PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

Welcome to our website. If You continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern brad’s relationship with You in relation to your use of this website.

By using this website, You signify your acceptance of these terms and conditions of use.

 

Contribution and Golden Ticket Rewards Based Crowd Funding Agreement

 

between

 

The Airline Group Pty Ltd (ACN 649 691 896 )(trading as brad) C/- Moore Australia (WA) 15th Floor, Exchange Plaza. 2 The Esplanade, Perth. Western Australia 6000. (brad) and You (You/Your).

 

Recitals:

 

  1. The Airline Group Pty Ltd (ACN 649 691 896) proposes starting a new domestic airline in Australia which will trade under the name brad.

  2. brad proposes operating a fleet of twin engine, single aisle, narrow body jets across routes that are commercially viable (brad’s network) and will advertise its flights on its reservation system.

  3. brad seeks individuals and organisations who will make non-refundable contributions to brad to assist it in its start up costs to commence airline operations.

  4. You agree to make a non-refundable contribution/s to brad under the Terms and Conditions of this agreement.

  5. All individuals and organisations that make contributions to brad will be given FREE Future Golden Ticket rewards in accordance with the Terms & Conditions of this agreement.

 

Definitions:

 

  • Aisle seat means a seat next to the aircraft aisle.

  • Air Operators Certificate (AOC) means the certificate or licence issued by the Civil Aviation Safety Authority of Australia (CASA) to new airlines in Australia, permitting them to commence scheduled airline operations.

  • Allocated means set apart for a particular purpose or recipient

  • Availability means being able to be obtained or used

  • Bonus means something in addition to what is expected or strictly due.

  • brad basic means similar but different to traditional economy class

  • brad + means similar but different to traditional premium class

  • brad class means similar but different to traditional business class

  • brad flight means one non stop flight between two different Australian cities/towns airport terminals.

  • Civil Aviation Safety Authority of Australia (CASA) means the regulatory body approved by the Federal Government of Australia to issue AOC’s to new airlines in Australia so that they can commence scheduled airline operations and to provide ongoing regulatory oversight to the Australian airline industry.

  • Contribution means something that you contribute, in this case money, to help produce or achieve something together with other people, or help make something successful

  • Comply means in accordance with a wish or command.

  • Deemed means assumed or judged.

  • Each means individual things

  • Entitle means to give (someone) a legal right or a just claim to receive or do something.

  • Forfeit means a right or privilege lost as a legal penalty.

  • Forgo means to give up

  • Free means without cost or payment.

  • Future means at a later time; going or likely to happen or exist

  • Identifier means electronic code

  • Immediately means at once; instantly.

  • Individual means a single human being as distinct from a group

  • Likely means seeming like truth, fact or certainty; reasonably to be believed or expected.

  • Limited means restricted in size, amount, or extent

  • Linked means a relationship between two things.

  • Middle seat means a seat with passengers seated on either side.

  • Non-refundable means not repayable or returnable in any circumstance.

  • Onus means something that is one’s duty or responsibility.

  • Organisation means a company or other group of people.

  • Operational means the safe operations of brad aircraft

  • Outstanding means still in existence.

  • Pitch means the distance from any point on one seat to the same point on the seat in front.

  • Reasonable endeavours means take a reasonable course to achieve the objective that would not be harmful to the Promisor’s commercial interests.

  • Recourse means the legal right to demand compensation or payment.

  • Redeem means to gain possession of something that you are entitled to

  • Relinquish means voluntarily agree to cease or claim; give up

  • Revenue flight means brad flight with fare paying passengers

  • Reward means to give someone something in recognition of his or her contribution.

  • Securities (A security) means is a fungible, negotiable financial instrument that represents some type of financial value, usually in the form of a stock, bond, or option

  • Shares means one of the equal parts into which a company's capital is divided, entitling the holder to a proportion of the profits.

  • Surrender means give up or hand over

  • Up to means maximum

  • Window seat means a seat next to the window.

