TERMS AND CONDITIONS OF USE

About

1.1 Welcome to osintcombine.com and academy.osintcombine.com (the Website), operated by The OSINT Combine Pty Ltd (ACN 637 543 803) (OSINT Combine). The Website includes a portal and provides you with an opportunity to browse, purchase and participate in an Online Course (the Services).

1.2 Through the Services, you may be able to participate in online programs that allow you to view pre-recorded online videos, written content, tools and templates which will provide you the skills, knowledge and understanding to start your own business (the Online Course), offered to you by OSINT Combine.

1.3 Access to and use of the Website, or any of its associated products and/or Services, is provided by OSINT Combine.

Acceptance of these Terms

1.4 Please read these terms and conditions (the Terms) carefully. By using, browsing, signing up to and/or making payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website and the Services immediately.

1.5 If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms.

1.6 You accept these Terms by registering for the Services, making payment to OSINT Combine, browsing the Website, or by creating an account. You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by OSINT Combine in the user interface of the Website.

1.7 You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with OSINT Combine; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

1.8 By engaging OSINT Combine or purchasing the Online Course, you acknowledge and understand that OSINT Combine does not provide you with any specialist, professional or technical advice. For further information, please read the Terms carefully.

1.9 OSINT Combine reserves the right to review and change any of the Terms by updating this page at its sole discretion. When OSINT Combine updates the Terms, it may use reasonable endeavors to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. The access and use of the Website by you after OSINT Combine makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and Services immediately.

1.10 Before you continue, OSINT Combine recommends that you keep a copy of the Terms for your records. OSINT Combine recommends that you regularly check these Terms for any material changes.

Services

1.11 By OSINT Combine offering its Service to you, you agree and acknowledge that:

(a)unless otherwise stated, all amounts are listed in US Dollars (USD) and are exclusive of “Tax” (meaning any applicable tax including but limited to GST, sales tax, VAT, levies, or duties applicable);

(b) OSINT Combine may receive a commission from third parties in relation to provision of the Services to you;

(c) OSINT Combine does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service;

(d) you shall remain solely responsible for assessing the implications and risks of using the Services; and

(e) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

1.12 You acknowledge that

(a) OSINT Combine has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms; and

(b) the Website may be hosted through a third party provider that requires you to accept the third party provider’s terms and conditions and privacy policy.

Account Set Up

1.13 To access the Services, you are required to register for an account with the Website (the Account) and complete an application form. You may register for an Account and complete the application form via the Website.

1.14 As part of the registration process or as part of your continued use of the Services, you will be required to provide personal information about yourself, including the following:

  • your full name;
  • your date of birth;
  • your email address;
  • a mailing address;
  • your telephone number;
  • the company name (if using the Website on behalf of a company);
  • a preferred username; and
  • a preferred password.

1.15 You acknowledge and agree:

  • any information you provide to OSINT Combine in the course of completing the registration process will always be accurate, correct and up to date;
  • providing false and misleading personal information is grounds for immediate termination of your account or banning you from the Website without notice; and
  • by supplying OSINT Combine with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from OSINT Combine to keep you informed about OSINT Combine’ activities. If you do not wish to receive updates from OSINT Combine, you may contact OSINT Combine at [email protected].

1.16 OSINT Combine will hold any information provided in relation to the Services in accordance with the Privacy Policy available on the Website at www.osintcombine.com/privacy-policy.

1.17 Once you have completed the registration process and created an Account, you will be a registered member of the Website (the Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services.

