LEEP Website Use Policy

1. PURPOSE AND APPLICATION

1.1 This Website Use Policy ("Policy") governs access to and use of the LEEP website located at https://leep-projects.com/, including its webpages, interfaces, forms, booking functionality, content, materials, communications and associated online functionality.

1.2 The Website is operated by Iconic Productions Pty Limited ABN 58 141 824 599 ("Iconic"), including through its LEEP — Life Experience Event Productions identity ("LEEP").

1.3 This Policy establishes the conditions upon which permission is given to access and use the Website.

1.4 This Policy does not, merely by reason of a person browsing or viewing the Website, cause that person to enter into a production engagement, purchase agreement, booking contract or other substantive commercial contract with LEEP.

1.5 A booking, purchase, production engagement or other transaction may additionally be governed by separate contractual documentation as provided in this Policy.

2. DEFINITIONS

In this Policy, unless the context otherwise requires:

"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applicable from time to time.

"Booking Terms" means the version of the LEEP Booking Terms and Conditions, Purchase, Sale and Contract of Engagement applicable to the relevant booking, transaction or circumstances, as determined by those terms, the applicable acceptance process and applicable law.

"Content" means text, images, photographs, graphics, audiovisual material, documents, designs, software, interfaces, data, compilations, branding and other material appearing on or made available through the Website.

"Iconic" means Iconic Productions Pty Limited ABN 58 141 824 599.

"LEEP" means Iconic Productions Pty Limited operating through the LEEP — Life Experience Event Productions identity.

"personal information" has the meaning given by applicable privacy law, including the Privacy Act 1988 (Cth) where applicable.

"Policy" means this LEEP Website Use Policy.

"Privacy Policy" means the applicable LEEP Privacy Policy.

"Production Agreement" means a production agreement, contract of engagement or equivalent specific contractual instrument applicable to a LEEP production engagement.

"Submitted Material" means information, documents, files, photographs, audiovisual material, instructions, production material or other content submitted by or on behalf of a Website user.

"Website" means the LEEP website at https://leep-projects.com/ and its associated webpages, forms, interfaces and functionality.

"you" and "your" mean a person who accesses, browses, interacts with or uses the Website and, where applicable, a person purporting to act for another person or entity.

3. WEBSITE ACCESS AND ACCEPTANCE

3.1 By accessing or using the Website, you are given permission to use the Website subject to this Policy, applicable law and any technical or access restrictions lawfully imposed by LEEP.

3.2 Accessing or browsing a publicly available part of the Website does not, by itself, constitute entry into a production contract, booking contract or other substantive commercial agreement.

3.3 Where you affirmatively accept this Policy, the Booking Terms, a Production Agreement or another contractual document through:

1. a checkbox;
2. an electronic signature;
3. an electronic acknowledgment;
4. a booking or transaction process;
5. another affirmative acceptance mechanism; or
6. conduct otherwise recognized by applicable law as constituting acceptance,

that action may create contractual obligations according to the applicable circumstances, documentation and law.

3.4 The legal effect of any particular acceptance process is determined by the relevant contractual documentation, surrounding circumstances and applicable law.

3.5 If you do not agree to the conditions applicable to your intended use of the Website, you should discontinue that use.

4. OTHER LEEP LEGAL DOCUMENTS AND DOCUMENT HIERARCHY

4.1 This Policy operates together with other applicable LEEP legal documents, including where relevant:

1. the Booking Terms;
2. any applicable Production Agreement;
3. an accepted quotation, booking, package, scope, specification or other transaction specific terms;
4. the Privacy Policy; and
5. individually negotiated written terms expressly agreed between the relevant parties.

4.2 For commercial and contractual matters, to the extent of an actual and irreconcilable inconsistency concerning the same subject matter, the provision contained in the more specific applicable contractual document prevails to the extent of that inconsistency, unless:

1. that document expressly provides otherwise; or
2. applicable law requires a different result.

4.3 Individually negotiated written terms concerning a particular matter prevail over standard terms concerning that same matter to the extent of an actual inconsistency.

4.4 A provision prevailing under this section does not displace unrelated provisions contained in another applicable document.

