User AgreementLast updated: 1 January 2024 The following User Agreement (the "Agreement") governs the use of the Drifter App (the "App"), including, without limitation, the mobile application (“Mobile App”), for event/activity searches and the creation of travel itineraries, provided on a paid subscription basis, as provided or made available to individuals by KFM Events. Please read the terms and conditions contained in this Agreement carefully. You can access this Agreement any time at www.drifterapp.co (“Drifter website”). Your use of and/or registration with and subscription to the App will constitute your ongoing acceptance of this Agreement. If you cannot accept this Agreement, please do not use the App. A “User” is a person or thing using a computer, network service, browser, website or app. A User is a Body with authority to use Drifter App and website. User means the authorised App Subscriber as authorised by Drifter App to use the services in accordance with this Agreement and the User’s subscription. Drifter reserves the right to modify or replace this Agreement at any time and in Drifter’s sole discretion. The date at the top of this Agreement is the date it was last updated. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Agreement). It is your responsibility to regularly check the Drifter App or Drifter website to determine if there have been changes to this Agreement and to review such changes. Your continued use of the App following the posting or effective date of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the App.Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Drifter App or Drifter website may result in suspension or termination of your access to the App, without notice, in addition to Drifter’s other remedies. 1. Accountsi. Creation, Use and UpdatesDrifter may at times require that you register and/or set up an Account subscription to use all or a portion of the App. You may be required to choose a password, User ID, and/or other registration information, such as credit card information for Drifter App made available on a paid subscription basis (collectively, the "Registration Information"). All Registration Information you provide must be accurate and up-to-date. You must use your real name and may not create a false identity, misrepresent your identity or create an account for anyone other than yourself. Any corresponding information (eg, business names, email addresses) must be real, accurate and up-to-date. If any of your Registration Information changes, or if we ask you from time to time to validate such information, you must immediately update it by editing your customer profile on the App. In our sole discretion, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is offensive. If you register and/or set up an account on the App, you are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the App by you and anyone you allow to access the App. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without Drifter’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. ii. Maintenance of Registration InformationIf you register and/or set up an account on the App, you are solely responsible for maintaining the confidentiality of your Registration Information, and for any failure to do so. You are solely responsible for all use of the App by you and anyone you allow to access the App. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without Drifter’s written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. iii. Security; Mobile Use Precautions If you have reason to believe that your account is no longer secure (eg, loss, theft or unauthorised disclosure or use of your Registration Information or computer or mobile device used to access the App), you must promptly change the affected Registration Information and notify Drifter via www.drifterapp.co/contact. If you elect to receive messages or other communications from the App directly to your mobile device, you are solely responsible for keeping the App updated with your current phone number. Drifter shall not be liable for information sent to a device that is associated with your outdated mobile phone number. If you install any software or enable any App that stores information from the App on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or App, to prevent unauthorised access to your information or account. 2. Use of the Appi. Personal and Lawful Use OnlyUnless otherwise specified, Drifter grants you a limited right to use the App for your personal, non-commercial use only. You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not do, nor attempt to do, any of the following with respect to the App, except as expressly authorised in writing or otherwise enabled by Drifter: a. access the App in a manner or through an interface not provided or authorised by Drifter, including but not limited to, any automated means (eg, scripts or bots); b. reproduce, duplicate, copy, sell, trade, resell or exploit the App; and c. republish or syndicate the information available on the App (including but not limited to information made accessible to non-paying users via any portion of the App provided on a paid subscription basis). ii. Use by ChildrenThe App is not intended for users under the age of 16, and Drifter does not knowingly collect personally identifiable information from or about individuals under the age of 16, and users are expressly prohibited from submitting personally identifiable information about individuals under 16 to us; any such information submitted by users will not knowingly be used, posted, or retained by us. iii. User ConductYou agree not to use the App to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. iv. Privacy PolicyWe may collect registration, payment, and other information about you through the App. Our collection and use of this information is described in our Privacy Policy at www.drifterapp.co/privacy. You agree to our data practices, including the collection, use, transmission and disclosure of your information as described in our Privacy Policy, as well as the transfer and processing of your information to Australia and other countries/regions, regardless of where you use the App. You acknowledge that the laws, regulations, and standards of the country/region in which your information is stored or processed may be different from those of your own country/region. 