Mobile App Terms of Use

Operative provisions

1.Definitions and interpretation

Definitions

In these Terms, the following definitions apply:

Defined terms used in this document
Account	means a user account created by a Student User to access and use the App and the Services, as described in clause 4.
Awards Feature	means the functionality of the App through which Student Users may enter and compete in the WolfPack Awards.
AWAYKON	means the AI-powered guidance tool made available through the App.
App	means the WOLFX mobile application made available by us through the App Stores, including all updates, upgrades, and new versions.
App Stores	means the Apple App Store, the Google Play Store, and any other digital storefront through which the App is made available by us.
Carpool Feature	means the carpool matching functionality of the App that connects Student Users sharing university-related or other journeys, as further described in our Acceptable Use Policy.
Carpool Match	means a connection or pairing between Student Users facilitated through the Carpool Feature.
Content	means all text, images, graphics, logos, audio, video, podcasts, data, software, listings, profiles, messages, and other material made available through the App.
Force Majeure Event	has the meaning given in clause 14.3.
Hustles Feature	means the functionality of the App that allows Student Users to list, advertise, discover, and connect with each other in relation to side ventures, casual work, and similar opportunities, as further described in our Acceptable Use Policy. The Hustles Feature is a listing and matching service only.
Intellectual Property	means all intellectual property rights, including patents, trade marks, designs, copyright, trade secrets, know-how, domain names, and any application or right to apply for registration of any of those rights.
Loss	means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing, or payment however arising, whether present, unascertained, immediate, future, or contingent, including reasonable legal costs on a solicitor and own client basis.
LUMEN Feature	means the collaborative vision board feature.
Marketplace Feature	means the functionality of the App that allows Student Users to list, advertise, discover, and connect with each other in relation to goods and services, as further described in our Acceptable Use Policy.
Marketplace Transaction	means sale, hire, or trade of goods or services agreed directly between Student Users. A Transaction is entered into, performed, and paid for entirely outside the App.
Messages	means the private one-to-one messaging functionality of the App that allows Student Users to communicate with each other following a match or a listing enquiry.
Parent	means a parent or guardian designated by a Student User to pay Subscription Fees on that Student User's behalf through the Parent Portal.
Parent Portal	means the functionality that allows a Parent to create an account connected to a Student User's Account and to pay Subscription Fees on that Student User's behalf.
Payment Processor	means the third party payment service provider engaged by us from time to time to process in-app payments through the App.
Podcast Content	means Podcast Content produced or licensed by us, including the WOLFX "Pack Chats" Podcast. Podcast Content is our Content and is not User Content.
Podcast Feature	means the access to the WOLFX-produced podcast episodes made available to Student Users for listening through the App.
Privacy Policy	means our privacy policy as made available at https://www.wolfxapp.com/legal/privacy, as amended from time to time.
Services	means the features, functionality, and services made available through the App from time to time, as described in clause 3, including the Hustles Feature, the Marketplace Feature, the Carpool Feature, the Podcast Feature, the Awards Feature, the Students Feature, AWAYKON, LUMEN, the Study Tools, and Messages.
Student User	means a person who is at least 18 years of age and a current or recently enrolled student at a Tertiary Institution, who has registered for an Account.
Study Tools	means the study and productivity functionality of the App, including AI study notes (and the notes-to-podcast, notes-to-video, presentation, and flash card and quiz outputs generated from them), presentation coaching, flash cards and quizzes, the study focus tool, and the speed-reading tool, as made available by us from time to time.
Subscription	means a paid, recurring subscription to the App purchased by you through an App Store or through the Website.
Subscription Fee	means the recurring fee payable by you for a Subscription, as notified to you before you subscribe and as varied in accordance with clause 7.
Terms	means these Mobile App Terms of Use, as amended from time to time in accordance with clause 13.
Tertiary Institution	means a university, TAFE, or other tertiary education institution recognised by us from time to time.
Third Party Services	means any third party product, service, application, plug-in, or platform that is integrated with, or accessible through, the App.
User Content	means any content, data, materials, listings, requests, messages, profile information, photographs, or other materials that you submit, post, upload, or otherwise make available through the App.
Website	means the website at https://www.wolfxapp.com.