4.5 Where the relevant subject matter concerns the collection, holding, use, disclosure, storage, access, correction, retention, security or other management of personal information, the Privacy Policy governs that subject matter to the extent applicable, subject always to applicable law.

4.6 The Privacy Policy operates alongside this Policy, the Booking Terms, any Production Agreement and other contractual documents rather than forming part of a commercial hierarchy merely by reason of addressing related transactions.

4.7 Nothing in this section excludes, restricts or modifies any right, guarantee, remedy, liability or jurisdiction that cannot lawfully be excluded, restricted or modified.

5. LEGAL CAPACITY, AUTHORITY AND AGENCY

5.1 You must not use the Website to enter into a transaction unless you possess the legal capacity and authority necessary for that transaction.

5.2 If you use the Website, submit information, upload material, provide instructions, incur expenditure, make a booking or otherwise purport to act on behalf of another person, company, organization or entity, you represent, to the extent applicable, that you possess authority to:

1. act on that party's behalf;
2. provide the relevant information;
3. submit or authorize the use of Submitted Material;
4. provide instructions to LEEP;
5. incur the relevant expenditure; and
6. undertake the transaction represented by you.

5.3 A representation of authority under this section does not conclusively determine the existence or extent of agency where applicable law requires consideration of additional matters.

5.4 LEEP may, where reasonably necessary, request evidence of identity, authority or authorization before acting upon an instruction or completing a transaction.

5.5 Nothing in this section prevents LEEP from relying upon rights or principles concerning actual authority, apparent authority, agency, ratification, estoppel or authorization that may otherwise be available under applicable law.

5.6 A representation of authority under this section does not relieve Iconic or LEEP of any independent obligation imposed upon it by applicable privacy or other law.

6. PERMITTED USE

6.1 You may access and use the Website for lawful purposes, including:

1. obtaining information about LEEP and its services;
2. making legitimate inquiries;
3. evaluating LEEP services;
4. undertaking legitimate booking or transaction processes;
5. communicating with LEEP through functionality provided for that purpose; and
6. other lawful activities reasonably contemplated by the Website.

6.2 Permission to use the Website is limited, nonexclusive, nontransferable and subject to this Policy and applicable law.

6.3 No permission granted under this Policy transfers ownership of any intellectual property or proprietary right to you.

7. PROHIBITED CONDUCT

7.1 You must not intentionally use the Website in a manner that is unlawful, fraudulent, malicious or materially interferes with the Website, its users or its underlying systems.

7.2 Without limiting clause 7.1, and except to the extent expressly permitted by applicable law or authorized by LEEP, you must not:

1. obtain or attempt to obtain unauthorized access to any Website system, server, account, database, administrative interface, network or restricted resource;
2. circumvent or attempt to circumvent authentication, access controls, security measures or technical restrictions;
3. probe, scan or test vulnerabilities without authorization;
4. introduce or transmit malware, malicious code, ransomware, spyware, viruses, worms or other harmful technological material;
5. intentionally interfere with, overload, disrupt, disable, impair or degrade the Website or associated infrastructure;
6. undertake a denial of service or distributed denial of service attack;
7. use automated systems, robots, spiders, scrapers or extraction technologies to systematically obtain Website Content or data, except where permitted by applicable law, expressly permitted by an applicable protocol authorized by LEEP, or authorized by LEEP in writing;
8. harvest personal information or other data from the Website without lawful authority;
9. manipulate, interfere with or exploit Website pricing, booking, payment, promotional or technical parameters;
10. submit a fraudulent, fictitious, deceptive or unauthorized inquiry, booking, payment or transaction;
11. impersonate another person or falsely represent your identity, authority or affiliation;
12. use the Website to infringe another person's intellectual property, privacy or other legal rights;
13. reproduce, republish, commercially exploit or systematically extract Website Content except as permitted by this Policy or applicable law;
14. attempt to derive source code, reverse engineer or circumvent protected Website technology except to the extent applicable law expressly permits such conduct notwithstanding contractual restriction; or
15. use the Website to facilitate unlawful conduct.

