Terms of Use

CARTELUX PLATFORM AUTHORISED USER TERMS AND CONDITIONS


1. GENERAL


1.1 The Cartelux Platform and the Services made available through the Cartelux Platform are operated by Cartelux Australia Pty Ltd (ACN 624 773 422) (we, our or us).


1.2 By using, browsing or accessing the Cartelux Platform and Services, you acknowledge that you have read, understood and accept these Authorised User Terms and Conditions (Agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this Agreement, you must not access and use the Cartelux Platform and Services, and you will not be able to access or otherwise use Content and Services provided by the Cartelux Platform to users.


1.3 In this Agreement, User, you and your means the person authorised by the Customer to access and use the Cartelux Platform and the Services, and whose details are listed in the User Access Portal (and includes Personnel acting on your behalf or with your express or implied authority).


2. REGISTRATION AND ACCESS


2.1 We charge the Customer (and not you the user) to access and use the Cartelux Platformand Services.


2.2 To access and use the Cartelux Platform and the Services, you must be registered by the Customer who will create and setup an account on your behalf on the Cartelux Platform (User Profile). Your User Profile will be operated by a username (User Name) and password (Password) which can be changed any time by you accessing the User Access Portal. To setup a User Profile on the Cartelux Platform, you will be required toprovide Personal Information to us.


2.3 You are responsible for:


(a) maintaining control over, and the confidentiality of, your User Profile, User Name and Password;

(b) keeping your User Profile registration information current, complete, accurate, and truthful. You must not impersonate another account

holder or provide false identity information to gain access to or use the Cartelux Platform or Services;

(c) notifying us in writing of any unauthorised access to, or use of, your User Profile, User Name or Password; and

(d) for all activities or transactions that occur using your User Profile. We are not liable for any loss or damage arising out of, or in connection

with, any unauthorised access or use of, your User Profile, User Name and Password


2.4 At any time, you may edit, update, de-activate or change your User Profile; however, you will not be able to change your level of access. If you wish to change your level of access, you must contact the Customer.


3. YOUR OBLIGATION


3.1 Subject to the terms of this Agreement, we grant you a non-exclusive, personal, revocable, non-transferable and non-sub-licensable licence to access and use the Cartelux Platform and the Services. You must only use the Cartelux Platform and the Services to automate the production and distribution of online retail marketing and advertising campaigns for your or the Customer’s business (and not for persons or entities who are not Users or for any unlawful purpose).


3.2 You will not acquire, or be entitled to, any rights other than those rights expressly set out in this Agreement.


3.3 When using the Cartelux Platform and the Services, you must at all times:

(a) obtain and maintain all hardware, software and communications equipment necessary to access, and use the Cartelux Platform and the Services;

(b) comply with all Relevant Laws with respect to your obligations under thisAgreement; and

(c) comply with all of our directions, policies and guidelines, advised in writing to you from to time to time.


3.4 We will not be liable to you or anyone else if, for any reason, the Cartelux Platform and/or the Services is unavailable at any time or for any period. From time to time, we may suspend or restrict access to all, or some parts of the Cartelux Platform. You are responsible for making all arrangements necessary for you to access and use the Cartelux Platform and Services. You are also responsible for ensuring that all persons who access the Cartelux Platform (such as through your internet connection, mobile phone, computer or any other device) are aware of this Agreement, and that they comply with them.


3.5 You must not:

(a) introduce, access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the Cartelux Platform;

(b) violate any Cartelux IP or any third party Intellectual Property Rights;

(c) copy, modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the Cartelux

Platform, or any other third party software that you may access or use through the Cartelux Platform, in any way;

(d) access all or any part of the Cartelux Platform in order to build a product, service or code which competes or reproduces the Cartelux

Platform (in full or part);

(e) modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the

Cartelux Platform in any way, or otherwise learn the source code or algorithms underlying the Cartelux Platform;

(f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Cartelux

Platform available to any third party who is not a User; and

(g) engage in any activity or conduct that is in breach of any Relevant Laws.


