Terms and Conditions

incomn Pty Ltd (ACN 697 733 270)

Effective: 11 June 2026

These Terms and Conditions (Terms) govern your access to and use of the incomn mobile application and the website at incomn.app (together, the Platform), provided by incomn Pty Ltd (ACN 697 733 270) (incomn, we, us or our).

Please read these Terms carefully.

By creating an account, accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference and is available at incomn.app/privacy. If you do not agree to these Terms, do not use the Platform.

Words and phrases in bold are defined where they first appear or in section 23 (Definitions).

1. Acceptance of these Terms

(a) These Terms form a legally binding agreement between you and incomn. They apply each time you access or use the Platform.

(b) We may amend these Terms in accordance with section 19. Your continued use of the Platform after the updated Terms take effect constitutes acceptance of the revised Terms.

(c) If you are using the Platform on behalf of a business or other entity, you confirm that you have authority to bind that entity to these Terms.

2. Eligibility

(a) To use the Platform, you must:

(i) be at least 18 years of age;

(ii) be located in Australia or be a visitor to Australia at the time of use;

(iii) have the legal capacity to enter into a binding agreement; and

(iv) not have been previously suspended or removed from the Platform by us.

(b) If we discover that any of these conditions are not met, we may suspend or terminate your account without notice.

(c) The Platform is not an "age-restricted social media platform" within the meaning of the Online Safety Act 2021 (Cth) as amended by the Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth). It is designed for adults aged 18 and over and does not target or permit accounts for persons under 18.

(d) We may, at any time and at our discretion, require you to verify your identity, your age, your right to be in Australia or any other information you have provided to us. We may suspend your access to all or part of the Platform until that verification is satisfactorily completed. Verification may be carried out by us or by a third party identity verification provider on our behalf.

(e) If you are registering or using the Platform on behalf of a Business or other entity, you warrant that you are at least 18 years of age, that you have full authority to bind that entity to these Terms and that all information provided about the entity is accurate. You will indemnify incomn for any loss arising from a breach of this warranty.

(f) If we become aware that an account has been created or used by a person under 18 years of age, we will close the account and may, where required, notify the eSafety Commissioner or other relevant authority. Parents and guardians who become aware of an account created by a person under 18 should contact us at support@incomn.app.

3. Your account

(a) To access most features of the Platform you must create an account by providing accurate, current and complete information, including your real name, email address and mobile phone number.

(b) You are responsible for:

(i) maintaining the accuracy of your account information;

(ii) keeping your login credentials confidential and secure;

(iii) all activity that occurs under your account, whether or not authorised by you; and

(iv) notifying us at support@incomn.app immediately if you suspect unauthorised use of your account or any breach of account security.

(c) You must not:

(i) create more than one account for yourself;

(ii) create an account using a false identity or another person's details;

(iii) share your account credentials with any other person; or

(iv) transfer your account to another person without our prior written consent.

(d) We may suspend or terminate any account that we reasonably believe has been created or used in breach of these Terms.

(e) We may require you to enable multi-factor authentication or other additional security measures as a condition of using particular features of the Platform. You must keep the device, email account and phone number linked to your account secure and you must update those details promptly if they change.

(f) You are responsible for all activity that occurs under your account, including any Bookings made and any payment instructions given, whether by you or anyone you have permitted to use your account. You agree to indemnify incomn for any loss arising from unauthorised use of your account that results from your failure to keep your credentials confidential or to notify us promptly of suspected unauthorised access.

(g) If your account remains inactive for a continuous period of 24 months, we may, after providing reasonable notice to the email address associated with your account, deactivate or delete the account. Deactivation does not affect any Booking already confirmed or any payment obligation that has accrued.

(h) You must not sell, rent, license, sub-let or otherwise commercialise access to your account. Where we identify that an account is being used in a way that is inconsistent with personal, individual use, we may suspend the account, require it to be converted to a business account or terminate access without refund of any prepaid amounts.

4. The Platform and our role

4.1 What incomn does

The Platform is a technology service that connects consumers with local businesses, including restaurants, cafes, hair or beauty salons, fitness studios, sporting clubs, market organisers and food trucks (each a Business), so that consumers can discover, follow, book, pay for and communicate about those Businesses' services.

4.2 What incomn is not

incomn is not a party to any transaction or contract between you and a Business. When you make a Booking through the Platform, the contract for the supply of services is directly between you and the Business. incomn:

(a) does not provide, control or guarantee any services offered by Businesses;

(b) does not guarantee the availability, quality, safety or fitness for purpose of those services;

(c) does not act as agent for any Business;

(d) does not hold, pool or store consumer funds at any point in the payment flow;

(e) is not responsible for the conduct of any Business or other user;

(f) is not responsible for the safety, security or condition of any premises operated by a Business or for any incident, loss, injury or damage that occurs at or in connection with those premises;

(g) does not act as a travel agent, a payment system operator (within the meaning of the Payment Systems (Regulation) Act 1998 (Cth)), a financial services provider, an insurance broker, a non-cash payment facility provider or a credit provider;

(h) is not responsible for whether a Business has, or maintains, any licence, registration, permit, accreditation or insurance required to lawfully provide its services, including any food business registration, liquor licence, working with children check, professional registration or public liability insurance;

(i) does not verify, monitor or guarantee the accuracy of menu items, allergen information, dietary descriptors, opening hours, prices, photographs or any other content displayed on a Business's profile;

(j) is not responsible for any communication, agreement, side-arrangement, gratuity or transaction between you and a Business that occurs outside the Platform; and

(k) is not a party to, and does not warrant the performance of, any loyalty programme, voucher, promotional offer or membership benefit offered by a Business through the Platform.

4.3 Business independence and no endorsement

(a) Each Business listed on the Platform is an independent entity. Businesses are responsible for their own services, pricing, availability, policies (including cancellation policies), and compliance with all applicable laws. The listing of a Business on the Platform does not constitute an endorsement, recommendation or guarantee by incomn.

(b) The order, ranking, prominence and categorisation of Businesses on the Platform is determined by incomn and may be influenced by relevance, location, user activity, popularity, paid placement or other factors that we determine in our discretion. Where a listing is sponsored, promoted or otherwise paid for, we will identify it as such in a manner consistent with our obligations under the Australian Consumer Law.

(c) Star ratings, badges, awards or other recognition shown on a Business's profile are derived from user-generated content, internal metrics or third party data sources. incomn does not warrant that any rating, badge or award reflects the current quality, conduct or compliance status of a Business at any particular point in time.

4.4 Platform availability and changes

(a) The Platform relies on third party infrastructure and services, including hosting providers, telecommunications carriers, payment processors, mapping services, push notification gateways and identity verification providers. incomn is not liable for any unavailability, error, delay or loss caused by a failure or change in any third party service. We may add, change or remove third party providers at any time.

