Bullseye | Terms of Use
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Terms of Use

Last updated: 2021-10-07


These Terms & Conditions relate to the website https://bullseye.net.au (“Website”) operated by Bullseye AU Pty Ltd (ACN 652 706 637) trading as Bullseye (referred to in these Terms & Conditions as “Bullseye”, “we”, “our” or “us”).

Please note that the Website is subject to and operates in accordance with the Australian Securities & Investments Commission Regulatory Guide 162 “Internet discussion sites”, as amended from time to time. The intention of the Website is to provide an internet facility to display information, advice and opinions about securities issued by entities regulated by Australian securities law (“Securities”).

1.  Consent

By accessing and/or using this Website, you acknowledge that you have read, understood and agree to the following terms and conditions (“Terms & Conditions”), as may be updated by Bullseye from time to time. Please read this agreement carefully – it contains terms and conditions that are binding on you in respect of your use of the Website and immediately cease using our Website if you do not agree to them.

2. Permitted Purpose

2.1  Bullseye grants you the right to access and use the Website for the following permitted purposes (“Permitted Purposes”):

(a) creating and updating your Bullseye profile;

(b) viewing profiles of other Bullseye users; and

(c) to exchange information with persons in Australia that may include opinions and advice about Securities if you are not a securities market professional.

2.2 Your right to access the Website is non-exclusive, non-transferable, and limited to the Permitted Purposes described in these Terms & Conditions, or otherwise specified in writing by Bullseye.

2.3 Bullseye may revoke or cancel your right of access at any time if you fail to comply with these Terms & Conditions.

3. Eligibility

3.1 You are located in Australia or internationally and are not a securities market professional or hold an Australian Financial Services Licence (AFSL).

3.2 No one under eighteen (18) years old is allowed to create an account or use the Website.

3.3 You affirm that you are eighteen (18) years or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set out in this Agreement, and to abide by and comply with these Terms & Conditions. Access may be terminated without warning if we believe that you are underage or otherwise ineligible. No one under eighteen (18) years old is allowed to create an account or use the Website.

3.4 You affirm that you will comply with these Terms & Conditions and all applicable local, state, national and international laws, rules and regulations.

4. Modification

4.1 Bullseye reserves the right to amend these Terms & Conditions and the Website or any page or content on the Website, from time to time. We may, at any time and at our sole discretion, vary these Terms & Conditions, the Website or any page or content on the Website. Materials and information on this Website (“Content”) are subject to change without notice.

4.2 It is your obligation to ensure that you have read, understood and agree to the most recent version of the Terms & Conditions available on the Website. We recommend you check our Website regularly to ensure you are aware of our current terms and to take note of any changes we may have made to the Terms & Conditions. You agree and acknowledge that your continued use of the Website will amount to renewed acceptance of these Terms & Conditions as varied, replaced or removed and agree to be bound by them on each occasion that you access the Website.

5. Privacy & Security

5.1 Privacy: Our privacy policy, which sets out how we will collect, use and hold your personal information, can be found at [insert link]. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

5.2 Security: You acknowledge that it is your responsibility to keep your user account and login details (including any password protected access details) secure and indemnify Bullseye against any claim or loss (including consequential or incidental loss or claim of breach of any privacy laws) of any kind in respect of any unauthorised access to the Website and your personal information. You must immediately notify Bullseye of any unauthorised use of your account or any other breach of security.

6. Information

6.1 Any information or Content provided on the Website may is not be comprehensive, is provided in good faith and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice. Bullseye nevertheless reserves the right to update the Content or the Website at any time.

6.2 If you intend to act on the basis of any Content the information contained on the Website, you should seek advice, or should satisfy yourself as to the suitability of any information on the Website, before you act or rely on any Content or Data which is made available to you.

7. Account Registration

7.1 In order to access some or all of the features of the Website you may be required to create an account with password access.

7.2 It is your responsibility to choose a username and suitably secure password and store your password safely. Bullseye is not liable for any loss resulting from any failure by you to secure your password details.

