Last updated January 14, 2023

Terms & Conditions

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TERMS AND CONDITIONS

Last updated January 14, 2023

1. AGREEMENT TO TERMS

TheseTerms of Use constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity (and Pathway Property Partners , concerning your access to and use of the https://www.zackyproperty.com.auwebsite as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto(collectively, the €œSite€).​ We are registered in Australia and have our registered office at 396 Spencer Street, West Melbourne, Melbourne, Victoria3003. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALLOF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the €œLast updated€date of these Terms of Use, and you waive any right to receive specific notice of each such change.​ Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2.INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site isour proprietary property and all source code, databases, functionality,software, website designs, audio, video, text, photographs, and graphics on theSite (collectively, the €œContent€)​ and the trademarks, service marks, andlogos contained therein (the €œMarks€)​ are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and variousother intellectual property rights and unfair competition laws of the UnitedStates, international copyright laws, and international conventions. The Contentand the Marks are provided on the Site €œAS IS€ for your information andpersonal use only. Except as expressly provided in these Terms of Use, no partof the Site and no Content or Marks​ may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated,transmitted, distributed, sold, licensed, or otherwise exploited for anycommercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use theSite, you are granted a limited license to access and use the Site and todownload or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use. We reserveall rights not expressly granted to you in and to the Site, the Content and theMarks.

3. USER REPRESENTATIONS

By using the Site, you represent andwarrant that: (1) you have the legal capacity and you agree to comply withthese Terms of Use;  (2) you are not aminor in the jurisdiction in which you reside; (3) you will not access the Sitethrough automated or non-human means, whether through a bot, script, orotherwise; (4) you will not use the Site for any illegal or unauthorizedpurpose; and (5) your use of the Site will not violate any applicable law orregulation.

If you provide any information that isuntrue, inaccurate, not current, or incomplete, we have the right to suspend orterminate your account and refuse any and all current or future use of the Site(or any portion thereof).

4.PROHIBITED ACTIVITIES

You may not access or use the Site for anypurpose other than that for which we make the Site available. The Site may notbe used in connection with any commercial endeavors except those that arespecifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site tocreate or compile, directly or indirectly, a collection, compilation, database,or directory without written permission from us.

Trick, defraud, or mislead us and otherusers, especially in any attempt to learn sensitive account information such asuser passwords.

Circumvent, disable, or otherwiseinterfere with security-related features of the Site, including features thatprevent or restrict the use or copying of any Content or enforce limitations onthe use of the Site and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, inour opinion, us and/or the Site.

Use any information obtained from the Sitein order to harass, abuse, or harm another person.

Make improper use of our support servicesor submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent withany applicable laws or regulations.

Engage in unauthorized framing of orlinking to the Site.

Upload or transmit (or attempt to uploador to transmit) viruses, Trojan horses, or other material, including excessiveuse of capital letters and spamming (continuous posting of repetitive text),that interferes with any party€™s uninterrupted use and enjoyment of the Siteor modifies, impairs, disrupts, alters, or interferes with the use, features,functions, operation, or maintenance of the Site.

Engage in any automated use of the system, such as using scripts tosend comments or messages, or using any data mining, robots, or similar datagathering and extraction tools.

Delete the copyright or other proprietaryrights notice from any Content.

Attempt to impersonate another user orperson or use the username of another user.

Upload or transmit (orattempt to upload or to transmit) any material that acts as a passive or activeinformation collection or transmission mechanism, including without limitation,clear graphics interchange formats (€œgifs€)​ , 1—1 pixels, web bugs, cookies,or other similar devices (sometimes referred to as €œspyware€ or €œpassivecollection mechanisms€​      or €œpcms€​               ).​

Interfere with, disrupt, or create an undue burden on the Site orthe networks or services connected to the Site.

Harass, annoy, intimidate, or threaten anyof our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Sitedesigned to prevent or restrict access to the Site, or any portion of the Site.

Copy or adapt the Site€™s software,including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law,decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Site.

