The definitions set out in this Section 1 shall apply to, and be deemed incorporated into, all other policies, guidelines, or supplemental terms issued by Us in connection with "Flier" and/or the Application, including without limitation the Privacy Policy, Cookie Policy and any other Related Policy, unless expressly stated otherwise. All such policies and supplemental terms are available within the Application and at www.flierfantasy.com. In these General Terms & Conditions (the "General Terms"), the following capitalized terms shall have the meanings set out below:

1.1 "Account" means the account You open and maintain in order to access and use the Game. You must be at least 18 years of age to open an Account.

1.2 "Application" means the software application known as "Flier" which provides access to a variety of games and related features.

1.3 "Digital Asset" means Cards, Packs, Tickets, any In-Game Currency or any such other digital asset acquired within the Game

1.4 "European Soccer" means any European league, game, in any European Country or Europe wide competition

1.5 "Game" means the online fantasy contest platform (referred to herein by its current title, "Flier"), covering Australian Football League (AFL), National Rugby League (NRL), Indian Premier League (IPL) cricket, English Premier League (EPL) soccer and European Soccer, and such other sports, leagues, competitions, or gaming formats as We may offer from time to time, including all related contests, features, virtual items (such as Cards, Packs, Coins and Tickets), events, interfaces and functionalities that may be made available via any web-based or mobile application operated by Us. We intend to operate the Game as a game of skill. Users are responsible for ensuring their participation complies with all applicable laws in their jurisdiction.

1.6 "General Terms" means these General Terms & Conditions, as amended from time to time in accordance with clause 4.3.

1.7 "Indemnified Parties" means EWINGS LLC and its officers, directors, employees, agents, contractors, and affiliates, to the extent permitted by law and subject to any limitations imposed by the Australian Consumer Law and other applicable consumer protection legislation.

1.8 "In-Game Currency" means any virtual currency, including coins, or similar digital units that may be obtained, earned, or purchased within the Application and that can be used solely for accessing or redeeming virtual goods, content, or services within the Application. In-Game Currency has no monetary value, is not legal tender, and may not be exchanged for real-world currency or used outside of the Application.

1.9 "In-Game Data" means any data, statistics, records, or other information generated, stored, or displayed within the Application in connection with a User's gameplay, including but not limited to progress, scores, achievements, rankings, preferences, interactions, and usage history. In-Game Data is maintained solely for the purpose of providing and improving the Application. To the extent In-Game Data constitutes personal information as defined under the Privacy Act 1988 (Cth), it will be handled in accordance with Our Privacy Policy.

1.10 "In-Game Notifications" means any messages, alerts, updates, or other communications delivered within the Application's interface, including but not limited to notifications regarding gameplay, rewards, promotions, account activity, updates to the Application, or updates to any policy. In-Game Notifications shall constitute valid and sufficient notice to the user of the matters contained therein and shall be deemed received by the user once made available within the Application.

1.11 "Privacy Policy" means the Flier privacy policy, as published and updated by us from time to time.

1.12 "Related Policy" means any policy, guideline, or supplemental terms issued by Us in connection with "Flier " and/or the Application, including without limitation the Privacy Policy, and any other policy referenced in or published alongside the General Terms.

1.13 "Referrals" means the feature within the Application that allows a User to invite other individuals to register for and use the Application in exchange for In-Game Currency, as determined by Us and displayed within the Application from time to time.

1.14"Support Channels" means the official communication channels designated by the Company for customer support in relation to the Application, which currently include the email address support@flier.com or such other channels as may be notified via the Application or Our website from time to time. Under the Australian Consumer Law, You have the right to contact Us regarding consumer guarantee rights and remedies through these Support Channels.

1.15 "Terms" means these General Terms & Conditions together with any documents expressly incorporated by reference.

1.16 "User Content" means any content, data, information, text, images, audio, video, feedback or other materials that You upload, post or otherwise make available through the Game.

1.17 "We", "Us", "Company", and "Our" means EWINGS LLC, a limited liability company registered in the United Arab Emirates, with its principal office located at 24th Floor, Ubora Tower, Business Bay, Dubai, United Arab Emirates (CR number CN-2984050).

1.18 "You" and "Your" means you, the individual who registers for and uses the Game.

2.1 We may deploy updates, upgrades or patches to the Game ("Updates") at any time to improve functionality, address security vulnerabilities, or correct errors. Where reasonably practicable, We will provide advance notice of Updates that materially affect the functionality of the Game. Updates will be deemed effective as soon as they are published via the Game or its distribution platforms. Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. If We fail to comply with a consumer guarantee under the Australian Consumer Law, You may be entitled to a remedy including repair, replacement, refund, or compensation for loss or damage.

2.2 You agree that, from time to time, We may need to suspend or restrict access to the Game (or parts thereof) for maintenance, Updates, or emergency fixes. We will use commercially reasonable endeavours to give advance notice of any planned downtime via email to Your registered email address and via notification in the Game. We will endeavour to minimize disruption and schedule maintenance during off-peak hours where reasonably practicable. While We cannot guarantee uninterrupted access, nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement. If We fail to provide the services with due care and skill, fail to provide services that are fit for any disclosed purpose, or otherwise breach a consumer guarantee.

2.3 If We introduce a new feature or materially modify an existing feature, We will take reasonable steps to notify You via the Game or email. Continued use of the Game following publication of an Update constitutes acceptance of such Update, provided that such acceptance does not affect Your rights under the Australian Consumer Law or other applicable consumer protection legislation.

2.4 You are responsible for installing all Updates as they become available where You have the technical capability to do so. We are not liable for any loss or inability to access or use the Game caused by Your failure to install Updates .

