Website SERVICE AGREEMENT/TERMS OF USE for lojik.com.au

1.
ACCEPTANCE OF TERMS

The services that ShearPower Pty Ltd, (lojik.com.au)provides to User is subject to the following Terms of
Use (“TOU”). ShearPower Pty Ltd reserves the right to update the TOU at any time without notice to User.
The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link
located at the bottom of our Web pages.

A.
This Agreement, which incorporates by reference other provisions applicable to use of
lojik.com.au
including, but not limited to, supplemental terms and conditions set forth governing
the use of certain specific material contained in lojik.com.au, sets forth the terms and conditions
that apply to use lojik.com.au
by User. By using ShearPower Pty Ltd (other than to read this
Agreement for the first time), User agrees to comply with all of the terms and conditions hereof.
The right to use lojik.com.au
is personal to User and is not transferable to any other person or
entity. User is responsible for all use of User’s Account (under any screen name or password) and
for ensuring that all use of User’s Account complies fully with the provisions of this Agreement.
User shall be responsible for protecting the confidentiality of User’s password(s), if any.

B.
ShearPower Pty Ltd shall have the right at any time to change or discontinue any aspect or
feature of lojik.com.au
including, but not limited to, content, hours of availability, and equipment
needed for access or use.

2.
Changed Terms
ShearPower Pty Ltd shall have the right at any time to change or modify the terms and conditions
applicable to User’s use of lojik.com.au, or any part thereof, or to impose new conditions, including, but

not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given by means including, but not limited to,
posting on lojik.com.au, or by electronic or conventional mail, or by any other means by which User
obtains notice thereof. Any use of lojik.com.au
by User after such notice shall be deemed to constitute

acceptance by User of such changes, modifications or additions.

3.
DESCRIPTION OF SERVICES
Through its Web property, ShearPower Pty Ltd provides the User with access to a variety of resources,
including download areas, communication forums and product information (collectively “Services”). The
Services, including any updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.

4.
Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and
other equipment needed for access to and use of lojik.com.au
and all charges related thereto.

5.
User Conduct
A.
User shall use lojik.com.au
for lawful purposes only. User shall not post or transmit on or via
lojik.com.au
any material which violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any law, or which, without
ShearPower Pty Ltd’s express prior approval, contains advertising or any solicitation with respect
to products or services. Any conduct by a User that in ShearPower Pty Ltd’s discretion restricts or

inhibits any other User from using or enjoying lojik.com.au
will not be permitted. User shall not

use lojik.com.au
to advertise or perform any commercial solicitation, including, but not limited to,
the solicitation of users to become subscribers of other on-line information services competitive
with ShearPower Pty Ltd .

B.
lojik.com.au
contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music and sound, and the
entire contents of lojik.com.au
are copyrighted as a collective work under the Australian
copyright laws. ShearPower Pty Ltd owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to it. User may not modify,
publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. User may download copyrighted material for User’s
personal use only. Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of downloaded material will
be permitted without the express permission of ShearPower Pty Ltd and the copyright owner. In
the event of any permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
User acknowledges that it does not acquire any ownership rights by downloading copyrighted
material.

C.
User shall not upload, post or otherwise make available on lojik.com.au
any material protected
by copyright, trademark or other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of determining that any material
is not protected by copyright rests with User. User shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of lojik.com.au, User automatically grants,
or warrants that the owner of such material has expressly granted ShearPower Pty Ltd the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material. User also permits any other User
to access, view, store or reproduce the material for that User’s personal use. User hereby grants
ShearPower Pty Ltd the right to edit, copy, publish and distribute any material made available on

lojik.com.au
by User.

D.
The foregoing provisions of Section 5 are for the benefit of ShearPower Pty Ltd, its subsidiaries,
affiliates and its third party content providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable User to communicate with others (each a “Communication
Service” and collectively “Communication Services”). User agrees to use the Communication Services
only to post, send and receive messages and material that are proper and, when applicable, related to
the particular Communication Service. By way of example, and not as a limitation, User agrees that when
using the Communication Services, User will not:

.
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited messages (commercial or
otherwise).