4. USER DATA


4.1 The Cartelux Platform is an online platform that automates the production of online retail marketing and advertising campaigns for distribution across various online media and social media platforms on behalf of Customers and Users. The Cartelux Platform allows Customers and Users to create, edit, produce and distribute marketing and advertising campaigns across multiple online platforms by uploading, publishing, submitting or posting content, data and information on, or via, the Cartelux Platform, such as business contact information (including Personal Information), marketing and advertising information and content, branding content and account credentials relating to online media and social media platforms used by you (including User Data).


4.2 We are not responsible for uploading, maintaining, monitoring, deleting or censoring the User Data.


4.3 We do not recommend or endorse any User Data published, shared, created or uploaded on, or via, the Cartelux Platform. We disclaim all liability and responsibility arising from any reliance placed on such User Data, and any products and services provided therefrom, by any User of the Cartelux Platform or third party. We make no representations or warranties that use of the User Data will not infringe Intellectual Property Rights of any third parties.


4.4 The Customer and/or Users of the Cartelux Platform are responsible for the accuracy, legality, completeness and currency of all representations made in any User Data submitted, uploaded, displayed, created, produced or published on, or via, Cartelux Platform. To the maximum extent permitted by Relevant Laws, we do not warrant that the User Data submitted, uploaded, displayed or published on the Cartelux Platform (including any User Data created, edited or produced using the Services and any other products or services used in connection with the Cartelux Platform) are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of the Services and any other products or services used in connection with, or made available to you, on, or via, the Cartelux Platform or any User Data submitted, uploaded, displayed, created, produced or published on, or via, Cartelux Platform.


4.5 You agree to make your own enquiries to verify the information, content or data displayed or published on, or via, the Cartelux Platform, and to assess the accuracy, completeness. legality and currency of the User Data. If you choose to rely upon and use the User Data to automate the production and distribution of online retail marketing and advertising campaigns for your business, you do so at your own risk.


4.6 The User warrants, acknowledges and agrees that you have the right to post, publish, upload, submit and reproduce the User Data (and all Intellectual Property Rights contained within), on or via, the Cartelux Platform. If you do not have the right to upload or publish User Data on or via, the Cartelux Platform, you must not use the Cartelux Platform and Services until you have received permission from the owner of the User Data to upload, submit, post or publish the User Data on or via, the Cartelux Platform.


5. PAYMENT TERMS FOR MEDIA BASED TRANSACTIONS


5.1 Fees and Charges:

(a) The User may elect to pay for Media fees via Credit Card, based on the features and structures contained in the Cartelux Platform.

(b) Any payment via Credit Card will be subject to a an additional cost as identified within the Cartelux Platform before the user commits to the transaction..


5.2 Prepaid Float:

(a) Users may choose to prepay amounts to be held as a float in their account. This float will serve as a payment method for future campaigns.

(b) Any underspend on a particular campaign(s) will be credited to your account in the Cartelux Platform and be available for use on future campaigns.


5.3 Refunds and Account Closure:

(a) If the User elects to terminate their relationship with us and has an unused float balance, the User may request a refund of the remaining balance.

(b) Refund requests must be submitted in writing to accounts@cartelux.com within fifteen (15) days of account closure.

(c) Refunds will be processed within five (5) days of the refund request and will be returned to the payment method on file unless otherwise specified by the User.

(d) we reserve the right to impose a charge to cover the cost of any administrative or processing costs associated with the refund.


6. INTELLECTUAL PROPERTY RIGHTS


6.1 You acknowledge that we, or our licensors, are the owner of the Cartelux Platform (or any Intellectual Property Rights contained therein) including any information, Content, templates or technology that may be provided to, or accessed by, you in connection with your use of the Cartelux Platform and the Services (including any modifications, enhancements of the foregoing (Cartelux IP). Accessing and using the Cartelux Platform and the Services does not give you (or anyone else) ownership of, or any right, title or interest in the Cartelux IP.