EWINGS LLC ("We", "Us", or "Our") is a limited liability company registered in the United Arab Emirates with its principal office at 24th Floor, Ubora Tower, Business Bay, Dubai, United Arab Emirates (CR number CN-2984050). EWINGS LLC operates the Flier Application in Australia and is subject to Australian consumer protection laws. These terms and conditions constitute a legally binding agreement between You and EWINGS LLC.

Please note that nothing in these Terms excludes or limits Our liability for matters that cannot be excluded or limited under the Australian Consumer Law, including liability for misleading or deceptive conduct, failure to comply with consumer guarantees, or any other liability that cannot lawfully be excluded or limited.

4.2 It is important that You read these General Terms fully as when You open an Account with Us and access the Game You confirm that You agree to be bound by these General Terms. If You do not wish to accept these General Terms then please navigate away from the Game and do not complete Your registration or further use the Game, as we will consider any such actions as Your unqualified acceptance of these General Terms. If You have any questions about these General Terms, please contact Us using the contact details within the Game.

4.3 We may change the General Terms from time to time for legitimate business reasons, provided that such changes comply with applicable law and do not materially disadvantage You. If We deem any such change to be material in nature, Your continued use of the Game after the effective date of the changes confirms Your acceptance of these Terms and Conditions as amended. If You do not agree to the changes, You may terminate Your Account in accordance with these General Terms before the changes take effect.

You must be at least eighteen (18) years of age or older to participate. Persons under 18 years of age are prohibited from using the Game or opening an Account. You must provide valid proof of identity when requested, and all personal information provided must be accurate and verifiable. We reserve the right to verify Your age and identity at any time.

Application and Registration

6.1 To access the Game, You must first open an Account by providing the relevant details requested on the Game registration page. By opening an Account, You confirm that You are at least 18 years old, have the legal capacity to enter into this agreement, and are not prohibited from participating in fantasy sports competitions under any applicable laws in Your jurisdiction.

6.2 You warrant that the details You supply Us upon registration are:

6.2.1 100% correct and up-to-date; and

6.2.2 in no way false, inaccurate or misleading; and

6.2.3 remain so for the duration of any membership extended to You.

6.3 Only one Account is permitted per individual. When opening an Account You warrant that You do not already hold an Account with Us nor have You previously had an Account closed by Us for breach of these General Terms. If You have had an Account previously closed by Us for breach, You must not create a new Account without Our prior written consent. If You have had an Account closed by Us for reasons other than breach, You may apply to open a new Account by contacting Us using the contact details within the Game.

6.4 We reserve the right to close any Accounts that We identify are opened in breach of these General Terms and, after providing You with reasonable notice and an opportunity to respond, to void any Game entries You have made using those Accounts. We will provide written reasons for any such action. This right will be exercised reasonably and in good faith.

6.5 You agree that You will only open an Account on Your own behalf acting as principal and not as an agent for any third party.

6.6 When You register an Account with Us, You will be invited to set-up a username and password. You agree that:

6.6.1 We can, at Our discretion, include Your username in a leaderboard for the Game and We can publish this leaderboard within the Game, on Our social media channels, and permit Our partners to do the same. You may opt out of leaderboard publication by contacting Us, though this may limit certain features of the Game. We will handle any personal information in leaderboards in accordance with Our Privacy Policy and the Privacy Act 1988 (Cth);

6.6.2 We recommend that you do not choose a username which incorporates personally identifiable information (i.e. Your name, email address or a unique nickname) if You do not want Your Account to be personally identifiable on Our leaderboards;

6.6.3 You will not choose a username which is of offensive, defamatory, discriminatory, or otherwise unacceptable description or nature. "Unacceptable" includes usernames that: (a) violate intellectual property rights; (b) impersonate others; (c) contain profanity or hate speech; or (d) promote illegal activities. If You do choose such a username, We may, after providing You with notice and an opportunity to change it, suspend or close Your Account if You fail to comply within a reasonable timeframe;

6.6.4 It is and remains Your responsibility to keep Your own Account login details safe, secure and up-to-date and not to share, or make them known to anyone else (whether directly or through inadvertence on Your part, and including e.g. any "pre-filled" or "stored" logins on any personal device); and

6.6.5 It is and remains Your responsibility to ensure the security of any device used to access Your Account and Our Game (including both "good practice" measures such as locking your screens and employing appropriate access controls and anti-virus protections). However, We will implement reasonable security measures on Our end to protect Your Account and personal information in accordance with Our obligations under the Privacy Act 1988 (Cth) and Australian Privacy Principles.

6.7 You further agree that, subject to Our obligations under applicable law (including the Australian Consumer Law), We cannot and will not be held responsible, nor legally liable, for any unauthorized use of Your Account login, device, or payment details where such unauthorized use results from Your failure to keep Your login details secure and We are not ourselves at fault or negligent. This clause does not limit Our liability for authorized use of Your Account or for any liability that cannot be excluded under Australian law.

6.8 You acknowledge that We will collect, use, and disclose personal information which You provide in connection with Your registration in accordance with the Privacy Act 1988 (Cth) and Our Privacy Policy. By registering, You consent to Us supplying the information You have given Us to credit reference agencies and other third parties who offer customer validation services to confirm Your identity and payment details, where such disclosure is reasonably necessary for these purposes and in accordance with applicable privacy laws. You may withdraw this consent at any time by contacting Us, though this may affect Our ability to provide certain services to You.

6.9 It is and remains prohibited for any players to sell, transfer, and/or acquire Accounts from any other individual. We may close any Accounts, cancel any Game entries and void any necessary transactions or withdrawals where We know or reasonably suspect that You have done so.

6.10 Referrals

The Application offers a referral program under which You may be eligible to receive rewards, by way of In-Game Currency. The amount of such rewards shall be displayed within the Application and may be modified by Us at any time in Our sole discretion, provided that any modifications will apply prospectively and will not affect rewards already earned or in the process of being earned at the time of modification. All rewards are granted subject to compliance with these General Terms and any additional requirements specified in the Application. We reserve the right to suspend or terminate the referral program at any time.