Interpretation

In these Terms, unless the context otherwise requires:

1.1headings are for convenience only and do not affect interpretation;

1.2the singular includes the plural and vice versa;

1.3a reference to a person includes a corporation, partnership, joint venture, association, government body, or other entity;

1.4a reference to a statute, regulation, or other law includes all amendments, consolidations, and replacements;

1.5a reference to writing includes email; and

1.6where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

2.Acceptance and eligibility

2.1By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2.2You must be at least 18 years of age and a current or recently enrolled student at a Tertiary Institution to create an Account, transact through the App, or otherwise use the Services. The App is not designed for, and must not be used by, any person under 18 or any person who is not a Student User. A Parent must be at least 18 years of age but need not be a Student User; a Parent account is not an Account, gives access only to the Parent Portal, and does not give access to the App or the Services.

2.3You represent and warrant that:

(a)all information you provide to us about your age, identity, Tertiary Institution, course of study, and student status is true, accurate, and complete;

(b)you will promptly update that information when it changes; and

(c)you have all necessary rights, licences, and consents to submit any User Content you submit through the App.

2.4We may, at our discretion, require additional verification of your age, identity, or student status before allowing you to create an Account or access certain features or Services of the App (including the Carpool Feature, the Marketplace Feature, or the Hustles Feature). We may engage third party verification services for this purpose.

2.5We may require you to agree to additional terms and conditions that apply to specific features, Services, or promotions available through the App. Any such additional terms supplement and are to be read together with these Terms.

3.The App and the Services

3.1The App provides access to the following Services:

(a)the ability to create and manage an Account, build a user profile, and submit information about your studies, side projects, and interests;

(b)the Hustles Feature, which enables Student Users to list, advertise, and discover side ventures and casual work, and to be connected with other Student Users interested in them;

(c)the Marketplace Feature, which enables Student Users to list, advertise, and discover goods and services, and to be connected with other Student Users interested in them;

(d)the Carpool Feature, which enables Student Users to coordinate shared transport for university, study-related, or personal journeys;

(e)the Podcast Feature, through which we make WOLFX-produced podcast episodes available for listening;

(f)the Awards Feature, through which Student Users may enter and compete in the WolfPack Awards;

(g)the Students Feature, which allows Student Users to find, filter, and connect with other Student Users;

(h)AWAYKON, our AI-powered guidance tool;

(i)LUMEN, our collaborative vision board feature;

(j)the Study Tools; and

(k)in-app messaging and communication tools between Student Users, and broader community features.

3.2Access to the Services may require a Subscription, which is dealt with in clause 7. A Subscription may be paid for by a Parent through the Parent Portal. The App does not provide any payment, escrow, settlement, invoicing, or funds-transfer functionality between Student Users; the only payment you make through the App is the Subscription Fee.

3.3We may, at our sole discretion:

(l)introduce new features, Services, or pricing arrangements, or modify existing features, Services, or pricing arrangements;

(m)discontinue or suspend any feature or Service (in whole or in part); or

(n)impose limits on the use of, or access to, any feature or Service, at any time and without liability to you. Where a change is material, we will use reasonable endeavours to provide you with advance notice (including by in-app notification or email).

3.4We do not guarantee that the App or the Services will be available at all times or that access will be uninterrupted, timely, secure, or error-free.

4.Accounts

4.1To access the App and the Services, you must create an Account. When creating an Account, you must:

(a)provide accurate, current, and complete information (including your full legal name, date of birth, Tertiary Institution, course of study, email address, and mobile telephone number);

(b)only register where you are a Student User;

(c)keep your Account information up to date; and

(d)not create an Account using false information, a false identity, or the identity of another person without their authority.

4.2We may, at our discretion, require additional identity, student status, vehicle, or driver licence verification before allowing you to access certain Services (including before allowing you to list through the Hustles Feature or the Marketplace Feature, or offer Carpool Matches). We may engage third party identity or background verification services for this purpose.

4.3You are responsible for maintaining the confidentiality of your Account credentials (including your username, password, and any one-time codes) and for restricting access to the device on which you have installed the App. You must not share your Account with any other person. You must notify us immediately of any unauthorised access to, or use of, your Account.

4.4You are responsible for all activity that occurs under your Account, whether or not the activity is authorised by you, except to the extent that the activity is the result of our negligence, wilful misconduct, or breach of these Terms.