(b) We endeavour to make the Platform available at all times, but we do not guarantee uninterrupted access. The Platform may be unavailable from time to time due to maintenance, updates, technical issues or circumstances beyond our control. We may modify, update, suspend or discontinue any feature of the Platform at any time. Where a change materially affects your use of the Platform, we will use reasonable efforts to notify you in advance.

(c) From time to time we may release features labelled as "beta", "preview", "trial" or similar. Those features are provided on an as-is basis, may contain defects, may be changed or withdrawn without notice and are excluded from any service standards or representations we make about the Platform generally.

(d) You are responsible for obtaining and maintaining the device, operating system, internet connection and software needed to access the Platform. We may set minimum technical requirements (including supported versions of iOS, Android and web browsers) and you may not be able to access the Platform, or some features of it, if your device does not meet those requirements.

(e) We may, at our discretion and with reasonable prior notice (where reasonably practicable), discontinue the Platform in whole or in part, withdraw the Platform from a particular region or device class, or migrate it to a different provider or technology. Subject to the Australian Consumer Law, no compensation is payable to you for any such change.

5. Bookings

5.1 Making a Booking

(a) When you submit a Booking through the Platform, you are making an offer to the relevant Business to acquire its services at the time and price displayed. A Booking is confirmed when the Business accepts the request and you receive a Booking confirmation notification.

(b) Information shown for each Business, including its availability, opening hours, menu, pricing, photographs, location and any special offers, is provided by the Business and may change at any time. incomn does not warrant that any of that information is current, complete or accurate. You should treat all displayed information as indicative only and confirm any matter that is critical to you with the Business directly.

(c) A Business may decline, modify or release a Booking request at any time before confirmation. Even after confirmation, a Business may need to cancel a Booking due to operational reasons, capacity changes, equipment failure, staff illness or other matters outside its control. Where a confirmed Booking is cancelled by a Business, you are entitled to a refund of any prepayment for the relevant service in accordance with the Business's policy and the Australian Consumer Law.

(d) All times displayed for Bookings are the local time at the Business's nominated location and take account of Australian daylight saving arrangements where they apply. It is your responsibility to ensure you understand the local time of the Booking, particularly where you are travelling between time zones.

(e) Where a Business operates a waitlist, joins the Platform's standby feature or otherwise tentatively holds a request, this does not constitute a confirmed Booking. A Booking is only formed when you receive a positive confirmation through the Platform.

5.2 Your obligations

When you make a Booking, you agree to:

(a) provide accurate information about your Booking, including party size, date, time and any special requirements;

(b) comply with the Business's booking terms, including its cancellation policy and any minimum spend or cover requirements displayed on the Business's profile;

(c) arrive at the booked time or notify the Business of any change as soon as possible;

(d) treat Business staff and other customers with respect;

(e) comply with all reasonable directions of the Business and its staff while at the Business's premises, including directions about seating, dress code, conduct, photography, mobile phone use, smoking, vaping and the consumption of food or drink brought from outside;

(f) where the Business's services involve the supply of alcohol, gaming, regulated entertainment or any age-restricted activity, produce valid identification on request and comply with all responsible service of alcohol and other regulatory requirements;

(g) disclose to the Business, where relevant to the safe provision of the service, any allergy, medical condition, pregnancy, pre-existing injury or other matter that may affect your participation in the service. incomn is not responsible for any failure by you to make such disclosure or for any loss arising from non-disclosure;

(h) not engage in conduct at the Business's premises that is unlawful, dangerous, threatening, abusive or that interferes with the enjoyment of the service by other customers; and

(i) be responsible for any damage or loss caused to the property of a Business by you or any other person attending under your Booking, including any guests in a Group Booking who you have invited.

5.3 Cancellations and no-shows

(a) Each Business sets its own cancellation policy, which is displayed on its profile before you confirm a Booking. Cancellations made outside the policy window may result in forfeiture of any deposit or prepayment. If you fail to attend a confirmed Booking without cancelling (a no-show), you may be charged a no-show fee in accordance with the Business's policy. incomn may restrict or suspend the accounts of users with a pattern of repeated no-show behaviour.

(b) A pattern of repeated no-show behaviour includes three or more no-shows in any rolling 12-month period across one or more Businesses. We may, in our discretion, apply lower thresholds for high-demand Businesses, group Bookings or Bookings involving prepayment. We will, where reasonably practicable, notify you before applying any restriction.

(c) If you are unable to attend a Booking due to a circumstance beyond your reasonable control, including serious illness, injury, bereavement, natural disaster or a government direction, you should notify the Business as soon as reasonably possible. Whether a refund or fee waiver is offered is a matter for the Business's policy, but incomn will not treat a non-attendance in those circumstances as a no-show for the purposes of any account restriction by incomn.

(d) Where a Business cancels a confirmed Booking, you will be notified through the Platform. Any prepayment made by you for the affected service will be refunded by Stripe to your original payment method, generally within five business days, subject to your financial institution's processing times. Platform Fees in respect of Bookings cancelled by a Business will be refunded in accordance with section 7.7.

(e) You acknowledge that cancellation fees, no-show fees and minimum spend or cover charges levied by a Business in accordance with its cancellation policy are charges payable to the Business, are not payable to or retained by incomn, and are a matter for the Business's commercial discretion subject to applicable law.

5.4 Group Bookings

(a) The Platform allows you to create Group Bookings where multiple guests are invited to a single Booking. As the host of a Group Booking:

(i) you are responsible for ensuring the party size meets any minimum cover requirements set by the Business;

(ii) each invited guest who accepts is individually responsible for their own attendance and payment obligations; and

(iii) if a guest fails to pay or declines the invitation, you and the remaining guests may still be required to meet any minimum spend or cover charges set by the Business. incomn is not responsible for any shortfall arising from guest non-attendance or non-payment.

(b) As the host of a Group Booking, you warrant that you have the authority of each guest to share their name, contact details and any dietary or other relevant information with the Business and with incomn for the purpose of administering the Group Booking. You must not share details of any guest who has not consented.

(c) Each guest must accept the invitation to a Group Booking through the Platform. By accepting, the guest agrees to these Terms and any cancellation policy of the Business that applies to the Group Booking. A guest who does not accept the invitation is not a party to the Group Booking and is not bound by it.

(d) You indemnify incomn for any claim brought by a guest of a Group Booking that you organised which arises from information you provided about the guest, the way the Group Booking was set up or your conduct in administering the Group Booking.

5.5 Disputes with Businesses

(a) Any dispute regarding the quality, nature or provision of services received through a Booking is between you and the Business. incomn will use reasonable efforts to assist in facilitating communication but is not responsible for resolving such disputes.

