TERMS AND
CONDITIONS USAGE AGREEMENT

GENERAL PROVISIONS

For the purpose of this Terms
and Conditions Usage Agreement, “Wallaby Friends” is defined as,
Wallaby Friends, Kookaburra Club and all affiliates, subsidiaries and/or parent
company in this website. The site/s on which this legal agreement is posted includes,
but is not limited to, the following: KookaburraClub.org, WallabyFriends.com,
WallabyBuddies.com, WallabyChums.com, WallabyPartners.com,
WallabyInternational.com, WallabySweethearts.com, WallabyGear.org.
The following is a legal
agreement between you and Wallaby Friends.

Wallaby Friends was initially
created to help strengthen the relationship between the United States of
America and Australia by providing various programs and memberships to assist
with this purpose. Some services included, but are not limited to:  Wallaby Friends Pen-Pal Program, Wallaby
Friends Membership and Wallaby Partners. Wallaby Friends aims to expand into
other international countries in the near future.

PLEASE READ THIS TERMS AND CONDITIONS USAGE AGREEMENT
CAREFULLY BEFORE USING THIS SITE

This agreement (“usage
agreement”) sets forth the terms and conditions which apply to your
access to and use of this website and applies to anyone accessing this website.
BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH ALL TERMS AND CONDITIONS HEREOF
AND TO BE BOUND BY ITS TERMS AND RESTRICTIONS.  IF YOU DO NOT AGREE, PLEASE DO NOT USE
THIS STIE OR ANY OF OUR SERVICES.

You acknowledge that these
terms of use are supported by reasonable and valuable consideration, the
receipt and adequacy of which are hereby acknowledged. Without limiting the
generality of the foregoing, you acknowledge that such consideration includes
your use of this site and receipt of information available at or through this
site.

This website reserves the
right to change the terms of this usage agreement at any time and for any
reason.  You agree that any such
changes, modifications, additions or deletions shall be fully incorporated
herein and are effective immediately.
It is your responsibility to visit the usage agreement periodically so
as to be kept apprised of any changes to this agreement.

You should independently
confirm any facts that you learn from this website.  You expressly agree that any reliance of
information or services in this website is at your own risk and you understand
that you are solely responsible for any loss or damage you may incur that
results from your use of this website.

Nothing in this Agreement
constitutes a partnership or an employment relationship.

Fees. All fees shall be at the current then prices in USD.  Upon requesting services you agree to
pay via check, money order and/or cashier’s check. Failure to make
payment will result in cancellation and termination of the services and/or
product/s requested by you. Wallaby Friends will not be held liable for any
additional charges you incur in fees, penalties as a result of processing
payment. When purchasing a product, membership or service from Wallaby Friends,
please also read our Store policies page to be kept informed of our current
policies regarding the purchasing of products, shipping, etc from our website.

WALLABY INTERNATIONAL PARTNERS PROGRAM / WALLABY
FRIENDS MEMBERSHIP

Wallaby International Partners
Program is an avenue whereby establishments (this term also encompasses:
companies / organizations / sole proprietors / owners of businesses) can join
to provide our customers with the opportunity to receive ‘memorable
experiences’ at their particular establishment.  ‘Memorable experiences’ can
be defined as, but not limited to: offers, special rates, added extras/bonuses
(i.e. tickets, food, merchandise, etc), discounts, etc.

This program was initially
created to offer experiences to customers residing in Australia and the USA,
Wallaby Friends decided to expand upon this initial program in 2011 to
encompass ‘other’ international countries, that seemed suitable to
our company goal and strategy, this change was called Wallaby International
Partners Program.  All our establishments
will operate under this program. Those establishments from Australia & USA
that signed up for the Wallaby Partner program will automatically be enrolled
under Wallaby International Partners Program.

Our customers must purchase a
‘Wallaby Friends Membership’ card, in order to redeem the
‘memorable experience’ at each establishment, partnered with us
under ‘Wallaby International Partners’ Program. The card holder
must present the card in person at the establishment. The card can be used
multiple times throughout the Agreement period. Replacement cards are issued
for a nominal fee.