.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.

.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.

.
Upload, or otherwise make available, files that contain images, photographs, software or other
material protected by intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or
control the rights thereto or have received all necessary consent to do the same.

.
Use any material or information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.

.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage the operation of another’s computer or
property of another.

.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.

.
Download any file posted by another user of a Communication Service that User know, or
reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed
in such manner.

.
Falsify or delete any copyright management information, such as author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.

.
Restrict or inhibit any other user from using and enjoying the Communication Services.

.
Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.

.
Harvest or otherwise collect information about others, including email addresses.

.
Violate any applicable laws or regulations.

.
Create a false identity for the purpose of misleading others.

.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any
directory of users of the Services or other user or usage information or any portion thereof.

ShearPower Pty Ltd has no obligation to monitor the Communication Services. However, ShearPower Pty
Ltd reserves the right to review materials posted to the Communication Services and to remove any
materials in its sole discretion. ShearPower Pty Ltd reserves the right to terminate User’s access to any or
all of the Communication Services at any time, without notice, for any reason whatsoever. ShearPower
Pty Ltd reserves the right at all times to disclose any information as it deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in ShearPower Pty Ltd ‘s sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage,
reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads
the materials.
Always use caution when giving out any personally identifiable information in any Communication
Services. ShearPower Pty Ltd does not control or endorse the content, messages or information found in
any Communication Services and, therefore, ShearPower Pty Ltd specifically disclaims any liability with
regard to the Communication Services and any actions resulting from User’s participation in any
Communication Services. Managers and hosts are not authorised ShearPower Pty Ltd spokespersons,
and their views do not necessarily reflect those of ShearPower Pty Ltd.

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by
providing ShearPower Pty Ltd with current, complete and accurate information as prompted by the
applicable registration form. User also will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is
entirely responsible for any and all activities that occur under User’s account. User agrees to notify
ShearPower Pty Ltd immediately of any unauthorised use of User’s account or any other breach of
security. ShearPower Pty Ltd will not be liable for any loss that User may incur as a result of someone
else using User’s password or account, either with or without User’s knowledge. However, User could be
held liable for losses incurred by ShearPower Pty Ltd or another party due to someone else using User’s
account or password. User may not use anyone else’s account at any time, without the permission of the
account holder.

8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services (“Software”) is the copyrighted work of
ShearPower Pty Ltd and/or its suppliers. Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An
end user will be unable to install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ShearPower Pty Ltd HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, ShearPower Pty Ltd MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. ShearPower Pty Ltd DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS
WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, data sheets and FAQs) from the
Services is granted, provided that (1) the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as universities, private/public colleges, and state community colleges, may
download and reproduce the Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible.

ShearPower Pty Ltd AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
ShearPower Pty Ltd AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ShearPower
Pty Ltd AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. ShearPower Pty Ltd AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.

10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL ShearPower Pty Ltd AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

11. MATERIALS PROVIDED TO [NAME OF COMPANY] OR POSTED AT ANY OF ITS WEBSITES
ShearPower Pty Ltd does not claim ownership of the materials User provide to ShearPower Pty
Ltd(including feedback and suggestions) or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any public or private community, (each a
“Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or
submitting (“Posting”) User’s Submission User is granting ShearPower Pty Ltd, its affiliated companies
and necessary sublicensees permission to use User’s Submission in connection with the operation of
their Internet businesses (including, without limitation, all ShearPower Pty Ltd Services), including,
without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with
User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein.
ShearPower Pty Ltd is under no obligation to post or use any Submission User may provide and
ShearPower Pty Ltd may remove any Submission at any time in its sole discretion. By Posting a
Submission User warrants and represents to own or otherwise control all of the rights to User’s
Submission as described in these Terms of Use including, without limitation, all the rights necessary for
User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant
and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such
Images has granted User permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms
of Use and the Services, (b) User have the rights necessary to grant the licenses and sub-licenses
described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and
not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images,
User is granting (a) to all members of User’s private community (for each such Images available to
members of such private community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use User’s Images in
connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s
name attached to such Images, and the right to sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for a Images will terminate at the time User completely
remove such Images from the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time User completely remove such Images. No
compensation will be paid with respect to the use of User’s Images.