7.1 For the purposes of these General Terms, the following words shall have the following meanings:

7.1.1 "Card(s)" means player and team cards in the Game.

7.1.2 "Coin(s)" means units of the In-Game Currency that can be used to transact on the Game's marketplace, e.g. to purchase Packs and Cards.

7.1.3 "Pack(s)" means randomly generated digital card packs in the Game that contains Card(s).

Packs and Cards

7.2 If You access and play the Game, You may accumulate Tickets, Coins, Packs and Cards.

7.2.1 Please note that We do not make any guarantee that the Game will be available, or that each and every Card can be used to enter each and every Game contest made available.

7.2.2 Notwithstanding the above, Packs, Coins, Cards and Tickets accumulated during any particular tournament or season will not be able to be used for any subsequent tournament or season, except where We expressly indicate otherwise. For example, Tickets and Coins accumulated during the 2024/2025 season may not be used during the 2025/2026 season.

7.3 Each Card has a unique identifiable number; however, You cannot presently exchange any Card (or Ticket) for a monetary value or use them outside the Game. Cards and Tickets are Digital Assets with no inherent monetary value outside the Game and do not constitute property or assets that can be transferred, sold, or traded outside the Game platform.

7.3.1 We may introduce such functionalities in future at Our discretion; however, We offer no guarantees that We will do so.

7.3.2 You should therefore only collect the Packs and Cards on a recreational basis for the purpose of using them in the Game contests made available in the present day, and not in any circumstance collect Packs or Cards for the purposes of generating a 'profit', any kind of monetary return, or long term use beyond the Game contests currently advertised.

7.4 It is expressly prohibited to arrange the sale of Your Tickets, Coins and Cards outside of the Game whether that is in return for cash or anything else. We will consider doing so a material breach of these General Terms, which may result in immediate termination of Your Account and forfeiture of all Tickets, Coins, Cards, and any other in-game items.

7.5 Please note that any Tickets, Coins and Cards obtained in breach of these General Terms (including through the purchasing and/or sale of an account) will be removed from the Game.

7.6 Subject to Our obligations under the Australian Consumer Law, where Tickets, Packs and Cards are removed from the Game due to Your breach of these General Terms, no compensation will be available for such removed items. Where items are removed due to Our error or system malfunction and You have not breached these General Terms, We will restore the items within a reasonable timeframe.

7.7 We reserve the right to release additional Packs and Cards at any time. The number and type of Packs and Cards in circulation shall be chosen by Us at Our sole discretion.

Coins and Tickets

7.8 If You access and play the Game, You may accumulate Coins and/or Tickets. Coins can be accumulated: (i) free-of-charge from carrying out certain activities on the Game; or (ii) purchased via the Google Play or Apple App store.

7.9 In respect of each purchase of Coins via the Google Play or Apple App store:

7.9.1 by purchasing coins via the store, You authorize Us to instruct Google / Apple to collect payment from You;

7.9.2 all such payments are also subject to Google's / Apple's terms as updated from time to time; and

7.9.3 Subject to Your rights under the Australian Consumer Law and other applicable consumer protection legislation, all purchases are non-refundable once the Coins have been delivered to Your Account, regardless of whether You have used those Coins.

7.10 Coins can presently only be used to purchase Packs or Cards from the marketplace.

7.11 Please note that We do not make any guarantee that Packs or Cards will be available to purchase, either in totality or in the same form presently available, from the marketplace in the future.

7.12 Any Coins accumulated during any particular tournament or season will not be usable for the following tournament or season unless expressly agreed in writing by Us.

7.13 Coins have no inherent monetary value outside of the Game and are not exchangeable or redeemable for cash, except as may be required by Australian Consumer Law.

7.13.1 You should therefore only collect and accumulate Coins on a recreational basis for the purpose of using them in the Game as soon as reasonably practicable, and not in any circumstance collect Coins for the purposes of generating a 'profit', any kind of monetary return, or long-term investment or speculation.

7.14 Please note that any Coins and/or Tickets obtained in breach of these General Terms (including through the creation of duplicate accounts or the purchasing and/or sale of an account) will be removed from the Game.

7.14.1 Where Coins and/or Tickets are removed from the Game due to Your material breach of these General Terms (including through creation of duplicate accounts or purchasing/selling accounts), no refunds or compensation will be available It is therefore important that You ensure Your compliance with these General Terms.

7.15 You can earn Coins by completing various challenges as described within the Game ("Challenges").

7.16 In the context of the Game, all scoring and integrity determinations shall be based on official sports statistics and data provided by third-party data providers, as selected by Us. You acknowledge and agree that these statistics and data shall be considered final and binding for all purposes related to the Game, including but not limited to contest results, rankings, and awards. This clause does not affect any rights or remedies available to You under the Australian Consumer Law.

Malfunctions

7.17 From time to time, technical malfunctions or human errors may occur which affect the Game ("Malfunction(s)"). In some cases, Malfunctions may not be apparent or detectable by You and/or Us until Our verification checks have been completed. Malfunctions include (but are not limited to):

7.17.1 Malfunctions and/or errors relating to the underlying mechanics and maths of the Game, including where the Game operates other than in accordance with its 'random number generator' (such as that used to randomly distribute Cards on the Game), or the published Game Rules;

7.17.2 Malfunctions and/or errors relating to disconnections and/or internet or server outages;

7.17.3 Errors in the scoring of selections in the Game (for example, if your selection is awarded points when it should not have been based on real life performances); and

7.18 You agree that You will inform Us of any Malfunctions You become aware of as soon as reasonably practicable. You must not intentionally seek to exploit a Malfunction for Your benefit, and You must not encourage any third party to do the same. Exploitation of a known Malfunction will be considered a material breach of these General Terms and may result in immediate Account suspension or termination and forfeiture of any benefits obtained through such exploitation, without prejudice to any other rights or remedies available to Us at law or in equity.