 

Terms & Conditions:

 

brad Contribution and future FREE Golden Tickets Terms & Conditions:

  1. You agree that You have the following options to make contributions to brad that entitle You to the linked future FREE Rewards being:                          $200 – Flights Under 3 Hours– 4 future FREE brad basic Golden Tickets, 1 complimentary seat per ticket, complimentary 9kg carry on luggage per ticket, complimentary 20kg check in luggage per ticket.                                                                                                                                                                  $200 – 3 hour Flights & Over - 2 future FREE brad basic Golden Tickets, 1 complimentary seat per ticket, complimentary 9kg carry on luggage per ticket, complimentary 20kg check in luggage per ticket.                                                                                                                                                                  $500 – Flights Under 3 Hours – 4 future FREE brad + Golden Tickets, 1 complimentary seat per ticket, complimentary 12kg carry on luggage per ticket, complimentary 30kg check in luggage per ticket.                                                                                                                                                                  $500 - 3 hour Flights & Over - 2 future FREE brad + Golden Tickets, 1 complimentary seat per ticket, complimentary 12kg carry on luggage per ticket, complimentary 30kg check in luggage per ticket.                                                                                                                                                                    - $1,000 – Flights Under 3 Hours – 4 future FREE brad class Golden Tickets, 1 complimentary seat per ticket, complimentary 15kg carry on luggage per ticket, complimentary 40kg check in luggage per ticket.                                                                                                                                                            - $1,000 – 3 hour Flights & Over - 2 future FREE brad class Golden Tickets, 1 complimentary seat per ticket, complimentary 15kg carry on luggage per ticket, complimentary 40kg check in luggage per ticket.                                                                                                                                                           - $10,000 – Flights Under 3 Hours – 45 future FREE brad class Golden Tickets, 1 complimentary seat per ticket, complimentary 15kg carry on luggage per ticket, complimentary 40kg check in luggage per ticket.                                                                                                                                                            $20,000 - 3 Hour Flights & Over - 45 future FREE brad class Golden Tickets, 1 complimentary seat per ticket, complimentary 15kg carry on luggage per ticket, complimentary 40kg check in luggage per ticket.                                                                                                                                                        $50,000 – Flights Under 3 Hours - 139 future FREE brad basic Golden Tickets, 1 complimentary seat per ticket, complimentary 9kg carry on luggage per ticket, complimentary 20kg check in luggage per ticket, 139 future FREE brad + Golden Tickets, 1 complimentary seat per ticket, complimentary 12kg carry on luggage per ticket, complimentary 30kg check in luggage per ticket, 139 future FREE brad class Golden Tickets, 1 complimentary seat per ticket, complimentary 15kg carry on luggage per ticket, complimentary 40kg check in luggage per ticket.                                                          $100,000 – 3 Hour Flights & Over - 139 future FREE brad basic Golden Tickets, 1 complimentary seat per ticket, complimentary 9kg carry on luggage per ticket, complimentary 20kg check in luggage per ticket, - 139 future FREE brad + Golden Tickets, 1 complimentary seat per ticket, complimentary 12kg carry on luggage per ticket, complimentary 30kg check in luggage per seat, - 139 future FREE brad class Golden Tickets, 1 complimentary seat per ticket, complimentary 15kg carry on luggage per ticket, complimentary 40kg check in luggage per ticket.                                                     

  2. Initially, contributions are non-refundable however, if brad fails to meet it's initial target of AUD 1 Million Dollars by midnight December 31 2021, you will be entitled to a refund of your contribution less the credit card commission retained by the credit card company at the time of your payment. Should brad reach it's initial target of AUD 1 Million Dollars at any time prior to midnight December 31 2021, your contribution will remain non-refundable and brad will begin working on it's AOC application. 

  3. You agree that making a contribution/s to brad does not entitle You to any shares or securities in brad whatsoever.

  4. You agree that future FREE Golden Tickets in brad are limited and that when that limit is reached that brad, at its sole discretion, will pause its crowd funding site, without notice and You agree that You will not be able to make any further contribution/s or receive any further future FREE Golden Ticket rewards from that time forward.

