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TERMS AND CONDITIONS

HUNTED BY MONKEYS PTY LTD

ACN 681 800 902

1 September 2025

BACKGROUND

The Company operates an online platform www.everlinger.com that utilises artificial intelligence technology to create personalised children's books incorporating user-supplied photographic images;
The Company recognises its paramount obligation to ensure the safety, privacy and protection of minors whose images may be processed through the platform;
These Terms and Conditions constitute a binding legal agreement between the Company and any person who accesses or uses the platform;

AGREED TERMS

In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are now acknowledged, the parties agree as follows:

1. DEFINITIONS AND INTERPRETATION

Definitions

In these Terms and Conditions, unless the context otherwise requires:

"AI Provider" means any third party entity that supplies artificial intelligence technology, models, or services utilised by the Platform, including but not limited to providers of large language models, image generation systems, and machine learning infrastructure.

"Account Holder" means a natural person who has successfully registered for an account on the Platform and who bears full responsibility for all activities conducted under such account..

"Child" or "Minor" means any natural person under the age of eighteen (18) years, or any person who is considered a minor under the laws of their jurisdiction of residence, whichever provides greater protection.

"Company", "we", "us" or "our" means Hunted By Monkeys Pty Ltd ACN 681 800 902 and its related bodies corporate as defined in the Corporations Act 2001 (Cth).

"Confidential Information" means all information of a confidential nature disclosed by one party to another, including but not limited to personal information, photographic images, account details, and any information relating to minors.

"Content" means any and all text, images, photographs, illustrations, data, information, or other materials uploaded to, generated by, or accessible through the Platform.

"Generated Work" means any personalised children's book or related output created through the Platform's artificial intelligence systems, incorporating User Content and AI-generated elements.

"Intellectual Property Rights" means all intellectual property rights throughout the world, including but not limited to copyright, patents, trademarks, designs, trade secrets, know-how, confidential information, and all other proprietary rights, whether registered or unregistered.

"Personal Information" has the meaning given in the Privacy Act 1988 (Cth) and includes any information or opinion about an identified individual or an individual who is reasonably identifiable.

"Platform" means the website, application, and all associated services operated by the Company.

"Prohibited Content" means any Content that:

promotes hate, racism or violence;
is an image or representation of any person (including any celebrity or politician) who has not given their written approval for such use;
Any excessive use of the Platform that that we do not consider to be reasonable ‘fair use’); or
violates these Terms, applicable laws, or the Company's content policies, with particular emphasis on Content that may harm, exploit, or endanger minors.

"Terms" means these Terms and Conditions, as amended from time to time in accordance with the provisions herein.

"User", "you" or "your" means any person who accesses or uses the Platform, whether as an Account Holder or otherwise.

"User Content" means any Content, including but not limited to photographs, text, and other materials, uploaded or submitted to the Platform by a User.

Interpretation

In these Terms, unless the context otherwise requires:

the singular includes the plural and vice versa;
a reference to a person includes a body corporate, an unincorporated body, or other entity and vice versa;
a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it, and a regulation or statutory instrument issued under it;
headings are for convenience only and do not affect interpretation; and
a reference to "includes" or "including" means "includes without limitation" or "including without limitation".

