MONADELPHOUS TERMS OF USE

The Monadelphous Crowdicity Community is a web-based idea collection and collaboration tool which allows online community-based ideation collaboration, voting and market researching of new ideas and which is available on the Monadelphous Crowdicity Community website https://monadelphous.crowdicity.com.au

Your use of the Monadelphous Crowdicity Community is conditional upon you agreeing to the terms set out below (the Monadelphous Terms of Use). By clicking “I Accept” to these Monadelphous Terms of Use, you will be deemed to have accepted the Monadelphous Terms of Use. If you do not wish to accept these Monadelphous Terms of Use, you must not click “I Accept” and you may not use the Monadelphous Crowdicity Community.

In agreeing to these Monadelphous Terms of Use you agree to be bound by:

• these Monadelphous Terms of Use;
• the Crowdicity Community Terms of Use; and
• the Crowdicity Privacy Policy (http://crowdicity.com/en/privacy/) (collectively referred to as the Crowdicity Rules),

(collectively referred to as the Combined Contract).

To the extent that there is any conflict between the documents that comprise the Combined Contract, the conflict will be resolved by giving priority to the documents in the order in which they appear above (with an item higher in the list having priority over a lower item) (notwithstanding anything to the contrary specified in any of those documents).

Terminology

In this policy the expressions "we", "us" and "our" are a reference to Monadelphous and includes a reference to our directors, officers, employees, affiliates, agents, contractors or licensors.

The expressions "you" and "your" refer to the individual accessing or using the Monadelphous Crowdicity Community.

Monadelphous Crowdicity Community

The rules for registering to use the Monadelphous Crowdicity Community are set out in the Crowdicity Rules.

We reserve the right to review or approve contributions that you make to the Monadelphous Crowdicity Community and take appropriate action where we consider your contribution breaches any of the Combined Contract. You must comply with any reasonable direction we give you in relation to your contributions, including amending or updating your contributions. We may include additional information in contributions for any reason we see fit, including to comply with the law and to manage our risk.

Your obligations

You will:

(a) only use the Monadelphous Crowdicity Community in accordance with the Combined Contract;

(b) be responsible for all data charges you incur through use of the Monadelphous Crowdicity Community; and

(c) use all reasonable endeavours to prevent any unauthorised access to, or use of, the Monadelphous Crowdicity Community and in the event of any such unauthorised access or use, you will promptly notify us.

You agree that you will not:

(a) allow your registered account to be used by anyone else;

(b) use the Monadelphous Crowdicity Community to access, store, distribute or transmit any virus;

(c) copy, reproduce, translate, adapt, vary, disassemble, decompile or modify the Monadelphous Crowdicity Community;

(d) access all or any part of the Monadelphous Crowdicity Community in order to build a product or service which competes with the Monadelphous Crowdicity Community;

(e) circumvent or remove any technological protection measure, copy protection measure, security system or any use restriction device in the Monadelphous Crowdicity Community;

(f) remove, alter or add to any copyright notice or similar marking on the Monadelphous Crowdicity Community;

(g) use the Monadelphous Crowdicity Community for any illegal or unauthorised purpose or interfere or disrupt the Monadelphous Crowdicity Community or servers or networks connected to the Monadelphous Crowdicity Community, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; or

(h) use, sublicense, sell, lease, rent, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Monadelphous Crowdicity Community for or in connection with a third party, including as a service bureau, time share facility, outsourcing or otherwise.

You must ensure that any contribution you make to the Monadelphous Crowdicity Community does not:

(a) contain information that:

• is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, racially or ethnically offensive, abusive, discriminatory or menacing;
• facilitates illegal activity;
• depicts sexually explicit images;
• promotes unlawful violence, or is likely to incite violence or hatred against any person or class of person;
• is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability or any other illegal activity;
• causes damage or injury to any person or property; or
• is likely to give rise to any civil or criminal proceeding;

(b) contain personal information, unless you have the express written consent of the person concerned to use and disclose that person's personal information;

(c) breach an obligation of confidence to any person;

(d) infringe any person's rights, including intellectual property rights and moral rights;

(e) contain any virus or other harmful code, or otherwise compromise the security or integrity of any network or system; or

(f) authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.

Disclaimer

To the extent permitted by law, we do not accept any liability for or in respect of information or advice provided on the Monadelphous Crowdicity Community or incorporated into it by reference or any other site linked to the Monadelphous Crowdicity Community, and we do not accept liability for loss or damage incurred as a result of reliance placed upon the content of the Monadelphous Crowdicity Community. Use of information and data available on the Monadelphous Crowdicity Community is at your sole risk.

Intellectual property rights and moral rights

Unless otherwise provided by law or otherwise expressly agreed with you, Monadelphous owns any intellectual property rights in your contributions to the Monadelphous Crowdicity Community.

To the extent that you have moral rights in any contribution made to the Monadelphous Crowdicity Community, you give a Moral Rights Consent. A "Moral Rights Consent" means a waiver of moral rights to the extent permitted by law and an unconditional consent to any act or omission in relation to your contributions by us or our licensees.

Privacy

You must comply with the Crowdicity Privacy Policy. You understand your use of and contributions to the Monadelphous Crowdicity Community are subject to your compliance with the Crowdicity Privacy Policy. A copy of the current Crowdicity Privacy Policy can be found at: http://crowdicity.com/en/privacy/.