All establishments that join
to become a ‘Wallaby International Partner’ must sign a completed
Application Form and Agreement.  Each
establishment is required to honor the ‘Wallaby Friends Membership’
card when presented at their establishment.  Although establishments are welcome to
offer Wallaby Friends customers a ‘memorable experience’ (offer),
Wallaby Friends reserves the right not to accept all applications.  Wallaby Friends reserves the right, but
has no obligation to conduct a dispute resolution process, should an
establishment fail to not honor the card as indicated in their signed Agreement
with Wallaby Friends.  Wallaby
Friends may at their discretion terminate the establishments account solely for
this reason. Wallaby International Partner establishments agree not to alter,
amend, change any clauses in the Agreement, if clauses are changed, the Wallaby
International Partner establishment must first discuss it with Wallaby Friends
who if agreed to the change/s, will undergo the alteration to the Agreement.
Under no circumstances can a Wallaby International Partner establishment
discuss their Agreement with any of our Partnered companies or any other third
party company, should it be presented to Wallaby Friends that this has
occurred, Wallaby Friends will terminate the involving establishments
Agreements effective immediately, with or without notice.

Wallaby Friends promotes each
‘Wallaby International Partner’ through website advertising. Website
ad placement and display may change as our sites continually evolve and
differing search, categories fields are added. At our customer’s discretion,
they purchase a ‘Wallaby Friends Membership’ card based on the
ability to receive the ‘memorable experience’ at each
establishment. As an issuer of the Wallaby Friends Membership card, Wallaby
Friends cannot be held liable for circumstances beyond its reasonable
control.  For this reason, each
establishment shall be fully responsible for any and all injuries, damages,
claims, liabilities, costs, illness, court costs, etc suffered in whole or in
part by our customers using and visiting the establishment.

As a Wallaby Friend
Membership card holder you agree to abide by the terms of use of the card and
your ability to redeem any ‘memorable experience’ on the card is at
your sole discretion, control and responsibility.  You, the customer, cannot hold Wallaby
Friends liable for any damages beyond our reasonable control.

The terms of the Wallaby
Friends Membership card include, but are not limited to the following:

Valid at participating ‘Wallaby International Partner’
establishments only.

To redeem the ‘memorable experience’ the card MUST be
presented in person at each establishment.

Membership benefits are non-transferable and not for resale.

Membership benefits hold no cash value.

The use of the card is not to be used in conjunction with any
other offer, coupon, promotion, special, etc that the establishment
currently has.

Duplication and trade of the membership card is strictly
prohibited and punishable per applicable laws.  The use of the card for any type of
fraudulent activity is strictly prohibited and also punishable as per
applicable laws.

‘Memorable experiences’ offered do not include any
type of sales tax, GST, etc.

It is your responsibility as the card holder to confirm with the
establishment prior to attending (ahead of time),
to ensure that you will in fact receive the ‘experience’
offered and what exactly is ‘offered’. Thus, if you have any
questions regarding the ‘offer’ to contact the establishment directly
to discuss if any restrictions apply.

For on-line bookings for accommodation establishments, activities,
etc; it is recommended that you call ahead to the establishment to ensure
that your ‘experience’ i.e. in the case of a price reduction
has been applied correctly to your credit card and/or billing arrangements.  Wallaby Friends does not handle the
bookings for our Wallaby International Partners, thereby it is advised and
recommended that should any error occur regarding this issue that you
contact the establishment directly to discuss.

Should you choose to redeem the ‘experience’ offered
at any establishment, this is within your sole discretion and control.

No refunds will be provided with the membership card, even if the
establishment has gone out of business and/or terminated their partnership
with Wallaby Friends.

The expiration date of the card holder will be printed on the
Wallaby Friends Membership card.

The membership card can only be used by the person/s name/s as
indicated on the card, with valid photo ID.

Neither, Wallaby Friends or the establishment shall be responsible
for stolen or lost membership cards.

Membership prices and services are subject to change without prior
notice.