ACCEPTANCE AND AMENDMENT OF TERMS
1. Binding Agreement
  1. These Terms constitute a legally binding agreement between you and the Company.
  2. By accessing, browsing, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
  3. If you do not agree to these Terms, you must immediately cease all use of the Platform and may not access any of its features or services.
2. Capacity to Contract
  1. You represent and warrant that you have the legal capacity to enter into these Terms.
  2. Without limiting the generality of the foregoing, you specifically represent that you are at least eighteen (18) years of age and possess the mental capacity to understand and be bound by contractual obligations.
  3. If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind such entities to these Terms.
3. Parental and Guardian Responsibilities
  1. Given the nature of our services involving the creation of Content featuring minors, any person who uploads or authorises the use of images of minors represents and warrants that they are either the parent or legal guardian of such minors or have obtained express written consent from the parent or legal guardian.
  2. Such consent must be documented and made available to the Company upon request.
  3. The Account Holder assumes full responsibility for ensuring that all use of minors' images complies with applicable laws, including but not limited to laws relating to privacy, child protection, and parental consent.
4. Amendment of Terms
  1. The Company reserves the right, in its sole and absolute discretion, to modify, amend, or replace these Terms at any time.
  2. Any such modifications will become effective immediately upon posting on the Platform unless otherwise specified.
  3. The Company will endeavour to provide notice of material changes through the Platform interface or via email to the address associated with your account.
  4. Your continued use of the Platform following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.
CHILD SAFETY AND PROTECTION FRAMEWORK
1. Paramount Commitment to Child Safety
  1. The Company acknowledges that the safety, dignity, and protection of minors is of paramount importance and supersedes all other commercial considerations.
  2. The Company maintains a comprehensive child safety framework that includes technological safeguards, human oversight, Content moderation, and cooperation with relevant authorities.
  3. This framework is designed to prevent the creation, distribution, or facilitation of any Content that could harm, exploit, or endanger minors in any way.
  4. To mitigate risks, the Company conducts regular audits, implements multi-layered AI filters to detect inappropriate Content, and ensures compliance with international child protection standards such as those under the UN Convention on the Rights of the Child.
2. Mandatory Age Verification and Account Restrictions
  1. No person under the age of eighteen (18) years may create an account or use the Platform's services.
  2. Any account found to be created by or for a minor will be immediately terminated without notice.
  3. Adults who create accounts must ensure that minors cannot access their accounts without direct supervision and are responsible for any use of their accounts by minors.
  4. To further mitigate risks, accounts suspected of underage use will be flagged and investigated promptly.
3. Consent Requirements for Minors' Images
  1. Before uploading any image of a minor or of any person to the Platform, the User must possess and maintain documented evidence of lawful authority to use such images.
  2. This authority must derive from either being the parent or legal guardian of the minor, or having obtained express written consent from the parent or legal guardian.
  3. Such consent must be informed consent, meaning the consenting party understands the nature of the Platform's services, how the images will be used, and the AI processes involved, including potential data processing risks.
  4. The Company reserves the right to request proof of such consent at any time, and failure to provide satisfactory evidence will result in immediate removal of the Content and may result in account termination.
  5. All consents must comply with applicable laws, such as the Australian Privacy Principles and child protection regulations.
4. Prohibited Activities Involving Minors
  1. Users are strictly prohibited from uploading, creating, or attempting to create any Content that:

a) sexualises minors in any way whatsoever, depicts minors in dangerous, harmful, or inappropriate situations;

b) violates any child protection laws or regulations in any jurisdiction;

c) could be used to identify the location, school, or contact details of minors;

d) includes unnecessary personal information about minors;

e) depicts minors in states of undress or partial undress regardless of contex;

f) could cause embarrassment, distress, or harm to any minor now or in the future; or

g) exploits the image or likeness of minors for any inappropriate purpose.

Violation of this clause will result in immediate account suspension, Content deletion, and reporting to authorities, with the Company cooperating fully in investigations to ensure compliance and risk mitigation.

Content Review
1. The Company reserves the right to refuse to generate or deliver any Content that, in its sole discretion, may violate these Terms or pose any risk to minors.
2. To enhance compliance, moderation logs are maintained, and third-party audits are conducted annually.
Reporting and Cooperation with Authorities
1. The Company maintains a zero-tolerance policy regarding child exploitation and abuse.
2. Any suspected illegal activity involving minors will be immediately reported to the Australian Federal Police, the Australian Centre to Counter Child Exploitation, relevant state and territory police forces, and any other appropriate authorities, including international bodies if necessary.
3. The Company will preserve all relevant evidence and cooperate fully with law enforcement investigations.
4. Users who become aware of any potentially harmful Content or behaviour must immediately report it to the Company's safety team via a dedicated hotline or email.
5. This ensures rapid risk mitigation and adherence to mandatory reporting laws.