(b) To enable us to assist with communication, you should raise any complaint about a service received from a Business as soon as reasonably practicable and, in any event, within 30 days after the date of the relevant Booking. Complaints raised after that period may be more difficult to investigate and we may decline to assist with them, although your rights under the Australian Consumer Law are not affected.

(c) Where incomn assists in facilitating communication, we do so as a neutral intermediary and not as your agent or representative. Any view expressed by incomn about the merits of a dispute is informal only and is not legal or commercial advice. We may, but are not obliged to, retain copies of communications, transaction records and other information relevant to a dispute for as long as we consider necessary.

(d) If a dispute involves an allegation of unsafe practice, serious injury, food contamination, regulatory non-compliance or unlawful conduct, you should also report the matter directly to the relevant authority (such as the local council, state food authority, work health and safety regulator, police or the Australian Competition and Consumer Commission (ACCC)) so that it can be properly investigated.

6. Messaging and enquiries

6.1 Booking messages

(a) Once a Booking is confirmed, a message thread is opened between you and the Business for communicating about that Booking. The thread closes automatically once the Booking is completed or cancelled.

(b) Message threads are limited to 10 messages per Booking and must be used only for legitimate communication related to the Booking (for example, special requests, arrival details, dietary needs or appointment changes).

(c) Business staff members may read and respond to messages on behalf of the Business. By sending a message, you acknowledge that it may be seen by any authorised staff member of that Business.

(d) You must not use the messaging feature to send unsolicited communications, marketing material, offensive content or communications that harass, threaten or abuse any person.

(e) incomn does not monitor message content in real time but reserves the right to review messages and take action (including account suspension) where a breach of these Terms is suspected.

(f) Messages exchanged through the Platform are retained by incomn for a reasonable period after the relevant Booking has been completed or cancelled, as needed to support customer service, dispute resolution, fraud prevention and our legal obligations. Messages may be retained for longer where required by law or where we reasonably consider it necessary to do so.

(g) You should not have an expectation of privacy from incomn in respect of messages sent through the Platform. Messages may be accessed by incomn staff or our service providers for the purposes set out in the Privacy Policy, including investigating breaches of these Terms, complying with a lawful request from a court, regulator or law enforcement agency, and improving the Platform.

(h) If you become aware of any message sent through the Platform that contains content that is unlawful, threatens the safety of a child, depicts intimate imagery without consent, incites violence, or otherwise materially breaches these Terms, you should report it to us immediately at support@incomn.app. We will deal with reports of harmful content in accordance with our internal policies and applicable law, including the Online Safety Act 2021 (Cth).

(i) You must not use the messaging feature to share, request or solicit any payment, deposit, gift card or other financial transfer outside the Platform. The Business's response to a request of that nature does not bind incomn and is not protected by any service standard or refund process available through the Platform.

6.2 Pre-booking enquiries

(a) You may submit a single question to a Business before making a Booking using the "Ask a question" feature on the Business's profile. This feature is not an open conversation thread and is limited to one question and one answer.

(b) Your question and the Business's answer may be displayed publicly on the Business's profile for other consumers to view. Do not include personal information in your question that you do not wish to be publicly visible.

(c) Businesses are not obligated to respond to enquiries and incomn does not guarantee a response within any particular timeframe.

(d) By submitting a pre-booking enquiry, you consent to your enquiry, the Business's answer, the date of the enquiry and your first name or a generated display name being displayed on the Business's profile. You should not include in your enquiry any information about another person, any content that is defamatory, misleading or unlawful, or any content that infringes the rights of any third party.

(e) incomn may, at any time and without notice, remove, edit or refuse to display any pre-booking enquiry or response that we reasonably consider breaches these Terms, infringes the rights of any person or is otherwise unsuitable for public display.

(f) Where a Business answers a pre-booking enquiry, the answer is the Business's information and not a representation by incomn. Any reliance you place on a pre-booking answer (including in connection with allergens, dietary requirements, accessibility or pricing) should be confirmed with the Business at the time of Booking.

7. Payments

7.1 Stripe as payment processor

All payments made through the Platform are processed by Stripe Payments Australia Pty Ltd (ACN 160 180 343, AFSL 500105) (Stripe). By making a payment through the Platform, you agree to Stripe's terms of service, available at stripe.com/au/legal.

7.2 Direct payments to Businesses

(a) When you make a payment through the Platform, you are paying the relevant Business directly via Stripe. incomn does not hold, pool, aggregate or control customer funds at any time. The payment relationship for each Transaction is between you and the Business, facilitated by Stripe. incomn does not hold an AFSL and our role as a marketplace facilitator does not require us to hold one.

(b) You authorise Stripe to charge your nominated payment method for the full amount of each Booking, plus any applicable Platform Fee, taxes and surcharges, at the time the Booking is confirmed or at any other time disclosed to you through the Platform. Where required by the relevant Business or by us, Stripe may place a pre-authorisation hold on your nominated payment method for an estimated amount and complete the charge at or after the time of the service.

(c) You warrant that you are authorised to use the payment method you nominate, that the payment method has sufficient funds or available credit, and that all payment information you provide is true and accurate. If a payment fails, is declined or is reversed for any reason, the related Booking may be cancelled by the Business and incomn may suspend your access to paid features until the amount owing is paid in full.

(d) All payments through the Platform are in Australian Dollars. Where you elect to pay using a card denominated in another currency, your card issuer will set the exchange rate and may charge a foreign currency conversion fee, neither of which is set or controlled by incomn or by the Business.

(e) Stripe stores and processes card details using PCI-DSS compliant systems. incomn does not receive or retain full card numbers, expiry dates or security codes. Any dispute concerning the storage, security or use of your card details by Stripe is governed by Stripe's terms of service.

7.3 Platform Fee

incomn charges a flat Platform Fee per Transaction. The Platform Fee is deducted by Stripe from the payment at the time of processing. The fee schedule applicable at the date of these Terms is:

Platform Fees are non-refundable except where required by applicable law, including the Australian Consumer Law. We may change the Platform Fee schedule from time to time and will publish the current schedule within the Platform.

7.4 Group Booking payments

(a) For Group Bookings, each guest makes their own independent payment directly to the Business via Stripe. Each guest is solely responsible for their own payment. The creator of the Group Booking is not liable for payments of other guests, and other guests are not liable for the creator's payment.

(b) Funds collected from each guest are paid directly by Stripe to the Business and are not pooled with funds from any other guest. Refunds, where due, are processed individually back to the payment method used by each guest. incomn does not operate any escrow, trust account or stored value facility in connection with Group Bookings.