  5. You agree that following your contribution to brad that brad will email You confirming receipt of your contribution.

  6. You agree that Your contribution will be used towards the total costs of establishing brad as a domestic airline in Australia, including, but not limited to, brad’s CASA AOC application, the employment of key staff, staff training, the engagement of expert consultants, aircraft lease deposits, aircraft ferry costs to Australia, aircraft registration transfer to the Australian register costs, aircraft livery costs, aircraft cabin retrofit costs, initial aircraft spare parts pool purchase costs, fuel company advanced fuel deposits, reservation system set up costs, corporate headquarter rent deposits & monthly rental fees, corporate headquarter fitout expenses, corporate travel expenses, marketing costs, legal fees & accounting fees.

  7. You agree that whilst the company Directors, Managers & Officers of brad will make reasonable endeavours to ensure the future success of the company You agree that by contributing to the brad campaign that You are supporting the concept of brad becoming a fully operational domestic airline within Australia. Like any early stage project You accept the risk that brad may experience changes, delays, unforeseen challenges, and it’s possible that brad may not come to fruition.

  8. By making a contribution You agree to fully indemnify and hold harmless the Directors, Managers & Officers of brad, against any losses You may incur from, including but not limited to, changes, delays, unforeseen challenges, and/or brad not coming to fruition.

  9. You agree that any claims You may have against brad are limited to the total amount of contribution/s You have made to brad less any credit card commissions/fees or payment gateway commissions/fees charged to You during Your contribution payment on this site.

  10. You agree that brad may not raise enough contributions from contributors during this round of crowd funding to complete the full setup and launch of brad. In accordance with Clause 1, You agree that brad will retain your non-refundable contribution/s raised from this round of crowd funding to commence setting up its airline and You agree that brad will make reasonable endeavours to raise further capital from additional Crowd Funding campaigns and/or other sources to complete its set up and launch brad.

  11. You agree that to be able to operate a domestic airline in Australia that brad is required to apply for an Air Operators Certificate (AOC) from the Civil Aviation Safety Authority of Australia (CASA).

  12. You agree that CASA estimates that it will currently take approximately 12 to 14 months for brad’s AOC application to be processed and issued to brad so that brad can begin domestic airline operations in Australia.

  13. You agree that it may take longer for CASA to issue brad’s AOC due to CASA’s workload at the time brad submits its application and/or due to other unforeseen circumstances.

  14. You agree that by making a contribution/s to brad that You are entitled to a reward/s, being complimentary future FREE Golden Ticket airline seats and complimentary carry on luggage, to the specified weights, and complimentary check in luggage, to the specified weights, as displayed in Clause 1.

  15. You agree that CASA, at its sole discretion, as part of the AOC application process, will nominate when brad can begin selling tickets to the public.

  16. You agree that, in accordance with Clause 15, brad cannot issue your FREE Golden Ticket Rewards until CASA approve brad’s AOC and authorises brad to commence selling tickets on its flights.

  17. You agree that You cannot redeem your Free Golden Ticket rewards until after brad commences airline operations following CASA’s authorization to do so.

  18. You agree that You can only redeem your brad FREE Golden Tickets on brad flights and not on any other airline.

  19. You agree that a maximum of ten per cent (10%) of all seats in each of brad’s classes, as described in Clause 23, on each brad flight, will be available for You to reserve with your FREE Golden Tickets, on the day You reserve Your seat.

  20. In accordance with Clause 19, as a brad FREE Golden Ticket holder You agree that the onus is on You to reserve Your brad FREE Golden Tickets seats on brad flights under the following Terms & Conditions:

- You agree to reserve your brad special ticket/s seat/s, up to 14 days prior to the departure date of any brad flight.

- You agree that from the 13th day prior to the flight departure that any brad FREE Golden Ticket seats that are not reserved by brad FREE Golden Ticket holders, will default back to the brad online reservations system for sale to the general public by brad.

- You agree that any brad FREE Golden Ticket seats that have not sold to the general public 48 hours prior to the departure of any brad flight will become available for reservation again by all brad FREE Golden Ticket holders.

- If all brad FREE Golden Ticket seats are ‘sold out’, on any brad flight, you agree that you can enter your name on a brad standby list 4 hours prior to any brad flight departure and present yourself in person to the brad check-in desk at the departure airport two (2) hours prior to the brad flight departure time that You would like to fly on.