7.3 Bullseye reserves the right to cancel or reject a username.

7.4 Where the Website integrates your profile with third party social media, you agree to Bullseye providing your personal information to such third parties and acknowledge that your use of the Website and any third party use of your personal information is solely at your own risk.

7.5 Bullseye may request to verify you, including via a verification code sent via SMS, and until you have been verified by Bullseye to its satisfaction, you agree and acknowledge that Bullseye may not create your user account.

8. Payment Terms

8.1 Bullseye may offer membership offers and services as automatically renewing subscriptions for purchase on the Website (“Membership Subscription”). If you choose to purchase a Membership Subscription, you acknowledge and agree that additional terms, disclosed to you when you purchase a Membership Subscription, may apply, and that such additional terms are incorporated into these Terms and Conditions.

8.2 You may purchase a Membership Subscription through the following payment methods:

(a) current, valid credit card, which may be updated from time to time.

8.3 The Membership Subscription fee and any other charges you may incur in connection with your membership, including but not limited to taxes and transaction fees, will be charged to your nominated payment method monthly on the payment date advised to you by Bullseye.

8.4 You authorise Bullseye to charge your payment method on the payment date. If a payment is not successful and you do not cancel your Membership Subscription, Bullseye may cancel your account or suspend your access to your Membership Subscription until your payment method has been successfully charged.

8.5 Bullseye may change the Membership Subscription fee from time to time and any price charges or changes to the Membership Subscription will apply from the commencement of the next subscription period after written notice to you.

8.6 You must pay any applicable payment processing fee (such as a credit card fee, bank fees and/or handling fees) on the purchase of any Membership Subscription at the same time as the Membership Subscription plus GST is due to be paid for the subscription.

8.7 If Bullseye is liable to pay GST on the supply of any services and/or products, you must pay to Bullseye the amount equivalent to the GST liability of Bullseye at the same time as the Membership Subscription fee is paid for the services and/or products (unless the Membership Subscription fee for the supply is expressed specifically to be GST inclusive).

8.8 If you purchase an automatically renewing Membership Subscription, the Membership Subscription will continue until terminated and your subscription will renew at the end of the period at Bullseye’s then current price for such Membership Subscription.

8.9 You may cancel or change your Membership Subscription at any time via [insert link or describe where  users cancel or change their Membership].  If you cancel your Membership Subscription you may use your subscription until the end of the current period. You must cancel your Membership Subscription before the end of the current period, otherwise you may be charged for the new subscription period.

8.10 Please note that deleting your account or profile does not cancel your Membership Subscription.

8.11 To the full extent permitted by law, payments are non-refundable and Bullseye does not provide refunds or credit for any partial Membership Subscription period.

9. User Data

9.1. You may be permitted to post, upload, publish, submit or transmit relevant Data on our Website.  By making available any Data on or through our Site, you assign any and all copyright and intellectual property rights, if any, in the Data to us and shall take all actions and sign all such documents reasonably required by Bullseye to effect this.

9.2 You agree that:

(a) you are solely responsible for all Data that you make available on or through our Website (including any alterations you make to postings). Therefore, you should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using the Website. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;

(b) if you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable for you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;

(c) if you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact;

(d) if Bullseye finds or reasonably suspects that you are making illegal or unauthorised postings, your right to make postings will be withdrawn.

9.3 You represent and warrant that: 

(a) you are either the sole and exclusive owner of all Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such Data (as contemplated by these Terms & Conditions); and

(b) neither the Data nor the posting, uploading, publication, submission or transmission of the Data or our use of the Data on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9.4 We do not endorse or approve, and are not responsible for, any Data. We may, at any time (at our sole discretion), remove any Data.