6.2 Ownership of any User Data will vest in the creator of that User Data, but excluding Cartelux IP.


6.3 You grant us a worldwide, non-exclusive, royalty-free, perpetual and non-transferable licence to use, disclose, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy any User Data (and all Intellectual Property contained therein) for the purpose of:

(a) enabling us to provide you with access to, and use of the Cartelux Platform, the Services and otherwise perform our obligations and exercise our rights under this Agreement;

(b) informing you of products, services or events that we may offer from time to time or in relation to Third Party Products;

(c) identifying usage patterns, trends, and other statistical or behavioural data derived from use of the Cartelux Platform, in aggregated anonymized form, for the purposes of providing, operating, maintaining, or improving the Cartelux Platform or Services and for marketing purposes as further described in our Privacy Policy; and

(d) sharing User Data with an Affiliate or other third party (with whom we may contract or be affiliated with from time to time) for the purposes of performing or improving the Cartelux Platform or Services. For the avoidance of doubt, we do not sell your User Data (including Personal Information) to third parties or share your User Data (including Personal Information) with competitors or non-affiliated third parties.

(e) In any event, the IP Rights granted by any party are to be no more restrictive nor expansive than those contained in the respective SaaS agreement with the Customer.


7. OUR OBLIGATIONS


7.1 Subject to your compliance with the terms of this Agreement, we will use reasonable endeavours to provide you with access to and use of the Cartelux Platform and the Services.


7.2 The undertaking in clause 6.1 shall not apply in the event of:

(a) any non-conformance which is caused, or contributed, by use of the Services and the Cartelux Platform contrary to our instructions or the terms of this Agreement;

(b) modification or alteration of the Services and the Cartelux Platform by any party other than Cartelux or our duly authorised Personnel;

(c) the unsuitability or malfunction of the computer hardware or computer software in conjunction with which the Cartelux Platform and Services are used;

(d) Force Majeure Events; and

(e) the unsuitability or malfunction of the Services when used in conjunction with any software, platforms, applications and tools supplied by a third party provider.


7.3 In the event that we fail to provide you with access and use of the Cartelux Platform and the Services in accordance with clause 6.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 6.1.


7.4 You acknowledge and agree that Cartelux is not a digital marketing or advertising agency nor do we provide marketing and advertising services. The Cartelux Platform is an online platform or tool that assists Users to automate, create and distribute their own online marketing and advertising campaigns. Our role in providing you with access and use of the Cartelux Platform and the Services should be construed strictly in this context only.


8. NO WARRANTIES


8.1 To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the Cartelux Platform.


8.2 Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.


8.3 You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, we make no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency or security of the Cartelux Platform or the Services (or any User Data, products or services provided in connection with the Cartelux Platform or the Services) and we will not be liable if the Cartelux Platform or the Services, or becomes unavailable for any reason, including directly, or indirectly as a result of:

(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

(b) negligent, malicious, willful acts or omissions of third parties (including third party service providers) or other users;

(c) maintenance (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the Cartelux Platform;

(d) services provided by third parties (including internet service providers) ceasing or becoming unavailable; or

(e) a Force Majeure Event.


8.4 You acknowledge that, to the maximum extent permitted by Relevant Laws, we do not make any warranty or representation:

(a) that any information, data or Content uploaded or made available to you by us, the Customer or anyone else (including any User Data) on, or via the Cartelux Platform is accurate, complete, reliable, current or error-free, virus free or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis; and

(b) that you will make any profit, revenue, a minimum number of sales or increase your market share or client base by accessing or using the Cartelux Platform.


8.5 You acknowledge that your access to, and use of, the Cartelux Platform and use may be interrupted or unavailable during scheduled or unscheduled maintenance.


9. LIMITATION OF LIABILITY


9.1 To the maximum extent permitted by Relevant Laws, we will not be liable to you or any third party for:

(a) any Claims or Losses (including Consequential Loss); or

(b) loss of, or damage to, any property or any personal injury or death to you or any third person, arising out of, relating or connected to, the provision or use of the Cartelux Platform or the Services (including any User Data, Website or any products or services provided in connection with the Cartelux Platform or the Services) and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.


9.2 All risk in using the Cartelux Platform and Services passes to you upon creating a User Profile, or otherwise using the Cartelux Platform or Services (whichever is earlier). We do not control or direct what User Data is uploaded, shared, published, posted or otherwise transmitted by the Customer or User on, or via, the Cartelux Platform, and we are not responsible to you or anyone else for any actions, activities, conduct or transactions that occur as a result of, or in connection with your access to, and use of, the Cartelux Platform and the Services.


