Terms & Condition

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Last Updated:October1, 2024

This agreement sets out the terms and conditions(“terms”)between you (“user” or “you”) andthe mobile application,Honk!(“Honk”,“application” or “app”), which is owned and operated byHonk, Limited LiabilityCompany.

PLEASE READ THESE TERMS CAREFULLY AND COMPLETELY BEFORE USING,REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW) ASTHEY FORM A LEGALLY BINGING CONTRACT BETWEEN YOU ANDHONK. BY USING,REGISTERING FOR, OR SUBMITTING CONTENT TOTHE SERVICES, OR OTHERWISEINDICATING YOUR ACCEPTANCE OF THESE TERMS OFUSE, YOU AGREE TO THESETERMS OFUSE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OFUSE, YOU MAYNOT USE, REGISTER FOR, OR SUBMIT CONTENT TO, THE SERVICES.

Use of the Service may besubject to additional terms and conditions presented byHonk, whichare hereby incorporated by this reference into these Terms. In the event of a conflict between thisAgreement and the terms governing the supplemental service, the terms governing thesupplemental service shall control to the extent the conflict relates to the supplemental service.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHERSET FORTH INSECTION 15BELOW, REQUIRES THE USE OF ARBITRATION ON ANINDIVIDUAL BASIS TORESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHERCOURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

1. SERVICES COVERED

Honkprovides adigitalplatform for users to report road hazards and view reported hazards intheir area.The services covered bythese Terms of Service (“services”) include all versions ofHonk’s software applications (including, without limitation,Honkmobile applications, tabletapplications, personal computer applications,and websites).Services also include delivery oflocational-based content and other locational communications. HONKDOES NOT GUARANTEETHE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED THROUGH THE APPAND WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THE APP.

2. AGE AND ELIGIBILITY REQUIREMENTS

BY USINGHONK SERVICES, YOU AFFIRM THAT YOU AREA RESIDENT OF AUSTRALIAAND18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THATYOU ARE 16YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIANCONSENT TO ENTER INTO THESE TERMS.By using the app, you represent and warrant that you meet these eligibility requirements.

If you are using the Services on behalf of a business or some other entity, you represent that youare authorized to bind that business or entity to these Terms and you agree to these Terms onbehalf of that business or entity (and all references to “you” and “your” in these Terms will meanboth you as the end user and that business or entity).

3. AGREEMENT TO PRIVACY POLICY

By using our services, you agree to the collection, use, and disclosure of your information asdescribed in our Privacy Policy. Our Privacy Policy explains how we collect, use, and shareinformation about you and the choices you have with respect to your information. If you do notagree to the terms of our Privacy Policy, please do not use our services.

We may modify our Privacy Policy from time to time, and we will post any changes on this page.Your continued use of our services after any changes to our Privacy Policy constitutes youracceptance of such changes. Please review our Privacy Policy regularly to stay informed aboutour information practices and your privacy rights

4. AMENDMENTS TO THIS AGREEMENT

We reserve the right to modify, amend, or update these Terms and Conditions at any time andwithout prior notice to you. The updated version of these Terms and Conditions will be effectiveimmediately upon posting. Your continued use of our services after any changes to these Termsand Conditions constitutes your acceptance of such changes.

We encourage you to review these Terms and Conditions periodically to stay informed about ourterms of service and your obligations. If you do not agree to the modified terms, you shoulddiscontinue your use of our services.

In the event of any material changes to these Terms and Conditions, we may notify you throughour website, email,app,or other means. Your continued use of our services after such noticeconstitutes your acceptance of the amended terms.

5.0 OWNERSHIP AND LIMITED LICENSE

5.1 OWNERSHIP.

The content and materials available on our website and services, including but not limited to text,graphics, logos, images, audio, and software (collectively referred to as “Materials”), are theproperty of us or our licensors and are protected by Australian copyright and trademark laws. You may use the Materials for personal, non-commercial purposes only. Any other use of the Materials, including but not limited to reproduction, distribution, display, or transmission, withoutour prior written permissionis strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using our services or by accessing any of the Materials. All rights, title, and interest in and to our services and theMaterials, including but not limited to patents, trademarks, copyrights, trade secrets, and all otherproprietary rights, shall remain with us or our licensors.