(c) The host of a Group Booking is not the agent of any other guest for the purpose of accepting these Terms, agreeing to the Business's cancellation policy or authorising payment. Each guest accepts those matters on their own behalf when they accept the invitation to the Group Booking.

7.5 My Shout payments

(a) The Platform includes a feature (My Shout) that allows one person to voluntarily pay for some or all members of a Group Booking in a single Transaction. When using My Shout:

(i) the paying user authorises a single direct charge to the Business via Stripe for the total amount covering the selected guests;

(ii) this is a voluntary, one-time payment made directly to the Business. It is not a stored-value facility, pooled account, or transfer of funds between users;

(iii) the paying user acknowledges that this payment is final and subject to the Business's refund policy; and

(iv) incomn is not responsible for any dispute between group members about who pays or how costs are shared.

(b) A My Shout payment is made by the paying user as a voluntary gift to the persons covered by the payment. It does not create any contract, partnership or agency between the paying user and the other persons covered, and the other persons covered have no obligation to repay or reimburse the paying user under these Terms.

(c) If the Business is required by its policy or by law to provide a refund for a portion of a My Shout payment, the refund will be made in full to the paying user's original payment method, and the paying user is responsible for distributing the refunded amount among the other persons covered as they consider appropriate.

(d) You are responsible for any tax consequence that may arise from a My Shout payment, including any consequence under fringe benefits tax, income tax or goods and services tax legislation. incomn does not provide tax advice in connection with My Shout payments.

7.6 Gift cards

(a) The Platform allows a Business to make available, and a user to purchase, gift cards that may be redeemed only with the issuing Business (each a Gift Card). A Gift Card may be redeemed only against goods or services supplied by the issuing Business. It is not redeemable with incomn, with any other Business or for cash, and is not a general-purpose or multi-merchant stored-value product.

(b) When you purchase a Gift Card, you pay the issuing Business directly through Stripe in the same way as any other Transaction (see section 7.2). incomn does not issue Gift Cards, is not the supplier of the goods or services for which a Gift Card may be redeemed, and does not hold, pool or control Gift Card funds. incomn records the balance of each Gift Card solely for the purpose of administering its redemption with the issuing Business.

(c) A Gift Card may be redeemed in full or in part. Where a Gift Card is redeemed in part, the remaining balance stays available for use with the issuing Business until the balance is exhausted or the Gift Card expires.

(d) Each Gift Card is valid for at least 3 years from the date of purchase, and no fee is charged on, or deducted from, the balance of a Gift Card after it is purchased. These requirements reflect the gift card provisions of the Australian Consumer Law, and nothing in these Terms operates to exclude, restrict or modify any right you have under those provisions.

(e) You are responsible for keeping each Gift Card, and any code or details associated with it, secure. A Gift Card should be treated as carefully as cash. To the maximum extent permitted by law, neither incomn nor the issuing Business is responsible for any Gift Card that is lost or stolen, or that is redeemed by a person who obtained it without your authorisation, and a lost or stolen Gift Card will not ordinarily be replaced or refunded. If you become aware that a Gift Card has been lost, stolen or used without your authorisation, you should notify the issuing Business and incomn as soon as possible.

(f) The issuing Business is responsible for honouring a validly purchased Gift Card and for supplying the goods or services for which it is redeemed. Any dispute about goods or services paid for using a Gift Card is a dispute with the issuing Business and is dealt with under section 5.5.

7.7 Refunds

(a) Refund eligibility for the service amount (excluding Platform Fees) is governed by the Business's cancellation and refund policy. If you believe you are entitled to a refund:

(i) you should contact the Business directly in the first instance;

(ii) if the Business agrees to a refund, it will be processed by Stripe to your original payment method; and

(iii) if you are unable to resolve a refund dispute with the Business, you may contact Stripe directly or exercise any rights available to you under applicable law, including the Australian Consumer Law.

(b) incomn will process refunds instructed by a Business via Stripe but has no independent obligation to issue a refund unless required by the Australian Consumer Law.

(c) Refunds will be made to the original payment method used for the relevant Booking. We are unable to process refunds to a different account, card or person. Where the original payment method is no longer available (for example, the card has expired or been cancelled), you should contact your financial institution about how the refund will be applied.

(d) Refunds are generally processed within five business days after the Business has instructed Stripe to issue the refund. The time taken for the refunded amount to appear on your statement is determined by your card issuer and is not within our control.

(e) Platform Fees are not refunded by incomn except where required by the Australian Consumer Law (for example, where there has been a major failure of a service supplied by the Business that has caused the relevant Booking not to be performed at all). A Business is not entitled to require a customer to absorb the cost of a Platform Fee on a refund where that absorption would itself contravene the Australian Consumer Law.

(f) Nothing in this section prevents you from exercising your rights under the Australian Consumer Law. If a service supplied by a Business does not meet a consumer guarantee that applies under the Australian Consumer Law, you may be entitled to a refund, a replacement service or compensation from that Business regardless of any cancellation or refund policy it has published.

7.8 Payment disputes and chargebacks

(a) If you initiate a payment dispute or chargeback through your financial institution, the dispute will be handled by Stripe in accordance with its dispute resolution processes. incomn may suspend your account pending the resolution of any dispute.

(b) Before initiating a chargeback, you should contact the relevant Business and, if the matter is not resolved, raise the dispute with incomn at legal@incomn.app. A chargeback should not be used as a substitute for engaging with the Business's refund process or for raising a complaint about a service that you have received.

(c) If a chargeback is initiated, you authorise incomn to disclose to Stripe and to your financial institution any information about your account, the relevant Booking and your communications with the Business that is reasonably required to respond to the chargeback. We may also provide information about the chargeback to the relevant Business so that it can respond.

(d) Where a chargeback is determined in favour of the Business or where you withdraw the chargeback, you remain liable to the Business for the disputed amount together with any chargeback fee charged by Stripe or your financial institution. incomn is entitled to recover any cost we incur in responding to a chargeback, including by deducting that cost from any refund or other amount otherwise payable to you.

(e) Repeated chargebacks that are not upheld in your favour, or that are inconsistent with the Business's policy and the Australian Consumer Law, may be treated as a breach of these Terms and may result in suspension or termination of your account.

7.9 Taxes

(a) You are responsible for any taxes, duties or charges that apply to your transactions. Businesses are responsible for determining, collecting and remitting any applicable GST on the services they provide. All prices and payments are in Australian Dollars unless otherwise stated.

(b) All prices displayed on the Platform are inclusive of GST where GST applies to the relevant supply and the relevant Business is registered for GST. Where a Business is not registered for GST, no GST is included in the price and no tax invoice in respect of GST will be issued.