4.5We may suspend, restrict, or terminate your Account at any time if we reasonably believe you have breached these Terms (including our Acceptable Use Policy), provided false or misleading information, engaged in unlawful or harmful conduct, posed a risk to another Student User, or where continued access poses a risk to us, other Student Users, or the integrity of the App or the Services.

5.Licence to use the App

5.1Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial purposes as a Student User. This does not prevent you from using the Hustles Feature or the Marketplace Feature to list your own side ventures, goods, or services in accordance with these Terms and our Acceptable Use Policy.

5.2You must not, without our prior written consent:

(a)copy, reproduce, distribute, republish, or transmit the App or any Content, except as permitted by these Terms;

(b)modify, adapt, translate, reverse engineer, decompile, or disassemble the App or any part of it;

(c)create derivative works based on the App or any Content;

(d)remove or alter any copyright, trade mark, or other proprietary notice contained in the App or in any Content;

(e)use any data mining, robots, scraping, or similar data gathering or extraction methods on the App or its Content (including for the purpose of collecting information about other Student Users, Marketplace listings, or Podcast Content);

(f)use the App or any Content to develop, train, or fine-tune any competing product or service, or any machine learning model; or

(g)sublicense, rent, lease, lend, sell, or otherwise transfer the App or your rights under these Terms to any third party.

5.3All rights not expressly granted to you in these Terms are reserved by us or our licensors.

6.Features of the App

6.1Marketplace and Hustle listings

6.1.1A Marketplace or Hustles listing submitted through the App is an invitation for other Student Users to enter into a Marketplace Transaction on the terms set out in the listing. A response that accepts the listing creates a private contract for sale, hire, or trade between the relevant Student Users. We are not a party to that contract.

6.1.2Use of the Marketplace Feature and the Hustles Feature is subject to the additional eligibility, listing, and conduct requirements set out in our Acceptable Use Policy, including restrictions on prohibited and restricted items. You are responsible for ensuring that any goods, services, or side ventures you list comply with all applicable laws (including consumer protection, product safety, intellectual property, and tax laws), and that you have the right to sell, hire, or trade them.

6.2Carpool Matches

6.2.1A Carpool Match facilitated through the App is a private, non-commercial cost-sharing arrangement between the relevant Student Users. We are not a party to that arrangement. Use of the Carpool Feature is subject to the additional eligibility, conduct, vehicle, and safety requirements set out in our Acceptable Use Policy.

6.2.2Any cost-sharing between Student Users in connection with a Carpool Match must remain incidental and non-commercial. The cost-sharing amount paid by a passenger is intended only to contribute to the driver's out-of-pocket expenses (such as fuel, tolls, and parking) and must not be set, requested, or accepted in a way that would cause the Carpool Feature, or your use of it, to be characterised as a commercial passenger vehicle service, ride-sourcing service, or similar regulated activity in your jurisdiction.

6.3Podcast Content

6.3.1The Podcast Feature makes WOLFX-produced podcast episodes, including "Pack Chats", available to you for listening. Podcast Content is our Content and is not User Content. You must not download, copy, record, reproduce, broadcast, or redistribute any Podcast Content except as expressly permitted through the App, and must not remove or alter any credit, branding, or attribution. We may add, change, or remove Podcast Content at any time.

6.4Awards Feature

6.4.1The Awards Feature allows you to enter and compete in the WolfPack Awards (https://www.wolfxapp.com/legal/wolfpack-awards-terms) and Subscriber Milestone Competitions (https://www.wolfxapp.com/legal/subscriber-milestone-competition). Entry is subject to the separate terms and conditions we publish for the relevant award, which prevail over these Terms to the extent of any inconsistency in relation to that award. We may vary, suspend, or cancel any award in accordance with those terms and any permit under which it is conducted.

6.5Students Feature

6.5.1The Students Feature displays profiles of other Student Users, including students at your Tertiary Institution, allows those profiles to be filtered, and allows you to connect and communicate with them through Messages. Information you include in your profile will be visible to other Student Users through this feature. You should not include more personal information in your profile than you are comfortable making visible to other Student Users, and you must not use the Students Feature to harass, stalk, or repeatedly contact a Student User who has asked you to stop.

