Terms of service

Effective as at: 09 June 2026

The Calination Platform is an Australian classified, enabling users to buy and sell pre-loved and new calisthenics costumes.

This page sets out the terms of use (Terms) for using our Platform. The defined terms used in these Terms are explained in clause 2.

Your entire Agreement with Calination when using the Platform consists of:

We’ll refer to all of the pages listed above as our "Agreement". See clause 3 for how you agree to be bound by this Agreement.

 

1. Agreement Summary

You must review this Agreement in full before proceeding with using the Platform or registering an Account. For your convenience and understanding, a general summary of your key undertakings is as follows:

(a)  True Descriptions – Consumer Laws: You must provide accurate, comprehensive and not misleading information in all Listings. Consumers, even those buying second-hand goods, have various rights and guarantees under the Consumer Laws which cannot be excluded in Listings – even if you say so, which is also the offence of misleading and deceiving people. So, Sellers must clearly list any defects or deficiencies in Goods in all Listings to avoid misrepresenting the condition or quality of the Goods.

(b)  Your Privacy – Privacy Laws: We take our privacy obligations seriously, in line with our Privacy Policy and Privacy Laws. We may collect and store data about your use of the Platform while you continue to hold an Account on the Platform or while we reasonably consider we have a need to retain your data for operational, legal or other genuine business purposes.

(c)  Risks and Online Safety: Making purchases online comes with inherent and unfortunately not entirely avoidable risk. Never give out your bank details or other financial information over the internet. Always verify the condition of the item in person wherever possible and with appropriate professional guidance where appropriate. Some Goods carry inherent, unique risks and instructions for proper use, which you accept and promise to adhere to.

(d)  Community Behaviour: You must not use the Platform for any illegal purpose, and you must be respectful and courteous in all interactions with other Users and Calination Personnel on the Platform. We rely on our community to follow the rules of engaging with our Platform as set out in this Agreement, including our Posting Policies, to ensure we can provide a safe, convenient and useful Platform for all Users.

(e)  Take Action Against Misuse: We encourage you to report any User who you suspect may be in violation of this Agreement. We may revoke your account (or the Account of any other User who you may be dealing with) at any time if we suspect you (or any other User) is in breach of this Agreement, without notice or liability to you. We may also issue warnings or take other steps we see fit.

 

2. Define Words Used In These Terms

In these terms, the following capitalised words and phrases have the following meaning:

(a)  Account: means your individual profile on the Platform, Seller Portal and all associated Content.

(b)  Content: has the meaning given in clause 10(a).

(c)  Consumer Law: means the Competition and Consumer Act 2010 (Cth) as amended from time to time including the Australian Consumer Law set out in Schedule 2, and all related regulations.

(d)  Consumer: means any User who uses the Platform to purchase Goods.

(e)  Goods: means any item, second-hand items, listed for sale on the Platform.

(f)  Calination: means Burns Digital Pty Ltd ACN 620 344 514 and its related bodies corporate, directors, employees, contractors, and agents.

(g)  Intellectual Property Rights: means all present and future rights, titles and interests in and to course content and materials, methodologies, assessments, inventions, know-how, patents, registered and unregistered trade marks, service marks, registered and unregistered designs, copyrights, circuit layouts, domain names, computer programs, confidential information, or trade secrets, however arising and throughout the world;

(h)  Listing: means any post offering the sale of Goods.

(i)  Platform: means the Calination website https://calination.com.au/ (including any subdomains or sites we operate with the same domain name and a different extension) and marketplace platform as provided through our website from time to time, and all associated services we perform for you.

(j)  Posting Policies: means the policies listed at the start of these Terms, as amended by notice to you from time to time, and any other policies we may implement by notice to you from time to time.

(k)  Provider: means any User who uses the Platform to sell Goods.

(l)  Privacy Law: means the Privacy Act 1998 (Cth) as amended from time to time including the Australian Privacy Principles, and all related regulations.

(m)  User: means a person who registers an Account on the Platform or Seller Portal.

 

3. How You Agree To The Agreement

(a)  For all clauses of this Agreement that by their nature apply to using the Platform without creating an Account (such as viewing the Website), you agree to be bound by this Agreement by using the Platform.

(b)  By creating an Account in accordance with clause 5, you will be asked to tick a box to indicate to us that you agree to be bound by this Agreement at all times while using the Platform.