Third party materials

In using the Monadelphous Crowdicity Community you may have access to certain materials from third parties. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not endorse or warrant and, to the full extent permitted by law, will not have any liability or responsibility for any third party materials, or for any other materials, products, or services of third parties. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of such third parties or any other party and that we are not in any way responsible for any such use by you.

Linked websites and applications

The Monadelphous Crowdicity Community may contain links to other websites or applications. Those links are provided for convenience only and, unless expressly stated otherwise, we do not endorse, approve or otherwise accept any responsibility for the quality, currency, accuracy or completeness of the information on linked websites or applications or their privacy practices.

Security

We do not accept responsibility for loss or damage to computer systems arising in connection with use of the Monadelphous Crowdicity Community. Internet users should take their own precautions to ensure that the process which they employ for accessing the Monadelphous Crowdicity Community does not expose them to the risk of viruses, malicious computer code or other forms of interference.

Limitation of liability

Notwithstanding the Crowdicity Community Rules, our liability to you is limited in the following ways:

(a) except as required of us under the Consumer Guarantees, we provide no other warranty, guarantee or assurance, express or implied, to you in relation to the Monadelphous Crowdicity Community, and you agree and acknowledge that it is fair and reasonable for us to do so; and

(b) to the fullest extent permitted by law, we are not liable (whether in contract, tort or otherwise) for any direct, indirect or consequential loss, loss of profit revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, claims by a third party for liquidated sums or damages, or loss of production or operating time (even if you have advised us of their possibility) arising out of or in connection with the Combined Contract. Notwithstanding the foregoing, to the fullest extent permitted by law, our total liability to you, whether in contract, tort or otherwise and whether in connection with these Monadelphous Terms of Use or any other part of the Combined Contract, will in no circumstances exceed AUD$100 in the aggregate.

Trade marks and copyright

(a) " Monadelphous " and the Monadelphous logo are our trade marks, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

(b) You acknowledge that the Monadelphous Crowdicity Community, any corresponding documentation (including all copies or portions of them) and any other material on our websites are the subject of copyright. You do not acquire any right, title or interest in or to the Monadelphous Crowdicity Community, documentation or other material except as expressly provided for in these Monadelphous Terms of Use. You will not during or any time after the expiry or termination of these Monadelphous Terms of Use permit any act which infringes that copyright and you specifically acknowledge that you may not copy, modify, duplicate, frame, mirror, republish, download, display, transmit, rent, lease, loan, sell, distribute the Monadelphous Crowdicity Community, documentation or other material, or create derivative works based on the Monadelphous Crowdicity Community, documentation or other material, except as otherwise expressly authorised or acknowledged by these Monadelphous Terms of Use.

(c) You indemnify us fully against all liabilities, costs and expenses which we may incur to a third party as a result of your breach of the copyright provisions of these Monadelphous Terms of Use.

(d) In the instance of a suspected, threatened or actual breach of intellectual property laws, notwithstanding any other provision of any of the Combined Contract, we reserve the right to change, suspend, remove or disable your access to the Monadelphous Crowdicity Community at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use of or access to certain features of the Monadelphous Crowdicity Community, in any case and without notice or liability.

Termination

Access to the Monadelphous Crowdicity Community is permitted on a temporary basis, and we reserve the right to withdraw, amend, suspend or terminate access to the Monadelphous Crowdicity Community without notice at any time and for any reason.

Any withdrawal, amendment, suspension or termination will not affect any rights or remedies which we may have otherwise under these Monadelphous Terms of Use or at law.

Without limiting any other indemnity, you provide under any of the Combined Contract, you indemnify us against any claims arising out of your breach of any of the Combined Contract.

Assignment

The benefit of any of the Combined Contract will not be dealt with in any way by you (whether by assignment, sub-licensing, novation or otherwise) without our written consent.

Entire agreement

If any provision of these Monadelphous Terms of Use is held unenforceable or illegal for any reason, the Monadelphous Terms of Use will remain otherwise in full force apart from the provision which will be deemed deleted.

Waiver

Failure or neglect by either party to enforce at any time any of the provisions of the Monadelphous Terms of Use will not be construed or deemed to be a waiver of that party's rights under the Monadelphous Terms of Use.

Governing law

The Monadelphous Terms of Use will be governed by and construed according to the law of Western Australia, Australia and the parties submit to the jurisdiction of the courts of Western Area, Australia.

Updated terms

We reserve the right to change the Monadelphous Terms of Use (Updated Terms) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the MONADELPHOUS CROWDICITY COMMUNITY website https://monadelphous.crowdicity.com.au/, and that your use of the Monadelphous Crowdicity Community after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will

be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Monadelphous Crowdicity Community from that point forward.

Notices

We may notify you with respect to the Monadelphous Crowdicity Community by sending an email message to your email address or by a posting on the Monadelphous Crowdicity Community. Notices shall become effective immediately.

If you wish to contact us, please do so using the following contact details:

Name: Group Manager - Productivity & Innovation Address: 59 Albany Hwy, Victoria Park, 6110 T: 08 9316 1255 E: monadel@monadel.com.au

These Monadelphous Terms of Use are current at May 22, 2019.