6.6AWAYKON

6.6.1AWAYKON is an AI-powered guidance tool. Responses generated by AWAYKON are produced automatically, are general in nature, and may be inaccurate, incomplete, or out of date. AWAYKON does not provide professional advice of any kind, including academic, career, financial, legal, medical, or mental health advice, and must not be relied on as a substitute for advice from a qualified professional or from your Tertiary Institution. You are responsible for verifying any information generated by AWAYKON before acting on it.

6.6.2AWAYKON is not a crisis or emergency service. If you or another person is at risk of harm, contact emergency services on 000 or an appropriate support service immediately.

6.7Study Tools

6.7.1Output generated by the Study Tools, including AI study notes and any podcast, video, presentation, flash card, or quiz generated from them, is produced automatically and may be inaccurate, incomplete, or out of date. You must independently verify any output before relying on it. We make no warranty as to the accuracy, completeness, or suitability of any output.

6.7.2You are solely responsible for complying with the academic integrity, assessment, and examination rules of your Tertiary Institution, and for determining whether the use of the Study Tools or any output they generate is permitted for a particular unit, task, or assessment. Our Acceptable Use Policy sets out further obligations that apply to your use of the Study Tools.

6.7.3You retain ownership of material you upload to the Study Tools, subject to the licence granted under clause 8. LUMEN vision boards are collaborative, and any content you contribute to a shared board is visible to the other Student Users with access to it.

6.7.4You acknowledge and agree that:

(a)we do not provide transport, retail, marketplace fulfilment, financial, professional, or media production services and are not a transport operator, ride-sourcing service, retailer, marketplace fulfilment provider, agent, broker, financial services provider, podcast publisher, or media production company;

(b)we do not process, hold, escrow, or transfer any money between Student Users, and we are not a payment facilitator, escrow agent, or collection agent;

(c)we do not vet, verify, or guarantee the quality, suitability, safety, or legality of any Carpool Match, Hustles or Marketplace listing, or Student User profile;

(d)we do not vet, verify, or guarantee the identity, character, qualifications, driver licence status, insurance status, vehicle, financial capacity, or fitness of any Student User beyond the limited account and student status checks described in clause 4;

(e)we do not vet, verify, or guarantee the quality, suitability, safety, or legality of any Carpool Match, Marketplace or Hustles listing, or item of Podcast Content; and

(f)you are solely responsible for assessing the suitability of any other Student User, listing, transaction, journey, or collaboration before proceeding, and for ensuring your own safety, the safety of your property, and compliance with all applicable laws.

6.7.5You must comply with all applicable laws, regulations, road rules, consumer protection requirements, and tax obligations in connection with any arrangement made through the App.

7.Payments between Student Users, and Subscriptions

7.1Payment processing

7.1.1The App does not provide any payment, escrow, settlement, invoicing, collection, or funds-transfer functionality between Student Users. We do not hold, receive, transmit, or handle any money passing between Student Users.

7.1.2Any payment between Student Users in connection with a Carpool Match, a Marketplace Transaction, a listing made through the Hustles Feature, or any other arrangement is made directly between the relevant Student Users, outside the App, by whatever means they agree between themselves. We are not a party to any such payment, we charge no fee on it, and we take no responsibility for it.

7.1.3Because we do not process those payments, you acknowledge that we cannot verify that a payment has been made, received, or was in the correct amount; cannot reverse, refund, cancel, or charge back a payment; do not provide escrow, buyer protection, seller protection, or any payment guarantee; and do not provide a dispute resolution service in relation to payments. Any payment dispute is solely a matter between the relevant Student Users.

7.1.4You should exercise care before paying, or accepting payment from, another Student User. You should not send money to a person you have not met or verified, should be cautious of any request for payment by an irreversible method, and should report any suspected scam to us in accordance with clause 11.

7.2Subscriptions

7.2.1Access to the App may require a Subscription. A Subscription may be purchased in-app through the applicable App Store, or through the Website. Subscription Fees are payable in Australian dollars and are inclusive of GST where applicable. Subscription payments are processed by the applicable App Store or by the Payment Processor; we do not store full payment card details.

7.3Parent Portal

7.3.1You may designate a parent or guardian (each, a Parent) to pay Subscription Fees on your behalf through the Parent Portal. When you designate a Parent to pay on your behalf, the Parent will be able to create an account that is connected to your Account, and will then be able to pay Subscription Fees on your behalf. If you are a Parent, you authorise us and the Payment Processor to charge the applicable amount to your nominated payment method.