7.3 LEEP may implement reasonable technical, contractual or legal measures to protect the Website, its systems and its users from prohibited conduct.

8. INTELLECTUAL PROPERTY

8.1 The Website contains material protected by copyright, trade mark and other intellectual property laws.

8.2 Intellectual property appearing on the Website may be owned by, licensed to or otherwise lawfully used by Iconic, LEEP or a third party.

8.3 Protected material may include:

1. text and written works;
2. photographs and images;
3. cinematographic and audiovisual works;
4. video and audio material;
5. graphics, artwork and illustrations;
6. logos, trade marks and branding;
7. layouts and visual presentation;
8. templates and documentation;
9. interface designs;
10. production material and creative content;
11. databases, compilations and database structures;
12. software and Website code;
13. proprietary production methodologies to the extent legally protectable; and
14. other copyright or proprietary material.

8.4 Except as expressly permitted by this Policy, separately authorized in writing or permitted by applicable law, you must not reproduce, adapt, distribute, communicate, republish, sell, sublicense, commercially exploit or otherwise use protected Website material in a manner requiring authorization from the relevant rights holder.

8.5 You may make ordinary temporary or incidental copies technically necessary for legitimate browsing and may use Website material to the extent otherwise permitted by applicable law.

8.6 Nothing in this Policy transfers ownership of any intellectual property right to you.

9. TRADE MARKS AND BRANDING

9.1 Names, logos, marks, branding, slogans and other source identifiers displayed through the Website may constitute registered or unregistered trade marks or other protected indicia.

9.2 You must not use any LEEP or Iconic trade mark, logo or branding in a manner that falsely suggests endorsement, affiliation, sponsorship, authorization or association.

9.3 Nothing on the Website grants a trade mark license except where expressly stated in writing.

10. MATERIAL SUBMITTED BY USERS

10.1 You remain responsible for Submitted Material supplied by or on your behalf.

10.2 By submitting material, you represent, to the extent reasonably applicable, that:

1. you are entitled to submit that material;
2. its submission and the uses expressly requested or reasonably necessary to provide the relevant service will not knowingly infringe another person's rights; and
3. information supplied by you is not intentionally false or misleading.

10.3 You grant Iconic and LEEP a nonexclusive license to receive, store, reproduce, process and use Submitted Material only to the extent reasonably necessary to:

1. respond to your inquiry;
2. administer or assess a proposed booking;
3. perform an applicable contract;
4. provide requested services;
5. maintain legitimate business, security and evidentiary records;
6. manage or resolve disputes;
7. prevent or investigate fraud or misuse; and
8. comply with legal or regulatory obligations.

10.4 The license in clause 10.3 continues only for so long as reasonably required for the applicable purpose, legitimate business requirements, evidentiary preservation, dispute management or legal and regulatory obligations, subject to applicable law and the Privacy Policy.

10.5 Any broader use of customer supplied material for publication, advertising, promotion or another materially different purpose will be governed by applicable law, relevant contractual documentation or appropriate authorization.

10.6 Personal information contained in Submitted Material is additionally governed by the Privacy Policy and applicable privacy law.

11. BOOKINGS, PURCHASES AND PRODUCTION ENGAGEMENTS

11.1 Information displayed on the Website concerning services, packages, options, prices or availability does not of itself necessarily constitute an unconditional offer capable of acceptance.

11.2 The time at which a binding booking, purchase or production engagement is formed is determined by:

1. the applicable Booking Terms;
2. any applicable Production Agreement;
3. the applicable acceptance process;
4. relevant booking particulars; and
5. applicable law.

11.3 For the avoidance of doubt, this Policy does not independently determine the precise moment at which a booking, purchase or production engagement becomes legally binding.

11.4 Where applicable, transactions are governed by the Booking Terms together with any applicable Production Agreement, accepted booking particulars and other expressly incorporated terms.

11.5 Nothing in this Policy independently alters a concluded contract unless:

1. that contract expressly permits the alteration; or
2. applicable law otherwise permits or requires it.