(c) Platform Fees displayed on the Platform are inclusive of GST. incomn will issue a tax invoice for Platform Fees in accordance with the requirements of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(d) Tax invoices in respect of services supplied by a Business must be obtained from the Business. incomn does not issue tax invoices for services supplied by Businesses.

(e) If you are a visitor to Australia and the goods or services purchased through the Platform fall within the Tourist Refund Scheme or any other tax refund arrangement, the conditions of that scheme are administered by the Australian Border Force or the Australian Taxation Office (as applicable) and are not the responsibility of incomn.

8. Business accounts

This section applies to Businesses that register for a business account on the Platform.

8.1 Business registration

(a) To list a Business on the Platform, you must create a business account and provide accurate information about the Business, including its name, ABN, contact details and the services offered.

(b) When you register a Business, you warrant that the Business is properly constituted, that you are duly authorised to act for the Business, and that all information provided about the Business (including its legal name, trading name, ABN or ACN, registered address, business address, principal place of business, contact details and the categories of service offered) is true, current and complete. You must keep that information up to date and notify incomn promptly of any material change.

(c) We may, at any time, require a Business to provide documentary evidence of its identity, ownership structure, regulatory status and authorisations (including extracts from ASIC, the Australian Business Register, any relevant licensing authority and identity documents for beneficial owners and directors). We may suspend a business account, or limit its use of the Platform, until that evidence is provided to our reasonable satisfaction.

(d) You authorise incomn (and our verification service providers) to verify any information you provide, including by conducting checks against publicly available registers and credit reporting bodies, and you consent to those checks taking place from time to time during the term of your business account.

(e) Each business account is for a single legal entity operating from a defined location or locations. A business account must not be used for the services of more than one legal entity unless we have agreed in writing.

8.2 Stripe Connect

To receive payments through the Platform, you must set up a connected account with Stripe and agree to Stripe's Connected Account Agreement (available at stripe.com/legal/connect-account) and any other applicable Stripe terms. incomn is not responsible for your relationship with Stripe.

8.3 Your responsibilities

As a Business on the Platform, you are responsible for:

(a) the accuracy and completeness of all information you provide, including menus, pricing, availability and booking policies;

(b) honouring all confirmed Bookings made through the Platform;

(c) setting and clearly communicating your own cancellation, modification and refund policies;

(d) ensuring your use of the Platform and the services you provide comply with all applicable laws, including the Australian Consumer Law, food safety legislation and any licensing requirements applicable to your industry;

(e) the quality and safety of any services you provide;

(f) collecting and remitting any applicable GST and other taxes;

(g) managing your team members' access to the business dashboard and accepting responsibility for actions taken by your team members through the Platform;

(h) obtaining and maintaining all licences, registrations, permits, accreditations and authorisations required to lawfully operate the Business and provide its services, including (where applicable) food business notification or registration under the Food Standards Code, liquor licensing, gaming licensing, professional registration and working with children checks;

(i) holding and maintaining adequate public liability insurance, product liability insurance and (where appropriate) professional indemnity, workers compensation and motor vehicle insurance for the Business and providing evidence of such insurance on request;

(j) complying with all workplace laws applicable to the Business, including the Fair Work Act 2009 (Cth), the Work Health and Safety Act 2011 (Cth) and equivalent state and territory legislation, anti-discrimination legislation and any applicable modern award or enterprise agreement;

(k) complying with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in respect of personal information that we share with you through the Platform, and using that personal information only for the purpose of providing the relevant service or for any purpose that the customer has expressly consented to;

(l) complying with your obligations under the Australian Consumer Law in respect of services supplied to customers booked through the Platform, including with respect to consumer guarantees, misleading or deceptive conduct, pricing representations and unfair contract terms;

(m) where you are subject to the Modern Slavery Act 2018 (Cth), complying with that Act and not engaging in conduct that involves modern slavery in your operations or supply chain;

(n) ensuring that any photographs, descriptions, menus and other content you submit are accurate, not misleading, do not infringe the rights of any third party and, where they depict people, that you have the necessary consents;

(o) monitoring and responding to Bookings, messages and pre-booking enquiries received through the Platform within a reasonable time; and

(p) not engaging in any conduct, on or off the Platform, that brings or is likely to bring incomn, the Platform or other Businesses into disrepute.

8.4 Platform Fee

(a) You acknowledge that incomn charges a Platform Fee for each Transaction facilitated through the Platform (see section 7.3). This fee is deducted by Stripe from the Transaction amount before the remaining funds are transferred to your connected Stripe account.

(b) We may, by not less than 30 days' notice given through the Platform or to the email address associated with your business account, change the Platform Fee schedule. Continued use of the Platform after the change takes effect constitutes acceptance of the revised Platform Fees. If you do not agree to the revised Platform Fees, you may close your business account before the change takes effect.

(c) If a Booking is refunded in whole or in part, the Platform Fee associated with that Booking will be refunded only to the extent required by the Australian Consumer Law or as we determine in our discretion. We may deduct any Platform Fee owing to us, together with any chargeback, refund, recovery or other amount payable to us, from amounts otherwise payable to your connected Stripe account.

(d) You must not pass on the Platform Fee to a customer as a separate surcharge unless permitted by law and disclosed to the customer in a clear and prominent manner before the Booking is confirmed. Any surcharging must comply with section 55B of the Competition and Consumer Act 2010 (Cth) and any guidelines issued by the Reserve Bank of Australia.

8.5 No off-platform transactions

You must not solicit or accept payment from consumers outside the Platform for services that were initiated or booked through incomn.

8.6 Independent parties

The relationship between incomn and each Business is that of independent parties. Nothing in these Terms creates an employment, agency, partnership or joint venture relationship between incomn and any Business.

9. Following Businesses and notifications

(a) You may follow Businesses to receive push notifications, in-app alerts and, where you have provided the relevant contact details for that purpose, SMS and email alerts from them about specials, events, closures and other updates. You can unfollow a Business at any time to stop receiving its alerts.

(b) Alert content is created by Businesses. incomn does not verify the accuracy of Business alerts and is not responsible for any reliance you place on them.

(c) Alerts and notifications are delivered through your device's push notification service, by SMS or by email. We do not guarantee that any notification will be delivered, will be delivered at a particular time, or will be delivered without delay. You should not rely on push notifications, SMS or email for any time-critical purpose.

(d) We may, at our discretion, throttle the rate at which a Business may send alerts, edit alerts for clarity or compliance, refuse to publish an alert that we reasonably consider misleading or unlawful, and remove an alert at any time.

(e) The Platform also sends transactional notifications, including booking confirmations, payment receipts, security alerts and other notifications essential to the safe use of the Platform. Transactional notifications cannot be disabled.