9.5 DISCLAIMER: You agree and acknowledge that:

(a) Bullseye does not endorse or vouch for the accuracy or authenticity of postings of Data on or through our Website;

(b) you are not permitted to make postings of Data on or through our Website as a licensed investment advisor, or a representative of a licensed advisor;

(c) postings of Data on or through our Website are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Before acting on the basis of what is said in a posting, you should:

i. consider consulting a licensed adviser (ASIC’s website at www.asic.gov.au has a list of licensed advisers); and

ii. visit ASIC’s consumer website at www.fido.gov.au for general guidance about investing.

(d) the person making postings are individually responsible for the accuracy and authenticity of their postings;

(e) because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them;

(f) you will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the postings;

(g) securities cannot be offered to you for sale or issue through postings on the Website;

(h) it is advisable that you alert Bullseye or ASIC Infoline on 1300 300 630 if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings.

10. Acceptable User Conduct Policy

10.1 You agree to only use the Website for the Permitted Purposes.

10.2 As a condition of these Terms & Conditions, you agree to only communicate with other users of the Website (both in person and through the Websites’ communication tools) for lawful and legitimate purposes. In addition to section 8(1) above, you agree that:

(a) you will not communicate, post or disseminate any material unrelated to the use of the Website, including (but not limited to):

i. offers of goods or services for sale and unsolicited commercial e-mail;

ii. files that may damage any other person’s computing devices or software;

iii. content or comments that may be offensive to any other users, including but not limited to, that which promotes racism or hatred of any kind or advocates the harassment or intimidation of another person;

iv. material which involves the transmission of spam, junk mail, chain letters or any other unsolicited mass mail; or

v. content, comments or material of any kind in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
(b) When you make any communication, you represent that you are permitted to make such communication, and that the communication is not misleading or deceptive in any way.

(c) Bullseye is under no obligation to ensure that the communications are legitimate or that they are related only to the use of the Website. You must exercise caution when using the communication tools available on the Website. Bullseye reserves the right to remove any communication at any time in its sole discretion and for any reason.

10.3 Use of the Website may be subject to limitations imposed by Bullseye for any reason. You agree and acknowledge that Bullseye may, in its absolute discretion, limit or terminate your right of access to use the Website for any reason, and at any time.

10.4 You indemnify Bullseye against: all claims, costs, damage and loss arising from your use of the Website or for any breach of these Terms & Conditions or any obligation you may have to Bullseye, including (but not limited to) any costs relating to the recovery of costs by Bullseye from you.

11. Prohibited Conduct

11.1 You must not:

(a) use the Website except in your personal capacity;

(b) use the Website for any purpose that is improper, unlawful, or to post, share or transmit any material that:

i. is defamatory, offensive, obscene or otherwise objectionable;

ii. is in breach of confidentiality or privacy or of any third party’s Intellectual Property Rights;

iii. is posted, shared or transmitted for the purpose of advertising or promoting goods or services  (either your own goods or services or the goods or services of any third party) without the prior consent of Bullseye; or

iv. is misleading or misrepresentative as to your identity or which in any way suggests that you represent, are sponsored by, affiliated or connected with Bullseye;

(c) use the Website except for legitimate private use or in any manner which may cause damage or cause any claim to be made against Bullseye;

(d) undertake any of the following acts:

i. set up a fraudulent profile or a profile which contains any false or misleading information;

ii. use other user’s pictures or private information without permission;

iii. request money from other users or otherwise attempt to commit fraud;

iv. use the Website for illegal activities or for promoting illegal activities of any kind;

v. use the Website or meta data, such as up votes, down votes and/or karma in connection with any commercial endeavours whatsoever, including advertising or soliciting any other user to buy or sell any goods and/or services; or

vi. set up or use multiple user accounts, unless Bullseye consents in writing prior.