8.1 You must be at least eighteen (18) years of age to participate in the Game. By registering an Account, You represent and warrant that You meet this age requirement. We reserve the right to verify Your age at any time, and You agree to provide valid proof of age upon request. This aligns with the Australian legal requirements for participation in gaming activities, including but not limited to compliance with relevant state and territory legislation governing the Game and any other Games we may introduce from time to time in relation to fantasy sports.

8.2 If You register or sign in using a verified Google ID or Apple ID, We rely on those providers for Account access and do not require additional identity verification for routine use of the Game. You must provide accurate and complete information in Your profile. Where required by law or to prevent fraud, misuse, or unlawful conduct, We may ask You to provide identification documents. Failure to provide requested documentation may result in the suspension or closure of Your Account.

8.3 We may use reputable third-party identity service providers to conduct limited verification checks for the purposes set out in clause 8.2 and to comply with any verification requirements under any applicable legislation. We do not conduct credit checks or obtain consumer credit reports. Any verification will be carried out in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles.

8.4 Providing false, inaccurate, or misleading information during registration or in connection with Your Account is a material breach of these General Terms. Such actions may result in the suspension or termination of Your Account and the forfeiture of any associated rights, subject to Your rights under the Australian Consumer Law and in accordance with these General Terms.

8.5 Personal information collected during the age and identity verification process will be processed in accordance with our Privacy Policy, in compliance with the Australian Privacy Principles (APPs) and any applicable state or territory legislation. We are committed to protecting Your privacy and will take reasonable measures to secure Your data against unauthorized access or disclosure.

8.6 If You are found to be under the age of eighteen (18) or fail to comply with the identity verification requirements set forth in clause 8.2, We may terminate Your participation in the Game, close Your Account, and take any other necessary actions to ensure compliance with applicable Australian laws and regulations, relating to the Game, and in accordance with these General Terms.

9.1 You may request the deletion of Your account only through the in-app profile section by clicking on the "Delete Account" button and following the on-screen instructions. While You are logged in, no further identity verification will be required. The Company will process the deletion of Your Account in accordance with applicable law.

9.2 Deleting Your Account is permanent and irreversible. Once Your Account is deleted, You will lose access to the Application and any associated data, including but not limited to Your profile information, gameplay history, virtual goods, and any In-Game Currency held in Your Account. You acknowledge and agree that any unused In-Game Currency will be permanently forfeited without any refund, credit, or exchange. This clause does not affect any non-excludable rights under the Australian Consumer Law.

9.3 Deleting Your account will not affect the Company's rights to retain or use data where retention is required by law, for legitimate business purposes such as fraud prevention, dispute resolution, or fantasy sports integrity monitoring, or as otherwise described in the Company's Privacy Policy.

9.4 Subject to Our obligations under the Australian Consumer Law, other applicable consumer protection legislation, and any applicable state or territory, the Company shall not be liable to You for any loss, including the forfeiture of any In-Game Currency or virtual goods held in Your Account, resulting from the deletion of Your account in accordance with this clause where You have voluntarily requested such deletion.

9.5 We may also close Your Account without a request from You where You are in breach of these General Terms, or where We reasonably believe closure is necessary to comply with applicable law, prevent fraud, protect the integrity of the Game, or comply with directions from relevant sporting bodies or regulatory authorities. Where reasonably practicable, We will provide You with prior notice and an opportunity to remedy any breach before closing Your Account, except in cases of serious breach, fraud, or illegal activity.

10.1 Subject to clause 10.2, and except to the extent that such exclusion would contravene the Australian Consumer Law, other applicable consumer protection legislation, or applicable gaming and sports betting regulations in any Australian state or territory, We (together with Our officers, directors, employees, agents and affiliates) exclude all liability for any loss or damage arising out of or in connection with Your use of the Game or any related services (including fantasy sports gaming relating to AFL, NRL, IPL cricket, EPL European Soccer and any other similar games we may introduce from time to time), whether in contract, tort (including negligence), breach of statutory duty or otherwise. This exclusion applies without limitation to:

(a) loss of profits, business, revenue, anticipated savings or goodwill;

(b) loss or corruption of data or software;

(c) loss of opportunity or contract;

(d) wasted expenditure;

(e) business interruption or downtime; and

(f) any indirect, special or consequential loss.

10.2 Nothing in these General Terms limits or excludes Our liability for:

(a) death or personal injury caused by Our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any liability which under applicable law cannot be limited or excluded, including but not limited to liability for breach of consumer guarantees under the Australian Consumer Law; or

(d) any other liability which cannot lawfully be limited by contract, including any liability imposed by applicable legislation in any Australian state or territory.

10.3 Subject to clause 10.2, Our obligations under the Australian Consumer Law, and any mandatory liability requirements under applicable state, Our total aggregate liability to You in respect of all claims arising out of or in connection with the Game or these General Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total amount You have paid to Us in connection with the Game in the twelve (12) months preceding the event giving rise to the claim.

All of the limitations and exclusions in this clause 10 apply equally to Our officers, directors, employees, agents and affiliates.

This clause 10 shall survive termination or expiry of Your Account.

11.1 Scope of this clause. Subject to Our obligations under the Australian Consumer Law and other applicable consumer protection legislation, Clause 11 sets out the entire financial liability of the Company, its parent and subsidiary undertakings, and each of their respective officers, directors, employees, agents and suppliers (together, "We", "Us", "Our") You (whether as "You", "Your", the "Player" or "Accountholder") in respect of: (a) any breach of these General Terms; (b) any use You make of the Game or inability to use the Game; (c) any In-Game Currency, virtual items, or other digital assets provided through the Game; and (d) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Game or these General Terms.