(c)  However, your failure to read these terms any time you post any Listing or engage in any Exchange will not limit or otherwise affect the enforceability of this Agreement in relation to that Listing or Exchange.

(d)  You represent and warrant to us that you have read this Agreement in full. You must not use the Platform if you do not agree to this Agreement, including these Terms.

(e)  We may update any part of this Agreement from time to time by notice to you, to accommodate our business needs and for compliance with legal and operational changes. You are free to stop using the Platform if you don’t agree to the new Agreement. If you continue to use the Platform after such notice is given, you will be taken to have agreed to this Agreement as updated.

 

4. Your Relationship With Calination And Other Users

(a)  This Agreement forms a binding contract between you and Calination.

(b)  You acknowledge and agree that Calination:

(A)  provides an introductory service as a passive conduit to facilitating the relationship between Users, through providing the Platform;

(B)  is in no way party to any contractual relationship formed between Users in relation to any Listing or Exchange; and

(C)  does not personally offer to you, or endorse or recommend, any Goods advertised in any Listings.

(c)  To the extent a clause is relevant to the relationship between Users, this Agreement will form a binding set of obligations between Users for the purpose of interacting on the Platform, including Listings, Exchanges, and any issues or disputes.

(d)  It is your responsibility to ensure that you comply with all applicable laws, including the Consumer Laws and Privacy Laws while engaging with the Platform, including posting any Listing and engaging in any Exchange.

(e)  While it is your responsibility to comply, Calination is committed to protecting its community of Users and reserves the right to, without being under any obligation to, take all necessary steps to enforce compliance with clause 4(d) and this Agreement in accordance with clause 16(b).

 

5. Registering A User Account

(a) To access most of the functionality of the Platform, you must register an Account on the Platform.

(b)  You must not register more than one Account on the Platform, including through using multiple email addresses. You may request our permission to hold more than one Account, and we may in our discretion grant or deny such permission.

(c)  By registering an Account, you represent and warrant that you are a legitimate User and you are over the age of 18 years or have your parent or guardian’s informed consent to use the Platform and enter into this Agreement as a binding contract.

(d)  When registering an Account (and using your Account) you will be asked to provide us with personal information (and potentially sensitive information) which we will deal with in the manner described in clauses 10 and 11.

(e)  You must provide true, accurate, current and complete information about yourself and any organisation which you represent, as prompted by the Platform.

(f)  You are responsible for ensuring the security of your Account, including by safeguarding passwords and devices. You are responsible for the actions of any person who you allow, by act or omission, to access your Account. You must notify us using the links at the bottom of this Agreement if you suspect unauthorised use of your Account. Until you notify us, you remain responsible for such unauthorised use

(g)  We reserve the right to deactivate or modify your Account for any reason we in our absolute discretion deem necessary.

 

6. Listings And Agreeing To Exchange

(a)  Any User may post a Listing at any time, through the functionality in the Platform.

(b)  All Listings must comply with the Posting Policies and Calination reserves the right to not publish or remove at any time any Listing which violates the Posting Policies.

(c)  Any User may, in its absolute discretion, engage with any Listing, which is not a commitment to proceed with the offer in the Listing.

(d)  You agree to only use the Platform’s messaging functionality to communicate with other users, and to use that functionality in accordance with clause 11.

(e)  You agree to personally post, and respond to inquiries about, Listings. You must not use any automated tools, programs or applications to provide automated responses on your behalf (unless any such tools, programs or applications are provided to you as part of the Platform).

(f)  If two Users agree to the terms of a Listing (as amended by any related communications through the Platform), they may use the functionality on the Platform to agree to exchange the Goods, for a fee as agreed between them (in accordance with all applicable laws) (Exchange).

(g)  Depending on the nature of the Listing, additional terms set out in the following clauses will apply.

 

7. Specific Terms For Goods

(a)  If a Listing offers Goods for sale, this clause 7 applies to those Goods.

Provider Responsibilities

(b) The Provider represents and warrants that:

(A) they are the sole beneficial owner of the Goods, with title lawfully obtained, free from any security interests, finance, or other encumbrances; and

(B) any defects (including minor defects) are clearly and accurately stated in the description of the Goods and are not otherwise disguised or overlooked in the Listing.

