Terms & Conditions - The Honey Club

HONEY CLUB TERMS FOR AUSTRALIAN RESIDENTS

Last Updated: 11/4/2025

PLEASE READ THE FOLLOWING TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH THE HONEY CLUB REWARDS PROGRAM (THE “PROGRAM”).

THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION AND ARBITRATION AGREEMENT THAT AFFECT YOUR LEGAL RIGHTS. THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN A COURT PROCEEDING. PLEASE REVIEW THOSE SECTIONS CAREFULLY.

BY PARTICIPATING IN THE PROGRAM YOU AGREE TO ACCEPT THESE PROGRAM TERMS AND CONDITIONS (THE “TERMS”) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND OUR PRIVACY POLICY (found here: https://www.honeybirdette.com/pages/privacy-policy), OUR TERMS & CONDITIONS (found here: https://www.honeybirdette.com/pages/terms-conditions), AND ANY OTHER APPLICABLE TERMS AND AGREEMENTS THAT YOU ACCEPT RELATED TO YOUR USE OF OUR WEBSITES AND SERVICES, ALL OF WHICH ARE EXPRESSLY INCORPORATED BY REFERENCE.

BY PARTICIPATING IN THE PROGRAM YOU AGREE TO RECEIVE MARKETING EMAILS ABOUT THE PROGRAM AND HONEY BIRDETTE. YOU CAN UNSUBSCRIBE TO THESE EMAILS AT ANY TIME AND MAY OPT-OUT OF THE EMAIL LIST BY FOLLOWING THE INSTRUCTIONS LOCATED AT THE BOTTOM OF EACH MARKETING EMAIL. IF YOU OPT-OUT OF THE HB EMAIL LISTS, WE MAY STILL SEND YOU OPERATIONAL OR TRANSACTIONAL MESSAGES, SUCH AS PASSWORD-RESET OR ACCOUNT RELATED INFORMATION.

1. General Information; Definitions; Changes

The Program is a rewards program offered and serviced by, and at the sole discretion of, Honey Birdette (Aust.) Pty Ltd (referred to as “HB,” “we,” “our,” “ours,” and “us”). The Program is made available only in Australia and New Zealand. Each individual participating in this Program (also referred to as “you,” “your,” or “Participant”) agrees to be bound by these Terms. Corporations, groups, and associations are not eligible to participate in the Program. These Terms supersede all previous terms and conditions applicable to the Program or any past iteration thereof. These Terms may be supplemented with additional terms and conditions that you accept, and additional disclosures, including but not limited to applicable terms related to any promotional offers provided to you for use with the Program.

These Terms contain the entire understanding between you and us regarding the Program. HB RESERVES THE RIGHT TO CHANGE THE PROGRAM AND THESE TERMS AT ANY TIME AND FOR ANY REASON AND WILL USE COMMERCIALLY REASONABLE EFFORTS TO GIVE AT LEAST 30 DAYS’ PRIOR NOTICE. Accordingly, we have the right to modify, add or delete all or any portion of the Terms, benefits, Rewards or Honey Club Spend (each as defined below), at any time in our sole discretion, even if such changes affect the value or Honey Club Spend you have already accumulated in your Program Account, the value of the Rewards and/or the time period for redemption, subject to applicable law.

If you do not agree to the change, you must contact us at www.honeybirdette.com/pages/contact-us within 30 days of receiving notice of the change. If you do so, the previous Terms will continue to apply to you until the end of your then-current Program Term. At the start of your next Program Term, you must either accept the new Terms (by continuing to participate in the Program) or cease participating in the Program.

Otherwise, by continuing to participate in the Program, you hereby accept any changes to the Program or Terms.

We may terminate the Program at any time with not less than 30 days’ notice to you, in which case termination will take effect for you at the end of such notice period, and all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination.

All information collected in connection with the Program is handled as described in HB’s privacy policy, which can be accessed here: https://www.honeybirdette.com/pages/privacy-policy. Purchases made on honeybirdette.com (the “HB Site”) are subject to website Terms and Conditions found at https://www.honeybirdette.com/pages/terms-conditions. In the event that any website Terms and Conditions conflict with these Terms, these Terms control in any matter relating to the Program.