12. WEBSITE INFORMATION AND REPRESENTATIONS

12.1 LEEP endeavors to maintain Website information that is useful and reasonably current.

12.2 Website Content may nevertheless include general, illustrative, descriptive or promotional information and must be considered in its proper context.

12.3 Photographs, examples, illustrations, descriptions and audiovisual materials may depict previous productions, representative circumstances, creative concepts or examples and do not necessarily constitute a promise that every engagement will be identical.

12.4 The contractual significance of particular Website information depends upon the circumstances, representations made, applicable booking process and relevant contractual documentation.

12.5 Nothing in this section permits misleading or deceptive conduct or false or misleading representations, nor does it extinguish a right arising from a representation where applicable law provides otherwise.

12.6 Nothing in this section limits the effect of a representation, description, specification or commitment that is expressly incorporated into an applicable booking, quotation, Production Agreement or other contractual instrument.

13. PRICING, AVAILABILITY AND ERRORS

13.1 LEEP may correct genuine typographical, transcription, computational, display or technical errors appearing on the Website.

13.2 If LEEP reasonably believes that a material error has affected an incomplete or pending transaction, LEEP may temporarily suspend completion of that transaction while the matter is investigated.

13.3 Where reasonably practicable, an affected customer will be notified if a material error requiring investigation is identified during a transaction.

13.4 If an error affects an existing concluded booking or transaction, any corrective action will be undertaken subject to the applicable contract and applicable law.

13.5 LEEP does not acquire an unrestricted right to cancel, reprice or materially alter a concluded contract merely because information appearing on the Website subsequently changes or because an error is later identified.

13.6 Availability, packages, features and prices applicable to future transactions may change from time to time, subject to applicable law.

14. THIRD PARTY WEBSITES AND SERVICES

14.1 The Website may contain links to or interact with websites, payment systems, hosting infrastructure, software, communications services or other facilities supplied by third parties.

14.2 A link to an independent third party website does not, merely by reason of the link, constitute endorsement of all information, products, services or conduct associated with that website.

14.3 LEEP does not control independent third party websites and cannot guarantee their availability, content, security or continuing operation.

14.4 Use of an independent third party service may additionally be governed by that provider's own contractual terms, privacy practices and acceptance processes.

14.5 Nothing in clause 14.4 means that third party terms bind a person merely because this Policy refers to them. Their legal effect depends upon their own acceptance mechanism, applicable circumstances and law.

14.6 Nothing in this section excludes liability that applicable law imposes upon Iconic or LEEP for the acts or omissions of a contractor, agent, service provider or other person where such liability cannot lawfully be excluded.

15. WEBSITE AVAILABILITY, COMPATIBILITY AND MAINTENANCE

15.1 LEEP does not warrant that the Website will operate continuously, uninterrupted or without technical error.

15.2 Website availability may be affected by maintenance, upgrades, telecommunications failures, hosting interruptions, cyber incidents, third party infrastructure, equipment failures, software defects, internet conditions and circumstances outside LEEP's reasonable control.

15.3 LEEP may temporarily suspend or restrict Website functionality where reasonably necessary for:

1. maintenance;
2. security;
3. legal compliance;
4. system integrity;
5. infrastructure protection; or
6. protection of users.

15.4 Temporary unavailability of the Website does not, by itself, extinguish or alter obligations already arising under a concluded contract.

15.5 LEEP may from time to time update the Website's technical, compatibility and accessibility features.

15.6 LEEP does not represent that every Website feature will necessarily operate identically across every device, browser, operating system or technical environment.

15.7 Nothing in this section excludes any obligation imposed by applicable anti discrimination, accessibility, consumer protection or other law.

16. CYBERSECURITY AND SUSPICIOUS COMMUNICATIONS

16.1 LEEP may implement administrative, technical and organizational security measures intended to protect its Website, systems and information.

16.2 No internet connected system can reasonably be represented as absolutely secure in all circumstances.

16.3 You are responsible for taking reasonable precautions appropriate to your circumstances when accessing online services, including maintaining the security of devices, credentials and communications under your control.

16.4 You should notify LEEP promptly if you reasonably believe that Website functionality, a transaction or information associated with your dealings with LEEP has been subject to unauthorized access, compromise or misuse.