(c) The Provider acknowledges and agrees that Consumers have rights under the Consumer Laws, which to the extent applicable to the Provider and Consumer, apply to second-hand goods to the extent reasonable with regard to their age, description and price. This includes that the Goods are of acceptable quality, will match its description and be fit for purpose. The Provider must have regard to these guarantees when describing the quality, condition, and functionality, and setting the price, of the Goods and must not attempt to exclude, restrict or modify any guarantees that are applicable under the Consumer Laws.

Consumer Responsibilities

(d) The Consumer acknowledges that Goods may be second hand if described as such, and the Consumer is responsible for reading the description of the Goods and satisfying itself that the Goods as described will meet the Consumer’s requirements prior to agreeing to Exchange, including with regard to its age, description and price.

Delivery

(e)  For all Exchanges, Calination strongly encourages you to inspect the Goods prior to making payment.

(f)  If Exchange will occur in person, Consumers are encouraged to ensure their safety by:

(A)  verifying the identity of the Seller prior to meeting in person;

(B)  selecting a public place to meet, during daylight hours; and

(C)  never allowing anyone to enter your home.

(g)  If Exchange will occur via post, the Provider and Consumer must agree to delivery costs (if any) prior to Exchange.

(h)  Calination strongly encourages Consumers to be cautious when giving their address to Providers and use secure, third-party technology to arrange delivery of Goods.

(i)  Title to the Goods will pass to the Consumer on payment of the Exchange Fee. Risk of loss or damage to the Goods will pass to the Consumer on delivery.

(j)  The Provider must use registered post for delivering by third party courier. If there are any issues during delivery, the Consumer must promptly report the issue to the Provider.

(k)  If the delivery issue cannot be resolved, and the Provider cannot provide evidence that the Goods were shipped, the Provider must refund the Consumer the amount paid to the Provider for the Goods including shipping.

(l)  If the Provider can provide evidence that the Goods were shipped, the Provider must take all steps necessary to ensure the third party courier delivers the Goods or refunds the amount lost to the Consumer.

(m)  If the Provider can evidence that the Goods were delivered, the Goods will be deemed delivered.

(n)  Claims for loss of or damage to Products in transit must be made against the carrier by the Provider.

 

8. Payment Of Fees

(a)  Creating an Account is free.

(b)  Calination may charge you:

(A)  whenever you sell on Calination, one final value fee for items you sell, with no third-party payment processing fees. The final value fee is calculated as a percentage of the total sale amount per item (including postage and handling, and any applicable taxes); and

(B)  additional fees we may introduce at any time through displaying such fees to you on the Platform.

(c) All amounts payable under clause 8(b):

(A)  will be paid through our payment functionality as available on the Platform from time to time, including via credit or debit cards; and

(B)  will be non-refundable (unless there is a major failure with the Platform) including where a refund is otherwise provided for the Exchange Fee in accordance with clause 9.

(d)  The amount payable in relation to any Exchange is the amount set out on the Listing or otherwise agreed between the relevant Users in writing on the Platform prior to agreeing to Exchange (Exchange Fee).

(e)  The Exchange Fee must be monetary in nature.

(f)  Users may determine their own method for paying the Exchange Fee, unless the Platform provides a method of payment in which case Calination provides that service through a third party provider who has its own terms and conditions which will apply to the transmission of the Exchange Fee and your related data.

(g)  A Listing must not offer cash payment, and Providers must not accept cash payment.

(h)  The Exchange Fee is payable on Agreement to Exchange, through the functionality provided in the Platform, prior to delivery or performance of any Goods. If the Consumer does not pay the Exchange Fee within 24 hours, the Provider may cancel the Exchange.

(i)  You acknowledge and agree that Calination may use third party payment providers to process Transaction Fees and Exchange Fees. If this occurs, the terms and conditions of the third party payment provider will apply and you will be asked to agree to those terms and conditions before proceeding with payment.

(j)  Once paid, the Exchange Fee is only refundable in accordance with clause 9.

 

9. Consumer Law Rights And Remedies Between Users

(a)  If an Exchange occurs in relation to Goods, this clause 9 applies.

(b)  Nothing in this Agreement is intended to limit the operation of the Consumer Laws. Under the Consumer Laws, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with any Goods.

