These Terms and Conditions (“Terms”) govern your access to and use of the MoneyHappy Platform (“the Platform”) which connects people looking for financial coaching services with people who can provide those financial coaching services and any other services or content made available through the Platform from time-to-time.

These Terms constitute the entire and only agreement between us and you and supersedes all prior agreements, conduct, representations, and understandings.

We also use a number of third party service providers to power the platform, including but not limited to Google, Zoom, Stripe, Vimeo (Third Party Providers). You acknowledge and agree that your use of the Platform, in addition to these terms, will be subject to the terms, conditions and privacy policies of the Third Party Providers and to the maximum extent permitted by applicable law, we will not be liable for the security or performance of such Third-Party Providers.

The content on our platform is owned and operated by Proforce Wealth Management Pty Ltd ACN 633 240 641, trading as MoneyHappy (“MoneyHappy''). Any reference in these terms to "we", “us”, “our” or “MoneyHappy” means Proforce Wealth Management Pty Ltd.

Please carefully read these Terms before registering for an account. By (a) registering for an account or (b) making any payment to us or (c) otherwise accepting or agreeing to participate in any coaching sessions you agree to be bound by these Terms. If you do not agree to these Terms, you cannot use the Platform.

The Platform provides access as follows:

• Corporate Clients – being those corporate entities that have entered into a separate service agreement with us, are able to provide access to the Platform to their authorised users, subject to their licensing terms. Separate terms apply to such corporate clients (referred to as Employers).
• Employee Users - if you are granted access to the Platform from your Employer, then you are granted standard access to the Platform free of charge, however you have the option to purchase additional top-up sessions (if you use your allocated sessions within the service year) (Employees);
• Individual Users – being those individuals who have registered for access to the Platform separately to an Employer (Individuals); and
• Financial Coaches – being those users who provide coaching services through the Platform (Coaches).

The remainder of these Terms are divided into three (3) parts:

• Part 1 (Users), which sets out terms of use of the Platform that apply to all users;
• Part 2 (Employees and Individuals), which sets out further terms that apply to Employees and Individuals; and
• Part 3 (General) which contains general terms that apply to all users.

• All information on the Platform relating to any products or services is only for the information of persons within Australia and relates to the supply of products and services in Australia
• Subject to you complying with these Terms, we will provide you with access to the Platform in accordance with these Terms.
• If you use the Platform on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so.
• You must only access the platform for legitimate and lawful purposes and in accordance with any instructions or directions posted by MoneyHappy from time to time.
• We may update these Terms from time to time without notice. Any changes to these terms will be effective from the date published on our site.

• The registration process for the Platform requires you to provide us with your full name, your mobile number, a valid email address and to choose a unique password. Your email address and password combination (the "Login Details") will be used to create your user account.
• You are solely responsible for keeping your Login Details confidential and secure against any improper or unauthorised use.
• In order to use the coaching services including any sessions (Coaching Sessions), you may be required to provide personal information and details like personal income, display picture and other information as determined by MoneyHappy from time to time and some of this information may be made available to your Coach
• By visiting, registering for or using our Platform, you agree that MoneyHappy may send direct communications to the email addresses provided as part of the registration processYour access to and use of the Platform is non-transferable except as permitted by these terms and you must not authorise or permit anyone else to access the Platform by sharing your Login Details.
• You are responsible for any action or instruction carried out in conjunction with your Login Details and authorise us to act on any instructions that we receive in conjunction with your Login Details.
• If you become aware or suspect that:
  1. your login details (or any part of them) have been lost, stolen or misused;
  2. any person has obtained knowledge of your login details;
  3. any person is accessing the Platform without your authorisation; or
  4. the security of your Login Details has otherwise been compromised, you must:
     1. notify us immediately by email at support@moneyhappy.net.au (or any other email that we advise from time to time); and
     2. change your password immediately.
• You accept full responsibility and indemnify us against any and all expenses, losses, damages, costs, demands or liabilities arising out of or in connection with your use of the Platform, including without limitation any improper or unauthorised use of your Login Details (except where you have previously notified us in accordance with these Terms that the security of your Login Details has been compromised).
• You acknowledge that you may be automatically logged out of the Platform where there has been no communication to our systems for thirty or more minutes. Any information entered or actions that are only partly completed at the time of the log-out may be lost.