Membership cards can be replaced for a nominal fee of USD $10.00.

By using the Wallaby Friends Membership card you agree to and
abide by these terms.

LIMITATION OF LIABILITY

If any violations of the
terms and conditions of this website or of applicable law are reported or
noted, we reserve the right to terminate accounts, refuse initial or additional
services and/or cancel clients, customers and access to the website at our
discretion. By becoming a client on this website, you agree to release and
forever discharge Wallaby Friends and its parent company, affiliates, subsidiaries,
agents or employees from any liability arising out of your use of this website
and/or your subsequent reliance on any add in this website.  In addition, you release Wallaby Friends
from any errors, inaccuracies, omissions, or other defects in the information
contained in this website.

IN NO EVENT SHALL WALLABY
FRIENDS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, OR
INABILITY TO USE, THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ANY
WEBSITES LINKED TO THIS SITE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER INCLUDING OR RESULTING FROM LOST REVENUES OR MATERIAL.WHETHER IN AN
ACTION FOR CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

ANY MATERIAL DOWNLOADED OR
OTHERWISE IS SOLELY DONE AT YOUR OWN RISK AND DISCRETION, ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THIS SITE IS
SOLELY YOUR RESPONSIBILITY.  WE MAY PUBLISH
INFORMATION THAT RELATES TO A SERVICE, PRODUCT, PROGRAM
THAT IS NOT AVAILABLE IN YOUR COUNTRY.

You further agree that the
entire liability that Wallaby Friends, its parents, affiliates, subsidiaries,
agents, licenses or employees arising out of any kind can not exceed the amount
you paid, if any, for use of this website.

DISCLAIMER

THE MATERIALS CONTAINED IN
THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTIES OF ANY KIND.  WALLABY FRIENDS EXPRESSLY DISCLAIMS ALL
SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGMENT, OR IMPLIED WARRANTIES
OF MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THERE IS NO WARRANTY AS TO COMPLETENESS
OR ACCURACY OF THE INFORMATION, TEXT OR GRAPHICS CONTAINED WITHIN THESE
MATERIALS. WALLABY FRIENDS ASSUMES NO RESPONSBILITY OR LIABILTY ARISING FROM
THE CONTENT OF ANY ERROR, OMISSION, FALSEHOOD, DANGER, OR INACCURACY CONTAINED
IN ANY INFORMATION WITHIN SUCH LOCATION ON THIS SITE. WHILE WALLABY FRIENDS
AIMS TO REASONABLY MAINTAIN EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION
ABOUT WALLABY FRIENDS ON THIS WEBSITE, YOU SHOULD NOT ASSUME THAT THE
INFORMATION IS ALWAYS UP TO DATE, ACCURATE AND CONTAINS ALL THE RELEVANT
INFORMATION TO WALLABY FRIENDS. WALLABY FRIENDS MAINTAINS NO OBLIGATION TO
VERIFY OR MAINTAIN THE RELIABILITY AND ACCURACY OF SUCH INFORMATION.

INTELLECTUAL PROPERTY RIGHTS

All Site software design,
images, photographs, illustrations, texts, graphic material, artwork, text and
other copyrightable elements, including trademarks (registered and
unregistered), service marks and trade names (registered and unregistered,
these include but are not limited to: Kookaburra Club, Wallaby Friends, Wallaby
Partners, Wallaby International, Wallaby Sweethearts, Wallaby Buddies, Wallaby
Chums) are the exclusive property of Wallaby Friends and/or its artists and
designers, subsidiaries, affiliates, agents, licensors, licensees or respective
owners are protected by United States and foreign copyright and trademark laws,
without limitation.  Your misuse of
any of  the Trademarks (registered
and unregistered), and all images, graphics, artwork, illustrations, slogans,
logos, text, content,  other copyrightable
elements displayed on this site, or any other content on this site is strictly
prohibited. Nothing contained in this site should be construed in any manner as
the granting, by implication or otherwise any right to use any trademark
displayed on the site without the prior written permission of Wallaby Friends
or the artist that may own the trademarks displayed on this site, which may
include but is not limited to all images, artwork, graphics, slogans, logos,
trade names, content and any other copyrightable element displayed on this
site. You are restricted from using images and the like, including uploading,
copying, reproducing, posting, transmitting or distributing in any way, for
your own use or for the use of others, whether electronically or in any other
fashion.  By using this website, you
agree that you will not reproduce, distribute, display, modify or disseminate
the material on this website without express written consent from Wallaby
Friends.  Any violations or unauthorized
production of the material on this website may result in civil liability and/or
criminal prosecution pursuant to the fullest extent of applicable federal
and/or state laws. No Wallaby Friends trademark / service mark may be used as a
hyperlink without the prior written permission from Wallaby Friends.  You are advised that we at Wallaby
Friends may change our website/s, content, artwork, at any time for any or no
reason.