(c)  Providers are responsible for ensuring that any rights available to the Consumer under the Consumer Law are honoured by the Provider.

(d)  If you are a Consumer and you experience an issue with a Good, you must direct all inquiries in the first instance to the Provider, providing images and a description of the issue.

(e)  The Provider must respond reasonably to all such inquiries, with regard to the rights available to the Consumer under the Consumer Law. Those rights may include the right for the Consumer to elect a repair, replacement, re-performance or refund for major faults, or the Provider’s obligation to offer at the Provider’s choosing one of those remedies for minor faults.

(f) Any inquiries that cannot be resolved between the Users following this process must be resolved in accordance with clause 14.

 

10. User Content

Ownership of Content & Related IP

(a)  Your Intellectual Property Rights in any Goods you offer remain yours.

(b)  You acknowledge that all Listings, data, text, messages and other materials, whether publicly posted or privately transmitted, you share through the Platform or otherwise with Calination or another User (Content) is immediately assigned to and owned by Calination.

(c)  If you share any Content on the Platform which contains any Intellectual Property Rights, for example an image, you represent and warrant that you are either the owner of those Intellectual Property Rights or are licensed to share that Content both on Calination’s website and publicly for commercial purposes. You indemnify Calination for any claims that any Content you post in a Listing, or your dealings with any Goods, infringes any third party Intellectual Property Rights.

Responsibility for Content

(d)  The accuracy and completeness of the Content is the sole responsibility of the person providing the Content.

(e)  Calination does not control the Content posted via the Platform and, as such, does not guarantee the accuracy, completeness, lawfulness or usefulness of such Content.

(f)  This means that you, and not Calination, are entirely responsible for any actions you take in reliance on Content.

(g)  You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, lawfulness and usefulness of such Content.

Prohibited Content

(h) Without limiting or otherwise affecting the Posting Policies, you acknowledge and agree that you must not use the Platform to, on public or private pages:

(A)  upload or download any Content in a manner that is inconsistent with the platform licence and restrictions in clause 12;

(B)  upload any Content which is inconsistent or noncompliant with the Posting Policies or any applicable laws, Consumer Laws and Privacy Laws;

(C)  upload, post or otherwise transmit any Content that is intended to further any political, legal, social or economic agenda which Calination deems, in its discretion, to be inconsistent with the spirit or values of the Posting Policies, its business objectives or the common good of its community of users;

(D)  solicit or provide any Goods which are illegal in the jurisdiction in which you reside, including in relation to pornography, prostitution, or prohibited or restricted substances;

(E)  upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(F)  forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform;

(G)  upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law;

(H)  upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including any automated posting software or bots to make automatic communications on the Platform;

(I)  interfere with or disrupt Platform or servers or networks connected to Platform, or disobey any requirements, procedures, policies or regulations of networks connected to Platform;

(J)  upload, post or otherwise transmit any Content that infringes any, trademark, copyright or other proprietary rights of any party;

(K)  upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes;

(L)  publish, republish, transmit, display, or otherwise make available any content from the Website (whether online or otherwise); or

(M)  intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange.

(i) You acknowledge that Calination does not pre-screen Content, but that Calination and its agents will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Platform.

 

11. Privacy & User Communications

(a)  We will abide by, and you agree to, our Privacy Policy which can be accessed via the link at the start of these Terms and may be updated from time to time by written notice to you.

(b)  You must not share any Content with any other User, including in any Listing, which is not necessary to understand or discuss the Listing. You must never provide credit card details or bank details to any other User. Any information you provide to another User is done so at your own risk.

(c)  However, all Users must take all steps necessary to protect from misuse or distribution the information you receive from other Users. If Calination becomes aware of any User misusing or distributing information of another User, Calination will investigate and terminate the User’s Account.

(d)  Without limiting our Privacy Policy, which will prevail to the extent of any inconsistency with this clause, you agree that Calination may monitor, use, access, store, and disclose your Content, including your communications with any other User:

(A)  for the purpose of providing the Platform to you in an efficient manner;

(B)  for the purpose of ensuring your compliance with this Agreement;

(C) for the purpose of properly administering your Account in accordance with the standard operating procedures of Calination or its affiliated or subsidiary companies or agents; and

(D) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:

(1)  comply with legal process;

(2)  enforce the Terms;

(3)  respond to claims that any Content violates the rights of third-parties;

(4)  respond to your requests for customer service; or

(5)  protect the rights, property, or personal safety of Calination, its Users and the public at large.