- You agree that all full fare paying passengers on the brad standby list will always take precedence over brad FREE Golden Ticket holders who are on the brad standby list on any given brad flight.

- You agree, that all empty aircraft seat/s, not taken up by full fare paying passengers on the brad standby list one (1) hour prior to any brad aircraft departure, on any brad flight, across the entire brad network, will be available to brad FREE Golden Ticket holders to occupy, that are on the brad standby list, waiting at the airport.

  21. You agree that You have three (3) years to redeem your brad FREE Golden Tickets from the date of the first brad revenue flight and You agree that the          onus is solely on You to reserve & redeem Your brad FREE Golden Ticket seats within the three (3) year period.

  22. In accordance with Clause 21, where You fail to reserve Your brad FREE Golden Ticket seats for any reason, whatsoever, within the three (3) year                  period, You agree that You will immediately forfeit all unused brad FREE Golden Tickets at no recourse to brad.

  23. You agree that brad will offer 3 classes of seats on its aircraft being:

- brad basic

- brad +

- brad class

  24. You agree that one FREE Golden Ticket permits You to reserve one (1) free seat in the class of seat & within the maximum flight time that You have               been allocated as described in Clauses 1 & 23, on one brad flight, over the entire brad network, being offered on the brad online reservations system           on the date you reserve your seat, subject to availability in accordance with Clauses 19, 20, 21, 22 & 23.

  25. You agree that Your FREE Golden Tickets only permit You to reserve middle row & aisle seats.

  26. In accordance with Clause 19 & 25, You agree that Your FREE Golden Tickets do not permit You to reserve any window seats on brad aircraft unless            other FREE Golden Ticket holders & fare paying passengers have reserved/purchased every middle row and aisle seats available to                                        reserve/purchase on Your brad flight, at the time You make Your reservation.

  27. In accordance with Clauses 25 & 26 You agree that, subject to free middle row & aisle seats being available, You can reserve a window seat if You are          prepared to pay the price to occupy a window seat as displayed on the brad reservation system, on the brad flight, on the day you choose to fly.

  28. You agree that with each class of seat that You are entitled to reserve in accordance with Clauses 23 & 24 that you will be entitled to the following                 complimentary carry on luggage and check in luggage:

- brad basic   Up to 9kg carry on & Up to 20kg check in luggage

- brad +          Up to 12kg carry on & up to 30kg check in luggage

- brad class   Up to 15kg carry on & up to 40kg check in luggage

  29. In accordance with Clause 28, You agree, for operational reasons, You may have a restriction placed on the total weight of complimentary carry on &            check in luggage that you can take on any given brad flight, as determined at the sole discretion of brad, to comply with CASA rules & regulations                and/or the safety of Your brad flight and You agree to comply without recourse to brad.

  30. In accordance with Clauses 23 & 24 You agree to accept the type and style of seat and the seat pitch (legroom), in the class of your FREE Golden                  Ticket flight as presented on your brad flight on the day of your flight, without recourse to brad.

  31. You agree that once you have reserved your seat on your brad flight that You will be required to pay all government & airport fees, taxes & charges &           GST (If applicable) in relation to the brad flight route you select.

  32. You agree that any taxes at an individual or corporate level that are deemed against You or Your company by the tax authorities in your country will             be paid by You and/or your company at no recourse to brad.

  33. In accordance with Clauses 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 & 32, at the time brad opens its reservations system to                    accept brad FREE Golden Tickets reservations/bookings You agree that brad will issue You with an “identifier” so that You can begin                                        booking/redeeming Your brad FREE Golden Tickets.

  34. You agree that You are solely responsible to secure Your brad FREE Golden Ticket “identifier” at all times.

  35. In accordance with Clause 34, You agree that if a third party gains access to Your brad FREE Golden Ticket identifier, for any reason whatsoever and            redeems Your seat, You agree that You immediately forfeit Your right to using that brad FREE Golden Ticket, at no recourse to brad.

  36. You agree that brad, at its sole discretion, without notice, for commercial reasons, can temporarily/permanently cease operating any brad flight                   across its network and if You are affected, You agree to rebook your flight on an alternate brad flight, without any recourse to brad, whatsoever.