Except as may be the result of standardsearch engine or Internet browser usage, use, launch, develop, or distributeany automated system, including without limitation, any spider, robot, cheatutility, scraper, or offline reader that accesses the Site, or using orlaunching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on theSite.

Make any unauthorized use of the Site,including collecting usernames and/or email addresses of users by electronic orother means for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false pretenses.

Use the Site as part of any effort tocompete with us or otherwise use the Site and/or the Content for anyrevenue-generating endeavor or commercial enterprise.

Use the Site to advertise or offer to sellgoods and services.

5.USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit orpost content. We may provide you with the opportunity to create, submit, post,display, transmit, perform, publish, distribute, or broadcast content andmaterials to us or on the Site, including but not limited to text, writings,video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions").Contributions may be viewable by other users of the Site and throughthird-party websites. As such, any Contributions you transmit may be treated inaccordance with the Site Privacy Policy. When you create or make available anyContributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, orperformance, and the accessing, downloading, or copying of your Contributionsdo not and will not infringe the proprietary rights, including but not limitedto the copyright, patent, trademark, trade secret, or moral rights of any thirdparty. You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any manner contemplated bythe Site and these Terms of Use.

You have the written consent, release,and/or permission of each and every identifiable individual person in yourContributions to use the name or likeness of each and every such identifiableindividual person to enable inclusion and use of your Contributions in anymanner contemplated by the Site and these Terms of Use.

Your Contributions are notfalse, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation.

Your Contributions are not obscene, lewd,lascivious, filthy, violent, harassing, libelous, slanderous, or otherwiseobjectionable (as determined by us).

Your Contributions do not ridicule, mock,disparage, intimidate, or abuse anyone.

Your Contributions are not used to harassor threaten (in the legal sense of those terms) any other person and to promoteviolence against a specific person or class of people.

Your Contributions do not violate anyapplicable law, regulation, or rule.

Your Contributions do not violate theprivacy or publicity rights of any third party.

Your Contributions do not violate any applicablelaw concerning child pornography, or otherwise intended to protect the healthor well-being of minors.

Your Contributions do not include anyoffensive comments that are connected to race, national origin, gender, sexualpreference, or physical handicap. Your Contributions do not otherwise violate,or link to material that violates, any provision of these Terms of Use, or anyapplicable law or regulation.

Any use of the Site in violation of theforegoing violates these Terms of Use and may result in, among other things,termination or suspension of your rights to use the Site.

6.CONTRIBUTION LICENSE

You agree that we may access, store,process, and use any information and personal data that you provide followingthe terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or otherfeedback regarding the Site, you agree that we can use and share such feedbackfor any purpose without compensation to you.

We do not assert any ownership over yourContributions. You retain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in yourContributions provided by you in any area on the Site. You are solelyresponsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.

7.SUBMISSIONS

You acknowledge and agree that anyquestions, comments, suggestions, ideas, feedback, or other informationregarding the Site ("Submissions") provided by you to us arenon-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse againstus for any alleged or actual infringement or misappropriation of any proprietaryright in your Submissions.

8.THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sentvia the Site) links to other websites ("Third-Party Websites") aswell as articles, photographs, text, graphics, pictures, designs, music, sound,video, information, applications, software, and other content or itemsbelonging to or originating from third parties ("ThirdPartyContent"). Such Third-Party Websites and Third-Party Content are notinvestigated, monitored, or checked for accuracy, appropriateness, orcompleteness by us, and we are not responsible for any Third-Party Websitesaccessed through the Site or any Third-Party Content posted on, availablethrough, or installed from the Site, including the content, accuracy,offensiveness, opinions, reliability, privacy practices, or other policies ofor contained in the Third-Party Websites or the Third-Party Content. Inclusionof, linking to, or permitting the use or installation of any Third-PartyWebsites or any Third-Party

Content does not imply approval orendorsement thereof by us. If you decide to leave the Site and access theThird-Party Websites or to use or install any Third-Party Content, you do so atyour own risk, and you should be aware these Terms of Use no longer govern. Youshould review the applicable terms and policies, including privacy and datagathering practices, of any website to which you navigate from the Site orrelating to any applications you use or install from the Site. Any purchasesyou make through Third-Party Websites will be through other websites and fromother companies, and we take no responsibility whatsoever in relation to suchpurchases which are exclusively between you and the applicable third party. Youagree and acknowledge that we do not endorse the products or services offeredon Third-Party Websites and you shall hold us harmless from any harm caused byyour purchase of such products or services. Additionally, you shall hold usharmless from any losses sustained by you or harm caused to you relating to orresulting in any way from any Third-Party Content or any contact withThird-Party Websites.