16.5 LEEP will not require a customer to circumvent Website security controls or intentionally disclose credentials through a communication channel that LEEP expressly identifies as unauthorized for that purpose.

16.6 Users should independently verify suspicious communications, unusual payment instructions or unexpected requests purporting to originate from LEEP before acting upon them.

16.7 Nothing in this section excludes or limits an obligation imposed upon Iconic or LEEP by applicable privacy, consumer protection, cybersecurity or other law.

17. PRIVACY

17.1 Personal information collected through or in connection with the Website is handled in accordance with the LEEP Privacy Policy and applicable privacy law.

17.2 The Privacy Policy should be read together with this Policy where Website use involves the collection or handling of personal information.

17.3 Where the subject matter concerns the collection, holding, use, disclosure, storage, access, correction, retention, security or management of personal information, the Privacy Policy governs that subject matter to the extent applicable, subject always to applicable law.

17.4 Nothing in this Policy authorizes collection, use, disclosure or retention of personal information in circumstances where applicable law does not permit it.

17.5 Nothing in this section displaces any mandatory right, complaint mechanism, regulatory process or remedy available under applicable privacy law.

18. ELECTRONIC COMMUNICATIONS, ACCEPTANCE AND RECORDS

18.1 The Website may permit communications, acknowledgments, selections, submissions, records and transactions to occur electronically.

18.2 An electronic communication or action may have legal effect where applicable law and the relevant contractual documentation provide for that effect.

18.3 Where an electronic acceptance or signature process forms part of a booking or Production Agreement, the legal effect and evidentiary requirements of that process are governed principally by the applicable Booking Terms, Production Agreement and applicable law.

18.4 LEEP may maintain electronic records associated with an acceptance, booking or transaction process where reasonably necessary for:

1. transaction administration;
2. verification;
3. evidentiary purposes;
4. fraud prevention;
5. dispute resolution; or
6. legal compliance,

subject to applicable law and the Privacy Policy.

18.5 Records maintained under this section may be relied upon by Iconic or LEEP in connection with verification, contract administration, dispute resolution or legal proceedings, subject to applicable rules concerning admissibility, authenticity and evidentiary weight.

18.6 Nothing in this Policy requires an electronic transaction or communication to be treated as legally effective where applicable law requires otherwise.

19. GENERAL INFORMATION AND PROFESSIONAL ADVICE

19.1 Unless expressly stated otherwise, general information appearing on the Website is provided for informational purposes relating to LEEP and its services.

19.2 Incidental information concerning legal, financial, taxation, medical, regulatory or other specialist matters outside LEEP's expressly contracted production services is general in nature unless expressly agreed otherwise.

19.3 Website Content does not constitute legal, financial, taxation, medical or other regulated professional advice merely because such subject matter is incidentally mentioned.

19.4 Where professional advice is required for your circumstances, you should obtain advice from an appropriately qualified professional.

19.5 Nothing in this section diminishes any express professional representation or obligation that LEEP separately agrees in writing to undertake where legally permitted.

20. STATUTORY RIGHTS AND NONEXCLUDABLE OBLIGATIONS

20.1 Nothing in this Policy is intended to exclude, restrict or modify any consumer guarantee, right, remedy, condition, warranty, liability or statutory protection imposed or conferred by:

1. the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law; or
2. any other applicable law,

where it would be unlawful to exclude, restrict or modify that protection.

20.2 Where a right, remedy or liability may lawfully be limited but not excluded, any limitation contained in this Policy applies only to the maximum extent and in the manner permitted by law.

20.3 Nothing in this Policy should be interpreted as requiring a person to waive a right that applicable law does not permit that person to waive.

20.4 Every disclaimer, limitation, exclusion, indemnity and remedy contained in this Policy is subject to this section.

21. WEBSITE SPECIFIC DISCLAIMERS

21.1 This section principally concerns risks associated with access to and operation of the Website itself and does not purport independently to determine liability arising from the substantive performance of a concluded LEEP production engagement.