12. Disclaimer of Warranty; Limitation of Liability
A.
USER EXPRESSLY AGREES THAT USE OF [WEBSITE] IS AT USER’S SOLE RISK. NEITHER
ShearPower Pty Ltd, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
[WEBSITE] WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF lojik.com.au,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH lojik.com.au.

B.
lojik.com.au
IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
C.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT ShearPower Pty Ltd IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE
RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D.
IN NO EVENT WILL ShearPower Pty Ltd OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING lojik.com.au
OR THE ShearPower Pty Ltd
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE lojik.com.au. USER HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL
CONTENT ON THE SITE.

E.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ShearPower Pty Ltd, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE
INFORMATION CONTAINED WITHIN lojik.com.au, OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES
ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES.

F. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES,
ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE
OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR
TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES
OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET
SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT
SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS
OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED
FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE ShearPower Pty Ltd’s SITE. THE LINKED SITES ARE
NOT UNDER THE CONTROL OF ShearPower Pty Ltd AND ShearPower Pty Ltd IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. ShearPower Pty Ltd IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
ShearPower Pty Ltd IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE

INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY lojik.com.au
OF THE SITE.

ShearPower Pty Ltd is a distributor (and not a publisher) of content supplied by third parties and Users.
Accordingly, ShearPower Pty Ltd has no more editorial control over such content than does a public
library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including information providers, Users or any

other user of lojik.com.au, are those of the respective author(s) or distributor(s) and not of ShearPower
Pty Ltd. Neither ShearPower Pty Ltd nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through lojik.com.au
represents the opinions and judgments of
the respective information provider, User, or other user not under contract with ShearPower Pty Ltd.
ShearPower Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion,

advice or statement made on lojik.com.au
by anyone other than authorised ShearPower Pty Ltd
employee spokespersons while acting in their official capacities. Under no circumstances will ShearPower
Pty Ltd be liable for any loss or damage caused by a User’s reliance on information obtained through

lojik.com.au. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through ShearPower Pty Ltd. Please seek the
advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion,
advice or other content.

14. UNSOLICITED IDEA SUBMISSION POLICY
ShearPower Pty Ltd OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN ShearPower Pty Ltd’s PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ShearPower Pty Ltd. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO ShearPower Pty Ltd OR ANYONE AT ShearPower Pty
Ltd. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT ShearPower Pty Ltd MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

15. Monitoring
ShearPower Pty Ltd shall have the right, but not the obligation, to monitor the content of lojik.com.au,
including chat rooms and forums, to determine compliance with this Agreement and any operating rules
established by ShearPower Pty Ltd and to satisfy any law, regulation or authorised government request.
ShearPower Pty Ltd shall have the right in its sole discretion to edit, refuse to post or remove any material

submitted to or posted on lojik.com.au. Without limiting the foregoing, ShearPower Pty Ltd shall have
the right to remove any material that ShearPower Pty Ltd, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.

16. Indemnification
User agrees to defend, indemnify and hold harmless ShearPower Pty Ltd, its affiliates and their
respective directors, officers, employees and agents from and against all claims and expenses, including
attorneys’ fees, arising out of the use of ShearPower Pty Ltd by User or User’s Account.

17. Termination
Either ShearPower Pty Ltd or User may terminate this Agreement at any time. Without limiting the
foregoing, ShearPower Pty ltd shall have the right to immediately terminate User’s Account in the event of
any conduct by User which ShearPower Pty Ltd, in its sole discretion, considers to be unacceptable, or in
the event of any breach by User of this Agreement.