7.3.2A Parent account is not an Account and does not give the Parent access to the App, the Services, or your Messages, listings, profile content, or Study Tools material. A Parent may see your subscription status, billing history, and the fact that the accounts are connected. Our handling of a Parent’s personal information is described in our Privacy Policy.

7.3.3You may withdraw a Parent designation, and a Parent may end the connection, at any time through Account settings in the App or on the Website. A Parent may cancel a Subscription they are paying for in the same way as a Student User under this clause 7. Withdrawal, cancellation, or a failed Parent payment takes effect at the end of the then-current Subscription Term, and you remain responsible for any Subscription Fee that is not paid by a Parent.

7.3.4The Subscription Fee, each billing period (your Subscription Term), and the details of any free trial or introductory offer will be disclosed to you before you complete your purchase. Your Subscription will automatically renew at the end of each Subscription Term at the then-current Subscription Fee, and you will be charged through the payment method used at the point of purchase, unless you cancel at least 24 hours before the end of the then-current Subscription Term.

7.4Cancellation and changes

7.4.1Where you purchased your Subscription through an App Store, you must cancel it through your App Store account settings; we are not able to cancel it for you. Where you purchased your Subscription through the Website, you may cancel it through your Account settings or by contacting us at support@wolfxapp.com. Cancellation takes effect at the end of the then-current Subscription Term, and you retain access until then.

7.4.2We may change the Subscription Fee from time to time. We will give you at least 30 day notice of any increase, and the change will take effect from the start of your next Subscription Term. If you do not accept the change, you may cancel before that Subscription Term begins.

7.5Refunds

7.5.1We may, in our sole discretion and on a goodwill basis, refund a Subscription Fee where we consider it appropriate to do so, including in the case of suspected fraud, breach of these Terms or our Acceptable Use Policy, or a clear failure of the Service or the Payment Processor.

7.5.2Nothing in this clause 7 limits your rights under the Australian Consumer Law, including your right to a remedy where a Service is not supplied with due care and skill or is not reasonably fit for its disclosed purpose.

7.6Failed payments

7.6.1If a payment method fails or we are otherwise unable to collect an amount owed to us (including a Subscription Fee), we may suspend or restrict your access to the Services, or cancel your Subscription, until the amount is paid. You remain liable for any unpaid amounts and for any reasonable costs incurred by us in recovering them.

7.7Tax responsibility

7.7.1You are responsible for determining and meeting any tax obligations that may apply to amounts you receive in connection with any arrangement made following an introduction through the App (including any income tax, GST, or other tax obligations in connection with Marketplace Transactions, side ventures, or cost-sharing arrangements). We do not provide tax advice.

8.User Content and communications

8.1You retain ownership of any Intellectual Property rights that you hold in your User Content. By submitting User Content to the App, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to use, host, store, reproduce, modify, adapt, publish, communicate, display, and distribute your User Content, solely for the purposes of:

(a)operating, maintaining, securing, and improving the App and the Services (including matching, listing, distribution, communication, and moderation features);

(b)providing the Services to you and to other Student Users;

(c)processing material you upload to the Study Tools or AWAYKON in order to generate output for you, and displaying content you contribute to a shared LUMEN vision board to the other Student Users with access to it; and

(d)content moderation, fraud prevention, and compliance with our legal obligations.

8.2Our use of personal information is further described in our Privacy Policy.

8.3You represent and warrant that, in respect of all User Content you submit:

(e)you have all necessary rights, licences, releases, and consents to submit that User Content and to grant the licence in this clause 8;

(f)the User Content does not infringe, misappropriate, or violate the Intellectual Property rights, privacy rights, publicity rights, or other rights of any third party (including any person featured in, or referenced by, your User Content); and

(g)the User Content complies with these Terms, our Acceptable Use Policy, and all applicable laws.

8.4You are responsible for any communications you send through the App, and for any information you share with another Student User. You should not share more personal information than is reasonably necessary to coordinate the relevant arrangement. We may monitor in-app communications and User Content for compliance with these Terms and our Acceptable Use Policy.

9.Intellectual property

9.1All Intellectual Property in and to the App, the Services, and all Content (including text, graphics, logos, images, software, and the design, selection, and arrangement of those materials) is owned by or licensed to us. Nothing in these Terms transfers any Intellectual Property to you.