NATURE AND LIMITATIONS OF SERVICES
1. Description of Services
  1. The Platform provides a service whereby Users may upload photographic images and utilise artificial intelligence technology to create personalised children's books.
  2. This process involves sophisticated machine learning algorithms that analyse uploaded images, generate character representations based on those images, and incorporate these representations into pre-designed or dynamically generated narrative structures.
  3. The Company acts as an intermediary between Users and various AI Providers, facilitating the creation of personalised Content while maintaining safety and quality standards, with all processes audited for child safety compliance.
2. Technological Dependencies and Limitations
  1. The User acknowledges and accepts that the Platform's services depend upon third-party AI technologies that are rapidly evolving and inherently unpredictable.
  2. These technologies, including but not limited to large language models, diffusion models, and other machine learning systems, operate through complex statistical processes that cannot guarantee consistent or perfect outputs.
  3. The quality, accuracy, and appropriateness of Generated Works may vary based on numerous factors including but not limited to the quality and nature of uploaded images, the current state of AI technology, computational resources available, and random variations inherent in AI systems.
  4. In order to mitigate risks, the Company implements fallback mechanisms.
3. No Guarantee of Specific Outcomes
  1. The Company makes no representation, warranty, or guarantee regarding the specific appearance, quality, or characteristics of any Generated Work.
  2. While the Company strives to produce high-quality personalised books that meet User expectations, the inherent nature of AI technology means that results may not always align with User preferences or expectations.
  3. Multiple attempts may be required to achieve desired results, and in some cases, the Platform may be unable to generate satisfactory Content from certain uploaded images due to safety filters or technical limitations.
4. Service Availability and Modifications
  1. The Company reserves the right to modify, suspend, discontinue, or restrict any aspect of the Platform's services at any time without prior notice and without liability to Users.
  2. This includes but is not limited to changing AI Providers, modifying generation algorithms, updating Content templates, altering service features, or implementing new safety measures to enhance child protection and compliance.
  3. The Company does not guarantee continuous, uninterrupted, or error-free operation of the Platform and may perform maintenance, updates, or modifications that temporarily affect service availability.
5. Human Review and Intervention
  1. Notwithstanding the automated nature of the AI generation process, the Company reserves the right to implement human review and intervention at any stage of the Content creation process.
  2. This may include but is not limited to pre-generation review of uploaded images for compliance with child safety standards, modification of AI-generated Content to ensure appropriateness, rejection of Content that poses safety concerns, and post-generation quality assurance.
  3. Such interventions are conducted to maintain safety standards and service quality but do not constitute a guarantee that all inappropriate Content will be identified or prevented; however, they form part of the Company's risk mitigation strategy.
USER OBLIGATIONS AND RESPONSIBILITIES
1. Account Registration and Maintenance
  1. Users who create accounts on the Platform undertake to provide complete, accurate, and current information during the registration process and to maintain the accuracy of such information through prompt updates when necessary.
  2. Users are solely responsible for maintaining the confidentiality and security of their account credentials and must not share, transfer, or permit others to use their accounts.
  3. Any activity conducted through a User's account will be deemed to have been authorised by the Account Holder, who bears full responsibility for such activity regardless of whether it was actually authorised.
  4. We recommend that you use two-factor authentication.
2. Lawful Use and Compliance
  1. Users must use the Platform only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms.
  2. Without limiting the generality of the foregoing,

Users must comply with all laws relating to privacy, data protection, child protection, intellectual property, and consumer protection.
Users must not use the Platform in any manner that could damage, disable, overburden, or impair the Platform's servers or networks, or interfere with any other party's use and enjoyment of the Platform.
breaches will result in immediate suspension to mitigate risks to the Platform and other users.

Content Standards and User Warranties
1. By uploading any Content to the Platform, Users represent and warrant that they own or have all necessary rights, licenses, consents, and permissions to use and authorise the Company to use such Content in accordance with these Terms.
2. Users further warrant that their Content does not infringe, violate, or misappropriate any third-party rights, including but not limited to Intellectual Property Rights, privacy rights, or publicity rights.
3. Users must ensure that all uploaded Content is accurate, not misleading, and complies with the Company's Content guidelines and community standards, with special attention to child safety.
Prohibited Conduct
1. Users are strictly prohibited from engaging in any conduct that:

a) violates applicable laws or regulations;

b) infringes upon the rights of others;

c) compromises the safety or privacy of minors;

d) attempts to gain unauthorised access to the Platform or its systems;

e) uses automated systems or software to extract data from the Platform;

f) creates false or misleading accounts or Content;

g) harasses, threatens, or harms other Users or Company personnel;

h) circumvents or attempts to circumvent any security or Content filtering measures;

i) reverse engineers or attempts to discover the Platform's source code or algorithms; or

j) uses the Platform for any commercial purpose without express written authorisation from the Company.

Violations will trigger automated and manual reviews for compliance enforcement.

Supervision of Generated Content
1. Users acknowledge their responsibility to carefully review all Generated Works before sharing, distributing, or publishing them in any manner.
2. Users must ensure that Generated Works are appropriate for their intended audience and do not contain any unintended or inappropriate Content.
3. The Company strongly recommends that in order to mitigate privacy and safety risks, Users do not publicly share Generated Works containing images of minors on social media or other public platforms where they may be accessed by unknown third parties.

INTELLECTUAL PROPERTY RIGHTS
1. User Content Ownership and License
  1. Users retain all ownership rights in the original photographic images and other Content they upload to the Platform.
  2. However, by uploading Content to the Platform, Users grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content solely for the purposes of:

operating and providing the Platform's services;
generating personalised books as requested by the User; and
improving the Platform's functionality and safety measures.