You must not access or use the Platform:

• in a way that violates these Terms;
• for unlawful or dangerous activities or purposes;
• in a way that is fraudulent, inaccurate, false, misleading or deceptive;
• in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);
• in a way that is defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
• in a way that damages the credibility of the Platform or us or that creates liability for us;
• to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Platform;
• to distribute or post spam;
• in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Platform;
• to collect a user’s information and harass them; or
• in a way that violates any applicable law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination, or trade practices law).

You agree not to attempt to disturb or damage in any way any code, data or software associated with the Platform or to otherwise adversely affect the operation of the Platform.

We may restrict, suspend, alter, or terminate your access to the Platform or any service available in or via the Platform or not act upon your instructions at any time without cause and without notice to you.

You acknowledge and agree that your use of the Platform is at your own risk.

We provide the Platform on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in the Platform (including any content on the Platform). Subject to the other terms of this clause and to the maximum extent permitted by applicable laws, the Platform is provided without warranty of any kind and we expressly exclude such warranties.

You acknowledge and agree that:

• nothing on the Platform is a promise or guarantee of any specific results. We cannot and do not make any guarantees that attendance at any Coaching Sessions will provide any specific results;
• the Platform, and any information in connection with the Platform is general in nature and does not constitute legal, financial, medical or any other type of advice and should not be relied upon as such. Information provided on the Platform or in connection with the Platform is for educational purposes only. Formal professional advice should be sought in particular matters;
• the Platform is not intended to establish a doctor/health practitioner-patient relationship, nor is it intended to be a substitute for any medical, legal or financial advice or treatments (for example mental health treatment);
• you should seek professional advice from qualified health professionals before making any mental and physical health decisions. You should also seek advice from a professional financial advisor or financial planner before making any financial decisions as a result of information received from us;
• your relationship with us and any Coach is not a fiduciary nor does it create a duty of care;
• the purpose of financial education is to provide you with an understanding of key financial concepts related to personal financial management, to enable you to make better decisions around your finances.
• the purpose of financial coaching is to assist you to develop and maintain healthy money habits that may lead to wealth creation and create a plan for managing your personal income & expenses.

Users are strictly prohibited from directly or indirectly attempting to circumvent payment of our fees for the use of our Platform.

This includes, for example, the following practices which are strictly prohibited:

• making offers to buy or sell coaching services (the same as any Coaching Services offered on, or intended to be offered on the Platform) outside of the Platform;
• promoting contact details or websites that can be used to order coaching services (the same as any Coaching Services offered on, or intended to be offered on the Platform) outside of the Platform;
• contacting another user or a Coach with the purpose of finding out about other coaching services outside of the Platform, where such coaching services are the same as any Coaching Services offered on, or intended to be offered on the Platform

For purposes of this clause, coaching services will be the same as any Coaching Services offered on the Platform where there is capacity for a User to learn such topics (the subject of the coaching services) through the Platform

Coaching Sessions provided for on the Platform will take place at the time as set out on the Platform. All session times are subject to availability.

Individuals may purchase Coaching Sessions by following the prompts on the Platform. The fees payable for Coaching Sessions and due dates for payment are as set out on the Platform. Individuals must make payment of the fees via a method accepted by us as stated on the Platform

Online Coaching Sessions will be hosted through the software as made known by us prior to the session (for example Zoom or Google Meet). You are required, and solely responsible for, downloading and creating an account on such software (if necessary), as well as having a stable internet connection for the session. Please note that additional terms may apply for such third party software and you are also responsible for reading and agreeing to those terms (we are not a party to such terms). It is requested that you connect to the session at least five minutes prior to the starting time so that you are able to sort out any technical issues and be ready in attendance by the start time. Any technical issues regarding your computer (or other devices), software, or internet service is not our responsibility.

We and the relevant Coach (for the session) reserves the right to reschedule Coaching Sessions where necessary. Although we will make every effort accommodate your preferred time, please note this may not be possible. We will attempt to provide you with at least 48 hours of any reschedule (where possible).

If you show up late to a session but within 15 minutes of the commencement of the session, the Coach will be available until the allocated session time ends. Although the session may be shorter, this will be deemed a full session.

If you need to cancel a session, then you may submit a request on the Platform at least 48 hours prior to the booked Coaching Session time. Please note requests to cancel are subject to our agreement.

If you fail to attend a Coaching Session (including a rearranged session), or show up more than 15 minutes late, that Coaching Session will be forfeited, subject to us agreeing to reschedule the Coaching Session (which we may choose to do in our sole discretion). Rescheduled Coaching Sessions may be reduced in length. All changes to sessions are subject to our approval and subject to availability.