9.2Except as expressly permitted by these Terms, you must not use any of our Intellectual Property (including our trade marks, logos, or branding) without our prior written consent.

9.3If you provide us with any feedback, suggestions, or ideas about the App or the Services, you assign to us all Intellectual Property rights in that feedback and we may use it for any purpose without compensation or attribution to you.

10.Third Party Services and App Stores

10.1The App may integrate with, or allow access to, Third Party Services (including the Payment Processor, mapping providers, identity and student verification providers, podcast distribution platforms, App Store billing services, third party artificial intelligence providers used to operate AWAYKON and the Study Tools, and Tertiary Institution single sign-on providers). We do not own or control Third Party Services and are not responsible for their availability, content, accuracy, privacy practices, or conduct. Your use of Third Party Services is subject to the terms and privacy policies of the relevant third party.

10.2You acknowledge and agree that:

(a)these Terms are between you and us, and not with any App Store;

(b)the applicable App Store is not responsible for the App or its content, and has no obligation to provide maintenance or support for the App;

(c)you must comply with any usage rules set by the applicable App Store (including the Apple App Store Terms of Service or Google Play Terms of Service) in addition to these Terms;

(d)the applicable App Store is a third party beneficiary of these Terms and is entitled to enforce these Terms against you;

(e)where you make a payment through the App, the Payment Processor's terms apply to that payment in addition to these Terms; and

(f)where you purchase a Subscription through an App Store, that purchase is a transaction between you and the App Store. The App Store’s billing, auto-renewal, cancellation, and refund terms apply to it, and any refund request must be made to the App Store.

10.3If there is any inconsistency between these Terms and the usage rules of the applicable App Store, the usage rules prevail to the extent of the inconsistency.

11.Reporting concerns

11.1If you experience or witness any conduct, content, or arrangement that you reasonably believe breaches these Terms or our Acceptable Use Policy, poses a risk to you or another Student User, or involves any unlawful conduct, you should:

(a)in the case of an emergency or suspected crime, contact emergency services on 000 (or the relevant emergency number in your jurisdiction) immediately;

(b)contact your local police or other competent authority where the circumstances warrant; and

(c)report the matter to us through the in-app reporting function or at support@wolfxapp.com as soon as reasonably practicable.

11.2We will review reports of alleged breaches of these Terms or our Acceptable Use Policy in good faith. We may request further information, liaise with relevant authorities, and take any action we consider appropriate (including suspending or terminating Accounts and removing Content).

11.3We are not a law enforcement body. We cannot investigate or determine criminal or civil liability, and the making of a report to us does not substitute for reporting the matter to the police or another competent authority where the circumstances warrant it.

12.Disclaimers and limitation of liability

12.1The App, the Services, and all Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

12.2Without limiting clause 12, we do not warrant or represent that:

(a)the App will be compatible with your device, operating system, or other software;

(b)the App or the Services will be available without interruption or that any defects will be corrected;

(c)the App, the servers that make it available, or any files transmitted through the App are free from viruses or other harmful components;

(d)any Student User, vehicle, Marketplace or Hustle listing, or arrangement facilitated through the App is safe, suitable, lawful, or appropriate for you;

(e)any Student User is who they claim to be, holds the qualifications, driver licence, or insurance they claim to hold, or has the right to sell, hire, or distribute the goods or services they offer; or

(f)any output generated by AWAYKON or the Study Tools is accurate, complete, current, suitable for your purpose, or permitted under the rules of your Tertiary Institution.

12.3To the maximum extent permitted by law, we exclude all liability (whether arising in contract, tort (including negligence), under statute, or otherwise) for any Loss arising out of or in connection with your download, installation, access to, or use of the App or the Services, including any Loss arising from:

(g)any errors, omissions, or inaccuracies in any Content, user profile, listing, Carpool Match, Marketplace Transaction, or Podcast Content;

(h)any decision made or action taken (or not taken) by you in connection with the App;

(i)the acts or omissions of any Student User, including any conduct before, during, or after a journey, transaction, or collaboration;

(j)any injury, loss, damage, or other harm suffered by you or any other person in connection with an arrangement facilitated through the App;

(k)any interruption, suspension, or discontinuation of the App or any Service;

(l)any failure, delay, or error in the processing of a Subscription Fee payment by the Payment Processor or an App Store;

(m)any viruses or other harmful components transmitted through the App;

(n)any unauthorised access to, or use of, our servers or any personal information stored on them;

(o)any Third Party Services accessed through the App;

(p)any payment made, or not made, between Student Users outside the App, including any non-payment, underpayment, fraud, scam, or misdirected payment; or

(q)your reliance on any output generated by AWAYKON or the Study Tools, including any academic or disciplinary consequence arising from it.