You may not use any trademark, service mark, trade name, or logo of ours or any of our affiliateswithout our prior written consent under Australian law. You agree not to remove or alter anytrademark, trade names, logos, or any other proprietary notices, legends, symbols, or labelsappearing on our services or Materials.By using our services, you agree to abide by all applicable Australian copyright and trademarklaws, as well as any additional copyright notices or restrictions contained in these Terms andConditions.

5.2 LIMITED LICENSE.

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services and theMaterials for personal, non-commercial purposes only. This license does not include any right toresell or commercial use of our services or Materials; any collection and use of any productlistings, descriptions, or prices; any derivative use of our services or Materials; or any use of datamining, robots, or similar data gathering and extraction tools.

You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposesany portion of our services or Materials without our express written consent. You also agree not to access our services or Materials by any means other than through the interface provided by us.

We reserve the right to revoke this limited license at any time and for any reason, without priornotice to you. Upon termination of this license, you must immediately cease all use of our servicesand Materials and destroy any copies of any Materials in your possession.

This limited license does not transfer to you any intellectual property rights in the Materials or ourservices and is subject to the terms and conditions set forth in these Terms and Conditions. Anyunauthorized use may violate copyright, trademark, and other applicable laws and couldresult incriminal or civil penalties.

6.0 REQUIREMENTS OF USE

6.1 ACCEPTABLE USE.

You agree to use our services only for lawful purposes and in accordance with these Terms andConditions. You agree not to use our services:

In any way that violates anyapplicable federal, state, local, or international law orregulation;
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any wayby exposing them to inappropriate content, asking for personally identifiable information,or otherwise;
To transmit, or procure the sending of, any advertising or promotional material, includingany “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate us, a employee, another user, or any otherperson or entity;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of ourservices, or which, as determined by us, may harm us or users of our services or exposethem to liability;
To use any robot, spider, or otherautomatic device, process, or means to access ourservices for any purpose, including monitoring or copying any of the Materials;
To introduce any viruses, trojan horses, worms, logic bombs, or other material which ismalicious or technologically harmful;
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts ofour services, the server on which our services are stored, or any server, computer, ordatabase connected to our services;
To attack our services via a denial-of-service attack or a distributed denial-of-serviceattack.

We reserve the right to terminate or limit your use of our services if, in our sole discretion, youviolate any of these acceptable use provisions. Additionally, we may take any legal action wedeem appropriate in response to any illegal or unauthorized use of our services.

6.2 DEVICE AND SOFTWARE REQUIREMENTS.

To access and use our services, you must have a device, internet access, and certain softwarethat meet our requirements, which may changefrom time to time. It is your responsibility to ensurethat your device and software meet these requirements and to periodically check for updates tothese requirements.

You agree that you will not use any device, software, or routine to interfere or attempt to interferewith the proper working of our services. You also agree not to take any action that imposes anunreasonable or disproportionately large load on our infrastructure.

We do not guarantee that our services will be compatible with all devices orthat all features ofour services will be available on all devices. We reserve the right to modify or discontinue all orany portion of our services at any time without notice to you and without liability to you.

You acknowledge that use of our services may be subject to limitations, delays, and otherproblems inherent in the use of the internet and electronic communications. We are notresponsible for any delays, delivery failures, or other damage resulting from such problems.

You are solely responsible for obtaining and maintaining any equipment and services needed foraccess to and use of our services, as well as for paying any fees for such equipment and services.You must also periodically update the software required to use our services and must havethelatest version of any required software installed in order to access and use our services. We shallnot be responsible for any costs or damages arising from your use of our services or from yourinability to use our services due to your failure to install updates or maintain updated software.

6.3 CONSENT TO RECEIVING COMMUNICATIONS.

By using our services, you agree to receive communications from us, including, but not limited to,push alerts, in-app messages, pop-up messages, and location-based alerts. Thesecommunications may include updates on promotions, new features, and other importantinformation related to our services.You may opt-out of receiving certain types of communications by changing the settings on yourdevice or within our services.

However, we may still send you important administrative messagesrelated to your account and our services, even if you opt-out of other types of communications.

We respect your privacy and will not use your information for any purpose other than to provideyou with the services you have requested and for the purposes described in our Privacy Policy.By using our services, you consent to our collection and use of your information in accordancewith our Privacy Policy.

7.0 REGISTRATION AND ACCOUNTS

7.1 CREATING YOUR ACCOUNT.

To access certain features of our services, you must register for an account and provide certain personal information, including your mobile number. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.