(e) misuse, do or attempt to do anything that is unlawful, or prohibited by any laws applicable to our Website, or which we consider inappropriate, or which might bring us or our Website into disrepute;

(f) breach any intellectual property rights connected with our Website or the Content;

(g) manipulate, copy, alter, store, tamper with, reproduce, transmit, distribute, disseminate, sell, publish, broadcast, scrape, harvest, mine or circulate any Content or otherwise use any Content , in whole or in part, without the prior written consent of Bullseye;

(h) disassemble, reverse engineer or otherwise decompile the Website or derive or create any software, applications, updates, code, mobile applications or hardware from the Website or information available on the Website, without the prior written consent of Bullseye;

(i) link to the Website if advised by Bullseye not to do so;

(j) commit or encourage a criminal offence using the Website;

(k) do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(l) attempt to access any Confidential Information of third parties or tamper with or circumvent any security procedures embedded in the Website in any way;

(m) use our Website to defame, harass, threaten, menace or offend any person;

(n) interfere with any other user using the Website;

(o) infringe upon the rights of any other person’s proprietary rights using any material on or obtained from our Website;

(p) copy or distribute the Website or undertake any act that would infringe Bullseye‘s Intellectual Property Rights;

(q) tamper with or modify our Website;

(r) hack into, corrupt data or cause annoyance to or interfere with any other users of our Website;

(s) transmit or distribute a  virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or privacy, or in any way offensive or obscene via our Website or that may damage or interfere with our Website;

(t) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;

(u) use our Website to send unsolicited email messages, advertising or promotional material, commonly referred to as “spam”; or

(v) facilitate or assist a third party to do any of the above acts.

12. Third party sites

12.1 Our Site may contain links to external websites, which are not operated by Bullseye (“Linked Sites”). These links are provided as a convenience to you.  Unless expressly stated otherwise, we are not affiliated with these Linked Sites and accordingly have no control, and are not responsible for their content, privacy practices or other policies. Bullseye accepts no liability for the external websites Linked Sites or for any loss or damage that may arise from your use of them and your use of the Linked Sites will be subject to the terms of use contained within each such site.  You should make your own investigations with respect to the suitability of any those Linked Sites.

13. Confidentiality

13.1 You agree to preserve the confidentiality of any Confidential Information of any other person obtained in connection with your use of the Website. You will not, without the prior written consent of the other party, disclose or make any Confidential Information available to any third party, or use another person’s Confidential Information for your own benefit, other than as permitted by these Terms & Conditions.

13.2 You agree that your obligations in respect of all Confidential Information under this clause will survive termination of these Terms & Conditions.

13.3 The provisions of clauses 13.1 and 13.2 shall not apply to any information which is:

(a) or becomes public knowledge other than by a breach of this clause;

(b) received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

(c) in relation to disclosure, Confidential Information that is in your possession prior to the date that you are bound by these terms;

13.4 Notwithstanding the parties obligations in clauses 13.1 to 13.3, you agree that to the extent permitted by law, Bullseye is not liable to you for any breach of confidentiality resulting from disclosure of your Confidential Information that is not within the reasonable control of Bullseye (including any breach to Bullseye’s data security arising from any unauthorised third party access, intrusion or corruption of any kind to the Website).

13.5 You agree that any communications between you and Bullseye are Confidential Information and that you will not disclose such communications to any third party.

14. Intellectual Property

14.1 General: title to, and all Intellectual Property Rights in the Website, the underlying software and code of the Website and any documentation relating to the Website, including all content, trademarks, trade names and Website marks, remain the property of Bullseye or its associated or related entity.

14.2 Ownership of Data: title to, and all Intellectual Property Rights in, the Data are irrevocably assigned to Bullseye once posted on or to the Website.

14.3 Unless otherwise indicated or as otherwise may be the case, we own or license all rights, title and interest (including intellectual property rights) in our Website and all of the Content including but not limited to the firmware. Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Website or the Content.

15. Warranties & Acknowledgments

15.1 You warrant that you are lawfully authorised to enter into these Terms & Conditions.

15.2 You acknowledge that:

(a) you are authorised to use the Website and to access the information and Data that you input via the Website. You also acknowledge that you are authorised to access information and Data that is made available to you through your use of the Website (whether that information and Data is your own or that of anyone else).