You are allocated the number of Coaching Sessions as shown in your Account on the Platform

You can purchase additional Coaching Sessions by following the prompts on the Platform. The terms of the Coaching Sessions, including any applicable pricing will be as set out on the Platform at the time you purchase the Coaching Session.

All Coaching Sessions are subject to availability.

When you sign up and register to receive Coaching Sessions from us you are getting from us a licence to access all materials made available to you in connection with the Coaching Sessions (“Coaching Content”) in the manner specified by us. Such access is granted in accordance with these Terms.

Subject to you fulfilling your obligations under these Terms, we grant you a personal, non-exclusive, non-assignable, non-sublicensable nor transferable licence to access and use the Coaching Content, solely for the purpose of obtaining the benefit of a Coaching Sessions for its intended purpose. Your access to the Coaching Content will continue only for the duration of your access to the Platform. On expiry or termination of these Terms your access will be revoked (except as expressly set out).

We reserve the right to change the content of Coaching Content at our discretion without notice.

While you may access, browse and print our Coaching Content for your own personal and non-commercial use, you must not without our prior written consent:

• sub-licence, assign or novate the benefit or burden of the licence granted hereunder in whole or part; or
• resell, copy, reproduce, distribute, adapt, alter, modify, translate, publish, share, create derivate works, or publicly display any of the Coaching Content anywhere in the world (including by sharing the Coaching Content with others).

In attending any Coaching Session and in participating in the Coaching Sessions, you must:

• attend all sessions on time;
• not share the session access details, including any passwords or access URLs;
• not record the session;
• not contribute or post anything that:
  • is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable;
  • harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • includes personal or identifying information about another person without that person's consent;
  • constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us;
  • impersonates any person or entity;
  • is about companies without authorisation to do so;
  • is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us); or
  • contains software viruses, worms or any other harmful code.

The terms of this clause are only applicable to Individuals or Employees (who have purchased additional Coaching Sessions). Purchased Coaching Sessions are valid for a period of 6 months from the date they are purchased. Any Coaching Sessions that you fail to book or attend within the 6 months will be forfeited. To the extent permitted by law, no refunds will be provided should you wish to cancel any Coaching Sessions that have been ordered (regardless of whether you attended part of the Coaching Session).

Unfortunately, due to the nature of the work, we are unable to guarantee any specific Coach will be available to provide the Coaching Sessions, and if necessary, we may need to vary or substitute the Coaches providing the Coaching Sessions.

You are solely responsible for any information that you transmit to us and the Platform. Whilst we use our best endeavours to maintain the security of the Platform to Australian standards, we do not guarantee the security of the Platform, our records, or any information you submit to us.

We do not guarantee that the Platform or any file downloaded from the Platform will be free of any virus’, trojan horses, worms or other computer programming routines that may or are intended to damage. We disclaim all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Platform, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Platform.

In order to use the Platform, you need to connect to the internet, and you are solely responsible for your connection and all fees associated with such connection/access.

Any fees listed by MoneyHappy on the Platform do not include any taxes, levies, duties, or similar governmental assessments of any nature, including for example, value-added, goods and services tax, other sales, use or withholding taxes. Users are responsible for paying all taxes associated with their purchases on the Platform.

We may use third party online payment partner, currently Stripe, (Payment Partner) to collect payments for coaching sessions or for our MoneyHappy Services

The processing of payments by the Payment Partner will be in addition to this agreement, subject to the terms, conditions and privacy policies of the payment partner.

You agree to release MoneyHappy and it’s employees, agents, directors, third party contributors in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Payment Partner, including any issue with security or performance of the payment providers platform or any error or mistake in processing your payment.

We reserve the right to correct, or to instruct our payment partner to correct, any errors or mistakes in collecting your payment.

You acknowledge and agree that the Platform may record any of the MoneyHappy Services or Coaching Sessions provided on the Platform (“Recording”) and MoneyHappy may use such Recordings for:

• dispute resolution purposes; and
• provision to other Coaches, for training and quality assurance purposes.

Please note we are unable to provide Employees and Individuals with any Recordings of your Coaching Sessions.

Privacy

You agree to be bound by the clauses outlined in MoneyHappy’s Privacy Policy, which can be accessed here or is available on request.

All content and material available on our website and the Platform, including (without limitation) any tools, calculators and articles, and any information or advice provided by services available through the Platform (the “Information”), is provided as either factual information or general financial advice only and is made available to you for your personal, non-commercial use.