This license specifically excludes the right to use images of minors for training AI models or for any purpose other than creating the specific Generated Works requested by the User, ensuring compliance with data protection laws.

Generated Works and Derivative Rights
1. Generated Works created through the Platform constitute derivative works that incorporate both User Content and AI-generated elements.
2. The ownership and licensing of Generated Works will be as follows:

Users receive a personal, non-exclusive, non-transferable license to use Generated Works for personal, non-commercial purposes;
the Company retains all rights to the AI-generated elements, story templates, artistic styles, and generation methodologies, and any commercial use of Generated Works requires a separate commercial license agreement with the Company; and
Users may not claim exclusive rights to AI-generated elements or prevent others from creating similar works through the Platform.

Platform Intellectual Property
1. The Platform, including but not limited to its software, algorithms, user interface, design elements, Content templates, AI models, and all improvements or modifications thereof, constitutes proprietary property of the Company protected by Intellectual Property Rights.
2. Users are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely in accordance with these Terms.
3. Users must not copy, modify, distribute, sell, lease, or create derivative works based on the Platform or its underlying technology.
Feedback and Suggestions
1. Any feedback, suggestions, ideas, or other communications provided by Users regarding the Platform will become the exclusive property of the Company.
2. The Company will be free to use, disclose, reproduce, modify, license, transfer, and distribute such feedback without compensation or attribution to the User.
3. Users now irrevocably assign all rights, title, and interest in such feedback to the Company and agree to execute any documents necessary to perfect such assignment.

PRIVACY AND DATA PROTECTION
1. Compliance with Privacy Laws
  1. The Company collects, uses, stores, and discloses Personal Information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles contained therein, and all other applicable privacy and data protection laws, including GDPR for international users.
  2. The Company's detailed privacy practices are set forth in its Privacy Policy, which forms an integral part of these Terms.
  3. Users consent to the collection and use of their Personal Information as described in the Privacy Policy and these Terms.
2. Enhanced Data Protection
  1. The Company implements enhanced security and privacy measures for any data relating to minors, including but not limited to photographic images.
  2. Such data is encrypted both in transit and at rest using industry-standard encryption protocols (e.g., AES-256), stored separately from general user data with additional access controls, accessible only to authorised personnel for legitimate purposes, never sold, licensed, or transferred to third parties for marketing or advertising purposes, and never used for training or improving AI models without explicit, specific consent from the parent or guardian.
3. Data Retention and Deletion
  1. The Company retains User data, including uploaded images and Generated Works, for the duration of the User's account activity and for such additional periods as may be necessary to comply with legal obligations, resolve disputes, or enforce agreements.
  2. Users may request deletion of their data, including images of minors, at any time through their account settings or by contacting the Company's privacy team.
  3. Upon receipt of a valid deletion request, the Company will delete the requested data from active systems within thirty (30) days, though backup copies may persist for up to ninety (90) days.
  4. Some data may be retained in anonymised or aggregated form for statistical or analytical purposes, ensuring no re-identification risks.
4. International Data Transfers
  1. Users acknowledge that the Platform's operations may require the transfer of data, including Personal Information, to servers and facilities located outside of Australia.
  2. Such transfers will be conducted in accordance with applicable data protection laws and with appropriate safeguards (e.g., Standard Contractual Clauses or Binding Corporate Rules) to ensure the continued protection of Personal Information.
  3. By using the Platform, Users consent to such international transfers of their data.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
1. Service Provided "As Is"
  1. THE PLATFORM AND ALL SERVICES PROVIDED THEREUNDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
2. No Guarantee of Accuracy or Appropriateness
  1. The Company makes no representation or warranty regarding the accuracy, reliability, completeness, or appropriateness of any Generated Works or other Content produced through the Platform.
  2. Users acknowledge that AI technology is inherently unpredictable and may produce unexpected, inaccurate, or inappropriate results despite the Company's best efforts to implement safety measures and Content moderation.
  3. The Company does not warrant that Generated Works will meet Users' expectations or be suitable for any particular purpose.
3. Limitation of Liability
  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILLl THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PLATFORM, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Cap on Liability
  1. Despite any other provision of these Terms, the Company's total aggregate liability to any User for all claims arising out of or relating to these Terms or the use of the Platform will not exceed the greater of:

a) the amount paid by such User to the Company in the twelve (12) months preceding the event giving rise to liability; or

b) one hundred Australian dollars (AUD $100).