You are responsible for maintaining the confidentiality of your account information, including yourpassword, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security.

You may not use another user’s account without permission, and you may not sell, transfer, or assign your account or any part of your account to another party. We reserve the right to terminate or suspend your account or access to our services if you engage in any unauthorized activity or if you violate these Terms of Service.

7.2 ACCOUNT TERMINATION

You may terminate your account at any time through the app or by contacting us and requesting that your account be deactivated. Upon termination of your account, you will no longer be able toaccess or use our services.

We may, at our discretion, terminate or suspend your account or access to our services at anytime, with or without notice to you and without liability to you, if we believe that you have violated these Terms of Service or engaged in any unauthorized or illegal activity.

Upon termination of your account, your right to use our services will immediately cease, and wemay, without liability to you, delete any data and other information associated with your account.If your account is terminated due to your violation of theseTerms of Service, we may take legalaction against you to recover damages and/or seek other remedies.

Even after your account is terminated, the provisions of these Terms of Service that by their natureshould survive termination shall remain in effect, including without limitation, the ownershipprovisions, the warranty disclaimers, the indemnification obligations, and the limitations of liability.

8.0 USER SUBMISSIONS

The Hazard Reporting feature(referred toas the“honk” feature)of this app allows users to submitreports of hazards on the road, such as construction, accidents, or other related issues. Bysubmitting a hazard report, you warrant that the report is submitted in good faith and to the bestof your ability, and that you are the rightful owner of the report.

You acknowledge and agree that any information, content, or material submitted through theHazard Reporting feature is the sole responsibility of the person from whom it originated. You further acknowledge and agree that you are solely responsible for any content that you submit,and that you may be held liable for any unlawful, false, inaccurate, or misleading information.

You agree to report hazards only when it is safe to do so and in compliance with all applicabletraffic laws and regulations. You acknowledge that the safety of yourself and others is of utmostimportance, and that you should not submit a hazard report while driving or operating a vehicle.

You acknowledge and agree that the hazards reported through the Hazard Reporting feature aredefined by users of the service and not by the company. The company takes no responsibility forthe accuracy, reliability, legality, or safety of the reported hazards, and you agree to use theinformation at your own risk. You understand that the company may review, verify, and edit alluser submissions, including hazard reports, before taking any action, and that the company maymodify, remove, or aggregate reports at its sole discretion.

You acknowledge and agree that the company may display reported hazards on the map for alimited period of time, as defined by the company, and that the company may remove any reported hazards from the map at its sole discretion.

You agree not to submit any false, misleading, or illegal hazard reports, or to misuse the servicein any way, including by spamming, hacking, or creating multiple accounts. You further agree not to submit any content that infringes on the intellectual property or other rights of any third party,or that is defamatory, obscene, or otherwise offensive.

You acknowledge and agree that the company may use and share user submissions, includinghazard reports, with third-party partners or other users of the service, and that the company mayuse the information to improve the accuracy and quality of the data. You also acknowledge andagree that the company is not responsible for any loss, damage, or injury that may result from theuse or reliance on any reported hazards or other alerts displayed on the map, and that you usethe information at your own risk.

You agree to indemnify and hold the company, its affiliates, and their respective officers, directors,employees, and agents harmless from and against any and all claims, damages, liabilities, andexpenses, including reasonable attorneys’ fees,arising out of or related to your use of the service,your violation of these terms and conditions, or your violation of any rights of another party.

9.0 ACCESSING USER SUBMISSIONS

The company may allow users of the service to viewor access reported hazards or other alertsdisplayed on the map (referred to as the “reveal” feature), but you acknowledge and agree thatthe accuracy and reliability of the reported hazards cannot be guaranteed. Users of the service that opt to show or reveal reported hazards or any other indicated alerts on map cannot rely onthe accuracy of the reported hazards and cannot hold the company liable for any reliance.

You understand that the reported hazards and other alerts displayed on the map are provided”asis” and “as available,” and that the company makes no representations or warranties, express orimplied, with respect to the accuracy, reliability, legality, or safety of the information. You acknowledge that the reported hazards and other alerts arebased on user submissions, whichmay not always be accurate, complete, or up-to-date.