2. Membership and Eligibility

General Program Participation: No purchase is necessary to obtain membership or enroll in the Program. In order to be eligible to participate in the Program, you must be a resident of Australia or New Zealand, and you must be at least 18 years of age. Further, you must provide us with certain personal information (e.g., name and valid email address). Participants can enroll in the Program at checkout in any of our participating store locations, online, or at special sign-up events (such participants, are referred to as “Participants”). Limit one Participant per email address. Once enrolled, Participants enter the Program at the Gold Tier and will be entitled to the Rewards of Gold Tier status as set forth in Section 4 below.

Registration: As part of the registration process, you must create a Program account (your “Program Account”) and select a Participant ID and a password. You agree to maintain the confidentiality of your Participant ID and password, and to log out at the end of each session. You are responsible for all activities on your account that occur because you failed to maintain the security of your password or Participant ID. HB will not be liable for any loss or damage arising from your failure to comply with these Terms. If you notify us that you have lost access to your Program Account, we may terminate your Program Account as proscribed in these Terms. The date on which you register for the Program is referred to herein as your “Anniversary Date.”

Membership Cancellation: Participants may cancel their Program Account at any time by contacting us at www.honeybirdette.com/pages/contact-us. Upon cancellation, any unused Rewards in your Program Account will be forfeited and cannot be redeemed. If you subsequently sign up to become a Participant again, we will not reinstate any previously forfeited, unused or Rewards.

3. Earning Honey Club Spend

The Program is tier-based and determined by the amount a Participant has spent on qualifying purchases of goods for personal, family, or household purposes that are tied to the Participant’s Program Account and made online at honeybirdette.com or in-store at a Honey Birdette retail store located within Australia and New Zealand. (“Qualifying Purchases”). The net amount spent (including using gift cards as tender on purchases) on Qualifying Purchases will be posted to your Program Account (“Honey Club Spend”). except that the following will not be counted towards your Qualifying Purchases or Honey Club Spend: taxes; product discounts; shipping fees; returns, refunds or credit adjustments; purchases of gift cards or e-gift cards; and purchases outside of HB, including purchases made through third-party affiliates. For example, if the net amount spent on a Qualifying Purchase is AU$54.25, then the Honey Club Spend posted to your Program Account for such purchase will be 54.25.

There are four (4) Program tiers with associated benefits, Gold, Diamond, Platinum, and VIP tiers (each a “Tier), which are based on your Qualifying Purchases during each successive 12-month period from your Anniversary Date (a “Program Year”). When you join, you will automatically be placed in Gold Tier and will be eligible for the benefits Program members receive at that Tier. Each Tier entitles the Participant to certain benefits and rewards, as described in Section 4 (collectively, “Rewards”).

Honey Club Spend of AU$500 or more in a Program Year is required to advance to the Diamond Tier and qualify for Diamond Tier benefits. Honey Club Spend of AU$3,000 or more in a Program Year is required to advance to the Platinum Tier and qualify for Platinum Tier benefits. The VIP Tier is by invitation only, which will be sent at HB’s discretion. Participants will be notified by email if they have been selected.

Each year on the anniversary of your Anniversary Date, your Honey Club Spend balance resets to zero. Although your Honey Club Spend resets at the beginning of each Program Year, your Tier status is determined by the amount you spent on Qualifying Purchases in the prior Program Year of membership. Your status in a particular Tier is good for the Program Year in which you qualify for that Tier and the following full Program Year. After that, you will need to spend enough on Qualifying Purchases to requalify for that Tier each Program Year. For example, if you reach the Diamond Tier, during your first Program Year, you will maintain Diamond status during your second Program Year. But, if you spend less than AU$500 on Qualifying Purchases during your second Program Year, you will drop back down to Gold Tier status at the beginning of your third Program Year. For the Program Year in which you enroll in the Program, Tiers are based on your Program Year spend on Qualifying Purchases during the 12-month period from your Anniversary Date. For example, if you enrolled in the Program on November 15, 2025, your Tier for your next Program Year will be based on your spend on Qualifying Products between November 15, 2025 and November 14, 2026.

Upon registration, each Participant will be allocated a home region base in order to calculate the Participant’s spend and Tier progress based on their home region currency (i.e., AUD, EURO, USD, POUND). Tier progress is calculated from Qualifying Purchases posted to the Participant’s home region Program Account. If a Participant shops in a currency different from their home region currency, the transaction value will be converted to the Participant’s home currency using the applicable exchange rate determined at time of order shipment (for online orders) or close of business on the day of purchase (for in-store purchases), and then counted toward Tier progress.