(f) You can manage other notification categories in the Platform (Profile > Notification Preferences) and revoke push notification permission through your device settings. You can opt out of marketing SMS at any time by replying STOP, or as otherwise indicated in the message, and any opt-out request will be actioned within the period required by the Spam Act 2003 (Cth). Where push notification delivery is disabled for a category, a record of the notification is saved to your in-app inbox.

10. User Content

10.1 Ownership

(a) You retain ownership of any content you submit, post, upload or otherwise make available through the Platform (User Content), including booking notes, messages, enquiries, reviews and profile information.

(b) Ownership of User Content does not change the fact that, once made publicly available on or through the Platform, that content may be viewed, copied or saved by other users. You should not submit any User Content that you do not wish to be seen by others. We are not responsible for any consequence flowing from a third party's access to User Content that you have made publicly available.

10.2 Licence to incomn

(a) By submitting User Content you grant incomn a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to use, reproduce, modify, adapt, publish, display and distribute that User Content for the purpose of operating and improving the Platform. This licence survives termination of your account.

(b) The licence granted under this section extends to using User Content in promotional and marketing materials for the Platform, in aggregate or anonymised form for analytics and research, and to train algorithms used by incomn to operate or improve the Platform. Where reasonably practicable, we will attribute User Content used externally to your first name or display name.

(c) To the extent permitted by law, you irrevocably consent to any act or omission by incomn or a person authorised by incomn that would otherwise constitute an infringement of your moral rights (within the meaning of the Copyright Act 1968 (Cth)) in respect of the User Content, including the right of attribution, the right against false attribution and the right of integrity.

(d) Where User Content depicts another person, you warrant that you have obtained that person's consent to the use of their image or voice in the manner contemplated by these Terms. You indemnify incomn for any claim brought by a third party in connection with the use of User Content where that consent has not been obtained.

10.3 Your warranties

By submitting User Content you represent and warrant that:

(a) you own or have the necessary rights and permissions to submit the User Content;

(b) the User Content does not infringe the intellectual property rights, privacy rights or any other rights of any third party;

(c) the User Content is accurate and represents your genuine opinion (in the case of reviews);

(d) the User Content does not contain any material that is defamatory, obscene, offensive, hateful or otherwise unlawful;

(e) where the User Content is a review of a Business, you have personally experienced the services that are the subject of the review, the review is not incentivised by the Business or any third party, and you have not been offered any benefit in exchange for posting it (other than the experience of the service itself);

(f) the User Content does not contain personal information of another person without that person's consent, does not identify a child, and does not include credit card numbers, identity documents or other sensitive information; and

(g) the User Content does not contain any advertisement, solicitation, link to off-platform commerce, multi-level marketing material, malware or any code intended to interfere with the operation of the Platform.

10.4 Moderation

(a) incomn reserves the right (but has no obligation) to review, monitor, edit or remove any User Content we reasonably believe violates these Terms or applicable law, without prior notice.

(b) If you become aware of User Content that you believe is defamatory of you, infringes your intellectual property rights, depicts you without your consent or otherwise breaches these Terms or the law, you may submit a takedown request to us via the contact us feature on our website. The request should identify the User Content, your relationship to it and the grounds for the complaint. We will deal with takedown requests within a reasonable time and may consult the person who posted the User Content before taking action.

(c) A Business may request the right of reply to a review posted about it. Where we consider the request reasonable, we may display the Business's response alongside the review. The right of reply does not entitle a Business to demand the removal of a review that complies with these Terms.

(d) Where we remove or edit User Content, we may notify you and provide a brief reason. A decision to remove or retain User Content does not imply that incomn endorses, agrees with or has formed a view about the content. We are not a publisher of User Content and our review of User Content is undertaken for platform integrity purposes only.

11. Prohibited conduct

(a) You must not use the Platform to:

(i) violate any applicable law, regulation or these Terms;

(ii) make fraudulent, false or misleading Bookings;

(iii) submit fake, incentivised or misleading reviews or ratings;

(iv) harass, threaten, intimidate or abuse any user, Business or incomn staff member;

(v) impersonate any person or entity, or falsely represent your affiliation with any person or entity;

(vi) collect, harvest or store personal information about other users without their consent;

(vii) use automated tools, bots, scrapers or other means to access the Platform or extract data from it without our prior written consent;

(viii) attempt to gain unauthorised access to any part of the Platform, its servers or any connected systems;

(ix) interfere with or disrupt the integrity or performance of the Platform;

(x) transmit any viruses, malware or other harmful code;

(xi) use the Platform for any commercial purpose not contemplated by these Terms without our prior written consent;

(xii) attempt to circumvent or undermine any security feature of the Platform;

(xiii) reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the Platform, except to the extent that this restriction is prohibited by applicable law;

(xiv) use, extract or train any artificial intelligence model, machine learning system, large language model or generative system on data drawn from the Platform without our express prior written consent;

(xv) operate, or assist any other person to operate, more than one account where doing so is used to circumvent any restriction, evade detection of misconduct, manipulate ratings, manipulate availability or unfairly compete with another Business;

(xvi) solicit Businesses or consumers away from the Platform, or attempt to procure a Business or consumer to enter into a transaction outside the Platform for services that have been initiated, advertised or booked through the Platform;

(xvii) engage in any activity that involves sending unsolicited commercial electronic messages contrary to the Spam Act 2003 (Cth) or making unsolicited telemarketing calls contrary to the Do Not Call Register Act 2006 (Cth);

(xviii) post, request, offer or accept a review, rating or testimonial that is fake, paid for, incentivised, conditional on a particular outcome, or otherwise misleading;

(xix) engage in deceptive availability practices, including making Bookings that the user has no intention of honouring in order to prevent another user from booking, or co-ordinating with other users to monopolise availability;

(xx) act in a way that is calculated to harm the goodwill, brand or reputation of incomn, the Platform or a Business; or

(xxi) assist any other person to do any of the things listed in this section.

(b) We may investigate any suspected breach of this section and take any action we consider appropriate, including suspending or terminating your account, removing content and reporting conduct to law enforcement authorities.

12. Intellectual property

(a) All content, software, trade marks, trade names, logos, designs and features on the Platform (incomn IP) are owned by incomn or its licensors and are protected by copyright, trade mark and other intellectual property laws.

(b) Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform on your personal device for your personal, non-commercial use. This licence does not include any right to modify, copy, distribute, reverse engineer or create derivative works from the Platform or any incomn IP.

(c) If you provide any feedback, suggestion or idea regarding the Platform, you grant incomn an unrestricted, irrevocable, perpetual, royalty-free licence to use, modify and incorporate that feedback into the Platform or any other product or service, without any obligation to you.

(d) Nothing in these Terms transfers any intellectual property rights to you.