You further acknowledge and agree that you may not reproduce, modify, distribute, or otherwiseuse any user submissions, including hazard reports, without the prior written consent of thecompany. You agree not to use the service for any commercial or promotional purposes, includingadvertising or marketing, without the prior written consent of the company.

You understand and acknowledge that the company may use and shareuser submissions,including hazard reports, with third-party partners or other users of the service, and that thecompany may use the information to improve the accuracy and quality of the data. You alsoacknowledge and agree that the company is not responsible for any loss, damage, or injury thatmay result from the use or reliance on any reported hazards or other alerts displayed on the map,and that you use the information at your own risk.

You agree to indemnify and hold the company, its affiliates, andtheir respective officers, directors,employees, and agents harmless from and against any and all claims, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the service,your violation of these terms and conditions, or your violation of any rights of another party.

9.5 IN APP PURCHASES

If you purchase an auto-renewing periodic subscription through the Service, your Honkaccountwill be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscriptionto renew automatically, or if you want to change or terminate your subscription, you will need tolog in to your Apple Account to terminate or change your subscription, even if you have deleted your Honk account.

In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable,non-sublicensable, revocable license to use (a) “virtual currency,” including but not limited tovirtualcredits, solely for use in the Service, and (b) “virtual in-app items” (together with “virtualcurrency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, andnot in any other way.

Honk may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or withoutnotice.Honk may update the pricing of Virtual Items at any time in its sole discretion, and mayadd new Virtual Items for additional fees.Honk shall have no liability to you or any third party inthe event that Honk exercises any such rights.

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Otherthan as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer VirtualItems to any person or entity, including but not limited to Company, another user, or any third party.

You agree to pay all fees and applicable taxes incurred by you or anyone using a Honk account registered to you. Honk may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will payany applicable taxes, if any, relating to any such purchases, transactions or other monetarytransaction interactions.

10.0 DISCLAIMERS AND LIMITATION OF LIABILITY

10.1 ASSUMPTION OF RISK

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES ISAT YOUR SOLE RISK. THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL USER SUBMISSIONS, HAZARDS,CONTENT, INFORMATION, ESTIMATIONS, PREDICTIONS, FORECASTS, COMMUNICATIONS, AND ALERTS INCLUDED THERE IN AND ALL PRODUCTS ORSERVICESPROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN“AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTAB ILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIEDWARRANTIES ARISING FROM ACOURSE OF DEALING OR A COURSE OF PERFORMANCE, OTHER THAN THOSE WARRANTIES WHICH ARE BOTH IMPLIED BY APPLICABLE LAW AND MADE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER HONK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS,DISTRIBUTORS OR LICENSORS (COLLECTIVELY, “COVERED PARTIES”) WARRANT THATTHE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEYMAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROMUSE OF THE SERVICES, OR AS TO THE ACCURACY, COMPLETENESS, TIMELINESS,AVAILABILITY OR RELIABILITY OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT,USER SUBMISSIONS,INFORMATION, FORECASTS, ALERTS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES.

10.2 INFORMATION SUBSTITUTABILITY

HE SERVICES AND CONTENT MADE AVAILABLE THROUGH THEM, ARE MADE AVAILABLE ONLY FOR YOUR CONVENIENCE AND REFERENCE AND ARE NOT INTENDED AS, NOR SHOULD THEY BE TREATED AS, A SUBSTITUTE FOR INFORMATION PROVIDED BY OFFICIAL GOVERNMENT AUTHORITIESAND EMERGENCY SERVICES. YOU ARE CAUTIONED TO CONSIDER CAREFULLY THE PROVISIONAL AND ADVISORY NATURE OF THE INFORMATION AND TO CHECK WITHYOUR OFFICIAL GOVERNMENT AUTHORITIES AND OTHER SOURCES OF INFORMATION BEFORE MAKING DECISIONS THAT CONCERN PERSONAL OR PUBLIC SAFETY ORPROPERTY OR THE CONDUCT OF BUSINESS.