All images, artwork, logos,
graphics, illustrations used on this site are used with permission and in
agreement between artist and Wallaby Friends. Artwork, images, illustrations
are the exclusive sole property (owned and copyrighted) of the artist.  The terms of the permission do not
include third party use. Therefore the use of these images by you, or anyone
else authorized by you, is strictly prohibited.  Any unauthorized use of the images may
violate copyright laws, trademark laws, the laws of privacy and publicity and
other applicable laws. Any exploitation of web site content, including but not
limited to text and artwork, images is strictly prohibited.  Anyone wishing to use any of the content
within this site for any purpose must receive prior written permission from
Wallaby Friends.  All requests to
the artist can be made through the Contact Us page on this site.  All written requests will be reviewed on
a case by case basis at the sole discretion of Wallaby Friends and / or artist.
A royalty fee may be involved depending upon the nature and type of request.

All users of this website
agree to indemnify and hold Wallaby Friends and its artist harmless from any
and all claims, damages, or losses related to the purchase of product, service
and / or membership through this website.

You agree that there is not a
joint venture, agent, employee or partnership relationship between you and
Wallaby Friends. For Organizations participating in Wallaby International Partners
Program, the ‘relationship’ between you (the organization) and
Wallaby Friends is strictly (for a predetermined period of time) to provide a
‘memorable experience’ (service, offer, discount, special rate,
promotion) to our Wallaby Friends membership card holders, this relationship in
no way warrants and/or guarantees’ any ‘other’ type of
relationship that could be construed in any other (including legal) manner.

Except if we agree in writing
(per a signed Agreement or Contract), you may not misuse / misrepresent our
trade names (registered and unregistered), trademarks (registered and
unregistered), copyrightable elements, content, logo, artwork, domain/s,
brands, on any good and/or service.
The misuse of any of our trade names, trademarks (registered and
unregistered), copyrightable elements, products, content, service, forms,
applications, agreements, is strictly prohibited and will result in prosecution
to the fullest extent of the law.

The Terms and Conditions
Usage agreement is governed by the laws of the State of Oregon.  You hereby consent to the exclusive jurisdiction
and venue of the courts in Washington County. Wallaby Friends and/or its artist
will enforce its intellectual property rights aggressively as governed by the
law.

You agree that all notices or
disclosures provided electronically are sufficient to satisfy any requirements
that notice be in writing.

By becoming a friend with
Wallaby Friends and using this site, you agree that you will abide by all
privacy policies, particularly the Children’s Online Privacy Protection
Act ((for the Pen-Pal Program (if applicable) for children aged under 13 years),
the Terms and Conditions herein, and the high standards and integrity that Wallaby
Friends prides itself on. If you do not agree to this, please do not use this
site.

© 2009-2011
Wallaby Friends, All Rights Reserved.

PRIVACY POLICY

For the purposes of this Privacy
Policy document, “Wallaby Friends” is defined as, Wallaby Friends,
Kookaburra Club and all affiliates, subsidiaries, licensors, licensees, agents
and/or parent company in this website.