(e) The incomn name, the incomn logo and any related word marks and design marks are trade marks of incomn. You must not use those marks, or any confusingly similar mark, without our prior written consent. Use of any third party trade mark displayed on the Platform is subject to the terms and licences of the relevant owner.

(f) The Platform may include components made available under open source software licences. Those components are licensed to you on the terms of the relevant open source licence, and not under these Terms, to the extent of any inconsistency.

(g) If you believe that any content on the Platform infringes your copyright or other intellectual property rights, you may submit a notice to legal@incomn.app identifying the content, the rights you say are infringed, the basis for your claim, your contact details and a statement that the information in the notice is accurate. We will deal with notices within a reasonable time and may consult the person who posted the content before taking action.

(h) A person whose content has been removed in response to an infringement notice may submit a counter-notice to legal@incomn.app explaining why the content does not infringe. We may, in our discretion and after considering the materials, reinstate the content.

(i) If you submit an infringement notice or counter-notice that is materially false or misleading, you may be liable to the person whose content is affected and to incomn for the loss caused by that false or misleading statement.

13. Privacy

(a) Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference and available at incomn.app/privacy. By using the Platform, you consent to the collection, use and disclosure of your personal information as set out in our Privacy Policy.

(b) When you make a Booking, certain personal information (including your name, contact details and Booking details) may be shared with the relevant Business for the purpose of fulfilling the Booking.

(c) When you make a payment through the Platform, your payment information is collected and processed by Stripe. incomn does not store your full credit card or debit card details.

(d) incomn will hold and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. The Privacy Policy contains further information about how we collect, hold, use, disclose, store and secure personal information, including in relation to direct marketing, cookies and similar tracking technology, cross-border disclosures and data retention.

(e) If we become aware of unauthorised access to or disclosure of personal information that is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner in accordance with Part IIIC of the Privacy Act 1988 (Cth) (the Notifiable Data Breaches scheme).

(f) By using the Platform you consent to incomn sending you transactional notifications relating to your Bookings and account. You may opt out of receiving marketing communications at any time using the unsubscribe mechanism in the communication or by changing your notification preferences in the Platform. You cannot opt out of transactional notifications.

(g) Where we share information about you with a Business for the purpose of a Booking, the Business becomes responsible for that information as a separate APP entity under the Privacy Act. We are not responsible for the manner in which a Business handles that information after disclosure, but you may direct any complaint to us in the first instance and we will assist where reasonably practicable.

14. Australian Consumer Law

(a) Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. If the Australian Consumer Law or other legislation implies a guarantee, condition or warranty into these Terms that cannot be excluded, our liability for breach of that guarantee, condition or warranty is limited (to the extent permitted by law) to the re-supply of the relevant services or the payment of the cost of having the services re-supplied.

(b) The limitation in section 14(a) applies only to the extent permitted by section 64A of the Australian Consumer Law (which restricts the ability of a supplier to limit liability for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption).

(c) The unfair contract terms regime in Part 2-3 of the Australian Consumer Law applies to these Terms to the extent that they constitute a standard form consumer or small business contract within the meaning of that Part. To the extent that any provision of these Terms would, but for this section, be unfair within the meaning of that regime, that provision is to be read down to the extent necessary to avoid being unfair.

(d) You may make a complaint about a service supplied through the Platform to the Business that supplied it, to incomn or to the ACCC or the state or territory consumer affairs body in your jurisdiction. Nothing in these Terms prevents you from doing so.

15. Disclaimers

Subject to section 14, the Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, incomn makes no representation or warranty, express or implied, as to:

(a) the availability, reliability or uninterrupted operation of the Platform;

(b) the accuracy, completeness or currency of any information provided through the Platform, including Business listings, availability, pricing and reviews;

(c) the quality, safety, legality or suitability of any services provided by Businesses;

(d) the conduct of any user or Business on or off the Platform;

(e) the security of data transmitted through the Platform;

(f) the suitability of any Business's premises, equipment, food, beverage, treatment or service for any particular person, including any person with an allergy, intolerance, disability, medical condition or other special requirement;

(g) any content provided by a third party that is accessible through the Platform, including links to external websites, mapping information, payment processor pages and external reviews;

(h) the operation or behaviour of any beta or trial feature of the Platform;

(i) the timely delivery or receipt of any push notification, in-app message, email or other communication generated by the Platform;

(j) the compatibility of the Platform with any device, operating system, browser or other software; or

(k) any loss of, damage to or unauthorised access to data stored on or transmitted through the Platform.

You acknowledge that you use the Platform and engage with Businesses at your own risk.

16. Limitation of liability

(a) Subject to section 14 and to the maximum extent permitted by law, incomn (including its directors, officers, employees, agents and affiliates) is not liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, loss of data, loss of goodwill or business interruption, even if advised of the possibility of those damages.

(b) Subject to section 14, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Platform, regardless of the form of action, is limited to the total Platform Fees paid by you to incomn in the 12 months immediately preceding the event giving rise to the claim, or AUD $50.00, whichever is greater.

(c) Nothing in these Terms limits liability for:

(i) death or personal injury caused by our negligence;

(ii) fraud or fraudulent misrepresentation; or

(iii) any other liability that cannot be excluded or limited by applicable law, including under the Australian Consumer Law.

(d) For the avoidance of doubt, incomn is not liable to you for any loss of opportunity, loss of bargain, loss of anticipated savings, loss of reputation, loss of customers, loss of contracts, or any indirect, consequential or special loss, however arising, whether in contract, tort (including negligence), under statute or otherwise, even if the loss was foreseeable or we were advised of the possibility of the loss.

(e) Multiple claims arising out of the same series of related events count as a single claim for the purpose of the liability cap in this section. Any claim against incomn under these Terms must be brought within 12 months after the date on which the event giving rise to the claim first occurred, failing which the claim is barred to the extent permitted by law.

(f) Our liability to you under these Terms will be reduced to the extent that your acts or omissions, the acts or omissions of a third party, or any failure on your part to mitigate loss, contributed to or caused the relevant loss.

(g) Each provision of this section operates as a separate limitation and applies severally to any liability of incomn, its directors, officers, employees, agents and affiliates, whether in contract, tort (including negligence), under statute or otherwise.

17. Indemnity

(a) To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless incomn and its directors, officers, employees, agents and affiliates from and against all claims, demands, actions, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to:

(i) your use of the Platform in breach of these Terms;

(ii) your breach of any applicable law;

(iii) any User Content you submit through the Platform;

(iv) any dispute between you and a Business or another user;

(v) your negligent, wilful, fraudulent or unlawful act or omission in connection with your use of the Platform;

(vi) your infringement of any intellectual property right, privacy right or other right of a third party; and

(vii) any tax or duty for which you are liable in connection with your use of the Platform.

(b) This indemnity survives termination of your account and these Terms.