10.3 EMERGENCY AND SAFETY INFORMATION.

IN AN EFFORT TO PROVIDE SAFETY INFORMATION SOME OF OUR SERVICES MAY PROVIDE SUMMARY INFORMATION OR NOTIFICATIONS OF SEVERE WEATHER OR OTHER EMERGENCY ALERTS THAT HAVE BEEN ISSUED BY GOVERNMENT AUTHORITIES. WE STRONGLY RECOMMEND THAT YOUREVIEW THE FULL TEXT OF ANY SUCH ALERTS IN OUR SERVICES OR ELSEWHERE,THATYOU CONSULT WITH LOCAL SOURCES AND AUTHORITIES FOR COMPLETE INFORMATION AND INSTRUCTIONS, AND THAT YOU TAKE IMMEDIATE STEPS TOENSURE YOUR SAFETY. YOU ACKNOWLEDGE THE INHERENT RISK OF RELYING UPON INFORMATION AVAILABLE THROUGH THE SERVICES AND THAT YOU MAYNOT RECEIVEPARTICULAR EMERGENCY, SAFETY OR OTHER INFORMATION OR A PARTICULAR NOTIFICATION, AND THEREFORE YOU SHOULD SEEK INFORMATION AND NOTIFICATIONS FROM OTHER SOURCES AS A BACKUP AND FOR VERIFICATION. THE INFORMATION PROVIDED BY THE SERVICES MAY NOT ENCOMPASS ALL CONDITIONS,PHENOMENA, OR INCIDENTS. THE ACCURACY OF YOUR LOCATION MAY BE AFFECTED BY NETWORK CONDITIONS AND OTHER FACTORS, AND YOUR LOCATION MAY NOT BE UPDATED OR ACCURATE IN REAL-TIME, IN WHICH CASE YOU MAY NOT RECEIVE SEVERE WEATHER OR OTHER EMERGENCY ALERTS OR MAY NOT RECEIVE THEM ONA TIMELY BASIS. YOU MUST NOT INTERACT WITH THE SERVICES WHILE DRIVING,BIKING, RUNNING OR PARTICIPATING IN OTHER ACTIVITIES DURING WHICH INJURY OR DAMAGE TO PERSON OR PROPERTY COULD RESULT IF YOU ARE DISTRACTED BYS UCH INTERACTION.

10.4 LANGUAGE AND COUNTRY RESTRICTIONS.

ERTAIN SERVICES ARE NOT AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES.HONK MAKES NO REPRESENTATION THAT SUCH SERVICES ARE APPROPRIATE OR AVAILABLE FOR USEIN ANY PARTICULAR LOCATION. TO THE EXTENT THAT YOU MAKE USE OF SUCH SERVICES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS. YOU AGREE NOT TO CIRCUMVENT SETTINGS OR MEASURES USED IN THE SERVICES THAT ARE INTENDED TO RESTRICT USE OF THE SERVICES TO SPECIFIC COUNTRIES OR LOCATIONS, ANDYOU AGREE THAT HONK SHALL HAVE NO LIABILITY TO YOU, AND THAT YOU WILL HOLD HONK HARMLESS FROM ANY THIRD PARTY LEGAL ACTIONS, IN THE EVENT THAT YOU DO SO.

10.5 LOCATION SERVICES

HONK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY ORRELIABILITY OF ANY LOCATION DATA OR LOCATION CAPABILITIES OF THE SERVICES.BE CAUTIOUS WHEN SHARING LOCATION INFORMATION WITH OTHERS.

10.6 DRIVER/COMMUTER FORECASTS

WITH RESPECT TO DRIVING/COMMUTER FORECASTS AND SIMILAR SERVICES MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE AND AGREE THAT MAP DATA, TRAFFIC DATA, DIRECTIONS, AND RELATED CONTENTARE PROVIDED FOR PLANNING PURPOSES ONLY. YOU MAY FIND THAT WEATHER CONDITIONS, CONSTRUCTION PROJECTS, CLOSURES, OR OTHER EVENTS MAY CAUSEROAD CONDITIONS OR DIRECTIONS TO DIFFER FROM THE MAP RESULTS PROVIDEDTO YOU THROUGH DRIVING/COMMUTER FORECASTS OR SIMILAR SERVICES. YOU SHOULD EXERCISE JUDGMENT IN YOUR USE OF SUCH SERVICES AND MUST OBEY AL LSIGNS OR NOTICES REGARDING YOUR ROUTE.