11.2 Statutory rights preserved. Nothing in these General Terms affects any statutory rights You may have as a consumer to the extent that such rights may not be excluded or limited by contract.

11.3 Disclaimer of warranties. Save as expressly set out in these General Terms, the Game, its content and any services, features or digital items are provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory or otherwise. Without prejudice to the generality of the foregoing, We do not warrant that: (a) the Game will be uninterrupted, timely, secure or error-free; (b) the Game will meet Your requirements or expectations; (c) any particular Contest or any In-Game Currency will be available at any given time or will not be withdrawn, modified, delayed or cancelled; (d) defects will be corrected; or (e) the Game will be free from viruses or other harmful components. All implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement are excluded to the fullest extent permitted by law, provided that nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (including but not limited to guarantees under sections 51-53 of Schedule 2 to the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded, restricted or modified by agreement.

11.4 Warranties

11.4.1 Each of Us and You warrants to the other that:

(a) it has full power and authority to enter into and perform its obligations under these General Terms;

(b) these General Terms constitute its legal, valid and binding obligation enforceable in accordance with their Terms; and

(c) it will comply with all applicable laws, rules and regulations in performing its obligations.

11.4.2 You further warrant that any User Content You upload or submit:

(a) is accurate, complete and up-to-date;

(b) does not infringe any third-party rights or applicable law; and

(c) does not contain any viruses, malicious code or material that could harm the Game or its users.

11.4.3 Except for the express warranties set out in these General Terms, all other warranties (whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement) are hereby excluded to the fullest extent permitted by law.

Excluded heads of loss. Subject to clause 11.2 and Our obligations under the Australian Consumer Law (including where liability cannot be excluded but may be limited, in which case Our liability is limited to the resupply of the services or payment of the cost of resupply), We shall not in any circumstances be liable for any: (a) loss of profits, sales, business, revenue or anticipated savings; (b) loss of data, corruption of data, or loss of goodwill; (c) loss of opportunity or contract; (d) wasted expenditure; (e) business interruption; (f) indirect or consequential loss; (g) punitive or exemplary damages.

11.5 Limitation of Liability for Free-to-Enter Game. In recognition that participation in the Game is free and that any financial transactions are limited to in-app purchases for optional virtual items, EWINGS LLC (referred to as "We", "Us", or "Our") limits its liability to the maximum extent permitted by applicable law. You acknowledge and agree that, subject to Our obligations under the Australian Consumer Law and other applicable consumer protection legislation, We are not liable for any losses or damages that may arise from Your participation in the Game or Your use of any in-app purchases. This includes, but is not limited to, any loss of virtual items, In-Game Currency, data, or any other digital assets, whether such losses are direct, indirect, incidental, special, consequential, or exemplary, except as required by law. This clause does not affect any non-excludable rights You may have under the Australian Consumer Law.

12.1 To the extent permitted by law and subject to Your rights under the Australian Consumer Law, You agree to indemnify, defend and hold harmless EWINGS LLC and its officers, directors, employees, agents and affiliates (together, "Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

12.1.1 Your breach of these General Terms;

12.1.2 Your negligent or wrongful acts or omissions in connection with the Game;

12.1.3 any claim by a third party that Your use of the Game or Your User Content infringes their rights or violates applicable law.

12.2 We reserve the right, at Our option and expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You. You may not settle any claim without Our prior written consent.

12.3 Malfunctions Indemnity. You acknowledge that technical malfunctions or human errors may occur during the Game, which can affect gameplay, including but not limited to errors in scoring, connectivity issues, and software glitches. To the extent permitted by law, You agree to indemnify, defend, and hold harmless EWINGS LLC and its officers, directors, employees, agents, and affiliates from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with such malfunctions, except where EWINGS LLC is found to have acted negligently or in breach of its obligations under the Australian Consumer Law. EWINGS LLC shall not be liable for any loss or damage resulting from such malfunctions, including loss of opportunity, data, virtual goods, or In-Game Currency, unless required by applicable law.

12.4 Defamation Indemnity. You agree to indemnify, defend, and hold harmless EWINGS LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with any User Content you upload, post, or display that is alleged to be defamatory, unlawful, or infringing on any third party's rights. This indemnity obligation includes, but is not limited to, claims that may be brought against EWINGS LLC as the platform operator. You acknowledge that this indemnity is intended to protect EWINGS LLC from the financial risk of such claims and to cover any legal costs incurred in defending against user-generated content issues. This clause does not affect Your rights under the Australian Consumer Law to the extent that such rights cannot be excluded or limited by agreement.

13.1 Non-Exclusive Rights. Except where expressly stated otherwise in these General Terms, each right or remedy of You or Us under these General Terms is without prejudice to any other right or remedy available at law, in equity or otherwise.

13.2 Specific Performance and Injunctive Relief. Without limiting any other remedy, We shall be entitled to seek injunctive relief, specific performance or other equitable remedies to prevent or curtail any breach of these General Terms.

13.3 Notice of Breach. If We become aware of any actual or suspected breach of these General Terms by You, We may notify You through the contact details associated with Your Account or via In-Game Notifications, specifying the nature of the breach and any steps We require You to take to remedy it. If You believe We have breached these General Terms, You may contact Us through Our designated Support Channels to report the issue and request a resolution.

13.4 Mitigation. Each party shall use reasonable endeavours to mitigate any loss, damage or liability arising from the other party's breach of these General Terms.

14.1 Termination for Cause. Either You or We may terminate Your access to the Game with immediate effect by written notice if:

(a) the other party materially breaches these General Terms and, if the breach can be remedied, fails to do so within 14 days of receiving written notice from the non-breaching party specifying the breach and the required remedy;

or

(b) You engage in conduct that, in Our sole discretion, harms or may harm the Game, other players, or Us, including but not limited to cheating, hacking, harassment, fraud, or any other conduct We deem detrimental to the Game environment.