Please note: In order for in-store purchases to be counted towards your Honey Club Spend, you must identify yourself as a Participant by providing your loyalty Participant ID associated with your Program Account at checkout. When making purchases online, Participants must sign into their Program Account prior to making any Qualifying Purchase in order for such purchase to be added to your Honey Club Spend. Honey Club Spend will not be rewarded for past purchases if you do not log into your Program Account or identify your Participant ID at the time of purchase. However, Honey Club Spend for purchases made within forty-five (45) days of the official launch of the Program that are able to be verified by the HB customer service team with a valid receipt/order number, will be awarded to your Program Account.

Returned items may result in credits being applied to your Program Account based on the amount paid for the returned items, which will reduce your Honey Club Spend balance and/or loss of a previously achieved Tier. We reserve the right to verify and adjust Honey Club Spend at any time to make it accurate. There is no maximum amount of Honey Club Spend that may be accumulated per billing cycle or year.

From time to time, we may make special offers for you to earn additional Rewards on specific purchases (“Bonus Rewards Promotions”). The terms and conditions for any such Bonus Reward Promotions (such as qualifying purchases and the number of additional Rewards you may earn) will be disclosed at the time of offer. Please read the terms and conditions applicable to any such Bonus Reward Promotion carefully, as there may be important conditions or limitations (such as blackout periods, limitations or exclusions). For email only benefit offer(s), you must provide and maintain a valid email address to receive offer(s). Availability of any Bonus Reward Promotion is subject to change without notice. Separate Bonus Reward Promotions cannot be combined at any time and do not apply retroactively to previous purchases. Bonus Rewards may take up to 6 weeks to be posted to your Program Account.

The Honey Club Spend you accumulate is considered a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right solely for use towards the progression of Tiers in the Program. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Honey Club Spend, which remain HB property at all times. Honey Club Spend has no "real world" or cash value and is not redeemable for cash, nor is it transferable or assignable for any reason or otherwise by operation of law. Honey Club Spend has no purpose or use except in exchange for benefits (if any) offered via the Program. Accordingly, Honey Club Spend may not be sold, purchased, brokered, bartered, transferred or altered in any way by you. Any brokered, bartered, altered, sold, or purchased Honey Club Spend shall be void and may be deducted from your Honey Club Spend balance. If you engage in a transaction in breach of these terms, then you are liable to pay us the applicable full retail price of any Rewards obtained with them, and for any other loss or damage we suffer.

4. Tier Status Rewards

Tier status can be reached by meeting the stated spend amount for each Tier within a Program Year, as set forth in the table below, except for the VIP Tier, which is by invitation only at HB’s discretion. Program Accounts will be evaluated for upgrades daily. Once the spend threshold is met, the upgrade will occur, and the new Tier status will be reflected on your Program Account. Upgrades are based on Qualifying Purchases at Honey Birdette stores in Australia and New Zealand and on honeybirdette.com within a Program Year. However, spend towards Tier evaluation will exclude taxes; product discounts; shipping and handling fees; returns, refunds or credit adjustments; purchases of gift cards or e-gift cards; and purchases made outside of HB, including purchases made through third-party affiliates.

Below is a description of how to qualify for, and a complete list of, Rewards* associated with each Tier:

	Gold (AU$0-AU$499.99)	Diamond (AU$500-AU$2,999.99)	Platinum (AU$3,000+)	VIP
How to qualify	No minimum spend	Spend AU$500 in Qualifying Purchases in a Program Year	Spend AU$3,000+ Qualifying Purchases in a Program Year	By invitation only
Birthday Gift	AU$25 Voucher with minimum spend of AU$150 in Qualifying Purchases	AU$25 Voucher + gift with purchase (GWP) with minimum spend of AU$150 in Qualifying Purchases	AU$25 Voucher + GWP with minimum spend of AU$150 in Qualifying Purchases	AU$25 Voucher + GWP with minimum spend of AU$150 in Qualifying Purchases
Free Shipping (domestic only and for online purchases only)	Purchases over AU$200	Free Standard Shipping, no minimum spend	Free Express Shipping, no minimum spend	Free Express Shipping, no minimum spend
Quarterly Gift With Purchase	N/A	Yes, with minimum spend of AU$150 in Qualifying Purchases	Yes, with minimum spend of AU$150 in Qualifying Purchases	Yes, with minimum spend of AU$150 in Qualifying Purchases
Online Pre-Order (selected at HB’s discretion)	N/A	N/A	24 hours	24 hours
Exclusive Store Access (dates determined at HB’s discretion)	N/A	N/A	Free Closed Door	Free Closed Door
Exclusive HB Event Invites (events selected at HB’s discretion)	N/A	N/A	N/A	Yes
Early Sale Access (time period and products selected at HB’s discretion)	Yes	Yes	Yes	Yes