The Information does not take into account the investment objectives, particular needs or financial situations of any individuals. The Information does not provide financial or investment advice or recommendations. The Information should not be solely relied upon as the basis of an investment or other financial decision.

MoneyHappy is a Corporate Authorized Representative (CAR# 277628) of Novus Capital Limited AFS License No. 238 168. Any information or advice provided by our services does not constitute personal or financial product advice and we recommend that you obtain your own professional advice before making any decision in relation to your individual circumstances.

Unless expressly stated otherwise, you expressly acknowledge and agree that:

• the fact that the Information is accessible through the Platform
  • does not constitute a recommendation by us and
  • the Information is subject to change without notice

We do not warrant that the Information is accurate, complete, reliable, current, or error-free. To the full extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these Terms. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material provided by us

In addition, we do not make any representations or warranties that your access to that information will be uninterrupted, timely or secure.

Links from the Platform to pages on any other website are provided for your convenience only and do not constitute a recommendation or endorsement by us of the content of those pages. Use of these links is at your own risk. We are not responsible for any information or material found on those linked pages, or any websites of which they form a part.

You are not authorized to establish a link to the Platform without our prior express written permission.

The calculators available on the Platform (the "Calculators") are intended to provide estimates only. The Calculators are based on assumptions and give general illustrations only. They do not take into account the objectives, particular needs or financial situation of any individuals. The Calculators do not provide financial or investment advice or recommendations. The results produced by the Calculators should not be relied upon as the basis of any financial decision or as a substitute for the application of your own knowledge, skill and judgment. You should always seek your own independent advice before making a financial decision.

We do not make any representations as to whether any assumptions on which the Calculators are based are reasonable or accurate or will be borne out.

In these terms:

• Intellectual property rights (“The rights”) means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide
• Works (“Works”) means any material made available on the Platform or website or available via services accessible through the Platform including (without limitation) written texts or programs, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs and images, graphic works, video or pictures.

The Works and the Platform are owned by us and are subject to copyright.

You acknowledge and agree that:

• we own all of the Rights in and to the Platform and the Works and no right, title or interest in any of the Platform or the Works is transferred or granted to you, except so far as expressly stated in these Terms;
• you will not copy, reproduce, alter, modify, create derivative works, or publicly display our Rights in and to the Platform and the Works except with our prior written permission or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us;
• you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate any content you provide in order to provide our Platform;
• you warrant that any content you provide us with will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party;
• we are not liable or responsible for any loss that you may experience in submitting content to us or for our use of your content in accordance with the licence granted; and
• you must not falsely express or imply a relationship between you and us.

The obligations accepted by you under this clause survive termination or expiry of these Terms.

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

Subject to this clause, and to the extent permitted by law, MoneyHappy will not be liable for any direct, indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Platform or services available via the Platform or these Terms (including as a result of not being able to use the Platform or the late supply of the Platform services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of MoneyHappy (including any third-party providers) make any express or implied representation or warranty about the Platform, Platform services or works. This includes (but is not restricted to) loss or damage Subscriber might suffer because of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records.
• the accuracy, suitability or currency of any information on the Platform, provided or available via Platform Services, or any of the Works (including third party material and advertisements on the Platform);
• costs incurred because of your use of the Platform and the Platform Services
• the Works or operation in respect to Platform links which are provided for your convenience;
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the platform; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

We will use all reasonable endeavours to provide access to the Website and Platform at all reasonable times. However, we do not give any guarantee, warranty or representation in relation to the availability or accessibility of the Website or Platform or any of the services available in the Platform

Use of the Platform and any related information is at your own risk. To the extent permissible by law, we exclude all warranties in relation to the information available from the Platform, including all terms implied by statute, general law or custom and disclaims all liability arising out of or consequent on any:

• access to, use of or reliance upon any information or material available in the Platform;
• computer virus, communications failure, Internet access difficulties or malfunction in equipment or software affecting the Platform or your access to the Platform or any information or material available in it;
• delay in the operation of the Platform or any of the services or information available through the Platform;
• disruption, unavailability or termination of access to the Platform or any of the services or information available in the Platform.

We make no warranty that the use or operation of the Platform or any aspect of the Platform, will be uninterrupted or error-free or that the Platform or any of the services available on or via the Platform or their functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.