21.2 Subject to section 20 and to the maximum extent permitted by law, LEEP does not warrant that general Website information will at all times be:

1. complete;
2. current;
3. uninterrupted;
4. free from technical error; or
5. suitable for every unstated purpose or circumstance.

21.3 You remain responsible for determining whether general Website information is suitable for your particular requirements before relying upon it, except to the extent that applicable law, a representation or an applicable contract provides otherwise.

21.4 No disclaimer in this Policy applies to the extent that applying it would be unlawful.

22. LIMITATION OF LIABILITY FOR WEBSITE USE

22.1 This section is subject to section 20.

22.2 This section principally regulates liability associated with operation of, access to and use of the Website.

22.3 Liability arising from the substantive performance or nonperformance of a concluded booking, purchase or production engagement is governed principally by:

1. applicable law;
2. the Booking Terms;
3. any applicable Production Agreement; and
4. other applicable transaction specific contractual terms.

22.4 To the maximum extent permitted by law, Iconic and LEEP exclude liability arising solely from:

1. temporary Website unavailability;
2. unauthorized or unlawful use of the Website by the claimant;
3. a claimant's failure to take reasonable precautions over devices or credentials under that claimant's control;
4. independent third party websites or services outside Iconic's reasonable control; or
5. reliance upon general Website information that was not represented or incorporated as a contractual commitment,

except to the extent that the relevant loss was caused or contributed to by an act or omission for which Iconic or LEEP is legally responsible.

22.5 To the maximum extent permitted by law, liability for indirect or consequential loss arising specifically from Website access or operation is excluded only to the extent that such liability may lawfully be excluded in the particular circumstances.

22.6 No exclusion or limitation under this section applies to:

1. a consumer guarantee or associated remedy that cannot lawfully be excluded or limited;
2. liability that applicable law prohibits Iconic or LEEP from excluding or limiting; or
3. liability to the extent caused or contributed to by conduct for which Iconic or LEEP remains legally responsible and which cannot lawfully be excluded.

22.7 Where applicable law permits liability to be limited but not wholly excluded, liability is limited only to the extent and in the manner that the law permits.

22.8 Nothing in this section supersedes, expands or reduces any liability regime expressly established by the applicable Booking Terms, Production Agreement or other specific Contract of Engagement.

23. INDEMNIFICATION FOR WRONGFUL CONDUCT

23.1 Subject to section 20 and to the maximum extent permitted by law, you indemnify Iconic against loss, liability, damage, cost or expense reasonably incurred to the extent directly caused by your:

1. fraud;
2. intentional unlawful conduct;
3. malicious interference with the Website or associated systems;
4. knowing infringement of another person's intellectual property rights through Submitted Material;
5. materially false representation of authority upon which Iconic reasonably relied; or
6. third party claim arising directly from Submitted Material supplied by you without rights or authorization reasonably necessary for the use requested by you.

23.2 The indemnity does not apply to the extent that the relevant loss was caused or contributed to by:

1. Iconic;
2. LEEP; or
3. another person for whose conduct Iconic is legally responsible.

23.3 An ordinary or technical breach of this Policy does not, merely because it constitutes a breach, automatically create an indemnity under this section.

23.4 Nothing in this section prevents Iconic from pursuing another remedy lawfully available for breach, unlawful conduct or damage.

23.5 This indemnity does not supersede any separately applicable indemnity contained in the Booking Terms, a Production Agreement or another applicable specific contractual instrument. Each indemnity operates according to its own subject matter and terms, subject to applicable law.

23.6 Nothing in this section creates liability that applicable law prohibits or makes the indemnity broader than applicable law permits.

24. SUSPENSION OR RESTRICTION OF WEBSITE ACCESS

24.1 LEEP may take reasonable and proportionate measures to suspend, restrict or block Website access or functionality where reasonably necessary to:

1. protect Website security or integrity;
2. respond to suspected unlawful, fraudulent or malicious activity;
3. prevent material interference with the Website;
4. comply with law, court order or lawful regulatory requirement; or
5. protect LEEP, customers or third parties from a material and reasonably identifiable risk.