(b) To the extent permitted by law, Bullseye has no responsibility to any third party under these Terms & Conditions and nothing in these Terms & Conditions confers, or purports to confer, a benefit on any person other than you.

(c) You read, use and act on the Website and the Content entirely at your own risk.

(d) Your interaction with other users is entirely your responsibility. You agree that:

i. you will take all necessary precautions to protect your financial information, including credit card numbers, bank information or tax file numbers; and

ii. you will ignore any and all requests to send money and report any such request to Bullseye immediately.

(e) Bullseye may not take steps to verify the personal information provided to it by you or by other users.

(f) Bullseye does not currently conduct criminal background checks on users.

(g) Bullseye reserves the right to conduct any background check, including any criminal background check, at any time as a condition of remaining a user.

(h) Your right to access and use the Website is granted on an “as is” basis and at your own risk.

(i) Bullseye does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public communication Websites, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. Bullseye is not in any way responsible for any such interference or prevention of your access or use of the Website.

(j) Bullseye is not liable for, and does not provide you with any advice.

(k) Any guidance and/or recommendation made by Bullseye is provided generally and Bullseye has no liability whatsoever for any such guidance or recommendation.

(l) You remain solely responsible for complying with all applicable laws. It is your responsibility to check that storage of and access to Data via the Website will comply with laws applicable to you (including any laws requiring you to retain records).

15.3 Bullseye gives no warranties about the Website.

15.4 To the maximum extent permitted by law and subject to any non-excludable consumer guarantees and other non-excludable consumer protection provisions set out in the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth), we make no representations or warranties about our Website or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

(c) our Website will be secure.

16. Limitation of Liability

16.1 To the maximum extent permitted by law, and subject to any liability which cannot be excluded under applicable laws, Bullseye excludes all liability and responsibility to you or any other person, including but not limited to any loss or damage whatsoever in contract, tort (including negligence), or otherwise, for any loss (including consequential loss of information, Data, or pecuniary loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Website.

16.2 If, notwithstanding the other provisions of these Terms & Conditions, Bullseye is found to be liable for damage or loss which arises out of or is in any way connected with your use of the Website or the Content, to the maximum extent permitted by law, Bullseye limits it’s maximum aggregate liability to no more than $5,000 (whether pursuant to contract, tort, statute or otherwise).

16.3 You agree to indemnify and hold harmless Bullseye, its directors, agents, officers, employees and affiliates free from any liability, claims, damages or costs (including, but not limited to, legal fees) or responsibility whatsoever, made by any third party, arising from, allegedly arising out of or in connection with your use of the Website , or any breach of these Terms & Conditions or any applicable laws by you, including but not limited to claims in relation to you providing any false or misleading personal information or your making of a false, misleading or inaccurate profile. If you are not satisfied with the Website, you agree that your sole and exclusive remedy is to terminate your use of the Website. It is not necessary for Bullseye, its directors, officers, employees, consultants, agents or affiliates to suffer or incur any liability before enforcing a right of indemnity under these Terms & Conditions.

16.4 To the full extent permitted by law, Bullseye shall not be liable under these Terms and Conditions for your or other third party’s loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind caused or arising as a result of a breach of these Terms and Conditions by Bullseye or in connection with or in relation to these Terms and Conditions, whether or not such loss or damage is foreseeable, foreseen or known and whether or not Bullseye has been advised of or is aware that such damages may be incurred.

17. Termination and Suspension of Use

17.1 Bullseye may terminate your right of access to the Website or suspend your account immediately, without liability and without notice if Bullseye and/or its officers believe that you are in breach of these Terms & Conditions, or that you do not have the full authority to use the Website. You agree that Bullseye may terminate or suspend your account without liability to you. Bullseye is not obliged to disclose to you the reason for termination or suspension.

17.2 Termination of these Terms & Conditions is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.

17.3 These Terms & Conditions will survive termination or suspension of your account and continue in full force and effect, except for any Term which expires by its nature.