Your Account Obligations

1.18 As a Member, you acknowledge and agree that:

  • you are solely responsible for the activity that occurs under your Account;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your Account. You agree to immediately notify OSINT Combine in writing at [email protected] of any unauthorised use of your password or email address or any breach of security of which you have become aware. Use of your password by any other person may result in the immediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited;
  • you will comply with the Terms and any Online Course guidelines;
  • you will use the Website and the Services only for the purposes that are permitted by:
    • the Terms;
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of OSINT Combine providing the Services and only for the duration that you are a Member;
  • you must not:
    • expressly or impliedly impersonate another Member or use the account or password of another Member at any time;
    • use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • provide false information including false names, address and contact details;
    • use the Website unlawfully or in a manner that violates any applicable laws, regulations or these Terms;
    • hack into any part of the Website or attempt to circumvent OSINT Combine’ security or network to access data not intended for you;
    • interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services;
    • engage in conduct or access the Website in a way that will impose an unreasonable or large burden of traffic demands on OSINT Combine’ infrastructure;
    • act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory, or that otherwise would disrupt others’ enjoyment of the Services.
    • create derivative works of the Website or an application substantially similar or a direct copy of the Website such that confusion may occur as to which Website is operated by OSINT Combine;
    • copy, or produce a substantially similar, Online Course to the one that was provided to you through the Services without referencing OSINT Combine;
    • resell or export the software associated with the Website or any Online Course;
    • resell or upload to another website any of part of the Online Course and any videos, written content, tools and templates provided to you throughout the Online Course provided to you;
    • resell the Online Course and any videos, written content, tools and templates provided to you throughout the Online Course; and/or
    • automate the use of the Website or the Services, and
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by OSINT Combine for any illegal or unauthorised use of the Website.

1.19 You acknowledge and agree that OSINT Combine reserves the right, at any time and without prior notice, to remove or disable a Member’s access to its Account or to the Online Course at OSINT Combine’ sole discretion without notice and for any reason, including, but not limited to, situations where OSINT Combine, in its reasonable opinion, determines that the Member has violated these terms, or may violate these Terms.

1.20 As a Member, you may access OSINT Combine’ online groups (the Groups). You acknowledge and agree that if you participate in any of the Groups:

(a)you will adhere to the community guidelines;

(b)you will not use the Groups to promote, sell or advertise any products or businesses, or promote or advertise any free offers;

(c)you will not act in a way that is or post any comments that are harassing, threatening, abusive, violent, discriminatory, intimidating, or predatory comments, or engage in any bullying behaviour;

(d)OSINT Combine reserves the right, at any time, without prior notice and in its sole discretion, to remove your access to the Groups if your behaviour is offensive or you are bullying others; and

(e)you will not resell, collect, export or upload to another website any of the content provided to you or viewed in the Groups, including but not limited to, any questions, answers and comments posted by other Members.

2 The Online Course

2.1 The Website provides you with an opportunity to purchase, view and participate in an Online Course.

2.2 To purchase the licence for an Online Course you are required to be a Member.

2.3 Upon completion of the Online Course, you may receive a certificate of attainment and may include the completion of the Online Course on your resume. You acknowledge and agree that the Online Course is not a recognisable qualification.

2.4 You acknowledge and agree that you are responsible for providing your own device to view and participate in the Online Course.

2.5 OSINT Combine may engage third parties to conduct the Online Course.

2.6 You acknowledge and agree that the Online Course is:

(a)for educational purposes only;

(b)not financial, accounting, taxation or legal advice; and

(c)is not tailored to your specific requirements or circumstances.

2.7 Delivery of the Online Course

  • OSINT Combine will deliver the Online Course to you through the Website and you will be placed into a co-hort with other Members.
  • You acknowledge and agree that the Online Course is not a one-on-one mentorship.
  • Access to any Online Course material, including, but not limited to pre-recorded online videos, written content, tools and templates will be available to you via the Website.
  • OSINT Combine hosts and delivers the Online Course through platforms owned and controlled by third parties, other than OSINT Combine (each a Third Party Platform).
  • You will be required to use a Third Party Platform for OSINT Combine to provide the Online Course to you.
  • OSINT Combine is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Platform, any platform accessed from a Third Party Platform or any changes or updates to such sites. OSINT Combine makes no guarantees about the content or quality of the products or services provided by such sites. If you have availed any Third Party Services, the third party may contact you by email and/or phone with instructions on how to access your benefits and to keep you informed of their services. You may be required to accept additional terms located on the Third Party Platform.
  • By using any product, service, or functionality originating from the Website, you are allowing OSINT Combine to share information with any third party with whom OSINT Combine has a pertinent contractual relationship – any information necessary to facilitate its provision of products, services, or functionality to you.
  • By purchasing a licence to the Online Course, you understand and agree to accept any Third Party Platform’s terms and conditions and privacy policies required to use the Online Course.
  • OSINT Combine may remove any Online Course at any time.
  • You acknowledge and agree that upon completion of the Online Course, OSINT Combine will terminate your access to the Website.
  • OSINT Combine does not guarantee any results from the use of any Online Course and results may vary.