24.2 Where reasonably practicable and appropriate in the circumstances, LEEP may provide notice of a material restriction affecting a legitimate user.

24.3 Suspension or restriction of Website access does not, by itself:

1. terminate a customer relationship;
2. terminate an existing production engagement; or
3. extinguish rights or obligations already accrued under a concluded contract.

24.4 Where Website access is restricted but an existing engagement remains in force, LEEP may, where reasonably feasible, provide or identify an alternative reasonable communication method for legitimate communications concerning that engagement.

24.5 Nothing in this section prevents immediate protective action where delay would materially increase security, fraud, legal or operational risk.

25. CHANGES TO THE WEBSITE

25.1 LEEP may develop, modify, improve, replace or discontinue Website Content or functionality from time to time.

25.2 Changes to Website functionality do not retrospectively alter accrued rights or obligations under an existing concluded contract unless:

1. the applicable contract lawfully permits that result; or
2. applicable law permits or requires it.

25.3 Changes to Website Content applicable only to future transactions may take effect prospectively upon publication or upon another stated effective date.

26. CHANGES TO THIS POLICY

26.1 LEEP may amend this Policy prospectively from time to time to reflect changes to:

1. the Website or its functionality;
2. legitimate business practices;
3. security requirements;
4. applicable law or regulatory guidance; or
5. the legal or operational framework governing the Website.

26.2 Each materially amended Policy should identify its applicable version, effective date or both.

26.3 An amendment to this Policy does not retrospectively alter rights or obligations already accrued under a concluded booking, Production Agreement or other contract unless:

1. the applicable contract expressly and lawfully permits that alteration;
2. the affected parties separately agree to that alteration where required; or
3. applicable law permits or requires it.

26.4 Future Website use may be subject to the version of this Policy then published and effective.

26.5 Clause 26.4 does not mean that passive browsing constitutes affirmative acceptance of an amended substantive contractual obligation where applicable law or the relevant contractual circumstances require affirmative acceptance.

26.6 Where affirmative contractual acceptance of a new or materially altered term is required, LEEP may seek that acceptance through an appropriate acknowledgment, checkbox, signature or other acceptance process.

27. RECORDS AND EVIDENCE

27.1 Subject to applicable law and the Privacy Policy, Iconic may retain appropriate business, security and transactional records relating to Website interactions.

27.2 Such records may include information reasonably required for:

1. security;
2. transaction administration;
3. dispute resolution;
4. fraud prevention;
5. legal or regulatory compliance; and
6. evidentiary preservation.

27.3 Records will be retained only for so long as reasonably required for the applicable purpose, legitimate business requirements or legal obligations, subject to the Privacy Policy and applicable law.

27.4 Records maintained under this section may be produced or relied upon by Iconic or LEEP where relevant to verification, contract administration, dispute resolution or legal proceedings. The existence of such a record does not, by itself, make that record conclusive, and its admissibility, authenticity, evidentiary weight and legal effect remain subject to applicable law.

28. ENFORCEMENT AND PRESERVATION OF RIGHTS

28.1 A failure or delay by Iconic or LEEP in exercising a right does not of itself constitute a waiver of that right.

28.2 A waiver concerning one matter does not constitute a waiver concerning another matter unless expressly stated.

28.3 A waiver is effective only to the extent expressly given.

28.4 Rights and remedies under this Policy are cumulative to the extent permitted by law and do not exclude rights or remedies otherwise available under applicable law.

29. SEVERABILITY AND READING DOWN

29.1 If a provision of this Policy is determined to be invalid, illegal, void or unenforceable, that provision is to be:

1. read down to the extent legally permissible; or
2. if lawful reading down is not possible, severed to the minimum extent necessary.

29.2 The remaining provisions continue to operate to the extent that they are capable of doing so independently.

29.3 Nothing in this section authorizes a court, party or other person to rewrite a provision in a manner that applicable law does not permit.

30. GOVERNING LAW AND JURISDICTION

30.1 This Policy is governed by the laws in force in New South Wales, Australia.

30.2 Subject to any right, remedy or jurisdiction that cannot lawfully be excluded or restricted, the parties submit to the nonexclusive jurisdiction of the courts and tribunals of New South Wales and courts competent to hear appeals from them.