18. Miscellaneous

This Agreement and any operating rules for lojik.com.au
established by ShearPower Pty ltd constitute
the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the Australia, without regard to its conflict of laws rules. No
waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.

19. COPYRIGHT NOTICE
ShearPower Pty Ltd, its logos are trademarks of ShearPower Pty Ltd and lojik.com.au.
All rights
reserved. All other trademarks appearing on ShearPower Pty Ltd are the property of their respective
owners.

20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organisations, products, domain names, email addresses,
logos, people and events depicted herein are fictitious. No association with any real company,
organisation, product, domain name, email address, logo, person, or event is intended or should be
inferred.

Any rights not expressly granted herein are reserved.

ONLINE SUBSCRIPTION AGREEMENT

Introduction

Welcome to ShearPower Pty Ltd, lojik.com.au! We start every new subscriber relationship with a contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click “Yes” at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “Yes” will you be able to access and use the services available on this Website.

Access and Services

Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.

Fees and Payment

We will charge you a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. [Insert price list]. You will be given the opportunity to pay by credit card or by check when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change.

System Rules

You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.

Privacy Considerations

Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, as system operators, we may need to review or monitor your electronic mail and other communications from time to time. In addition, we reserve the right to copy and distribute
to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.

6. Proprietary Rights

By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.

Limitation of Liability

You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnity

You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

Disclaimers of Warranty

THE SYSTEM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON- INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

10. Choice of Law

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the Australia and that any action arising out of this Agreement shall be litigated and enforced under the laws of the Australia. In addition, you agree to submit to the jurisdiction of the courts of the Australia, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the Australia.

11. Acknowledgment

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. AGREEING TO THIS MEANS YOU ARE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIPTION AGREEMENT.

WEBSITE PRIVACY POLICY for lojik.com.au

The Internet is an amazing tool. It has the power to change the way we live, and we’re starting to see that
potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and
services, and communicate with others from around the world. It’s important to ShearPower Pty Ltd to
help our customers retain their privacy when they take advantage of all the Internet has to offer.

We believe your business is no one else’s. Your privacy is important to you and to us. So we’ll protect the
information you share with us. To protect your privacy, ShearPower Pty Ltd follows different principles in
accordance with worldwide practices for customer privacy and data protection.

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We won’t sell or give away your name, mail address, phone number, email address or any other
information to anyone.

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We’ll use state-of-the-art security measures to protect your information from unauthorised users.

NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows
us to contact you. Generally, this information is requested when you create a Registration ID on the site or
when you download free software, enter a contest, order email newsletters or join a limited-access
premium site. We use your Personal Information for four primary purposes:

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To make the site easier for you to use by not having to enter information more than once.

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To help you quickly find software, services or information.

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To help us create content most relevant to you.

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To alert you to product upgrades, special offers, updated information and other new services from
ShearPower Pty Ltd, lojik.com.au.

CONSENT

If you choose not to register or provide personal information, you can still visit the home page of
lojik.com.au. But you will not be able to access areas that require registration.

If you decide to register, you will be able to select the kinds of information you want to receive from us by

subscribing to various services, like our electronic newsletters. If you do not want us to communicate with
you about other offers regarding ShearPower Pty Ltd, lojik.com.au
products, programs, events, or
services by email, postal mail, or telephone, you may communicate the option stating that you do not wish
to receive marketing messages from ShearPower Pty Ltd.

ShearPower Pty Ltd occasionally allows other companies to offer our registered customers information
about their products and services. If you do not want to receive these offers, you may communicate the
option stating that you do not wish to receive marketing materials from third parties.

ACCESS

We will provide you with the means to ensure that your personal information is correct and current. You
may review and update this information at any time at the Visitor Centre. There, you can:

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View and edit personal information you have already given us.

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Tell us whether you want us to send you marketing information, or whether you want third parties
to send you their offers by postal mail.