Use of the website and Platform is at your own risk. Any information on the Platform was believed to be accurate and reliable at the time it was sourced. However, neither we nor our associated companies give any guarantee, representation or warranty as to the reliability, accuracy or completeness of the information on the Platform or accept any responsibility or liability arising in any way (including by reason of negligence) for errors in, or omissions from, the information on this Platform. We do not endorse any views or recommendations of third parties included or referred to in any of the information on the Platform.

Subject to law, we do not accept any responsibility, or owe any duty of care, to any person acting, or refraining from acting, as a result of any information or material on the Platform.

Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by law.

Subject to the other terms of this clause, our maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual amounts paid by you to us under these Terms in the one-month period preceding the matter or event giving rise to the claim.

Except to the extent caused by our breach of these Terms, you indemnify us against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

• your breach or negligent performance or non-performance of these Terms (including if you fail to pay any fees on time);
• any claim made against us or you by a third party arising out of or in connection with the provision of the Coaching Sessions and/or these Terms to the extent that such claim arises out of your breach, negligent performance or failure or delay in performance of these Terms or your acts or omissions;
• any reliance by you or a third party on the Coaching Sessions or any advice, information or deliverable provided in connection with the provision of the Coaching Sessions, and/or these Terms;
• the enforcement of these Terms; and
• any negligent act, omission or wilful misconduct of yours.

In no event shall we be liable to you or any other party for any indirect, special or consequential loss or damages, including but not limited to loss of good will, loss of anticipated profits, or other economic loss arising out of or in connection with us providing the Platform or any related content and/or information and/or services. By accessing the Platform and using Platform services you hereby irrevocably waive any and all claims for such damages.

These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible MoneyHappy limits its liability as follows, at our option:

• in the case of Platform services, the supply of the services again or the payment of the cost of having the services supplied again
• in the case of products including any digital products, the replacement of the products or the supply of equivalent MoneyHappy products (where available);

Except as required by law, MoneyHappy will not be liable for any claim, loss or liability for personal injury, death or damage to you or your property however it may be caused.

This clause survives the termination or expiry of this agreement for whatever reason.

The users agree that:

• no information owned by MoneyHappy, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
• all communications involving the details of other users on this Platform are confidential, and must be kept as such by the Users and must not be distributed nor disclosed to any third party except as otherwise provided in this agreement.

MoneyHappy reserves the right to terminate your access to any or all of the Platform at any time without notice, for any reason.

• in the event that your access is terminated:
• Your access to all tools and services on the Platform will be revoked;
• Your sublicense to use the Coaching Content is immediately revoked;
• You will be unable to book and receive Coaching Sessions with your coach
• MoneyHappy may remove all of your content from your account.

You may terminate your account on MoneyHappy at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, MoneyHappy will affect such termination within a reasonable time after receiving written notice from you.

Notwithstanding termination or expiry of your membership or this agreement, the provisions these terms and conditions and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision

You agree that MoneyHappy may assign, transfer, sub-licence or otherwise deal with our rights and/or obligations under these Terms.

You may not without our prior written consent assign, transfer, sub-licence or otherwise deal with any of your rights and obligations under these Terms.

If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

The Terms and your use of the Platform are governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal for determining any dispute concerning these Terms.

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

Notwithstanding any other provision of these Terms, MoneyHappy need not act if it is impossible to act due to force majeure, meaning any cause beyond our control.

You agree that MoneyHappy has no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.

We may vary these Terms at any time and you agree to comply with those changes that we notify you of from time to time (which may be by way of a notice on the platform or by any other means of communication).

If a dispute arises in connection with these Terms then a party may only deal with that dispute in the manner set out in this clause.

A party to a dispute which arises in connection with these Terms may give to the other party or parties to the dispute a notice specifying the dispute and requiring its resolution under this clause.

Within 7 days after a notice is given under the above clause (or such longer period as is agreed in writing by the parties to the dispute) each party to the dispute must use its best efforts to resolve the dispute in good faith.

If despite the parties’ best efforts a dispute not resolved within 7 days after notice a party may by notice to the other party or parties to the dispute refer the dispute for mediation in accordance with the Resolution Institute Mediation Rules. The mediation will be conducted by a mediator to be appointed by agreement of the parties or, if the parties are unable to agree on a mediator within 7 days of a party making a written nomination to the other party, to be appointed by the Chair (or his or her designated representative) of Resolution Institute (ACN 008 651 232) at the request of a party.

If the dispute is not resolved within 30 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.

The provisions of this clause do not prevent any party from obtaining any injunctive, declaratory or other interlocutory relief from a Court which may be urgently required.