  37. You agree that brad, at its sole discretion can, at any time, without notice, for commercial reasons, immediately cease offering any of the classes of            seats described in Clauses 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 & 30 on some or all brad flights, across its entire network & You                  agree, in this event, to fly in a lower class of seat, as required at no recourse to brad whatsoever.

  38. You agree In accordance with Clauses 37, where brad chooses to cease offering Your class of seat on some or all of its routes across its network and          You fly in a Class of seat below the Class of seat that You were originally rewarded on those selected routes, You agree that brad FREE Golden Ticket          holders will be compensated with Bonus seats, as follows:

- brad class FREE Golden Ticket holders will be issued with either 1.5 brad + FREE Golden Ticket seats for every brad class FREE Golden Ticket they surrender or 2 brad basic FREE Golden Ticket seats for every brad class FREE Golden Ticket they surrender.

- brad + FREE Golden Ticket holders will be issued with 1.5 brad basic FREE Golden Ticket seats for every brad + FREE Golden Tickets they surrender.

  39. In accordance with Clauses 37 & 38, where brad reduces any of its classes, but only on some selected routes, if You choose to redeem Your brad                  FREE Golden Ticket to fly on one individual route not offering the Class of ticket You originally purchased, in a Class of seat below what Your brad                FREE Golden Ticket entitles You, You agree that You can trade Your bonus seat/s described in Clause 38 back up to Your brad FREE Golden Ticket                  Class as follows:

- brad class FREE Golden ticket holders will be compensated with one (1) complimentary brad Business Class special ticket after surrendering three (3) brad + Class seats four (4) brad basic Class seats back to brad.

- brad + Class FREE Golden Ticket holders will be compensated with one (1) complimentary brad + Class special ticket after surrendering  three (3) brad Basic Economy Class seats back to brad.

  40. In accordance with all the Terms & Conditions in this agreement You agree that each individual brad FREE Golden Ticket is fully transferable once                under the following Terms & Conditions:

- You agree that You can transact, sell, transfer some or all of Your brad FREE Golden Tickets ONCE to Australian or New Zealand citizens or permanent residents.

- You agree that You will be charged a AUD$15 transfer fee by brad for each FREE Golden Ticket You choose to transfer and agree to pay the fee to brad at the time of transferring.

- You agree that, as the transferor, it is Your responsibility to ensure that the transferee is aware of all of the Terms & Agreements as laid out in this agreement & ensure the transferee agrees in full before transferring Your Free Golden Ticket/s to the transferee.

  41. In accordance with Clause 40 You agree that You are soley responsible to pay all ATO taxes, government charges & other fees & charges deemed                  chargeable to You in accordance with Your transfer transaction.

  42. In accordance with Clause 41 You agree, for security reasons, that You are to advise brad of the name and personal details of the third party that You          intend to transact/transfer Your brad special ticket entitlements to.

  43. In accordance with Clauses 42, You agree NOT to complete Your transfer/transaction until it has been approved by brad.

  44. You agree that brad, for commercial reasons, reserves the right to cancel any flight or consolidate two (2) or more flights across its entire network,              at any time, for any reason, without notice, at brad’s sole discretion without recourse to brad.

  45. You agree that where brad consolidates two or more flights into one flight, in accordance with Clause 44, brad will make reasonable endeavours to              accommodate all brad Free Golden Ticket holders onto the new consolidated flight.

  46. In accordance with Clauses 44 & 45, You agree that where brad is unable to accommodate You on a cancelled flight or accommodate You on a                      consolidated flight and You are asked to forgo that flight, You agree that You will relinquish your seat on the above said flight without recourse to brad.

  47. In accordance with Clauses 44, 45 & 46, where brad is the cause of You not flying on the flight that You were booked You agree that You can re book              Your relinquished brad Free Golden Ticket again on any future brad flight, within one (1) year of the date you relinquished Your seat or in accordance          with Clauses 21 & 22, being the original three (3) year anniversary, whichever comes later, without recourse to brad, under the terms & conditions of          this agreement.