10.7 LIABILITY OF LOSS .

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUEXPRESSLY UNDERSTAND AND AGREE THAT COVERED PARTIES WILL NOT BE LIABLE IN CONTRACT, IN TORT, UNDER A NEGLIGENCE THEORY, OR UNDER ANY OTHER LEGALOR EQUITABLE THEORY (INCLUDING STRICT LIABILITY), FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LIABILITY,DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OFUSE, LOSS OF DATA OR OTHER LOSSES (EVEN IF REPAIR, REPLACEMENT OR ARE FUND FOR THE SERVICES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND EVEN IF COVERED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, LIABILITY, DAMAGE, OR EXPENSE), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF:(A)YOUR USE OR YOUR INABILITY TO USE THE SERVICES,(B)YOUR CREATION OF CONTENTBY ANY SUCH MEANS FOR SUBMISSION TO THE SERVICES;(C)THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES;(D)UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;(E)STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TOANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH COVERED PARTIES HAVE NO CONTROL;(F)THESE TERMS OFUSE;(G)INJURY TO PERSON OR PROPERTY (INCLUDING DEATH), OR(H)ANY OTHER MATTER RELATING TO THE SERVICES OR THE CONTENT,USER SUBMISSIONS,INFORMATION, FORE CASTS, ALERTS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES.

10.8 TOTAL LIABILITY.

TO THEFULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENTWILLHONK’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OFACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,HONK’SOWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY(INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BYYOU TOHONK, IF ANY, FOR OBTAINING OR ACCESSING THE SERVICES.

10.9 JURISDICTIONS .

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFCERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OFLIABILITY. ACCORDINGLY, THOSE PROVISIONS OF THESE TERMS OF USE WHICH ARECONTRARY TO OR ARE NOT ENFORCEABLE UNDER APPLICABLE LAW WILLNOT APPLYTO YOU AND DO NOT AFFECT ANY STATUTORY RIGHTS AVAILABLE TO YOU WHICH MAYNOT BE DISCLAIMED OR LIMITED; PROVIDED, HOWEVER, THAT YOU AGREE ANDACKNOWLEDGE THAT THE REMAINDER OF THISSECTION 10.8AND THESE TERMS OFUSE WILL CONTINUE TO BE BINDING AND ENFORCEABLE

11.0 INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Honk, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages,liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the service, your violation of these terms and conditions, or your violation of any rights ofanother party.

You agree to cooperate with the company in the defense of any claim, and the company reservesthe right to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge and agree that the company has no obligation to indemnify or defend you against any third-party claims arising out of or related to your use of the service.

You acknowledge and agree that the company shall not be liable for any indirect, incidental,special, consequential, or punitive damages arising out of or related to your use of the service,even if the company has been advised of the possibility of such damages. You understand thatthe company’s liability to you for any direct damages shall be limited to the amount of fees paidby you, if any, for the use of the service.

You acknowledge and agree that the company is not responsible for any loss, damage, or injury that may result from the use or reliance on any reported hazards or other alerts displayed on themap, and that you use the information at your own risk. You agree to release and waive anyclaims against the company, its affiliates, and their respective officers, directors, employees, andagents arising out of or related to your use of the service.

You acknowledge and agree that the company may terminate or suspend your access to theservice at any time, with or without cause, and with or without notice. You further acknowledge and agree that the company may modify or update these terms and conditions at any time, withor without notice, and that your continued use of the service after such modifications or updatesshall constitute your acceptance of the revised terms and conditions.

You acknowledge and agree that these terms and conditions, together with any additional termsand conditions or policies referenced herein, constitute the entire agreement between you andthe company with respect to the use of the service, and that any other agreements orunderstandings, whether written or oral, are superseded by these terms and conditions.

12.0 TRADEMARKS

All trademarks, service marks, trade names, logos, domain names, and any other featuresappearing on the Services (“Brand Features”) are the sole property ofHonkor their respectiveowners. All rights reserved. These Terms of Service do not grant you any rights to use anyHonkBrand Features whether for commercial or non-commercial use.

13.0 THIRD - PARTY RIGHTS

The service may include links, integrations, or other connections to third-party websites, services,or content that are not owned or controlled by the company. You acknowledge and agree that the company is notresponsible for the availability, accuracy, or reliability of any third-party websites,services, or content, or for any damage, loss, or harm caused or alleged to be caused by or inconnection with the use of or reliance on any third-party websites, services, or content.

You acknowledge and agree that your use of any third-party websites, services, or content issubject to the terms and conditions, privacy policies, and other legal terms of such third-partywebsites, services, or content. You understand that the company does not endorse or sponsorany third-party websites, services, or content, and that your use of any third-party websites,services, or content is at your own risk.