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Sign up for electronic newsletters about our services and products.

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Register. Once you register, you won’t need to do it again. Wherever you go on lojik.com.au, your
information stays with you.

SECURITY

ShearPower Pty Ltd has taken strong measures to protect the security of your personal information and
to ensure that your choices for its intended use are honoured. We take strong precautions to protect your
data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.
We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or
access your personal account information, you’re utilising secure server software SSL, which encrypts
your personal information before it’s sent over the Internet. SSL is one of the safest encryption
technologies available.
In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your
bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold
you liable for $50.00 or less, we’ll cover your liability provided the unauthorised, fraudulent use of your
credit card resulted through no fault of your own and from purchases made from us over our secure
server. In the event of unauthorised use of your credit card, you must notify your credit card provider in
accordance with its reporting rules and procedures.
ShearPower Pty Ltd strictly protects the security of your personal information and honours your choices
for its intended use. We carefully protect your data from loss, misuse, unauthorised access or disclosure,
alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under
conditions explained above. Inside the company, data is stored in password-controlled servers with
limited access. Your information may be stored and processed in Australia or any other country where
ShearPower Pty Ltd, its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal
information without knowing your user name and password, so do not share these with others.

NOTICE TO PARENTS

Parents or guardians: we want to help you guard your children’s privacy. We encourage you to talk to your
children about safe and responsible use of their Personal Information while using the Internet.

The ShearPower Pty Ltd. lojik.com.au
site does not publish content that is targeted to children.
However, if you are concerned about your children providing ShearPower Pty Ltd any personal
information without your consent, ShearPower Pty Ltd can allow parents to give parental consent for the
collection, use and sharing of children’s (ages 12 and under) personal information online.

ENFORCEMENT

If for some reason you believe ShearPower Pty Ltd has not adhered to these principles, please notify us
by email at privacy@email.com, and we will do our best to determine and correct the problem promptly.
Be certain the words Privacy Policy are in the Subject line.

ELECTRONIC PRODUCT REGISTRATION

When you buy and install a new product, we may ask you to register your purchase electronically. When
you do, we merge your registration information with any information you’ve already left with us (we call
that information your personal profile). If you haven’t previously registered with us, we create a personal
profile for you from your product registration information. If you ever want to review or update that
information, you can visit the Profile Centre, click on Update Profile, and edit any of the Personal
Information in your profile. If you haven’t already created a Registration ID, we will ask you to do so. This
ensures that only you can access your information.

CUSTOMER PROFILES

As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a
unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number, then send this

personal identification number back to your hard drive in the form of a cookie, which is a very small bit of
code. This code is uniquely yours. It is your passport to seamless travel across lojik.com.au, allowing
you to download free software, order free newsletters, and visit premium sites without having to fill out
registration forms with information you’ve already provided. Even if you switch computers, you won’t have
to re-register – just use your Registration ID to identify yourself.

What we do with the information you share

When you join us, you provide us with your contact information, including your name and email address.
We use this information to send you updates about your order, questionnaires to measure your
satisfaction with our service and announcements about new and exciting services that we offer. When you
order from us, we ask for your credit card number and billing address. We use this information only to bill
you for the product(s) you order at that time. For your convenience, we do save billing information in case
you want to order from us again, but we don’t use this information again without your permission.

We occasionally hire other companies to provide limited services on our behalf, including packaging,
mailing and delivering purchases, answering customer questions about products or services, sending
postal mail and processing event registration. We will only provide those companies the information they
need to deliver the service, and they are prohibited from using that information for any other purpose.

ShearPower Pty Ltd will disclose your personal information, without notice, only if required to do so by law
or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply
with legal process served on ShearPower Pty Ltd or the site; (b) protect and defend the rights or property
of ShearPower Pty Ltd and its family of Websites, and, (c) act in urgent circumstances to protect the
personal safety of users of ShearPower Pty Ltd, its Websites, or the public.