(e)  You acknowledge that Calination enters into partnerships with external organisations and companies who, on occasion will convey their messages or offerings (for commercial purposes or otherwise) to you in the form of advertisements via our communications, web, mobile or social media platforms.

(f)  Retention and deletion of Account / Content - We may retain your Content for such period we reasonably consider necessary for our legitimate business purposes, including legal reasons. However, unless your Account has been terminated in accordance with clause 11(b), we grant you the right to request your Account be deleted (where some Content may be retained). If you want to ask us to delete your Account, you may contact us using the functionality at the ends of these Terms. We will use our best endeavours to action any such request within a reasonable timeframe.

 

12. Platform Licence And Intellectual Property Restrictions

(a)  While ever you continue to meet your obligations under this Agreement, we grant to you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Platform for the sole purpose of engaging in legitimate and lawful Exchanges.

(b)  You acknowledge and agree that the Platform contains Intellectual Property Rights and confidential information that is owned by Calination in accordance with applicable laws and registration bodies, including the underlying source code. Nothing in this Agreement transfers any Intellectual Property Rights in the Platform to you. Any use of the Platform by you in breach of the Licence will be a breach of our Intellectual Property Rights for which you will be liable to us in damages and consequential damages.

(c)  You must not:

(A)  copy, scrape or data-mine the whole or any part of the Platform, including any screen or data scraping or other methods of taking any content from the Platform or any API;

(B)  manipulate or take advantage of any vulnerability in the Platform for your own commercial gain or any other purpose;

(C)  modify, merge, integrate or combine the whole or any part of the Platform or system with any other software, program or application;

(D)  attempt to assign, transfer, distribute, sell, lease, rent, sub-license, charge or otherwise deal in or encumber the Platform;

(E)  adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the Platform; or

(F) use any automated tools, hacks, scripts, programs or applications that are designed to access any data, modify or interfere with the functioning of the Platform, or interact with communications from the Platform, for any purpose.

(d) You agree that any advertisements presented to you through the Platform are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

13. Disclaimers

(a)  Calination may provide, or third parties may provide, links to third party sites or resources. Because Calination has no control over such sites and resources, you acknowledge and agree that Calination is not responsible for the availability of such external sites or resources. Calination does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Calination will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods available on or through any such site or resource.

(b)  Your use of the Platform is at your sole risk. The Platform, including the User community, is provided on an "as is" and "as available" basis. You must make all reasonable inquiries to determine the legitimacy of a User and accuracy of a Listing. You acknowledge that by using the Platform, under no circumstances will Calination be liable in any way for any Listing, including, but not limited to, any errors or omissions or misleading information in any Listing, or for any loss or damage of any kind incurred as a result of the use of your reliance on any Listing or performance or receipt of any Exchange.

(c)  Calination makes no warranty or representation that:

(A)  the Platform will meet your requirements;

(B)  the Platform will be uninterrupted, timely, secure, or error-free;

(C)  the quality of any products, services, information, or other material purchased or obtained by you through Calination will meet your expectations; or

(D)  any errors in the underlying source code will be corrected.

(d)  Any material downloaded or otherwise obtained through the use of Platform is done at your own discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(e)  Nothing in these terms is intended to exclude or displace any guarantees or warranties provided to you as a consumer of the Platform or any Goods under the Consumer Law. Under the Consumer Law, you may be entitled to a repair or replacement service, or other similar rights in accordance with the Consumer Law from time to time.

 

14. Issues And Disputes

Issues with the Platform

(a)  If you encounter any issues with the Platform, please contact us through the functionality at the bottom of this page. We will endeavour to resolve your issue within 5 weekdays.

(b)  If we are unable to resolve your issue, your rights and our liability is limited in accordance with clause 15.

Disputes with other Users

(c) Any issues or disputes about a Listing or Exchange is an issue between the Provider and the Consumer (Disputing Users).

(d)  To the maximum extent permitted at law, any issues or disputes about Listings or Exchanges are not an issue or dispute with Calination.

(e)  The Disputing Users must, in good faith, seek to efficiently and cost effectively resolve the issue in a manner that is objectively fair to both parties in the circumstances.