You acknowledge and agree that the company may use third-party providers toperform certainfunctions, such as hosting or storage of user submissions, processing payments, or providingcustomer support. You understand that such third-party providers may have access to yourpersonal information or user submissions, and that the company is not responsible for the actionsor omissions of such third-party provider.

You agree to indemnify, defend, and hold harmless the company, its affiliates, and their respectiveofficers, directors, employees, and agents from and against any and allclaims, damages,liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to your useof any third-party websites, services, or content, or your interaction with any third-party providers.

14.0 GOVERNING LAWS

These Terms are governed by and shall be construed in accordance with the laws of the State of Queensland, Australia, without regard to Queensland’s choice or conflicts of law principles. Further, you agree to the jurisdiction of the federal and state courts located in Queensland, Australia, to resolve any dispute, claim, or controversy that relates to or arises in connection withthese Terms or Service that is not subject to mandatory arbitration under the ArbitrationAgreement contained herein, and waive any jurisdictional, venue or inconvenient forum objectionsto such courts.

15.0 ARBITRATION AGREEMENT

You acknowledge and agree that any dispute, claim, or controversy arising out of or relating tothese terms and conditions or the use of the service, including the formation, interpretation,breach, termination, validity, or enforceability of these terms and conditions or any other policies or guidelines provided by the company, shall be settled by binding arbitration, in accordance withthe rules of the Australian Centre for International Commercial Arbitration (ACICA).

The arbitration shall be conducted in English, by a single arbitrator appointed by ACICA in accordance with its rules. The arbitrator’s decision shall be final and binding on all parties, andjudgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

You understand that the arbitration will be conducted on an individual basis, and that class orcollective arbitrations are not permitted. YOU EXPRESSLY AGREE THAT YOUMAY ONLYBRING CLAIMS AGAINSTHONKIN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFFOR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unlessmutually agreed between you andHonk, no arbitrator or judge may consolidate more than oneperson’s claims or otherwise preside over any form of a representative or class proceeding. Thearbitrator may award injunctive relief only in favour of the individual party seeking relief and onlyto the extent necessary to provide relief warranted by that party’s individual claim. If a courtdecides that applicable law precludes enforcement of any of this paragraph’s limitations as to aparticular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought incourt In the event of a dispute, you must first contact the legal team at Honk viahonkyourit25@gmail.comto attempt to resolve the dispute informally. If the dispute cannot beresolved within thirty (30) days, either party may initiate arbitration proceedings.

You acknowledge and agree that if the dispute is finally resolved through arbitration in your favor,and the arbitrator issues you an award that is greater than the value of the company’s last written settlement offer, then the company will instead pay you either the amount of the award or $1,000 If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusivejurisdiction and venue described in theSection 14shall govern with respect to any aspect of anydispute, claim or controversy that, as a result of such invalidation, is no longer governed by thisArbitration Agreement.

16.0 EXPORT CONTROL

You acknowledge and agree that the service, including any software, technology, or other materials provided by the company, may be subject to export control laws and regulations of Australia, the United States, and other countries. You agree to comply with all applicable exportcontrol laws and regulations, and not to export or re-export any such materials in violation of suchlaws and regulations.

You understand that the export of certain goods and technologies may requirelicenses orauthorizations from the Australian government, the United States government, or othergovernments, and that such licenses or authorizations may be difficult to obtain or may be subjectto restrictions or conditions. You acknowledge and agree that the company is not responsible for obtaining any necessary licenses or authorizations, and that you are solely responsible forcompliance with all applicable laws and regulations.You agree not to use the service for any purposes prohibited by export control laws and regulations.

You acknowledge and agree that the company may suspend or terminate youraccess to the service if it has reason to believe that you are in violation of any export control lawsand regulations

17.0 COPYRIGHTS AND COPYRIGHT AGENT

All content and materials on the service, including text, graphics, logos, images, software, andother materials, are the property of the company or its licensors and are protected by Australian and international copyright laws. You acknowledge and agreethat you do not acquire any ownership or other rights in any content or materials on the service by using the service.

You agree not to reproduce, modify, distribute, or otherwise use any content or materials on theservice without the prior written consent of the company or its licensors. You further agree not touse any content or materials on the service for any commercial or promotional purposes, including advertising or marketing, without the prior written consent of the company or its licensors.

