing any updates to these Terms and Conditions. You understand and agree that if you access or use the Services after the date on which the Terms have changed, VIEWA will treat this as acceptance of the updated Terms.

5. PRIVACY VIEWA LTD

   For information about VIEWA Pty Ltd data protection practices, please read the VIEWA Privacy Policy The Policy explains how VIEWA treats your personal information, and protects your privacy, when you access or use the Services.

   You agree to the use of your personal information and data in accordance with Viewa Privacy Policy.

   You agree that you are solely responsible for (and that VIEWA has no responsibility to you or any third party for):

   1. all data that you submit or store, or that is generated, in the course of your use of the Services (referred to as “Your Data” below); and

   2. backing up Your Data, and the consequences (including any loss or damage you may suffer) of you failing to do so.

   VIEWA may disclose your personal information to:

   • third party service providers and contractors who provide services and content to VIEWA; and

   • other persons or organizations the disclosure to whom is permitted by law or you have consented, expressly or impliedly.

6. PASSWORD/ CONFIDENTIAL INFORMATION AND SECURITY

   If you provide any password and/or confidential material in connection with your use of the Viewa service, then you are responsible for maintaining the confidentiality of such password and/or confidential material and understand that you are fully responsible for all activities that occur under your account. You agree to immediately notify VIEWA of any unauthorized use of your password or account or any other breach or security.

   It is your responsibility to ensure that you correctly exit from your account at the end of each session of use of the Viewa service. VIEWA cannot and will not be liable for any loss or damage suffered arising from your failure to comply with this section.

7. FACILITIES AND DATA TRANSFER

   All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where VIEWA stores and processes its own information of a similar type. VIEWA and its partners have implemented at least industry standard systems and procedures to ensure that the security and confidentiality of Customer Data, protect against anticipated threats or hazards to the security or integrity of Customer Data.

8. PROVISION OF SERVICES

   While VIEWA and the Service Provider will use all reasonable endeavors to ensure that the Viewa Services are accessible at all times, VIEWA cannot guarantee that this will be case. VIEWA will use all reasonable endeavors to post a notice on the Website if we have prior notice of any maintenance that is expected to result in the Services being unavailable, VIEWA will use all its reasonable endeavors to post a notice on the Website notifying users of any such outage to the viewa service. VIEWA is not responsible for any problems associated with the use of the public internet or of the individual user’s telecommunications/ data carrier.

   The Viewa service is designed for use only with certain devices and require certain functionality to be enabled in order to properly function. Details of these requirements are specified in term 3 of these Terms of Service. These requirements may change over time to reflect evolving technologies. VIEWA will provide you with reasonable notice of any such changes.

   While VIEWA endeavors to ensure that the Services are free from viruses and other harmful code, you are responsible for taking appropriate steps to protect your device and ensure that the Viewa Service is being utilized to its intended purpose.

   In some instances, there may be material which is provided for particular users (i.e. users of a particular age group etc.). In these instances, users will be required to confirm and verify their personal information in order to gain access to such Content. It is the responsibility of the user to ensure that they at all times provide true and accurate information regarding their personal information (including but not limited to data relating to age). Viewa is neither responsible nor liable for any loss or damage suffered in the event that a user untruthfully provides information that provides them access to material not intended for their access.

9. USERS CONDUCT

   You agree to use the Viewa service only for the purposes permitted by the terms and any applicable laws, regulations or generally accepted practices or guidelines. You agree not to access (or attempt to access) the Viewa service by any means other than through those approved by VIEWA, unless you have been permitted to do so in a separate written agreement with VIEWA. You agree that you will not engage in any activity that interferes with or disrupts the viewa service. You agree that you will not reproduce, duplicate, distribute, sell, trade or resell the Viewa Service (in part or as a whole) for any purpose. By downloading Viewa you agree to not use the Service to: a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; b. Harm minors in any way whatsoever; c. Impersonate any person or entity, including but not limited to an VIEWA official forum leader, guide or host, service provider, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. Use the Viewa service in any way which breaks the laws governing the state and/or territory in which the Viewa service is being used; e. You agree that you are solely responsible for (and that VIEWA has no responsibility to you or to any third party for) any breach of your obligations under the Terms f. in any way commercialize the use of content. For the removal of doubt – all content is provided only for personal use.