Payment

2.8 When purchasing the Online Course through the Website, you agree to the payment of the purchase price set out on the Website for the Online Course (the Purchase Price).

2.9 All prices are quoted in US Dollars (excl. Tax). OSINT Combine reserves the right to change or alter the Purchase Price at any time, at their sole discretion, and without notice.

2.10 Payment of the Purchase Price may be made through a third party payment processor, e.g., Stripe (the Payment Gateway Provider). In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.

2.11 Following payment of the Purchase Price being confirmed by OSINT Combine, you will be issued with a receipt to confirm that the payment has been received and OSINT Combine may record your purchase details for future use.

3 Non-Payment

3.1 In the event you elect to pay the Purchase Price by way of direct debit and/or credit card and there is a chargeback by your credit provider, OSINT Combine may suspend or terminate the Services immediately. You will be charged the then current OSINT Combine administration fee, available on the Website, plus Tax (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, OSINT Combine may reinstate the Services to you.

3.2 You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

3.3 OSINT Combine reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services.

4 Rescheduling

4.1 You may postpone the commencement date and/or the completion date of the Online Course at your sole discretion, by contacting OSINT Combine at [email protected].

4.2 You acknowledge and agree that no refund will be provided to you if you elect to commence the Online Course at a later date. In the event that you elect to commence the Online Course at a later date, OSINT Combine will provide a credit to you that can be applied to another Online Course start date.

5 Refund Policy

a.If, for whatever reason, you are unsatisfied with the Services please contact OSINT Combine at [email protected] outlining why you believe you are entitled to a refund of any Purchase Price so that OSINT Combine are able to determine whether a refund should occur.

b.Any refunds granted pursuant to this clause will be at OSINT Combine’ sole discretion.

Copyright and Intellectual Property

c.Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including but not limited to: any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trade marks and service marks (including, but not limited to, goodwill and other intangible rights), registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.

d.The Website, the Services, the Online Course and all of the related documents, materials, products and services of OSINT Combine (the Material) are subject to Intellectual Property Rights under the laws of Australia and by International Treaties. Unless otherwise indicated, all Intellectual Property Rights in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements, interactive features) (the Content) are owned or controlled for these purposes and are reserved by OSINT Combine or its contributors.

5.1 The Member retains all Intellectual Property Rights, except as stated herein, in any information, data, document, or photographs uploaded to the Website (the Uploaded Content). The Member grants to OSINT Combine a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to your Uploaded Content. OSINT Combine will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).

5.2 You acknowledge and agree that OSINT Combine exclusively and unconditionally owns all Intellectual Property Rights in all the Derivative Materials and Contents and documents relating to the Services, Website, and Online Course. You acknowledge and agree that to the extent that you have Moral Rights in any of the Content, Derivative Materials and any related documents or materials, you will provide a Moral Rights Consent to OSINT Combine.

5.3 OSINT Combine does not grant you any other rights whatsoever in relation to the Material and/or the Content unless expressly stated herein. All other rights are expressly reserved by OSINT Combine.

5.4 OSINT Combine grants you a revocable, limited, non-exclusive, royalty free license to view the Online Course for personal, non-commercial, educational purposes pursuant to these Terms and conditional upon the payment of the Purchase Price. You may read and view the designated Material to the extent necessary to use the Services and receive the Online Course you have selected, but you may not publish, resell or sub-licence it.

5.5 For purposes of these Terms, the term “Marks” will mean the registered and unregistered trade marks, service marks, trade names, copyrights, logos, slogans, feedback, testimonials and other identifying symbols and indicia of the applicable party and any goodwill therein. All uses of a party’s Marks by the other party will be in the form and format specified in the media or promotional guidelines (if any).

5.6 Subject to these Terms, you hereby grant to OSINT Combine and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in the media or promotional guidelines (if any). This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose. All goodwill related to the use of any Marks shall inure to the benefit of the owner of such Marks. Each Mark licensor reserves the right to revoke the licensee’s permission to use the licensor’s Marks should the use be noncompliant with the media or promotional guidelines, or negatively impacts, or disparages the Mark.

6 Privacy

OSINT Combine takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to the Privacy Policy at https://www.osintcombine.com/privacy-policy.

7 General Disclaimer

7.1 You acknowledge and agree that OSINT Combine does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Online Course other than provided for pursuant to these Terms.