*You must provide and maintain a valid email address to receive email-only Reward offer(s). All Reward offer(s) will be emailed to the email address associated with Participant’s Program Account. You should review the specific offer for full details and exclusions applicable to such offer.

5. Rewards Details:

New Program Participant Gift with Purchase: New members who sign up for the Program will receive a gift with purchase while supplies last. Eligible Participants will receive one (1) complimentary Flogger Keyring with any purchase made on the HB Site or in-store. No minimum spend required. Limited quantities available; offer valid only while stocks last. One (1) gift per Participant. HB reserves the right to modify or withdraw this offer at any time without prior notice.

Welcome Reward: New members who sign up for the Program will receive $30 off at checkout. Offer valid for a Participant’s first purchase online or in-store on orders over AU$150. Full price product only. Cannot be used in conjunction with any other offer or discount. Voucher expires in thirty (30) days after issue. Limit one (1) per Participant. HB reserves the right to modify or withdraw this offer at any time without prior notice.

Birthday Reward

GOLD TIER: (AU$25 Voucher) Offer available to Participants in the Gold Tier. Offer valid online and in-store on a single order over AU$150. Full price product only. Cannot be used in conjunction with any other offer or discount. Expires thirty (30) days after issue. Limit one (1) per customer, per Program Year. HB reserves the right to modify or withdraw this offer at any time without prior notice.

DIAMOND, PLATINUM AND VIP TIERS: (AU$25 Voucher + Gift With Purchase) Offer available to Participants who have reached the Diamond, Platinum or VIP Tier. Offer valid online and in-store on a single order over AU$150. Full price product only. Cannot be used in conjunction with any other offer or discount. Voucher expires thirty (30) days after issue. Limit one (1) per customer, per Program Year. HB reserves the right to modify or withdraw this offer at any time without prior notice.

Please note that birthday Rewards cannot be earned until your Program Account has been open for at least thirty (30) days. If a new Participant’s birthday falls during the 30-day waiting period, they will not receive a Birthday Reward for that Program Year. Participants who have existing Program Accounts, or new Participants whose birthday falls outside the 30-day waiting period will receive their Birthday Reward.

Quarterly Gift with Purchase: Offer available exclusively to Participants who have reached the Diamond, Platinum, or VIP Tier. Eligible Participants who meet the minimum spend of AU$150 of Qualifying Purchases in a single transaction will receive one (1) complimentary gift with purchase. Gift may vary each promotional period. Limited quantities available; offer valid only while stocks last. One (1) gift per Participant per promotional period. HB reserves the right to modify or withdraw this offer at any time without prior notice.

6. Additional Rewards Terms

Rewards are subject to change without notice (subject to notification requirements). Voucher Rewards are redeemable only for the specified dollar amount off Qualifying Purchases, as indicated on your Reward, at Honey Birdette stores in Australia and online at www.honeybirdette.com. Where Rewards require a minimum spend as indicated above, such minimum spend on Qualifying Purchases must be made in a single transaction.

Rewards (e.g., birthday gifts) will be emailed to the email associated with your Program Account within six (6) weeks after you achieve the conditions for the Reward.

Rewards expire thirty (30) days from the date they are issued. Please review the expiration date on your Reward.

Each Reward may only be applied toward and used for a single Qualifying Purchase transaction. We may limit the number of Rewards that can be redeemed on a single transaction. Rewards have no cash value and cannot be credited to a Program Account, redeemed for cash, applied to a previous purchase or used for purchasing gift cards or e-gift cards. Selling or bartering Rewards is prohibited. Subject to your rights under applicable consumer laws including the Australian Consumer Law, the value of Rewards will not be refunded on a merchandise return in stores, or on a return, exchange or cancellation online. We are not responsible for lost or stolen Rewards. Any additional exclusions or limitations for use of Rewards will be provided to you upon receipt of the Reward.