  48. In accordance with Clauses 44, 45 & 46, brad agrees that should this situation occur and brad cancels Your flight and/or You are requested by                      brad to relinquish Your seat You shall be compensated with one (1) additional bonus brad FREE Golden Ticket seat, in the same class of Your original          FREE Golden Ticket seat that You agreed to relinquish, to be used within one year (12 months) of the date You relinquished Your seat, under the                    terms & conditions of this agreement.

  49. In accordance with Clauses 48, You agree that relinquishing Your seat without being requested to do so by brad does not entitle You to any                            compensation of bonus seats whatsoever, or any recourse to brad.

  50. In accordance with Clause 44, 45 & 46, You agree that You are solely responsible for any costs, including but not limited to meals, accommodation                and/or transport, associated with You relinquishing any ticket on any brad flight and agree that, without recourse, You will NOT claim these costs                  from brad.

  51. You agree that brad may never fly to/from your home city/town and it is solely your responsibility, at your expense, to relocate yourself to any                       city/town, advertised on the brad online reservations system, to redeem your selected brad FREE Golden Ticket flight, at no recourse to brad.

  52. In accordance with Clause 51 You agree that You are solely responsible for all costs and expenses associated with You relocating to another                          city/town to redeem your brad FREE Golden Ticket, including but not limited to meals, accommodation & transports costs at no recourse to brad.

  53. In accordance with all the Terms & Conditions of this agreement, You agree that brad may not operate sufficient brad flights, if any at all, to Your                  desired destination, for You to redeem Your brad FREE Golden Ticket seat on that brad flight.

  54. In accordance with Clause 53, You agree, subject to availability, that You will use multiple brad FREE Golden Tickets to re route to the destination of              Your choice on multiple brad flights.

  55. In accordance with Clauses 51 & 54 You agree that You are solely responsible for all costs associated with You using multiple brad FREE Golden                  Tickets to re route to the destination of Your choice, including but not limited to meals, accommodation & transports costs, at no recourse to brad.

  56. In accordance with Clauses 53, 54 & 55 You agree that where it is not possible to redeem Your brad FREE Golden Ticket/s seat, on a brad flight/s, to            Your desired destination, whether directly or indirectly, that You are willing to select an alternative brad flight to an alternative destination, as                        displayed on the brad reservation system, at no recourse to brad.

  57. You agree that brad does not carry any unaccompanied minors, under 15 years of age, whatsoever, on any of its brad flights, unless they are                        accompanied by a responsible person aged 15 years or older, known to You & approved by You.

  58. Notwithstanding Clause 57, You agree that brad reserves the right, at its sole discretion, to refuse entry to any accompanied/unaccompanied minor            on any of its aircraft where it deems the accompanied/unaccompanied minor is a risk to themselves or the safety of other brad passengers or the              brad flight at no recourse to brad.

  59. You agree to abide by brad’s dress codes for each of the brad classes being, brad basic, brad + or brad class, on the day of Your flight & agree that                You will not be permitted to board any brad flight unless You are dressed accordingly.

  60. In accordance with Clause 59, You agree that if You are not permitted to board Your brad flight that You will forfeit Your FREE Golden Ticket for that              flight without recourse to brad.

  61. You agree to abide by all the Terms & Conditions written on your airline ticket you receive when You redeem Your FREE Golden Tickets in addition to             the Terms & Conditions in this agreement.

  62. AMENDMENT OF TERMS & CONDITIONS: We reserve the right to change, modify, add or remove portions of these terms at any time. Please check                these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or                            substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement            and acceptance that these Terms & Conditions govern your and brad’s rights and obligations to each other.

  63.  LIMITATION OF LIABILITY: It is an essential pre-condition to You using our website that you agree and accept that brad is not legally responsible for             any loss or damage You might suffer related to your use of the website, whether from errors or from omissions in our documents or information,                 any goods or services we may offer or from any other use of the website. This includes Your use or reliance on any third party content, links,                         comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at Your own risk, for which we                   shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet your             specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly                         exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

64.   COMPETITION AND CONSUMER ACT: For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of            Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), brad’s liability for any breach of a term of this agreement is                    limited to: the supplying of the goods or services to You again; the replacement of the goods; or the payment of the Goods or Services supplied to You          again.