7.2 OSINT Combine does not provide any guarantees as to the quality of the Online Course purchased.

7.3 OSINT Combine does not provide any guarantees as to your success by your reliance on the information provided during the Online Course.

7.4 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

7.5 If you are not a Consumer (under the Australian Consumer Law), you agree that OSINT Combine has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services.

7.6 If you are a Consumer (under the Australian Consumer Law), OSINT Combine limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.

7.7 Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • OSINT Combine will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Online Course or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

7.8 Use of the Website, the Services, and viewing the Online Course is at your own risk. The Website, the Services, and the Online Course of OSINT Combine, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of OSINT Combine (including any third party where the Online Course is made available to you) make any express or implied representation or warranty about its Material, Content, Online Course or any services (including the Services of OSINT Combine) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Online Course related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services, or any of the Online Course;
  • the Material, Content or operation in respect to links which are provided for the Member’s convenience;
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

8 Limitation of liability

8.1 OSINT Combine’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of OSINT Combine is the resupply of information or Services to you.

8.2 You acknowledge and agree that OSINT Combine, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, a Third Party Platform and your reliance on any information provided to you through the viewing of the Online Course, and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

8.3 OSINT Combine is not responsible or liable in any manner for any site content (including the Material, Content, Online Course, Uploaded Materials, and third party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website, by third parties or by any of the Services offered by OSINT Combine.

8.4 OSINT Combine does not control and is not responsible for the behaviours and actions of Members. Accordingly, OSINT Combine is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter when viewing the Online Course or in connection with your use of the Services.

8.5 “Force Majeure” means a circumstance beyond the reasonable control of a party and which results in that party being unable to observe or perform an obligation on time under these Terms(other than an obligation to make a payment). Such circumstances include but are not limited to:

(a)acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;

(b)acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

(c)disease and a pandemic; and

(d)failure of any Third Party Platform, third party provider’s product or service, internet and telecommunication services.

8.6OSINT Combine will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.

9 Indemnity

9.1 You agree to indemnify OSINT Combine its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:

(a)any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;

  • your breach of the Terms, including any misuse of the Materials; or
  • any activity which you engage in on the Website or through OSINT Combine.

9.2 This indemnity will survive termination of the Terms.

10 Termination of Services

10.1 The Terms will continue to apply until terminated by either you or by OSINT Combine as set out below.

10.2 If you want to terminate the Terms, you may do so by:

10.3 Your elected termination will be effective upon receipt of the notice of your intention to terminate by OSINT Combine.

10.4 OSINT Combine may at any time, terminate the Terms with you if:

(i)in breach of any law;

(ii)in a way that is misleading or deceptive;

(iii)in a way which is unreasonable as determined by OSINT Combine at its absolute discretion; or

(iv)in a manner which can or does bring OSINT Combine into disrepute or could damage OSINT Combine’ reputation as determined by OSINT Combine at its absolute discretion.

10.5 Subject to local applicable laws, OSINT Combine reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages OSINT Combine’ name or reputation or violates the rights of those of another party.

10.6 Upon the termination of your Account, all of the legal rights, obligations and liabilities that you and OSINT Combine have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Dispute Resolution

10.7 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

  • A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
  • On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
  • If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
  • The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.
  • It is agreed that the mediation will be held in Sydney, New South Wales.
  • For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.
  • All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  • If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.
  • In the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

11 Venue and Jurisdiction

11.1 In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

12 Governing Law and Jurisdiction

12.1 The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

13 Notice

13.1 OSINT Combine may provide any notice to you under the Terms by sending a message to your email address. The notice provided by OSINT Combine to you by email shall be deemed to have been properly given on the date OSINT Combine sends the email, regardless of whether you have received the email.

13.2 Unless specified otherwise, any notices provided by you to OSINT Combine must be in writing and sent to [email protected].

14 Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

15 Entire Agreement

These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

16 Severance

If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

17 Waiver

17.1A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.

17.2A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

17.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

Assignment

17.4 OSINT Combine may assign or transfer its rights or obligations under the Terms without your consent.

17.5 You may not assign or transfer your rights or obligations under the Terms without prior written consent of OSINT Combine. A purported assignment without written consent will be deemed to be void and convey no rights.

Contact

If you wish to notify us about anything relating to these Terms, please contact us [email protected].