9.3 To maximum extent permitted by Relevant Laws, under no circumstances will our aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the greater of:

(a) AUD $100; or

(b) the Subscription Fees paid by the Customer for your access under the Cartelux Software-as-a-Service Agreement in the 12 months immediately preceding the date on which the Claim giving rise to such liability arose.


9.4 You agree to defend, indemnify and hold us, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:

(a) your access to, and use of, or reliance on the Cartelux Platform, the Services, the User Data or any products or services acquired or used by you on, or via, the Cartelux Platform;

(b) the use by you, your Personnel or any third party of the Cartelux Platform;

(c) any breach of any third party’s Intellectual Property Rights or other rights caused by you; or

(d) any breach by you or your Personnel of this Agreement.


10. THIRD PARTY PRODUCTS


10.1 You acknowledge that we may use Third Party Providers to enable us to provide you with access to, and use of, the Cartelux Platform, and that your use of and reliance on it, is solely at your own risk.


10.2 We do not endorse, sponsor or approve any Third Party Products or Third Party Providers made available on or via the Cartelux Platform. It is your sole responsibility to determine that specific products or services used by you which may be offered through the Cartelux Platform, meet your needs and/or are suitable for the purposes for which they are used.


10.3 Any rights you may have to access Third Party Products or Third Party Providers shall be limited to:

(a) the extent of our ability to pass on such rights to you; or

(b) the relevant Third Party Provider’s terms.


11. PRIVACY


All Personal Information you provide to open a User Profile and any User Data you upload, share, or publish on, or via, the Cartelux Platform, is subject to our Privacy Policy, which is incorporated into this Agreement. You warrant that, in relation to any Personal Information comprising User Data or any other information disclosed to us on, or via, the Cartelux Platform:

(a) it has been collected in accordance with relevant Privacy Laws required in both Australia and within your specific location;

(b) you have the authority to upload, post, publish or otherwise transmit such information on, or via, the Cartelux Platform; and

(c) you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for us to use, disclose, store, transfer, process or handle it.


12. TERMINATION


12.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):

(a) your User Profile;

(b) the Cartelux Platform;

(c) the Services’ and/or

(d) the Website and related social media pages, networks, products and services offered on, or via the Cartelux Platform.


12.2 Cause for such suspension or termination may include, but are not be limited to:

(a) any serious or repeated breaches or violations of this Agreement, our policies and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;

(b) serious or repeated breaches or violations of another person’s Intellectual Property Rights or privacy rights;

(c) the Customer or Cartelux terminates the Cartelux Software-as-a-Servicen Agreement;

(d) your activities, conduct or transactions on, or, via, the Cartelux Platform, which brings, or has the capacity to bring, Cartelux into disrepute; or

(e) requests by law enforcement or other government agencies.


12.3 You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.


13. FORCE MAJEURE


We shall not be responsible to you (or anyone else) if we are prevented from or delayed in performing our obligations, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).


14. UPDATES AND VARIATIONS


14.1 Without notice to you, we may, at out absolute discretion, from time to time:

(a) change, add or delete the functions, features, performance, or other characteristics of the Cartelux Platform; or

(b) apply or install updates to, or new versions of, the Cartelux Platform. 1.2 You acknowledge that the Content on the Cartelux Platform is subject to change at any time and may be out of date at any given time. We are under no obligation to:

(a) provide any user support services, update, correct or fix any Content or the Cartelux Platform; or

(b) notify you of any changes to the Content or the Cartelux Platform unless required by law to do so.


1.3 Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on the Cartelux Platform. Any changes are effective immediately upon posting to the Cartelux Platform. Your continued use of the Cartelux Platform thereafter constitutes your acceptance of all such changes to the Agreement.


1.4 Please read this Agreement before using the Cartelux Platform as the Agreement may have changed since the last time you accessed and used the Cartelux Platform. If you do not agree to any change, then you must immediately stop using the Cartelux Platform and the Services.


2. SEVERABILITY


If any provision in this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of this Agreement which will continue in full force and effect.


3. RELATIONSHIP


No agency, principal-agent, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by this Agreement.


4. ENTIRE AGREEMENT


This Agreement, any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).


5. TRANSLATION


This Agreement is drafted in the English language. If this agreement is translated into any other language, the English language text will prevail.