3. Intellectual Propertyi. Use of MaterialThe App contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the App. You may download material from the App and may use the App for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. ii. Ownership and ControlThe content, organisation, graphics, text, images, video, design, compilation, advertising and all other material on the App, including without limitation, the "look and feel" of this website and Mobile App, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Drifter or its licensors. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited. iii. Compliance with Laws and AgreementYou agree to use the App only for purposes that are permitted by any applicable law, rules or regulations, and as permitted by this Agreement. iv. InterferenceYou agree not to disrupt, overwhelm, attack, modify or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the App. You further agree not to alter or tamper with any information or materials on or associated with the App. Other than connecting to Drifter’s servers by http requests using a web browser or through the mobile App, you may not attempt to gain access to Drifter’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise. v. Linking to Other SitesYou acknowledge that Drifter has not reviewed and does not endorse the content of all sites linked to from this App and is not responsible for the content or actions of any other sites linked to or from this App. Your linking to any other App or site is at your sole risk. By linking this App to another App or site, you expressly agree to the disclosure of User Content permitted by or required to support such linking. You acknowledge that the App may include advertisements and that Drifter is not responsible for the content of such advertisements. Where Drifter accesses mapping information Mapbox or similar APIs or otherwise launches Mapbox mapping Apps as part of your use of the App, your use of such mapping or address information is further subject to Mapbox terms and conditions and privacy policy.4. User Contenti. User ResponsibilityYou are solely responsible for the profiles (including your name), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the App, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the App that you did not create or that you do not have permission to post. You understand and agree that Drifter may, but is not obligated to, review the App and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. ii. Content LicenseWhen you post User Content to the App, you authorise and direct us to use and disclose the User Content as necessary to provide the App and to make such copies thereof as we deem necessary to facilitate the transmission, posting and storage of the User Content on the App. By posting User Content to any part of the App, you automatically grant, and you represent and warrant that you have the right to grant to Drifter and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the App or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the App at any time, but you acknowledge that Drifter may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect. iii. OwnershipWe do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement and the terms of Section 4(iv), you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the App will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. iv. FeedbackNotwithstanding Section 4(iii), if you provide Drifter with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that (a) any and all right, title and interest to such Feedback shall become the exclusive property of Drifter, (b) Drifter shall be able to use and share such Feedback without your consent, only if Drifter does not use your first and last name, (c) if you give prior consent, Drifter shall be able to use and share such Feedback while including your first and last name, (d) Drifter owes you no obligation or compensation whatsoever regarding the Feedback, and (e) Drifter may already have contemplated or be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to Drifter. 5. Fees and Payments for Paid Accountsi. SubscriptionAs used in this Section 5, “Subscription” means any App made available as part of the service on a paid subscription basis. If you subscribe to Drifter, you agree to pay any and all applicable fees (eg, recurring monthly or annual subscription fees) incurred in connection with your account at the rates in effect when the charges were incurred. DRIFTER WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD AT THE BEGINNING OF THE BILLING PERIOD, AND BILLING WILL RECUR AUTOMATICALLY AT THE INTERVAL YOU CHOSE AT SIGNUP UNTIL YOU CHANGE OR TERMINATE YOUR ACCOUNT. Any change in the chosen payment method will go into effect for the next billing period. If you change your account to a type that does not require a paid subscription, you will retain access to the features for which you have already paid until the end of the current billing period. In contrast, if you terminate your account, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid. You agree to pay any applicable taxes, and reimburse us for any collection costs and interest for any overdue amounts. ii. Subscription Free Trial OffersIf you receive a Subscription free trial offer for a specific number of days, you will not be charged during the free trial time period if you elect to create an account for such Subscription. YOU WILL BE AUTOMATICALLY CHARGED IMMEDIATELY FOLLOWING THE END OF YOUR FREE TRIAL PERIOD FOR THE SUBSEQUENT PERIOD, IN ADVANCE, IN ACCORDANCE WITH THE “SUBSCRIPTIONS” TERMS STATED ABOVE IN SECTION 5(i). YOU WILL CONTINUE TO BE AUTOMATICALLY CHARGED AT THE REGULAR INTERVAL APPLICABLE TO THE