14.2 Termination of any Game. We may discontinue the Game or any part of it for any reason, provided that such discontinuation complies with Our obligations under the Australian Consumer Law, including any guarantees relating to services being provided with due care and skill and being fit for purpose. Where practicable, We may use reasonable endeavours to provide at least thirty (30) days' notice before such discontinuation, provided that, in any event, We may discontinue immediately if required by law, for security reasons, or due to circumstances beyond Our reasonable control.

14.3 Effect of Termination. Upon termination:

(a) You must stop all use of the Game and delete or destroy all copies of User Content in your possession or control, provided that this obligation does not affect any rights You may have to seek remedies under the Australian Consumer Law or to access Your personal data under the Privacy Act 1988 (Cth)

14.4 No Liability for Suspension or Termination. Subject to the Australian Consumer Law and other applicable consumer protection legislation, We shall not be liable to You or any third party for any suspension or termination under this clause where such suspension or termination is lawful and in accordance with these General Terms, including for loss of any In-Game Data, loss of any In-Game Currency, opportunity or goodwill. Nothing in this clause excludes, restricts or modifies any guarantee, warranty, term, condition, right or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

14.5 Survival. Clauses that by their nature are intended to survive termination-including but not limited to: Definitions, Intellectual Property Rights, and Governing Law & Dispute Resolution-shall continue in full force and effect, subject to any limitations imposed by the Australian Consumer Law and other applicable consumer protection legislation.

15.1 How to complain. If You have a complaint about the Game, email Us at support@flierfantasy.com with Your username, a brief description of the issue, and the remedy You seek. We will handle Your complaint in accordance with Our internal complaints handling procedures and applicable Australian consumer protection laws. This complaints process does not affect Your rights under the Australian Consumer Law or Your right to seek resolution through external dispute resolution schemes (including any applicable industry ombudsman schemes) or the courts. If You are not satisfied with Our response, You may refer Your complaint to the relevant consumer protection authority in Your state or territory.

15.2 Our response. We will acknowledge Your email as soon as practicable and aim to send a substantive update as soon as reasonably possible depending on the nature of the complaint. If We need more time, We will let You know.

15.3 Final Decision. Subject to any applicable laws, including Australian Consumer Law, any decision made by Us regarding the Game, its features, contests, and any related matters, shall be final and binding on all parties. This clause is intended to ensure clarity and consistency in the administration of the Game and does not affect any rights or remedies available to You under applicable consumer protection legislation.

16.1 Ownership of the Game and Content. Except for the limited, non-exclusive, non-transferable licence granted to You under these General Terms to access and use the Game for Your personal, non-commercial entertainment purposes in accordance with these General Terms (which licence may only be revoked in accordance with clause 14 and applicable law, including where You breach these General Terms), all rights, titles and interests (including all copyright, database right, trademark, design, patent, trade secret and other intellectual property and neighbouring rights, whether registered or unregistered, anywhere in the world and for the full term of those rights) in and to:

(a) the Game, its underlying software, source code, object code, algorithms, databases, architecture and documentation;

(b) all audiovisual content, graphics, animations, audio, music, text, trademarks, trade names, domain names, logos and branding appearing in or on the Game;

(c) all Cards, Packs, Tickets, Coins and any other digital items including any other In-Game Currency, their design, look and feel and associated metadata; and

(d) any derivative works, updates, upgrades, patches, translations, localisations or adaptations thereof, are and shall remain owned by Us or Our licensors. No ownership interest of any kind is transferred to You by virtue of Your use of the Game, purchase of Coins or any In-Game Currency (when applicable), or acquisition of Cards, Packs, Tickets, any In-Game Currency or any other Digital Assets.

16.2 Licence to Use the Game. Subject always to Your continuing compliance with these General Terms (and subject to Our termination rights under clause 14), We grant You a personal, limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Game and to display the Cards, Packs, Tickets and any In-Game Currency allocated to Your Account solely for Your own lawful, private, non-commercial entertainment purposes. All rights not expressly granted to You are reserved by Us and Our licensors.

16.3 Licence Restrictions. You shall not, and shall not attempt, permit or enable any third party to:

(a) copy, reproduce, frame, scrape, modify, adapt, translate, create derivative works from, distribute, publicly perform, publicly display, transmit, broadcast, sell, rent, lease, loan, sublicense or otherwise commercially exploit the Game or any part of it, except as expressly permitted under the Copyright Act 1968 (Cth) for personal use, backup purposes, or interoperability;

(b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, algorithms or trade secrets of the Game, except to the extent expressly permitted by applicable law (including for interoperability purposes or security research as permitted under the Copyright Act 1968 (Cth));

(c) remove, conceal or alter any copyright, trademark or other proprietary notices contained in the Game;

(d) harvest or otherwise collect information about other users without their and Our consent;

(e) use any robot, spider, scraper, datamining tool or other automated means to access the Game for any purpose;

(f) circumvent, disable or interfere with securityrelated or technical features of the Game, including features that prevent or restrict use or copying of any content;

(g) use the Game or any Card, Pack, Ticket, Coin or any other In-Game Currency in connection with any commercial purpose, advertising, sponsorship, or promotion (except for personal social media posts or content creation that does not imply Our endorsement), or for any activity that constitutes gambling or the facilitation of gambling under Australian law unless expressly authorised by Us in writing and properly licensed; or

(h) acquire, sell, rent, lease, license, sublicense, transfer, assign, pledge or otherwise dispose of Cards, Packs, Tickets, Coins, Accounts, any other form of In-Game Currency, or any other Digital Assets outside the mechanisms expressly provided within the Game, except as required by law or with Our prior written consent.