6. INCONSISTENCIES


No terms or conditions set out in any customer agreement, invoice or purchase order (or similar), issued by the Customer or User, will override this Agreement or the Cartelux Software-as-a-Service Agreement (and this Agreement and the Cartelux Software-as-a-Service Agreement will prevail, as the context permits).


7. JURISDICTION AND APPLICABLE LAW


7.1 The Cartelux Platform and Services are created and controlled by us in the State of Queensland, Australia. As such, the laws of the State of Queensland, Australia will govern this Agreement.


7.2 By using the Cartelux Platform and Services you submit to the exclusive jurisdiction of the courts of Queensland, Australia and agree that any legal action will only be commenced in this forum.


8. DEFINITIONS


In this Agreement, the following words shall have the following meanings:

(a) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.

(b) Cartelux Software-as-a-Service Agreement means the licence agreement or software-as-as-service agreement between Cartelux and the Customer in relation to the provision of the Cartelux Platform and the Services.

(c) Cartelux IP has the meaning given to it by clause 5.1.

(d) Cartelux Platform means the online platform owned and operated by Cartelux and made available to Customers and Authorised Users, and which is used by the Cartelux to provide the Services, including the application and database software for the Services (including content management system), the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property contained therein, provided or otherwise made available by Cartelux as part of the Services.

(e) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(f) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the Cartelux Platform.

(g) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement:

(i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;

(ii) loss of revenue, profit, income, bargain, opportunity (including marketing or advertising opportunity), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data;

(iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

(iv) loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.

(h) Customer means the person or entity who has been granted a non-exclusive licence to access and use the Cartelux Platform and the Services in accordance with Cartelux Software-as-a-Service Agreement.

(i) Force Majeure Event has the meaning in clause 12.

(j) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.

(k) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.

(l) Password has the meaning given to it by clause 2.1.

(m) Personnel means any person acting for or on behalf of a User and includes any director, officer, or employee or contractor, of the party.

(n) Personal Information means data by which a person may be personally identified, including a person's name, postal address, email address, telephone number and any other information a party collects, including that which is defined as personal or personally identifiable information under any applicable Privacy Laws.

(o) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles, and any other legislation, codes and policies relating to the handling of Personal Information applicable to the jurisdiction in which the user is located.

(p) Privacy Policy means our privacy policy available on the Cartelux Platform, which is incorporated into this Agreement.

(q) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.

(r) Services means:

(i) the subscription services provided by Cartelux to the Customer under this agreement, which subscription relates to the accessing and/or using of the Cartelux Platform for the purpose of automating the production of online retail marketing and advertising campaigns for distribution across various media and social media platforms; and

(ii) Support Services.

(s) Service Level Agreement means the agreement that documents the support and maintenance services to be provided by Cartelux to the Customer and the Authorised Users in connection with the Cartelux Platform and the Services.

(t) Support Services means the support and maintenance services related to the use and maintenance of the Cartelux Platform as set out in our Service Level Agreement.

(u) Third Party Products means software, products, services or content (including all Intellectual Property contained therein) that: (i) are provided by third parties;

(ii) interoperate with the Cartelux Platform; and/or (iii) may be identified as third party products.

(v) Third Party Providers means a supplier of Third Party Products.

(w) User Data means all information, material and data (including Personal Information):

(i) uploaded to, or stored on the Cartelux Platform by the Customer and/or User;

(ii) transmitted by, or through the Cartelux Platform at the instigation of the Customer and/or User;

(iii) supplied by a Customer, User and/or third party for uploading to, transmission by, or storage on, the Cartelux Platform; or

(iv) generated by the Cartelux Platform as a result of the use of the Services by the Customer and/or User.

(x) we, our or us means Cartelux Australia Pty Ltd (ACN 624 773 422) and where the context permits, includes our Personnel and Affiliates.

(y) Website means the Cartelux website located at www.cartelux.com or any other site notified by Cartelux from time to time.

(z) User, you or your has the meaning in clause 1.3.

(aa) User Access Portal means the self-service portal provided to the User to access and use the Cartelux Platform and the Services.

(bb) User Name means the unique name issued to the User when the User creates a User Profile.

(cc) User Profile has the meaning in clause 2.1.