Wallaby Friends is committed
to respecting and maintaining your privacy.  This document will be updated
periodically, during which time changes may be made.  It is your responsibility to visit this
Privacy Policy document periodically so as to be kept apprised of any changes
to this policy.  This latest version
is dated April 24th, 2011.
Wallaby Friends understands your concerns regarding the release of your
personal information and prides itself on protecting your privacy and handling
any personal information from you with upmost care and respect.

The privacy policy outlines our
personal information handling practices.  If you choose not to provide your
personal information, we may not be able to service your request.

WHAT PERSONAL INFORMATION IS COLLECTED
FROM ME?

Personal
information collected from you may include, but is not limited to the
following:  name, age, gender,
‘Nickname’, address, contact information, company information,
financial information and other information as deemed sufficiently necessary as
required to complete forms, agreements, contracts, process payment
transactions, information may be required to us when submitting an on-line
query on this site. Information can be submitted to us via this site, e-mail,
mail or other electronic and non-electronic means. The information we collect
from you is solely used for our business requirements so that we may best
service you and respond to comments.

Wallaby Friends
pen pal program collects personally identifiable information from you who are
signing up to participate in the program. Wallaby Friends accepts individual
and school classroom (and/or club / organization) applications.

The Children's Online Privacy Protection
Act ("COPPA") requires that we inform parents and legal guardians
about how we collect, use, and disclose personal information from children under
13 years of age; and that we obtain the consent of parents and guardians in
order for children under 13 years of age to use certain features of our Web
sites.  The only personal
information we collect from kids during our registration process includes: Child
Name, ‘Nickname’, Address, Age, Gender, Hobbies/Interests.  We do not collect any other personally
identifiable information from kids during our registration process, in order
for them to participate in the Wallaby Friends Pen Pal program. The information
that we collect is reasonably necessary to ensure participation in the service
provided.

We require a
high level of verification to confirm that the parent and/or legal guardian has
given permission for the kid's participation in our program and no child can
participate without a parent or legal guardian completing and signing the
consent form.

For the
purposes of the Wallaby Friends Pen Pal program, we require applicants to
choose a ‘Nickname’ in order for their application to be
processed.  The Nickname is to be
used for corresponding to another ‘applicant’ in either Australia
or USA, to ensure privacy and security is maintained for all members involved
in our penpal program/s. At Wallaby Friends, we recommend that Nicknames can be
animals, cartoon characters, etc.
We advised strongly against the use of inappropriate names been chosen,
in which case, a staff member at Wallaby Friends will contact the
individual’s parent / legal guardian involved, to advise of an
alternative more suitable Nickname.

COOKIES AND WEB BEACON

Our Web site/s collect information through a variety of methods, including
cookies and Web beacons. Cookies are pieces of information that a Web site
sends to your computer while you are connected to the Web site. Web beacons are
small pieces of data that are embedded in images on the pages of Web sites.
Cookies, web beacons and other technical methods may involve the transmission
of information either directly to us or to another authorized party.

The information collected through these technical methods may be used various
purposes, including delivering content, tracking and enhancing our Web sites.
Technical methods may be used to analyze traffic patterns on our Web site, such
as the frequency with which our users visit various parts of our Web
sites.  Wallaby Friends does not
disclose any personal information to third party companies to display
advertisements and/or services on our site unless if already agreed upon
through a Signed Agreement, as per in the case of a signed Agreement for the
Wallaby Partners program.  Wallaby
Friends will send emails for confirmation of service and essential service-related
business issues that will be provided to you will comply, with the requirements
of the CAN-SPAM Act.

Like most sites, each time
you visit our Site, we automatically collect your IP address and the web page
from which you came. We use this information to administer and optimize the
Site for you and to diagnose problems with our Site. We use your IP address to
help identify you and to gather broad demographic information about you.

HOW IS MY INFORMATION USED?

All information
collected during the registration process for our programs and memberships is
used solely for the purpose of providing our members participation in the program
or the membership/s that we offer.
Participation is voluntary, however in order to be registered it is
necessary that all sections on the forms be completed; otherwise Wallaby
Friends may not be able to provide services to you.