16.4 User-Generated Content. If You create, upload, transmit, post or otherwise make available any content, data, information, text, images, audio, video, feedback or other materials through the Game ("User Content"), You warrant that You own or have obtained all necessary rights to upload and share that User Content and that it does not infringe any third-party rights, violate any law, or contain any material that is defamatory, obscene, offensive or otherwise objectionable. You hereby grant Us a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, copy, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, publicly display, distribute, transmit and otherwise use such User Content in any media for the purposes of operating, improving, promoting and marketing the Game (including publishing leaderboards and promotional materials, and reposting Your public statements about the Game), for the duration of the copyright and other intellectual property rights in such User Content, or until You request removal of such User Content in writing, whichever occurs first. You acknowledge that under Australian law (including the Copyright Act 1968 (Cth)), moral rights cannot be assigned or waived, but to the extent permitted by law, You consent to Us and Our licensees doing any act or omitting to do any act that would otherwise infringe Your moral rights in the User Content, including the right of attribution and the right against derogatory treatment, provided that We will use reasonable efforts to attribute Your content where practicable and will not intentionally use Your content in a manner that would be derogatory to Your reputation.

16.5 Feedback. If You provide Us with any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Game or Our services ("Feedback"), You grant Us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, exploit and incorporate such Feedback into the Game or any of Our products or services without restriction, attribution or compensation to You. You retain ownership of any intellectual property rights You may have in the Feedback, and this license does not prevent You from using or licensing Your Feedback to third parties.

16.6 Third-Party Materials. The Game may include or link to content, software, libraries, data, trademarks or services owned or controlled by third parties ("ThirdParty Materials"). Such ThirdParty Materials remain the property of their respective owners and may be subject to separate licence terms. Your use of any Third-Party Materials is entirely at Your own risk and subject to any applicable thirdparty terms. We will make reasonable efforts to notify You of any applicable third-party terms before You access such Third-Party Materials. No licence is granted to You in respect of any ThirdParty Materials except to the limited extent necessary to enable You to use the Game in accordance with these General Terms.

16.7 Notice of Alleged Infringement. We respect intellectual property rights and expect Our Users to do the same. If You believe that any content available via the Game infringes Your copyright or other intellectual property rights, You should promptly notify Us in writing at the contact address set out in the Game, providing:

(a) identification of the work claimed to be infringed;

(b) identification of the allegedly infringing material and its location;

(c) Your contact information;

(d) a statement that You have a good faith belief that the disputed use is not authorised by the rights owner, its agent or the law;

(e) a statement, made in good faith and to the best of Your knowledge, that the information You have provided is accurate and that You are the rights owner or authorised to act on the rights owner's behalf; and

(f) Your physical or electronic signature. On receipt of a valid notice We will investigate and, where appropriate, remove or disable access to the allegedly infringing material. We may also terminate Accounts of repeat infringers in appropriate circumstances.

16.8 Trade Marks. "Flier" and all related names, logos, product and service names, designs and slogans are Our trademarks or those of Our affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs and slogans on the Game are the trademarks of their respective owners.

16.9 Reservation of Rights. Nothing in these General Terms shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any General Terms intellectual property right other than as expressly set out herein. All rights are expressly reserved by Us and Our licensors.

16.10 Survival. This clause 16 shall survive termination or suspension of Your Account and/or cessation of Your use of the Game for any reason.

16.11 No Association or Endorsement.

The Game may reference the names of sporting leagues, competitions and teams, including without limitation the Australian Football League (AFL), National Rugby League (NRL), English Premier League (EPL), Indian Premier League (IPL) and other competitions. All such names, logos and trademarks are the property of their respective owners.

The Game is an independent fantasy sports platform and is not affiliated with, endorsed by, sponsored by, licensed by, or otherwise associated with any such leagues, competitions, teams, governing bodies or their respective commercial partners. No partnership, joint venture or official relationship is created or implied by any reference within the Game.

16.12 Publicity and Moral Rights Consent. By participating in the Game and submitting any User Content, including but not limited to images, videos, statements, or other materials related to Your participation in the Game, You hereby grant to EWINGS LLC and its affiliates a perpetual, exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform or display such User Content for the purposes of promoting, advertising, and marketing the Game and any related services, in any media or format, whether now known or hereafter devised.

You consent to any acts or omissions by EWINGS LLC or its licensees that may otherwise infringe Your moral rights in the User Content, including the rights of attribution, integrity, and against false attribution, to the fullest extent permitted by law. Furthermore, You waive any moral rights You may have in such User Content outside Australia and agree not to assert or bring any claims against EWINGS LLC or its affiliates for any such use or infringement.

This clause is intended to maximize the promotional exploitation rights of EWINGS LLC and provide comprehensive protection against claims related to the use of User Content, while respecting Your rights under applicable laws.

17.1 Definition. For the purposes of these General Terms, a "Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected party which prevents, hinders, delays or renders commercially impracticable the performance of any of its obligations under these General Terms, including (without limitation):

(a) acts of God, flood, storm, earthquake, volcanic activity, tsunami or other natural disaster;

(b) epidemic, pandemic or other public health emergency (including any governmental lockdowns, quarantines or travel restrictions);

(c) war, armed conflict, invasion, riot, civil commotion, insurrection, terrorist act or threat, sabotage or piracy;

(d) nuclear, chemical or biological contamination;

(e) explosion, fire or accidental damage;

(f) any act of any government or public authority (including the imposition of export or import restrictions, sanctions, embargoes or other trade restrictions, or any revocation or suspension of licences);

(g) strike, lockout or other industrial dispute (whether affecting Our workforce or any other person);

(h) interruption or failure of utility service (including power outage), telecommunications network, internet backbone, cloud-hosting facility or data centre service;

(i) failure of or delay in subcontractors, suppliers or third-party platforms (including app stores and payment processors) caused by any of the above; or

(j) any other cause or event of a similar nature, whether foreseeable or unforeseeable, that is outside the reasonable control of the affected party.