To the extent permitted by applicable law, we may cancel any earned or outstanding Rewards if we become insolvent, unable to pay our debts when due, file an action under Australian insolvency law or have such an action filed against us.

Your Honey Club Spend expires at the end of the current Program Year. Once Honey Club Spend expires, it will no longer apply toward Reward generation or Tier determination. You will also forfeit your unused and unexpired Honey Club Spend if you attempt to violate the prohibitions on the transfer of Honey Club Spend, selling or attempting to sell Honey Club Spend.

7. Communications, Program Activity, and Customer Service

We may communicate with you regarding matters related to the Program, such as matters concerning your Program Account and special offers, by mail, telephone, or electronic communication. We are not responsible for communications, including Rewards, lost due to your change of address or other contact information. Even if you opt-out of marketing materials from HB, if your Program Account is still active, you will continue to receive operational/transactional emails related to the Program unless your Program Account is cancelled.

You can view your Program activity online at https://my.honeybirdette.com/. For any questions regarding the Program, you can contact us by going to: https://honeybirdette.com/pages/contact-us.

8. Honey Club Spend Disputes

If Honey Club Spend you believe was earned have not been timely posted to your Honey Club Spend balance, you may dispute your Honey Club Spend balance ("Spend Dispute") by contacting us at https://honeybirdette.com/pages/contact-us. We will use reasonable efforts to investigate your Spend Dispute if you notify us within 60 days of the applicable purchase date. If you do not notify us within that period, you waive your right to make a Spend Dispute with respect to that purchase. We may require you to provide written confirmation of the Spend Dispute and the applicable purchase receipt and may decline to investigate further if you do not provide the requested confirmation or a valid receipt. Upon completion of the investigation, we will have no further responsibilities if you later reassert the same Spend Dispute. Your sole and exclusive remedy, and our maximum liability to you, in the event you prevail in a Spend Dispute, is for us to credit the disputed Honey Club Spend to your Honey Club Spend balance.

9. LIMITATIONS OF LIABILITY AND DAMAGES

Our goods and services come with statutory guarantees pursuant to Australian law that cannot be excluded. Nothing in this Section 9 or these Terms and Conditions affects any rights you may have or remedies to which you may be entitled under applicable consumer laws, including the Australian Consumer Law.

Solely for purposes of this Section 9, “HB” includes its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, directors, employees and agents.

SUBJECT TO YOUR RIGHTS UNDER APPLICABLE CONSUMER LAWS AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE PROGRAM AND ALL PRODUCTS AND SERVICES PURCHASED THROUGH OR OTHERWISE PROVIDED BY HB ARE PROVIDED ON AN “AS IS” BASIS. HB DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. HB DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.

YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT LOSS OR DAMAGE (WHETHER CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE) . EXCEPT FOR LIABILITY FOR GROSS NEGLIGENCE, FRAUD, CRIMINAL CONDUCT OR WILFUL MISCONDUCT, HB’S LIABILITY TO YOU IN CONNECTION WITH THESE TERMS UNDER ANY CAUSE OF ACTION (INCLUDING NEGLIGENCE) IS LIMITED TO AU$500.00.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HB FROM AND AGAINST ANY AND LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF A THIRD PARTY CLAIM AGAINST HB CAUSED BY YOUR BREACH OF ANY OF THESE TERMS. THIS INDEMNIFY IS REDUCED TO THE EXTENT HB CAUSED OR CONTRIBUTED TO THE CLAIM. HB WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MITIGATE ANY LOSS CLAIMED UNDER THIS INDEMNITY.

To the fullest extent permitted by applicable law, the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if HB was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or termination of the Program).

Notwithstanding the foregoing, to the fullest extent permitted by applicable law, any liability that HB may have to you in connection with the Program shall be limited to the amount of any Rewards you have earned in accordance with these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER PARTY, THEN YOU OR WE MUST COMMENCE SUCH DISPUTE (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 14(A)) WITHIN TWO (2) YEARS AFTER THE DISPUTE ARISES OR SUCH DISPUTE WILL BE FOREVER BARRED. Notwithstanding anything to the contrary herein, this contractual limitations period shall not apply with respect to Disputes arising out of or in connection with the actual or alleged intellectual property rights of HB.