12.4To the extent that our liability cannot be excluded by law, our total aggregate liability to you for all claims arising out of or in connection with the App, the Services, or these Terms is limited, at our option, to:

(r)the resupply of the relevant Services; or

(s)the total of all Subscription Fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

12.5Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

13.Modifications to these terms

13.1We reserve the right to amend, modify, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms within the App or on the Website.

13.2Where the changes are material, we will use reasonable endeavours to notify you in advance, including by in-app notification, email, or another appropriate means. Your continued use of the App after any changes take effect constitutes your acceptance of the revised Terms.

13.3If you do not agree with any changes to these Terms, you must cease using the App and may close your Account in accordance with clause 15.

14.Force majeure

14.1We are not liable for any failure or delay in making the App available or performing any obligation in connection with these Terms to the extent that the failure or delay is caused directly by a Force Majeure Event, provided that:

(a)we use reasonable endeavours to minimise the impact of the Force Majeure Event and to resume normal service as soon as practicable; and

(b)the failure or delay is not attributable to our negligence, wilful misconduct, or failure to take reasonable precautions.

14.2If a Force Majeure Event prevents us from making the App available for a continuous period of more than 60 days, we may discontinue the App (in whole or in part) without liability to you.

14.3For the purposes of these Terms, Force Majeure Event means any event or circumstance beyond our reasonable control, including:

(c)acts of God, flood, earthquake, storm, cyclone, or other natural disaster;

(d)epidemic, pandemic, or public health emergency declared by a government authority;

(e)war, invasion, acts of terrorism, riot, or civil unrest;

(f)government action, law, regulation, order, or embargo;

(g)failure of third party infrastructure, including telecommunications, power networks, or cloud computing services; and

(h)cyberattack, distributed denial of service attack, or other malicious interference with digital infrastructure.

14.4For the avoidance of doubt, a Force Majeure Event does not include financial difficulty or inability to pay.

15.Termination

15.1These Terms remain in force until terminated in accordance with this clause 15.

15.2You may terminate these Terms at any time by:

(a)closing your Account through the in-app controls, through the Website, or by contacting us at support@wolfxapp.com; and

(b)uninstalling the App from all of your devices.

15.3We may terminate these Terms and your access to the App and the Services immediately by notice to you if:

(c)you breach these Terms (including our Acceptable Use Policy) in a material respect and do not remedy the breach (if capable of remedy) within 14 days of receiving notice from us;

(d)we reasonably believe that your continued use of the App poses a risk to us or to another Student User;

(e)you provide false or misleading information, or fail to maintain the eligibility requirements in clause 2; or

(f)we cease to operate the App (in whole or in part).

15.4On termination of these Terms:

(g)your right to access and use the App and the Services immediately ends;

(h)you must uninstall the App from all of your devices;

(i)any Subscription Fees or other amounts owed to us up to the effective date of termination remain payable, and we will not refund Subscription Fees except where required by law or where we have terminated these Terms because we have ceased to operate the App (and not due to your breach or fault);

(j)closing your Account does not by itself cancel a Subscription purchased through an App Store - you must also cancel it through your App Store account settings; and

(k)any provisions of these Terms that by their nature should survive termination (including clauses on Intellectual Property, liability, indemnity, and governing law) will continue in force.

16.General

16.1Governing Law: These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

16.2Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

16.3Waiver: A failure or delay by us in exercising any right, power, or remedy under these Terms does not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that right or any other right, power, or remedy.

16.4Entire Agreement: These Terms, together with our Website Terms of Use, Website Disclaimer, Privacy Policy, Acceptable Use Policy, and Cookie Policy, constitute the entire agreement between you and us in relation to your use of the App and the Services and supersede all prior agreements, representations, and understandings.

16.5Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any third party without your consent.

16.6Contact: WOLFX APP PTY LTD can be contacted at support@wolfxapp.com or by writing to Level 10, 369 Royal Parade, Parkville VIC 3052.