17.2 Suspension of Obligations. If a Force Majeure Event occurs, the affected party shall be relieved from the performance of the affected obligations for the duration and to the extent that performance is prevented, hindered or delayed. The corresponding obligations of the other party shall be suspended to the same extent.

17.3 Notice and Mitigation. The affected party shall: use reasonable endeavours to mitigate the effects of the Force Majeure Event on the performance of its obligations and to resume full performance as soon as reasonably practicable.

17.4 Extended Force Majeure - Termination. If the Force Majeure Event continues for a continuous period of thirty (30) days or more, either party may terminate the agreement constituted by these General Terms immediately on written notice to the other without liability for future performance, except for any rights or liabilities accrued up to the date of termination. Upon such termination, Users shall be entitled to a refund of any prepaid amounts for services not yet provided, calculated on a pro-rata basis.

17.5 Specific Application to the Game. Without limiting the foregoing:

17.5.1 We shall not be liable for any suspension, outage, alteration, cancellation or delay of the Game, any Contest, (including any failure to credit Coins, Tickets, Cards or Packs, or any failure to deliver) attributable to a Force Majeure Event.

17.5.2 We may, in Our sole discretion and acting reasonably and to the extent necessary to address the impact of the Force Majeure Event, modify the rules, deadlines, scheduling, or any other element of the Game, or cancel the same entirely. Where such modifications materially affect Users' rights or the value of any virtual items, Users will be entitled to a pro-rata refund of any amounts paid for affected virtual items or services within the preceding 30 days, unless the Force Majeure Event makes such refund commercially impracticable. In such cases, We will provide Users with equivalent value in alternative virtual items or services, or extend the duration of any time-limited benefits. Any such modification or cancellation will be notified to Users as soon as reasonably practicable, and in any event within 48 hours of the decision to modify or cancel, through the Game interface, email, or other direct communication method.

17.6 Survival. This clause 17 shall survive any termination or expiry of these General Terms.

18.1 No implied waivers. A failure or delay by the Game in exercising any right, power or remedy under these General Terms, or by law, shall not constitute a waiver of that or any other right, power or remedy, nor shall it preclude or restrict any further exercise of the same or any other right, power or remedy.

18.2 Written waiver only. No waiver of any provision of, or breach under, these General Terms shall be effective unless it is expressly stated to be a waiver and communicated to You in writing (which may include email and/or in-app notifications).

19.1 Invalid provisions. If any provision (or part-provision) of these General Terms is or becomes invalid, illegal or unenforceable under applicable law, that provision (or part-provision) shall be deemed deleted to the minimum extent necessary, or if possible, modified to the minimum extent necessary to make it valid, legal and enforceable while preserving the parties' original intentions.

19.2 Continued validity. The validity and enforceability of the remaining provisions of these General Terms shall not be affected and shall continue in full force and effect.

20.1 Our right to assign. We may at any time assign, transfer, or otherwise deal with Our rights and obligations under these General Terms, in whole or in part, to any third party - including any affiliate, purchaser of assets, or successor by merger or reorganisation - without notice to You and without requiring Your consent, provided that such assignment does not materially diminish the protections afforded to You under these General Terms.

20.2 Your right to assign. You may not assign, transfer, mortgage, charge, declare a trust over, subcontract or otherwise deal in any manner with any of Your rights or obligations under these General Terms - whether in whole or in part, whether voluntarily, involuntarily, by operation of law or otherwise - without Our prior written consent, which may be withheld in Our sole discretion. Any attempted assignment or transfer by You in breach of this clause 20.2 shall be null and void.

This agreement is written in English, and the English version will be the official and controlling version. If these General Terms are translated into another language and there is a difference in meaning, the English version will be used to resolve any discrepancies.

22.1 These General Terms (together with any documents expressly incorporated by reference, including Our Privacy Policy and any additional policies or rules that We publish within the Game or on Our website) constitute the entire agreement between You and Us in relation to Your access to and use of the Game, and they supersede and extinguish all prior or contemporaneous agreements, drafts, arrangements, understandings, negotiations or representations - whether written, oral or implied - between You and Us relating to the same subject matter.

22.2 No Reliance. You acknowledge that, in entering into these General Terms and Conditions, You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether made innocently or negligently) that is not expressly set out in these General Terms and Conditions. Nothing in this clause limits or excludes any liability for fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited under applicable law, including but not limited to the Australian Consumer Law.

22.3 Conflict. If there is any conflict or inconsistency between these General Terms and any policy or rule incorporated by reference, the provisions of these General Terms and Conditions shall prevail to the extent of the conflict or inconsistency, unless the policy or rule expressly states otherwise.

22.4 Survival. The provisions of clause 22 (and any other clauses which by their nature are intended to survive termination, including but not limited to clauses relating to confidentiality, intellectual property, limitation of liability, indemnification, and dispute resolution) shall survive any termination or expiry of these General Terms and shall continue to apply notwithstanding any suspension or deletion of Your Account.

23.1 Governing Law

(a) These General Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), United Arab Emirates.

(b) However, where You are a consumer resident in Australia, nothing in clause 23.1(a) affects, excludes, restricts or modifies:

(i) Your rights under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including without limitation the consumer guarantees set out in sections 51 to 53, and Your rights to remedies for failure to comply with those guarantees;

(ii) Your rights under the Privacy Act 1988 (Cth) and the Australian Privacy Principles;

(iii) Your rights under any other applicable Australian federal, state or territory consumer protection legislation; or

(iv) the application of any other law that cannot be excluded by agreement.

23.2 Jurisdiction

(a) Subject to clause 23.1(b), the parties submit to the non-exclusive jurisdiction of the DIFC Courts, United Arab Emirates, including the Small Claims Tribunal for claims within its jurisdictional threshold.