You acknowledge and agree that the company respects the intellectual property rights of others,and expects its users to do the same. You understand that the service may include user submissions, including hazard reports and other alerts, that are protected bycopyright or otherintellectual property laws. You agree not to reproduce, modify, distribute, or otherwise use anyuser submissions without the prior written consent of the rightful owner of such user submissions.

You agree to indemnify, defend, and hold harmless the company, its affiliates, and their respectiveofficers, directors, employees, and agents from and against any and all claims, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to yourviolation of any copyright or other intellectual property rights

18.0 CHANGES TO TERMS

Honk may modify or update these terms and conditions at any time, with or without notice, by posting the modified or updated terms and conditions on the service.

You acknowledge and agreethat it is your responsibility to review these terms and conditions periodically, and that yourcontinued use of the service after such modifications or updates shall constitute your acceptanceof the revised terms and conditions.Ifyou do not agree to the revised terms and conditions, you must immediately terminate your useof the services.

You understand that the company may terminate or suspend your access to the service at any time, with or without cause, and with or without notice, and that the company shall not be liable to you or any third party for any such termination or suspension.

You acknowledge and agree that the company may modify or discontinue the service at any time,with or without notice, and that the company shall not be liable to you or any third party for anysuch modification or discontinuation. You understand that the service may not be available in allgeographic locations, and that the company may restrict or limit access to the service in its sole discretion.

19.0 ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you andHonk regardingthe subject matter of these Terms and Conditions and supersede all previous written or or alagreements regarding the subject matter. If any terms or conditions of theseTerms and Conditionsare held to be invalid, illegal, or unenforceable, the validity, legality, and enforce abilityof the remaining terms and conditions will not be in any way affected or impaired. The paragraph headings used are for convenience only and will not be given any legal effect. As noted above,other terms and conditions governing use of theterms and conditionsare incorporated herein by reference.

20.0 TERMINATION

Honk reserves the right at any time to terminate and/or suspend access to the services or anyportion thereof, or to modify any of theserviceor any aspect of the services, including, withoutl imitation, the content, features, functions, and availability of the services, without notice (exceptas and when required by law or as stated in these Terms and Conditions). In addition, your licenseto the services may, at Honk’s discretion, be terminated when new versions of the services are released, and your use of such new versions, if you choose to use them, will be governed by theTerms and Conditions made available by Honk at such time.Your failure to comply with these terms and conditions or any other policies or guidelines provided by the company may result in the suspension or termination of your access to the service, without notice or liability to you. The company reserves the right to investigate any violation of these termsand conditions and to take appropriate action, including reporting any suspected unlawful activityto law enforcement officials, regulators, or other third parties.

he following sections will survive termination of these Terms of Service: 1, 3, 8,9,10, 11, 14,15, 16,17,18, 19, 20, 21, 22, 23, and 24.

21.0 SEVERABILITY AND WAIVER

If any provision of these terms and conditions is found to be invalid or unenforceable, there maining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified or limited to the minimum extent necessary to make it valid and enforceable.

No waiver of any provision of these terms and conditions shall be deemed a further or continuing waiver of such provision or any other provision, and the failure of the company to assert any rightor provision under these terms and conditions shall not constitute a waiver of such right or provision.

22.0 ASSIGNMENT

Honk may assign any or all of these terms of service, and may assign or delegate, in whole or inpart, any of its rights or obligations under these Terms and Conditions. You may not assign these Term sand Conditions, in whole or in part, nor transfer or sub-license your rights under these Terms and Conditions, to any third party.

23.0 TITLES AND SUBTITLES; INTERPRETATION

The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. When a reference is made in this Agreement to a Section or Schedule, such reference shall be to a Section or Schedule of unless otherwise indicated. Whenever the words “include,” “includes” or “including”are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of suchterm. Any agreement, instrument or statute, rule or regulation defined or referred to in this Agreement means such agreement, instrument or statute,rule or regulation as from time to timeamended, modified or supplemented, including (in the case of agreements or instruments) bywaiver or consent and (in the case of statutes) by succession of comparable successor statutes

24.0 NOTICE

All notices contemplated by these Termsand Conditions will be via email.Honk may provide notice to you through the services or via email in Honks’s discretion or where required by law. All notices toHonk should be addressed to honkyourit25@gmail.com, attentionof Legal Department.