10. Not Transferable

The Honey Club Spend balance is not your property and is not transferable to anyone by operation of law or otherwise. Honey Club Spend may not be transferred between Program Accounts issued by us, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Honey Club Spend, either wholly or partially, shall be liable for payment of the applicable full retail price of any Rewards obtained with them, as well as for any other loss or damage we suffer. Any brokered, bartered, altered, sold, or purchased Honey Club Spend shall be void and may be deducted from your Honey Club Spend balance. Any violation of these provisions may result in termination of your eligibility to participate in the Program and forfeiture of any unredeemed Rewards.

11. Taxes

You are solely responsible for any applicable taxes arising out of or related to your participation in the Program. Consult your tax advisor concerning such tax consequences.

12. Governing Law

The Program is not available where and to the extent prohibited by law. Except as otherwise provided herein, if any part of these Terms conflict with applicable law or are otherwise invalid, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. Subject to the time period in which any dispute must be commenced, we will not lose our rights under these Terms because we choose to delay or not enforce them. The Program and these Terms, and any Disputes that are not subject to the arbitration procedure outlined in Section 14, are governed by Australian law and, to the extent state law applies, the laws of New South Wales, without regard to its conflicts of law provisions.

13. General Provisions

A. Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of our website’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any additional terms (e.g., the HB Site Terms & Conditions); (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) take action in relation to any breach of these Terms; (vi) except as may be expressly set forth in any additional terms, suspend or terminate your access to the Program, in whole or in part, by notice to you where reasonable in the circumstances; and/or (vii) discontinue the Program in whole or in part. Any suspension or termination will not affect your obligations to us under these Terms or any additional terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any additional terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and any additional terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and dispute resolution (including no class action, and mandatory arbitration).

B. Assignment. We may assign our rights and obligations under these Terms and any additional terms, in whole or in part, to any party provided we are satisfied that that the party to whom we assign can discharge our obligations. These Terms and any additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of HB.

C. Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.

14. DISPUTE RESOLUTION

Please read this section carefully – it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and jury trial and class action waiver.

In the unlikely event that we have a dispute that cannot be resolved through customer service, you and we agree to these provisions. You and we may each be referred to herein as a “party” and collectively as the “parties.”

A. Mandatory Informal Dispute Resolution Process

If any controversy, allegation, or claim arises out of or relates to the Program or these Terms or any aspect of your relationship with us in the context of the Program (excluding any Spend Disputes, which are addressed in Section 8; a “Dispute”), whether arising now or in the future, then you and we agree to make a good faith effort to resolve the Dispute informally prior to initiating a formal arbitration proceeding. Dispute shall be interpreted broadly.

If you or we intend to initiate an arbitration proceeding, you or we must first send a written notice to the other providing a detailed description of the Dispute; your name and contact information (address, telephone number, and email address) or our contract information; sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims, and (2) the nature and basis of the relief sought, with a detailed calculation for it. If requested by a party in connection with a notice initiated by the other party, the parties must personally appear at and participate in an individualized telephone settlement conference to discuss the Dispute in a good faith effort to resolve it.

Your notice to us must be sent via email to: honey@honeybirdette.com. Our notice to you will be sent to you based on the most recent contact information that you have provided to us. For a period of sixty (60) days from the date of receipt of a fully completed notice from the other party, we and you will engage in a good faith dialogue in order to attempt to resolve the Dispute. If the Dispute is not resolved within sixty (60) days after receipt of the fully completed notice (which period can be extended by agreement of the parties), you or we must commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is a condition precedent to initiating arbitration.

The sole exceptions to the requirement to arbitrate are that: (1) either party may elect to have individual claims heard in any small claims court (including a court in the jurisdiction in which you are located) if those claims qualify for the small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction; and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any applicable statute of limitations shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

B. Binding Arbitration.

If we cannot resolve a Dispute as set forth in Section 14(A) within sixty (60) days of receipt of the fully completed notice, then ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES IN THE CONTEXT OF THE PROGRAM SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN AUSTRALIA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY TO THE FULLEST EXTENT PERMITTED BY LAW. It is further agreed that any Dispute over the scope of this arbitration provision and any Dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms shall be conducted under the Rules for Domestic Arbitration prevailing with the Australian Disputes Centre. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

C. Injunctive Relief.

The foregoing provisions of this Section 14 will not apply to any legal action taken by HB to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Program, its services, user content, and/or HB’s intellectual property rights (including such HB claim that may be in dispute), HB’s operations, and/or HB’s products or services.