30.3 Nothing in this section prevents a person from exercising a mandatory statutory right to commence or defend proceedings in another competent jurisdiction where applicable law confers that right.

30.4 Nothing in this section excludes the operation of mandatory laws applicable to a person or transaction.

31. CONTACT, INQUIRIES AND COMPLAINTS

31.1 General questions concerning this Website Use Policy or operation of the Website may be directed to LEEP through the contact facilities published on the Website.

31.2 Privacy inquiries, access or correction requests, privacy complaints and other matters concerning personal information should be made in accordance with the contact and complaint procedures specified in the Privacy Policy.

31.3 A complaint or dispute concerning a booking, purchase or production engagement is additionally subject to any applicable procedure contained in the Booking Terms, Production Agreement or other relevant contractual instrument.

31.4 Nothing in this section requires a person to use a contractual complaint procedure where applicable law confers a nonexcludable right to approach a regulator, court, tribunal or other competent body.

31.5 A general Website contact mechanism does not displace any particular notice procedure expressly required under an applicable contractual document.

32. INTERPRETATION

32.1 Headings assist readability and do not limit the substantive meaning of a provision.

32.2 Words importing the singular include the plural and vice versa where the context permits.

32.3 A reference to a person includes an individual, corporation, organization or other legal entity where the context permits.

32.4 "Including," "includes," "such as" and similar expressions are not words of limitation.

32.5 A reference to legislation includes applicable amendments, replacements and subordinate legislation from time to time to the extent relevant.

32.6 Where an obligation is qualified by expressions including:

1. "reasonable";
2. "reasonably";
3. "material";
4. "proportionate";
5. "to the extent";
6. "to the maximum extent permitted by law"; or
7. similar qualifying language,

that qualification is intended to have substantive legal effect.

32.7 An obligation imposed upon more than one person applies according to the circumstances and applicable law and does not create joint liability merely because more than one person is referred to in this Policy.

33. ENTIRE WEBSITE USE POLICY

33.1 This Policy constitutes the general conditions governing use of the Website but does not replace any separately applicable:

1. Booking Terms;
2. transaction terms;
3. Production Agreement;
4. privacy obligations; or
5. individually negotiated contractual terms.

33.2 No provision of this Policy should be interpreted in isolation where another applicable contractual document expressly and more specifically governs the same matter.

33.3 Nothing in this section excludes the legal effect of a representation, conduct, statutory right or obligation where applicable law does not permit that effect to be excluded.

34. VERSION CONTROL AND TEMPORAL APPLICATION

34.1 This Policy maintains its own version number and effective date independently of the version number or effective date of the Booking Terms, Privacy Policy, Production Agreement or any other LEEP legal document.

34.2 An amendment to another LEEP legal document does not, merely because that document is amended, amend this Policy.

34.3 An amendment to this Policy does not, merely because this Policy is amended, amend another LEEP legal document.

34.4 Where a particular version of this Policy is materially relevant to a Website interaction, transaction, event or dispute, the applicable version is determined by the nature and timing of the relevant interaction, any applicable acceptance process, the applicable contractual documentation and applicable law.

34.5 A later version of this Policy does not, merely because it is later published, retrospectively replace the version applicable to an earlier concluded transaction, accrued right or completed Website interaction where doing so would alter an existing legal position.

34.6 Iconic may maintain historical versions or records identifying versions of this Policy for legitimate contractual, evidentiary, regulatory and business purposes, subject to the Privacy Policy and applicable law.

35. ACCESSIBILITY AND AVAILABILITY OF THIS POLICY

35.1 LEEP intends this Policy to be reasonably accessible through the Website.

35.2 Headings, numbering and structural formatting are provided to assist navigation, comprehension and readability.

35.3 Nothing in the presentation, formatting, heading structure or navigation of this Policy alters the substantive meaning or legal operation of a provision.

35.4 If a technical presentation issue materially interferes with access to this Policy, a person may contact LEEP through the contact facilities published on the Website.