Indemnification
1. Users agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising from or relating to the User's use of the Platform, violation of these Terms, violation of any rights of third parties, including but not limited to Intellectual Property Rights and privacy rights, any harm caused to minors resulting from the User's actions or Content, or any breach of the User's representations and warranties set forth in these Terms.

DISPUTE RESOLUTION
1. Governing Law and Jurisdiction
  1. These Terms and any dispute arising out of or in connection with these Terms or the use of the Platform will be governed by and construed in accordance with the laws of the New South Wales, Australia, without regard to its conflict of law principles.
  2. Subject to the dispute resolution procedures set forth below, the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and waive any objection to venue or forum non conveniens.
2. Mandatory Negotiation
  1. Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations.
  2. The party raising the dispute must provide written notice to the other party describing the nature of the dispute and the desired resolution.
  3. The parties will then engage in negotiations for a period of not less than thirty (30) days from the date of such notice.
3. Binding Arbitration
  1. If the parties are unable to resolve a dispute through negotiation, such dispute will be finally resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with the ACICA Arbitration Rules.
  2. The arbitration will be conducted by a single arbitrator appointed in accordance with such rules, will take place in Sydney, Australia, and will be conducted in the English language.
  3. The arbitrator's award will be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
4. Exceptions to Arbitration
  1. Notwithstanding the foregoing, either party may seek immediate injunctive or other equitable relief from a court of competent jurisdiction for any actual or threatened breach of confidentiality, Intellectual Property Rights, or provisions relating to child safety.
  2. Additionally, disputes relating to child safety concerns or mandatory reporting obligations will not be subject to arbitration and may be immediately referred to appropriate authorities.
TERMINATION
1. Termination by User
  1. Users may terminate their account and cease using the Platform at any time by accessing their account settings and following the account closure process or by providing written notice to the Company.
  2. Termination will not relieve the User of any obligations incurred prior to termination, including but not limited to payment obligations and indemnification obligations.
2. Termination by Company
  1. The Company reserves the right to suspend or terminate any User's account and access to the Platform immediately and without prior notice if:

a) the User breaches any provision of these Terms;

b) the Company reasonably suspects that the User has engaged in fraudulent, illegal, or harmful activity;

c) the User's actions pose a risk to minors or other Users;

d) the Company is required to do so by law or court order; or

e) the Company, in its sole discretion, determines that continued provision of services to the User is not in the Company's best interests.

Effects of Termination
1. Upon termination of a User's account for any reason, the User's right to access and use the Platform immediately ceases, the Company may delete or restrict access to the User's account and any associated data, including uploaded images and Generated Works, subject to any legal requirements to retain certain data, and any licenses granted by the User to the Company for uploaded Content will survive solely to the extent necessary for the Company to comply with legal obligations or enforce its rights.
Survival of Terms
1. The following provisions will survive any termination or expiration of these Terms: Definitions and Interpretation, Child Safety and Protection Framework (to the extent relating to past conduct), Intellectual Property Rights, Privacy and Data Protection (to the extent relating to retained data), Disclaimers and Limitations of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive termination.

GENERAL PROVISIONS
1. Entire Agreement
  1. These Terms, together with the Company's Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, relating to such subject matter.
2. Severability
  1. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be severed from these Terms, and the remaining provisions will continue in full force and effect to the maximum extent permitted by law.
  2. The parties agree to negotiate in good faith to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
3. Waiver
  1. No waiver of any provision of these Terms will be effective unless in writing and signed by the party waiving such provision.
  2. The failure of either party to enforce any provision of these Terms will not be construed as a waiver of such provision or the right to enforce it at a later time.
  3. Any waiver of a breach of any provision will not operate as a waiver of any subsequent breach of the same or any other provision.
4. Assignment
  1. Users may not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of the Company.
  2. Any attempted assignment in violation of this provision will be null and void.
  3. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction.
5. Force Majeure
  1. Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions, labour disputes, or failures of third-party services or infrastructure, provided that the affected party promptly notifies the other party and uses reasonable efforts to mitigate the effects of such circumstances.
6. Notices
  1. All notices required or permitted under these Terms will be in writing and will be deemed properly given when delivered personally, sent by certified or registered mail (return receipt requested), sent by nationally recognised overnight courier, or sent by email with confirmation of receipt.
  2. Notices to the Company will be sent to the address set forth at the beginning of these Terms or such other address as the Company may designate.
  3. Notices to Users will be sent to the email address or physical address associated with their account.
7. Relationship of Parties
  1. Nothing in these Terms will be construed to create a partnership, joint venture, agency, or employment relationship between the parties.
  2. Each party is an independent contractor, and neither party has the authority to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.
8. Third-Party Beneficiaries
  1. These Terms are for the sole benefit of the parties hereto and their permitted successors and assigns.
  2. Nothing in these Terms, express or implied, is intended to or will confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever, except that the Company's officers, directors, employees, agents, suppliers, and affiliates are intended third-party beneficiaries of the disclaimers, limitations of liability, and indemnification provisions set forth herein.
CONTACT INFORMATION
1. For all enquiries, concerns, or notices relating to these Terms or the Platform, please contact:

Hunted By Monkeys Pty Ltd

Attention: Legal Department

ACKNOWLEDGEMENT AND ACCEPTANCE
1. BY CLICKING "I ACCEPT", CREATING AN ACCOUNT, OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND YOU FURTHER ACKNOWLEDGE THE CRITICAL IMPORTANCE OF CHILD SAFETY AND AGREE TO USE THE PLATFORM RESPONSIBLY AND IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS AND THESE TERMS.

PRIVACY POLICY

We respect your privacy
1. Everlinger respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your

personal information.

We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR). The Australian Privacy Principles:
1. permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and
2. allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).
"Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
You may contact us in writing at hello@everlinger.com for further information about this Privacy Policy.

What personal information is collected
1. Everlinger will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
2. You may provide basic information such as your name, phone number, address and

email address to enable us to send you information, provide updates and process your product or service order.

We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
Additionally, we may also collect any other information you provide while interacting with us.

How we collect your personal information
1. Everlinger collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.
How we use your personal information

Everlinger may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
You can unsubscribe from marketing emails by clicking the unsubscribe link at the bottom of each email.
Everlinger will use personal information only for the purposes that you consent to. This may include to:
provide you with products and services during the usual course of our business activities;
administer our business activities;
manage, research and develop our products and services;
provide you with information about our products and services;
communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
investigate any complaints.

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

Disclosure of your personal information
1. Everlinger may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
General Data Protection Regulation (GDPR) for the European Union (EU)
1. Everlinger will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
2. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
3. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
4. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
5. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
6. We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
7. We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
8. You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
Your rights under the GDPR
1. If you are an individual residing in the EU, you have certain rights as to how your

personal information is obtained and used. Everlinger complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU

Except as otherwise provided in the GDPR, you have the following rights:
1. to be informed how your personal information is being used;
2. access your personal information (we will provide you with a free copy of it);
3. to correct your personal information if it is inaccurate or incomplete;)
4. to delete your personal information (also known as "the right to be forgotten");
5. to restrict processing of your personal information;
6. to retain and reuse your personal information for your own purposes;
7. to object to your personal information being used; and
8. to object against automated decision making and profiling.
Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
We may ask you to verify your identity before acting on any of your requests.

Hosting and International Data Transfers
1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Kristian TBC.
2. We and our other group companies have offices and/or facilities in Kristian TBC. Transfers to each of these countries will be protected by appropriate safeguards, these

include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Everlinger's Data Protection Officer.

The hosting facilities for our website are situated in Kristian TBC. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Everlinger's Data Protection Officer.
Our Suppliers and Contractors are situated in Kristian TBC. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Everlinger's Data Protection Officer.
You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
You consent to us transferring your Personal Information to TBC Kristian in the knowledge that if your Personal Information is mishandled in that jurisdiction, we disclaim responsibility and you will not have a remedy under Australian law.

Security of your personal information
1. Everlinger is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
2. We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained in, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that is stored in our client files and records will be kept for a maximum of 7 TBC years to fulfill our record keeping obligations.
3. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
4. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Access to your personal information
1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that

any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@everlinger.com.

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

Complaints about privacy
1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to hello@everlinger.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
Changes to Privacy Policy
1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
Website
1. When you visit our website

When you come to our website (www.everlinger.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking

full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Everlinger is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Data Breach Policy
1. This policy describes how Everlinger will respond to a data breach, in adherence to the Privacy Act 1988. It is Everlinger’s belief that clear roles, responsibilities and procedures will serve as the foundation as a comprehensive privacy program. This policy outlines:
  1. the steps that Everlinger will take to contain, assess, notify, and review any data breaches that might occur; and
  2. Notifiable Data Breaches and how Everlinger will address them if they occur.
2. All Everlinger employees, officers, representatives or advisers (‘Employees’) are required to understand and act in accordance with this policy.
Data Breach Definition
1. A data breach occurs when personal information or intellectual property held by Everlinger is subject to unauthorised access, disclosure, modification, or is lost. Data breaches can occur in a number of ways, including but not limited to:
  1. Unauthorised Third-party security breaches (e.g. Hackers)
  2. Unauthorised access, disclosure or modification by Employees and users
  3. Data breaches of Third-party services used by Everlinger that affect user data
2. Specific to Everlinger’s business, the following have been identified as possible data breach sources:
  1. Accidental loss, unauthorised access, or theft of classified material data or equipment on which such Everlinger data is stored, such as company Laptops and USBs.
  2. Unauthorised use, access to, or modification of data on Everlinger’s XX.
  3. Accidental disclosure of Everlinger user data or intellectual property, such as via email to an incorrect address.
  4. Unauthorised data collection by third parties posing as Everlinger, e.g. Phishing Scam
  5. Failed or successful attempts to gain unauthorised access to Everlinger information or information systems
  6. Unauthorised data collection by third parties through Malware infections on Everlinger cloud databases, or hardware equipment.
What to do if a Data Breach is Suspected?
1. All Everlinger Employees who are aware of, informed of, or suspect a data breach must inform Everlinger’s IT team immediately. The IT team must then assess the suspected breach to determine whether or not a breach has in fact occurred. If a data breach has, in fact, occurred, then the IT team will manage the breach according to the steps outlined in the Data Breach Management Plan.
Data Breach Response Plan
1. In accordance with OAIC recommendations, the following steps will be taken in response to a verified Data Breach.
  1. Contain the breach as soon as possible. Containment is ensuring that the breach itself is stopped. How a breach is stopped would depend on the particular instance but can include:
    1. The suspension of compromised accounts;
    2. Removal of malware, where identified;
    3. Temporary platform downtime if necessary;
    4. Recovering any lost data, if possible;
    5. Repairing unauthorised modification of data, if possible;
    6. Restoring access to the platform when able.
  2. Assess the risks involved and the repercussions on respective stakeholders. The following may be considered in assessing the stakeholder risks:
    1. The type of information involved;
    2. Establish the cause and the extent of the breach;
    3. Assess the risk of harm to affected persons;
    4. Assess the risk of other harms: reputational damage;
    5. Notify Management and Affected Individuals where appropriate;
    6. Management must be notified of breaches as and when they occur, whether or not the breach is an eligible breach under the Notifiable Data Breach Scheme;
    7. Everlinger is an APP 11 entity under the Privacy Act 1988 (Cth) and is and must, therefore, comply with its obligations under the Notifiable Data Breach Scheme;
    8. Data Breaches that are not eligible under the Notifiable Data Breach Scheme need not be reported and may be addressed internally.
2. Prevent future similar breaches through strengthening security infrastructures and/or policies
Notifiable Data Breach Scheme
1. Under the Notifiable Data Breach Scheme, Everlinger is obliged to report data breaches that satisfy the following criteria:
  1. there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that Everlinger holds;
  2. That the unauthorised access to or disclosure of, or loss of personal information is likely to result in serious harm to one or more individuals; and
  3. Everlinger has not been able to prevent the likely risk of serious harm with remedial action.
2. For further information on how to assess a notifiable data breach, Everlinger must refer to the OAIC’s APP guidelines.
3. Where Everlinger suspects that an eligible breach has occurred, it must carry out a reasonable and expeditious assessment of the breach: s 26WH(2)(a) of the Privacy Act. Where possible, the assessment must be completed within 30 days of Everlinger becoming aware of information that causes it to suspect that an eligible breach has occurred. If Everlinger is unable to complete the assessment within 30 days, a written document must be written which addresses:
  1. how all reasonable steps have been taken to complete the assessment within 30 days;
  2. the reasons for the delay; and
  3. that the assessment was reasonable and expeditious.
4. Where an Eligible Breach has occurred, Everlinger must inform affected users AND the Privacy Commissioner. Everlinger is allowed to disclose eligible breaches to users in either of the following ways:
  1. It may notify all Everlinger users
  2. It may notify affected Everlinger users
  3. It may publish a notification on its website
5. Disclosure of eligible breaches to the Privacy Commissioner may be done by online form.
6. For more information on disclosing Eligible Breaches under the Notifiable Data Breach Scheme, please refer to the OAIC’s webpage on the topic.
Disciplinary Consequences
1. Everlinger reserves the right to monitor Employees’ use, access and modification of the company’s data, and initialise an investigation if cases where an employee conducts an action that is in breach of this policy.
2. All Employees should handle Everlinger’s data with due diligence in accordance with this policy and any related policies. If an employee’s action or omission that is prohibited under this policy causes a disruption of integrity to the data system or leads to a breach defined in the Privacy Act, the employee may face severe disciplinary action up to and including termination at the discretion of Everlinger.
Effective date

This policy is effective from 01 Sep 2025.