18. Discontinuance and access to Website

18.1 From time to time and without notice, we may, restrict access to some parts of or all of this Website or discontinue or terminate access to this Website in whole or in part. We will not be liable if for any reason this Website is unavailable at any time or for any period and we reserve the right to withdraw or amend the Website in whole or in part without notice.

18.2 We may also exclude any person from using our Website, at any time and at our sole discretion.

19. General

19.1 Entire agreement: These Terms & Conditions, together with the Privacy Policy and the terms of any other notices or instructions given to you under these Terms & Conditions supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Bullseye relating to the Website and the other matters dealt with in these Terms & Conditions.

19.2 Waiver: If either party waives any breach of these Terms & Conditions, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

19.3 Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms & Conditions if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

19.4 No Assignment: You may not assign or transfer any rights to any other person without Bullseye’s prior written consent.

19.5 Governing law and jurisdiction: Your use of the Website and these Terms & Conditions are governed by the laws of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and Courts entitled to hear appeals from these Courts.

19.6 Severability: If any part or provision of these Terms & Conditions is held to be void, invalid, illegal, unenforceable or in conflict with any applicable law, that part or provision is deemed to have that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms & Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms & Conditions.

19.7 Notices: Any notice given under these Terms & Conditions by either party to the other must be in writing by email and will be deemed to have been given on transmission.

(a) Notices to Bullseye must be sent to: hello@bullseye.net.au or to any other address notified to you by Bullseye.

(b) Notices to you will be sent to the email address which you provided when setting up your access to the Website.

19.8 Rights of Third Parties: A person who is not a party to these Terms & Conditions has no right to benefit under or to enforce any term of these Terms & Conditions.

19.9 Force Majeure: Bullseye shall not be liable for any default of these Terms & Conditions or the failure to provide the Website or any Content or services due to any event of force majeure including but not limited to war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm, pandemic or other event beyond its reasonable control (“Force Majeure Event”). Bullseye shall have the right to terminate your right to access the Website by notice in writing to you in the event that the Force Majeure Event continues for thirty (30) days.

20. Definitions and Interpretation

20.1 In these Terms & Conditions, the following words have the following meanings unless stated otherwise:

(a)“Confidential Information” means any information identified as being of a confidential nature, or that would be reasonably understood to be of a confidential nature, and includes any personal information about any third party other than personal information disclosed by that party voluntarily through their use of the Website (but for the avoidance of doubt excludes any personal information of a user voluntarily disclosed by their use of the Website);

(b)“Data” means any data uploaded by you or with your authority into the Website, including but not limited to meta data generated by you in response to postings, such as likes, up votes, downvotes and karma points and your personal information; and

(c) “Intellectual Property Rights” means any patent, trade mark, Website mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered or capable of registration.

20.2 In these Terms & Conditions:

(a) all headings are inserted for convenience of reference only and shall be ignored in the interpretation of these Terms & Conditions;

(b) Unless the context otherwise indicates:

i. references  to any statute, ordinance or other law shall include all regulations or other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;

ii. words importing the singular shall include the plural and vice versa, words importing a gender shall include other genders and vice versa and references to an individual or person shall include a firm, body corporate or association (whether incorporated or not);

iii. a reference to a party to this Agreement includes its successors and permitted assigns; and references to currency shall be construed as references to Australian currency unless otherwise specified.

21. Contact

21.1 If you have any questions, concerns or complaints or if you wish to provide a notice to us, please contact us at:

Bullseye AU Pty Ltd (ACN 652 706 637)

Mail: Level 1, 31 Beach Street, Frankston, Victoria 3199, Australia

Email: hello@hullseye.net.au

21.2 Website availability: Whilst Bullseye intends that the Website should be available 24 hours a day, seven days a week, it is possible that on occasions the Website may be unavailable due to maintenance or other development activity. If for any reason Bullseye has to interrupt the Website for longer periods than Bullseye would normally expect, Bullseye will use reasonable endeavours to publish in advance details of such activity on the Website.