65.  You must be over 18 years of age to use this website and to purchase any Goods or Services.

66.  DELIVERY OF GOODS: In accordance with Clause 33 above, all future FREE Golden ticket identifiers will be delivered digitally. Digital goods are                      delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any              technical problems downloading any of our goods, please contact us so that we may try to assist You.

67.   RETURNS AND REFUNDS: brad handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Note all            Contributions to brad are non-refundable. Note all future FREE Golden Tickets are non-returnable but are transferable, once, in accordance with                  Clauses 40, 41, 42 & 43 above.

68.   LINKS TO OTHER WEBSITES: brad may from time to time provide on its website, links to other websites, advertisements and information on those                websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between                                            crowdfundingbrad.com and the owners of those websites. brad takes no responsibility for any of the content found on the linked websites. brad’s                website may contain information or advertisements provided by third parties for which brad accepts no responsibility whatsoever for any                            information or advice provided to You directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we              take any responsibility for any advice received in this regard.

69.   DISCLAIMER: To the fullest extent permitted by law, brad absolutely disclaims all warranties, expressed or implied, including, but not limited to,                    implied warranties of merchantability and fitness for any particular purpose. brad gives no warranty that the documents, goods or services will be              free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all            times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations                  regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability,              accuracy, reliability, or otherwise. It is Your sole responsibility and not the responsibility of brad to bear any and all costs of servicing, repairs, or                  correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties.                  Some of the above may not apply to You but You must ensure You are aware of any risk you may be taking by using this website or any products or              services that may be offered through it. It is Your responsibility to do so.

70.   YOUR PRIVACY: At brad, we are committed to protecting Your privacy. We use the information we collect about You to maximize the services that we            provide to You. We respect the privacy and confidentiality of the information provided by You and adhere to the Australian Privacy Principles. Please            read our separate Privacy Policy carefully. You may change Your details at any time by advising us in writing via email. All information we receive                from our customers is protected by our secure servers. brad secure server software encrypts all customer information before it is sent to us.                      Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

71.   THIRD PARTIES: We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any                        reference to Your name, Your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In              addition, we may use the information that You provide to improve our website and services but not for any other purpose.

72.   DISCLOSURE OF INFORMATION: brad may be required, in certain circumstances, to disclose information in good faith and where brad is required to             do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights,                     property or safety of our customers or third parties.

73.    EXCLUSION OF COMPETITORS: If You are in the business of creating similar documents, goods or services for the purpose of providing them for a               fee to users, whether they be business users or domestic users, then you are a competitor of brad. brad expressly excludes and does not permit                 you to use or access our website, to download any documents or information from its website or obtain any such documents or information                         through a third party. If you breach this term then brad will hold you fully responsible for any loss that we may sustain and further hold you                           accountable for all profits that you might make from such unpermitted and improper use. brad reserves the right to exclude and deny any person               access to our website, services or information in our sole discretion.

74.   COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE: This website contains material which is owned by or licensed to us. This material includes,               but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information             or materials on the website for the purposes of sale or the use by any third party. In particular You are not permitted to republish, upload, transmit               electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this              website. brad expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to           take action against You if You breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited                 other than the following: You may print or download to a local hard disk extracts for Your personal and non-commercial use only; and You may copy            the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not,                 except with our express written permission, distribute or commercially exploit the content. Nor may You transmit it or store it in any other website               or other form of electronic retrieval system.

75.    WHOLE AGREEMENT: These terms and conditions represent the whole agreement between You and brad concerning your use and access to brad’s             website and Your use and access to the documents and information on it. No other term is to be included in this agreement except where it is                       required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and                   which cannot be expressly excluded are hereby expressly excluded.

76.    EXCLUSION OF UNENFORCEABLE TERMS: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any             State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and               conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and               part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify           the full enforceability and construction of the other clauses of these terms and conditions.

77.   JURISDICTION: This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between You and                   brad that results in litigation then You agree to submit to the exclusive jurisdiction of the courts of Western Australia.