(c) The indemnity given by you under this section is reduced to the extent that the loss the subject of the claim was caused or contributed to by incomn or by a person for whom incomn is responsible. You must take all reasonable steps to mitigate any loss the subject of an indemnified claim.

(d) Where we wish to rely on the indemnity, we will notify you of the relevant claim within a reasonable time and allow you a reasonable opportunity to participate in or take over the conduct and settlement of the claim, provided that we may continue to participate in the defence at our own cost, and that no settlement may be entered into that imposes any obligation on us or admits any fault on our part without our prior written consent.

18. Suspension and termination

18.1 Termination by you

You may deactivate or delete your account at any time through the Platform settings (Settings > Delete account) or by contacting us at support@incomn.app. Deletion requests will be actioned within 30 days, subject to our legal obligations to retain certain data (see our Privacy Policy). Deletion anonymises your profile while retaining Booking and payment records required by law.

18.2 Termination or suspension by incomn

We may suspend or terminate your access to the Platform at any time if you breach these Terms, if we are required to do so by law, or if we reasonably believe your conduct has caused or may cause harm to another user, a Business or incomn. Where reasonably practicable, we will provide you with notice before suspending or terminating your account. We may act immediately and without notice where we reasonably consider it necessary to protect the safety of users, Businesses or incomn, or to prevent fraud or other illegal activity.

18.3 Effect of termination

(a) On termination of your account:

(i) your right to access and use the Platform ceases immediately;

(ii) any confirmed Bookings remain in effect between you and the relevant Business and you should contact the Business directly to manage them;

(iii) any outstanding payment obligations survive termination;

(iv) sections 7, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 23 and this section 18 survive termination; and

(v) we may retain your data in accordance with our Privacy Policy and applicable law.

(b) If your account is suspended or terminated, you may not create a new account without our prior written consent.

(c) On termination of your account, we will retain transaction records, communications and other data for the period required by law or our internal record retention policy. Personal information will be handled in accordance with the Privacy Policy. We may also retain anonymised data for analytical and product improvement purposes.

(d) On termination of a business account, the Business remains liable to honour all Bookings confirmed before termination. We may, where reasonably practicable, suspend new Bookings while existing Bookings are run off. The Business's connected Stripe account will continue to receive payments for those Bookings, subject to the terms of its agreement with Stripe.

(e) Suspension or termination of your account does not entitle you to any refund of Platform Fees already incurred. Where we suspend or terminate your account in circumstances where you have not breached these Terms, we will, on request, refund any Platform Fees paid in respect of Bookings that have not yet occurred and which are cancelled as a result of the suspension or termination.

19. Changes to these Terms

(a) We may amend these Terms at any time by publishing the updated Terms within the Platform and updating the "Effective" date at the top of this document.

(b) For material changes, we will use reasonable efforts to provide you with at least 30 days' notice before the changes take effect, via a notification within the Platform, an email to the address associated with your account, or a prominent notice on the Platform.

(c) A change is material if it materially reduces your rights, materially increases your obligations, materially changes the Platform Fee schedule, materially changes how your personal information is handled, or otherwise significantly alters the way you use the Platform. Minor changes, including corrections of errors, clarifications of meaning, restructuring or reformatting and updates necessary to comply with law, may be made on shorter notice.

(d) Your continued use of the Platform after the updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may delete your account.

(e) Changes to these Terms do not apply retrospectively to any Bookings confirmed before the changes take effect.

(f) Where these Terms are amended, the version applicable to a particular Booking is the version in effect at the time the Booking is confirmed. We will retain prior versions of these Terms for a reasonable period and will make them available on request.

20. Governing law and dispute resolution

20.1 Governing law

These Terms are governed by the laws of New South Wales.

20.2 Jurisdiction

Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

20.3 Dispute resolution

In the event of a dispute, you agree to contact us first at legal@incomn.app to attempt to resolve the matter informally before commencing any legal proceeding. We will endeavour to respond within 30 days.

20.4 Consumer rights preserved

Nothing in this section limits your rights under the Australian Consumer Law or any other applicable law, including your right to bring proceedings in any tribunal or court that has jurisdiction to hear your claim.

21. General

21.1 Entire agreement

These Terms (together with our Privacy Policy) constitute the entire agreement between you and incomn in relation to your use of the Platform and supersede all prior agreements, understandings and representations.

21.2 Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

21.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. A waiver of any provision is only effective if made in writing and signed by an authorised representative of incomn.

21.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity without your consent, provided that the assignment does not materially diminish your rights under these Terms.

21.5 Force majeure

incomn is not liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, power failures, internet outages or failures of third party services.

21.6 Notices

Notices from incomn to you may be given via email, push notification or notice within the Platform. Notices from you to incomn may be given by email to support@incomn.app or legal@incomn.app.

22. Contact

If you have any questions about these Terms or the Platform, please contact us:

Name: incomn Pty Ltd

ACN: 697 733 270

General enquiries: support@incomn.app

Legal enquiries: legal@incomn.app

Website: https://incomn.app

23. Definitions

In these Terms, unless the context otherwise requires:

Schedule 1 — Apple App Store Additional Terms

1. This Schedule applies to you if you download, access or use our app from the Apple App Store. It forms part of these Terms. If this Schedule is inconsistent with the rest of these Terms, this Schedule prevails to the extent of the inconsistency for users who obtained the app from the Apple App Store.

2. Nothing in this Schedule excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law. If anything in this Schedule is inconsistent with section 14, that section prevails.

3. These Terms are concluded between you and us only, and not with Apple. We, and not Apple, are solely responsible for the app and its content.

4. Your licence to use the app is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the usage rules in the Apple Media Services Terms and Conditions.

5. We are solely responsible for providing any maintenance and support for the app. Apple has no obligation to provide any maintenance or support services for the app.

6. We are responsible for any warranties for the app, whether express or implied by law, to the extent they are not effectively disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses arising from a failure to conform to a warranty are our responsibility.

7. We, and not Apple, are responsible for addressing any claim by you or a third party relating to the app or your use of it, including claims that the app fails to meet a legal or regulatory requirement, claims under consumer protection or privacy law, and product liability claims.

8. If a third party claims that the app, or your use of it, infringes their intellectual property rights, we, and not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.

9. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that the United States Government has designated as supporting terrorism, and that you are not listed on any United States Government list of prohibited or restricted parties.

10. We are the developer of the app. Our name is incomn Pty Ltd and our contact details are set out in section 22, to which you may direct any questions, complaints or claims about the app.

11. When using the app, you must comply with any applicable third party terms, such as your mobile data or wireless service agreement.

12. You and we acknowledge that Apple and its subsidiaries are third party beneficiaries of these Terms, and that, when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.