Wallaby Friends
does not sell, trade, rent or otherwise transfer your
personally identifiable information to outside parties.  This does not include trusted third
parties for conducting our business and servicing you.  We may release your information upon the
request of law enforcement personnel, to protect our or other’s rights,
property or safety.

Wallaby Friends
may share non-individual, aggregate information (e.g. non-personally
identifiable information) about our users internally and externally with third
parties, such as principles, teachers, schools, clubs,
organizations and/or business partners. We also use personal information
collected on our site internally, however, it is our policy to not disclose
externally with third parties personal information collected on our site other
than, state, country, age, gender, hobbies/interests and nickname to pass on to
your “Pen Pal” match to ensure added privacy and protection for our
members and schools for the Wallaby Friends program.  In regard to Wallaby International Partner
Program, that Wallaby Friends offers our customers, our website will display
company information, phone, email, website address and a brief description of
the service / discounts that each organization will offer to our
customers.  This information will be
displayed on our site and is for public viewing.

SECURITY

The security
and confidentiality of your information is extremely important to us and we
have implemented measures to protect you and your child’s information
from unauthorized access and/or improper use.   Please be aware and understand that,
despite our best efforts, no security measures are perfect or impenetrable.

To ensure added
privacy and protection for the Wallaby Friends Pen Pal programs, the individual
and/or school (club or organization) ‘representative’ is required
to mail all letters to our mailing address for Wallaby Friends to mail to the
corresponding nominated exchange school and/or individual.  The exchange school and/or individual
will not be informed of the actual school (or real name of the individual) they
are corresponding with, with the exception of the country and state in which
that school (and/or individual) resides. The membership database to the Wallaby
Friends program is not connected to the internet. It is recommended that the
parent/legal guardian of the member enrolled in the Wallaby Friends Program
contacts Wallaby Friends immediately should they become aware of any
inappropriate material (including but not limited to photos, etc) or breach of
any individual privacy information is exchanged during the course of
membership.

HOW DO I ACCESS, UPDATE OR DELETE MY
INFORMATION?

At any time
parents of the child participating in the Wallaby Friends Pen Pal Programs, can
refuse to permit us to collect further personal information from their child
and can request that any personal information we have collected be deleted from
our records. Parents / Legal Guardians can deny access, change, or delete the
personally identifiable information that we have collected from their children
by sending an email to [email-masked].

In addition to
this, Wallaby Friends requires that all changes, updates, deletions of
information, opting out of requests be made directly to [email-masked].

OTHER WEBSITE LINKS

This privacy
policy statement applies to Wallaby Friends services only.  As our website/s may include links to
other websites, as a convenience to you, your information is subject to their
privacy statements. For any website you visit, we request that you read the
Privacy Policy statement. Wallaby Friends is not responsible for the content of
any other sites linked to this site.
Your linking to pages off-site or any other
website is solely at your own risk and Wallaby Friends is not responsible for
these website and/or their content.

NO TOLERANCE POLICY

Wallaby Friends enforces a
strict no tolerance policy regarding child safety and will not tolerate any
inappropriate material to be exchanged during the course of active membership.
Membership will cease effective immediately upon awareness that a violation in
any manner has occurred and necessary law enforcement personnel will be
notified to address the issue. It is recommended that all users, members and
visitors to this site familiarize themselves with the Children’s Online
Privacy Protection Act (COPPA).
Wallaby Friends is to be notified immediately should any inappropriate
activity or privacy policy be breached. Wallaby Friends will fully cooperate
with any law enforcement authority or court order requesting Wallaby Friends to
disclose the identity of anyone involved in conduct that would be considered a
criminal offense or violation of any law.

CONSENT

By using this
site, you consent to our Privacy Policy and Terms and Conditions Usage
Agreement.

CONTACT US

If you need
further assistance, wish to cancel membership and/or have any matters about
this Privacy Policy; please feel free to send an e-mail with your questions or
comments to:  [email-masked]

or write to us at:

Wallaby Friends

PO Box 2905

Hillsboro, OR
97123

USA

© 2009-
2011 Wallaby Friends All Rights Reserved.