10. COST OF SERVICE

    The viewa service is a free web based application. The cost associated with any data download is as per the user’s data plan with the telecommunications provider of the device they are using the viewa service on. Standard data rates apply. For any queries related to costs of data downloads please contact your telecommunications service provider. Whilst VIEWA will endeavor to optimize file sizes to ensure the lowest bandwidth possible, the application and service have been designed in a way that also extends and heightens the user experience. VIEWA cannot guarantee an acceptable usage of data if subject to overuse. All ecommerce transactions conducted through the Viewa service will be handled on the property of the supplier which you connect with to make your transaction. Alternatively, the standard browser may open within the viewa service (app) and take the user directly to the supplier’s ecommerce website. In either circumstance, the ecommerce transaction is governed by the standard business guidelines of the Supplier.

11. CONTENT IN THE SERVICES

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publically posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. VIEWA may not always control the material surrounding Content posted by the user via the Service and, as such, does not guarantee the accuracy, integrity or quality of any Content it does not Control. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will VIEWA be liable in any way for any Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You should be aware that Content presented to you as part of the viewa service may be protected by intellectual property rights that are owned by other users of the Viewa service, or by sponsors or advertisers who provide the Content to VIEWA for inclusion in the Viewa service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you are specifically authorized under a separate written agreement with VIEWA or the owner of the Content.

    (b) You understand that by using the viewa service, you may be exposed to Content that you may find offensive, indecent or objectionable, and that, in this respect, you use the viewa services at your own risk. VIEWA reserves the right (but has no obligation) to review, flag, filter, modify, refuse or remove any or all Content from the viewa service at any time it deems necessary.

    (c) You agree that you are solely responsible for (and that VIEWA has no responsibility to you or any third party for):

    1. any Content that you create, transmit or display while using the viewa service; and

    2. the consequences (including any loss or damage that VIEWA may suffer) of you doing so.

12. SOFTWARE UPDATES

    You may be prompted to download and install software updates. These updates are designed to improve, enhance and further develop the Viewa service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive or download (as applicable) such updates, and permit VIEWA to deliver them to you, as part of your use of the viewa service.

13. EXTERNAL LINKS

    (a) The viewa service may include links to websites, content, advertising or other materials that are provided by persons or organizations other than VIEWA (“External Links”). VIEWA may have no control over any External Links.

    (b) You acknowledge and agree that VIEWA is not responsible for the availability of, and does not endorse the content of, any such External Links.

    (c) You acknowledge and agree that VIEWA is not liable for any loss or damage that you may suffer as a result of the availability of, or your access to, any External Links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Links.

14. ENDING YOUR RELATIONSHIP WITH VIEWA

    The Terms will continue to apply any time you use the Viewa service.

15. EXCLUSION OF WARRANTIES

    (a) You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitation of liability as stated below, apply subject to any rights you may have under such laws. (b) You expressly understand and agree that your access to and use of the Viewa service is at your sole risk and that the viewa service is provided “as is” and “as available”. In particular, VIEWA does not represent or warrant to you that:

    1. your access to and use of the Viewa service will meet your requirements (and you expressly acknowledge that you have relied upon your own experience, skill and judgment to evaluate the viewa service and that you are satisfied as to the suitability of the Viewa service to meet your requirements); or

    2. your access to and use of the Viewa service will be uninterrupted, timely, secure or free from error. (c) Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.

16. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless VIEWA, and its directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including reasonable legal fees) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in the Terms.

17. GENERAL

    a. VIEWA is not liable for any failure to perform its obligations under the Terms where that performance is delayed, prevented, restricted or interfered with for any reason outside VIEWA’s control.

    b. This agreement is governed by the laws of Victoria Australia, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

    c. This agreement supersedes all previous agreements about its subject matter and embodies the entire agreement between the parties.

    d. The words “including”, “such as”, “in particular” and “for example”, when used in this agreement, are not words of limitation.

    e. Except as expressly provided in this agreement, nothing in this agreement is intended to constitute a fiduciary relationship or an agency, partnership or trust, and no party has authority to bind any other party.

    f. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms.

    g. Any provision of this agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this agreement is not affected.