(f)  The Users are encouraged to seek independent legal advice (at their own cost) if the issue is significant or otherwise is not progressing towards independent resolution.

(g)  All Users agree to refrain from initiating formal legal proceedings until any issue that cannot be resolved day to day has been discussed at mediation and the parties have made a genuine effort at resolving the issue in good faith.

 

15. Liability And Indemnity Of Calination

(a)  To the maximum extent permitted by law, under no circumstances will Calination be liable to you for any incidental, special or consequential loss or damages, or damages for loss of data, damage to reputation, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this Agreement or any Listings, Exchange, Goods or incidental activities (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

(b)  If Calination is liable to you (whether in contract, indemnity, tort, statute or equity), you acknowledge and agree that Calination’s liability in aggregate for all claims by you or third parties who encounter related activities or goods through you, for loss or damage of any kind arising from or relating in any way to this Agreement, the Platform or any Listing, Exchange, Goods to:

(A)  if the liability relates to an Exchange - the amount paid for the relevant Goods that are the subject of the Exchange giving rise to the liability – where such amount will only be paid to the party found to have suffered the loss through the dispute procedures in clause 14, be it the Consumer, Provider; or

(B)  if the liability relates to the Platform - the amount paid to Calination by you for use of the Platform in the 12 months preceding the event giving rise to the liability, and if that amount is less than $100, then $100.

(c)  You indemnify Calination in respect of all liability for any claim(s) by any User or person (including any third party who encounters the Listing or Goods through you or the initial User) arising from your or your representatives’:

(A)  breach of any third party property rights or intellectual property rights;

(B)  breach of any term of this Agreement;

(C)  breach of any applicable law (including Consumer Laws or Privacy Laws) or the Posting Policies;

(D)  inquiry, issue or dispute with any other User;

(E)  personal injury or death arising from any Goods as set out in clause

(F)  use of the Platform; or

(G)  negligent, wilful, fraudulent or criminal act or omission, except to the extent Calination caused or contributed to any such claims through its own wilfully reckless or negligent act or omission and Calination ought reasonably to be liable for a portion of the claim (in which case Calination’s liability is capped in accordance with clause 15(b)). The parties agree that Calination provides the Platform (as is, and as adjusted from time to time) based on the relationship structure in clause 4, and Calination providing the Platform (as is, and as adjusted from time to time) will not be considered a cause or contribution of Calination to any claim.

 

16. Reporting Misuse And Our Right To Revoke Your Account

(a)  If you have any reason to suspect any other User is using the Platform in breach of any part of this Agreement, we ask that you notify Calination at the relevant link below as soon as you become aware of the breach or misuse, and provide us with as much information as possible.

(b)  If Calination knows or reasonably suspects that you are or may be in breach of any clause of this Agreement – including any part of the Posting Policies - Calination may, in its absolute discretion and without explanation, right of appeal or liability to you, do any or all of the following:

(A)  immediately terminate your Account;

(B)  prohibit you from further use of the Platform for any period deemed appropriate in Calination’s absolute discretion including forever; or

(C) report the breach (along with applicable evidence) to any relevant law enforcement authority, if applicable to the nature of the breach.

(c)  You acknowledge Calination may, if required or otherwise in its discretion, cooperate in any proceedings relating to your misuse of the Platform or breach of this Agreement, including where Users are in dispute in accordance with clause 14. Calination may decline to provide any information or data in accordance with its Privacy Policy.

 

17. Miscellaneous Interpertation Provisions

(a)  This Agreement is to be interpreted in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales and competent courts of appeal from them.

(b)  If any clause of this agreement is unenforceable at law, that clause is to be severed to the narrowest extent possible to overcome the enforceability issue, and the other terms of this agreement will continue to apply with full force and effect.

(c)  Any failure of a party to enforce a right under this agreement will not constitute a waiver of that party’s right to exercise that right in future.

(d)  This Agreement is entered into on the day and at the time you agree to it in accordance with clause 3, and will continue to apply whenever you access the Platform unless and until these terms are updated by us.

(e)  We may update this Agreement from time to time by written notice to you.

 

18. Notices

Send us questions, reports, comments or complaints to Calination Inquiries.
Send all formal legal notices using our link under the topic of ‘Legal Notices and Inquiries". All notices will be deemed received on the next business day following transmission.