APP YOU HAVE CHOSEN (EG, ANNUALLY OR MONTHLY) UNTIL YOU DECIDE TO CANCEL. You are limited to one free trial per Drifter App Subscription. iii. Cancellation; No refundsYou can cancel your Subscription at any time during the applicable subscription period, and such cancellation of Drifter App subscription will be effective immediately, but all fees and charges prior to your cancellation are non-refundable. To cancel a free trial offer, you must cancel the Drifter App Subscription prior to the end of the free trial offer period. Please make a note of when your free trial will expire as you may not receive additional notice prior to the automatic charge if you do not cancel before the free trial period expires. If you cancel a Subscription after you have already registered under a free trial offer for the App and attempt to register for an additional free trial of the same Subscription, Drifter will automatically charge your credit card in accordance with the “Subscriptions” terms stated above in Section 5(i). IF YOU DO NOT WISH TO PAY THE APPLICABLE FEES FOR A DRIFTER APP SUBSCRIPTION, YOU SHOULD CANCEL YOUR ACCOUNT BEFORE THE FREE TRIAL PERIOD ENDS AND NOT COMPLETE ANY SUBSEQUENT REGISTRATION FOR THAT SUBSCRIPTION. Cancellations may be made within the settings menu in the online version of the App and following the prompts. You may also cancel the Subscription by contacting Drifter at www.drifterapp.co/contact. iv. Third Party Charges and Mobile AlertsYou are solely responsible for any fees or charges incurred to access the App through an Internet access provider or other third party, which may be billed to You or deducted from Your prepaid balance by Your mobile provider. You agree that Drifter is not liable in any way for any third-party charges. 6. Copyright ComplaintsWe respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the App any materials that violate another party’s intellectual property rights. If you believe that any material on the App infringes upon any copyright which you own or control, in accordance with the Australian Copyright Act 1963, you may submit a written notification of such infringement to us at www.drifterapp.co/contact. 7. IndemnificationYou agree to indemnify Drifter and KFM Events and its affiliates, employees, agents, directors, representatives and third-party App Providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your submissions, from your unauthorised use of material obtained through the App, or from your breach of this Agreement, or from any such acts through your use of the App. 8. Liability Disclaimer and Limitation of LiabilityYou acknowledge that you are using the app at your own risk. The app is provided "as is". To the maximum extent permitted by applicable law Drifter, Drifter’s affiliates, KFM Events and its third party app providers hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Drifter, Drifter affiliates, KFM Events and its third-party app providers do not represent or warrant that access to the app will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the app. Drifter does not warrant the accuracy or completeness of any information included in any itinerary or other information created or provided through the app or obtained from third party or other travel suppliers. Users are solely responsible for ensuring the accuracy of all information provided to the App and Drifter shall undertake no responsibility for damages caused by the inclusion of erroneous, incomplete or outdated information in such itineraries. The events, activities, experiences, businesses, companies, travel agencies and/or other suppliers providing information to you are independent contractors and not agents or employees of Drifter, KFM Events or its affiliates. Drifter’s display through the App of events, activities, experiences and/or travel information of, or ability to connect accounts with, such third parties does not constitute any sponsorship or approval by Drifter of such supplier or any affiliate of such supplier. Your interaction with such suppliers of events, activities, experiences etc is at your own risk. Drifter and its affiliates will have no liability for the acts or omissions, representations or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Drifter and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, date change, time change, venue change, force majeure, or other causes beyond our direct control for any listed events, activities, experiences etc. To the maximum extent permitted by applicable law, Drifter, its affiliates, and their respective providers shall not be liable to you or any third parties for any indirect, special, consequential or punitive damages related to the App, including any reliance on content or information in the App. Regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. The User agrees to indemnify and hold the Consultant harmless from and against any and all claims, demands, causes of action, and all damages, liabilities, costs (including without limitation settlement costs) or associated expenses (including without limitation legal fees) directly arising from any breach of this Agreement by the Consultant, any negligent acts or omissions by the Consultant, or from any act or thing done on the Consultant’s specific instructions, or with the Consultant’s specific approval.9. App Modification and Availability; Termination or Suspension of Access to the AppDrifter has the right to modify the App at any time without notice, including adding or removing features or functionality. Not all features and functionality will be available in all markets, and the features and functionality of the App may be different than the version of the App on the website. Drifter has the right to terminate and/or suspend your ability to access the App or any portion thereof, for any or no reason, without notice. 10. General ProvisionsIf any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. This Agreement is written in the English language. If any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.