9.ADVERTISERS

We allow advertisers to display theiradvertisements and other information in certain areas of the Site, such assidebar advertisements or banner advertisements. If you are an advertiser, youshall take full responsibility for any advertisements you place on the Site andany services provided on the Site or products sold through thoseadvertisements. Further, as an advertiser, you warrant and represent that youpossess all rights and authority to place advertisements on the Site,including, but not limited to, intellectual property rights, publicity rights,and contractual rights. We simply provide the space to place suchadvertisements, and we have no other relationship with advertisers.

10.SITE MANAGEMENT

We reserve the right, but not theobligation, to: (1) monitor the Site for violations of these Terms of Use; (2)take appropriate legal action against anyone who, in our sole discretion,violates the law or these Terms of Use, including without limitation, reportingsuch user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, ordisable (to the extent technologically feasible) any of your Contributions orany portion thereof; (4) in our sole discretion and without limitation, notice,or liability, to remove from the Site or otherwise disable all files andcontent that are excessive in size or are in any way burdensome to our systems;and (5) otherwise manage the Site in a manner designed to protect our rightsand property and to facilitate the proper functioning of the Site.

11. PRIVACY POLICY

Wecare about data privacy and security. Please review our Privacy Policy: http://www.pathwayprop.com.au/ privacy-policy. By using the Site, youagree to be bound by our Privacy Policy, which is incorporated into these Termsof Use. Please be advised the Site is hosted in Australia. If you access theSite from any other region of the world with laws or other requirementsgoverning personal data collection, use, or disclosure that differ fromapplicable laws in Australia, then through your continued use of the Site, you aretransferring your data to Australia, and you agree to have your datatransferred to and processed in Australia.

12.TERM AND TERMINATION

These Terms of Use shall remain in fullforce and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONOF THESE TERMS OF

USE, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE

(INCLUDING BLOCKING CERTAIN IP ADDRESSES),TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION

FOR BREACH OF ANY REPRESENTATION,WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAWOR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETEANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OURSOLE DISCRETION.

If we terminate or suspend your accountfor any reason, you are prohibited from registering and creating a new accountunder your name, a fake or borrowed name, or the name of any third party, evenif you may be acting on behalf of the third party. In addition to terminatingor suspending your account, we reserve the right to take appropriate legalaction, including without limitation pursuing civil, criminal, and injunctiveredress.

13.MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, orremove the contents of the Site at any time or for any reason at our solediscretion without notice. However, we have no obligation to update anyinformation on our Site. We also reserve the right to modify or discontinue allor part of the Site without notice at any time.

We will not be liable to you or any thirdparty for any modification, price change, suspension, or discontinuance of theSite.

We cannot guarantee the Site will beavailable at all times. We may experience hardware, software, or other problemsor need to perform maintenance related to the Site, resulting in interruptions,delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Site at any time or for any reason withoutnotice to you. You agree that we have no liability whatsoever for any loss,damage, or inconvenience caused by your inability to access or use the Siteduring any downtime or discontinuance of the Site. Nothing in these Terms ofUse will be construed to obligate us to maintain and support the Site or tosupply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Terms shall be governed by anddefined following the laws of Australia. Pathway Property Partners and yourselfirrevocably consent that the courts of Australia shall have exclusivejurisdiction to resolve any dispute which may arise in connection with theseterms.