SHIPPING AND RETURNS POLICY

Thank you for visiting and shopping at Everlinger. The following information sets out the terms and conditions that constitute our Shipping Policy.

Processing your Order

An email confirmation is sent to your e-mail address after placing your order. Please keep this e- mail as proof of your purchase.

Shipment Processing Time

Processing time refers to the time it takes for us to prepare your order for shipping.

After your payment is authorised and verified, all orders are usually processed between 6 and 25 business days, depending on the shipping option selected. We will contact you if, for some reason, there are any unusual delays.

Shipment Locations
1. Domestic and International

Everlinger ships domestically as well as internationally. If you have a question about domestic or international deliveries, please read the FAQs.

Shipping Restrictions

Our company does ship to both commercial and domestic addresses.

Shipment rates and delivery estimates

We endeavor to get your order to you as soon as possible. Once your order is placed, an estimated delivery time will be provided to you. Delivery times are estimates and commence from the date of shipment, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Estimated arrival dates are not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time.

Unless there are exceptional circumstances, we make every effort to fulfil your order.

Please note:
1. Business day means Monday to Friday, except holidays.
2. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered.
3. When placing your order, we consider these factors when calculating the Estimated Delivery Date:
  1. Weight factor: Shipping costs are based on the weight of your order and the delivery method. To find out how much your order will cost, simply add the items you would like to purchase to your cart, and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed.
4. We will not be responsible for a wrong shipping address if you provide incorrect information.

Tracking Options

Everlinger aims to provide visibility and transparency throughout the shipment process. Once your order is confirmed and shipped, you will receive a link to track your package.

Tracking is available on certain shipping options and this is made clear in the options given.

International Customs, Duties and Taxes

All orders shipping to a destination outside of Australia are subject to the import duties, fees, and taxes of the destination country. Delays in delivery may occur if your package is randomly selected by your country’s Customs Department. Everlinger is not responsible for any possible customs and taxes applied to your order. We have no control over the process or additional charges associated with the delivery and importation of your order (package) into your country. We do not benefit in any way from these chargers and we work very closely with our brokers and carriers to ensure as few delays as possible. All fees imposed during or after shipping are the responsibility of the customer. You agree that you are responsible for any duty, taxes, and custom requirements or other such taxes, fees, levies, costs or expenses associated with importing products you purchase from us and shipping them internationally.

Damages

If there is any damage to the packaging on delivery, contact us immediately at hello@everlinger.com.

Missing or Lost Package

There are several reasons why a package gets lost or becomes a delivery exception. We’ve found that, more often than not, the package is either in the building or with a neighbour. Everlinger politely requests that customers look in common courier hiding spots. Please take a look around

and let us know if you find it. If you haven't located your order, please contact us at hello@everlinger.com to report missing or lost packages.

Missing or Lost Package
1. We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.
2. Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
3. Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
Australian Consumer Law
1. Under the Australian Consumer Law:
  1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the goods, you are entitled
    1. to cancel the purchase; and
    2. to a refund for the price of the goods; and
    3. compensation for any damage or loss (whether direct or consequential) that was, or reasonably ought to have been, foreseeable by us.
  2. If the failure with the service does not amount to a major failure, you are entitled to to a re-supply of the goods within a reasonably time, or to cancel the purchase and be provided with a refund of any price paid.
2. We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
3. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
4. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
5. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
6. If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You

may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

Cancellation and Change of Mind
1. We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
Products Damaged During Delivery
1. In the event that the product you ordered has been damaged during delivery:
  1. Please contact us as soon as possible, with your order number, explanation and photos.
  2. We cannot accept any returned damaged goods so please don’t attempt to provide them.
2. If appropriate, we will replace it with an equivalent product, provided that you have contacted us within 14 days from the date of receiving the product.
Exceptions

Notwithstanding the other provisions of this Policy, we may refuse to provide a replacement for a product or service purchased by you if:

You misused the said product in a way which caused the problem.
You knew or were made aware of the problem(s) with the product or service before you purchased it.
Any other exceptions that apply under the Australian Consumer Law.

Shipping Costs for Returns
1. In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping any replacement product to you.
2. In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
Response Time
1. We aim to process any requests for repairs, replacements or refunds within 14 days of receipt.
Contact Us

If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: hello@everlinger.com.

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