15.DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control thecost of any dispute, controversy, or claim related to these Terms of Use (each"Dispute" and collectively, the €œDisputes€)​ brought by either youor us (individually, a €œParty€ and collectively, the €œParties€​                  )​ , the Parties agree to firstattempt to negotiate any Dispute (except those Disputes expressly providedbelow) informally for at least thirty (30) days before initiating arbitration.Such informal negotiations commence upon written notice from one Party to theother Party.

Binding Arbitration

Any dispute arising out of or inconnection with this contract, including any question regarding its existence,validity, or termination, shall be referred to and finally resolved by theInternational Commercial Arbitration Court under the European ArbitrationChamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of thisICAC, which, as a result of referring to it, is considered as the part of thisclause. The number of arbitrators shall be three (3). The seat, or legal place,of arbitration shall be Melbourne, Australia. The language of the proceedingsshall be English. The governing law of the contract shall be the substantivelaw of Australia.

Restrictions

The Parties agree that any arbitrationshall be limited to the Dispute between the Parties individually. To the fullextent permitted by law, (a) no arbitration shall be joined with any otherproceeding; (b) there is no right or authority for any Dispute to be arbitratedon a class-action basis or to utilize class action procedures; and (c) there isno right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.

Exceptions to InformalNegotiations and Arbitration

The Parties agree that the followingDisputes are not subject to the above provisions concerning informalnegotiations and binding arbitration: (a) any

Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rights of a Party;(b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctiverelief. If this provision is found to be illegal or unenforceable, then neitherParty will elect to arbitrate any Dispute falling within that portion of thisprovision found to be illegal or unenforceable and such Dispute shall bedecided by a court of competent jurisdiction within the courts listed forjurisdiction above, and the Parties agree to submit to the personal jurisdictionof that court.

16.CORRECTIONS

There may be information on the Site thatcontains typographical errors, inaccuracies, or omissions, includingdescriptions, pricing, availability, and various other information. We reservethe right to correct any errors, inaccuracies, or omissions and to change orupdate the information on the Site at any time, without prior notice.

17.DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS ANDAS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILLBE AT

YOUR SOLE RISK. TO THE FULLEST EXTENTPERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION

WITH THE SITE AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR

A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACYOR

COMPLETENESS OF THE SITE€™S CONTENT OR THECONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY

OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR

PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED

ACCESS TO OR USE OF OUR SECURE SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED

THEREIN, (4) ANY INTERRUPTION OR CESSATIONOF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR

THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLEVIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICEADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED

WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY

TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.

18.LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS,EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THESITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND

REGARDLESS OF THE FORM OF THE ACTION, WILLAT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US

STATE LAWS AND INTERNATIONAL LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.

19.INDEMNIFICATION

You agree to defend, indemnify, and holdus harmless, including our subsidiaries, affiliates, and all of our respectiveofficers, agents, partners, and employees, from and against any loss, damage,liability, claim, or demand, including reasonable attorneys€™ fees andexpenses, made by any third party due to or arising out of: (1) use of theSite; (2) breach of these Terms of Use; ( 3) any breach of your representationsand warranties set forth in these Terms of Use; (4) your violation of therights of a third party, including but not limited to intellectual propertyrights; or (5) any overt harmful act toward any other user of the Site withwhom you connected via the Site. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defense and control of anymatter for which you are required to indemnify us, and you agree to cooperate,at your expense, with our defense of such claims. We will use reasonableefforts to notify you of any such claim, action, or proceeding which is subjectto this indemnification upon becoming aware of it.

20.USER DATA

We will maintain certain data that youtransmit to the Site for the purpose of managing the performance of the Site,as well as data relating to your use of the Site. Although we perform regularroutine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using the Site.You agree that we shall have no liability to you for any loss or corruption ofany such data, and you hereby waive any right of action against us arising fromany such loss or corruption of such data.

21.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, andcompleting online forms constitute electronic communications. You consent toreceive electronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS,

AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR

COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an originalsignature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.

22.MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms ofUse is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties here to to execute these Terms of Use.

23.CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at team@pathwayprop.com.au