When you (you) acquire points (PSY Points) from Voltura Labs Pty Ltd (ACN 655 142 644) (Voltura Labs, us, we) you must agree to the terms and conditions set out in this document (PSY Points Terms), the NFT Licence (Licence), the NFT Terms of Sale (Terms of Sale) and Privacy Policy (Privacy Policy) available on our Website which apply to you.

1. Applicability of PSY Terms
   1. All PSY Points acquired by you are subject to these PSY Points Terms and the Licence, unless otherwise agreed in writing and by acquiring PSY Points, you are agreeing to be bound by these PSY Points Terms and the Licence.
   2. The use of any NFTs or Traits redeemed for PSY Points are subject to, without limitation our Website Terms and our Privacy Policy and any ancillary document relating to the Licence and the terms and conditions of any Participating Website.
   3. Termination of these PSY Points Terms for any reason will not affect any obligations which have arisen prior to termination.
   4. We may, in our absolute discretion, change these PSY Point Terms for any reason without notice to you.
2. Member Eligibility
   1. Membership of the PSY Points Program is only open to individuals. Membership is not open to families or groups, companies or partnerships, trusts, agencies, other entities, government departments, animals or anything other than an individual person.
   2. Voltura reserves the right to reject or withdraw any persons membership to the PSY Points Program at any time.
   3. Persons wishing to be Members must:
      1. connect their Digital Wallet with one of our Participating Websites or otherwise have a registered account with a Participating Website;
      2. have been notified with a username for the PSY Points Program by a Participating Website (which will always be your unique Digital Wallet address);
      3. meet any Qualifying Action as advertised through social media (including but not limited to Twitter, Facebook and Instagram) from time to time, which we may change in our absolute discretion and without notice to you; and
      4. comply with these PSY Points Terms at all times and any ancillary terms and conditions of a Participating Website without limitation.
3. Acquiring PSY Points
   1. Distribution of PSY Points
      1. You may only acquire PSY Points by holding an NFT you Own or NFTs you Own from our NFT Collections in your Digital Wallet;
      2. The amount of PSY Points you may be eligible to acquire will be directly referrable to the length of time you have held an NFT or NFTs from our NFT Collections in your Digital Wallet;
      3. If, for any reason, you cease holding an NFT or NFTs from our NFT Collections in your Digital Wallet, then you will no longer be eligible to acquire any PSY Points referable to that NFT or NFTs;
      4. Details on current rates and holding times for acquiring PSY Points will be advertised on Participating Websites from time to time or as advertised through Qualifying Actions, which we may change in our absolute discretion and without notice to you;
      5. The PSY Points Program is intended to reward Members for their continuing support and patronage to Voltura and its Participating Websites, Voltura reserves the right in its absolute discretion to penalise, reduce, remove or revise your PSY Points balance if you breach these PSY Points Terms for any reason or fail to comply with any ancillary terms and conditions of a Participating Website without limitation, including the terms of the Licence or Terms of Sale;
      6. PSY Points transferred to you are your own responsibility;
      7. PSY Points will not expire provided you are an Active Member. If you are not an Active Member PSY Points may expire at any time at our discretion and once expired will not be restored. PSY Points have no monetary value and upon expiration you have no claim against us of any kind whatsoever;
      8. PSY Point balances are managed centrally by us on our internal database and are not recorded on a blockchain. You are not able to view other Members’ PSY Point balances under a wallet address or by any other means;
      9. PSY Points may be awarded for other activities and subject to Qualifying Actions as advertised by us on Participating Websites from time to time, which may include activities such as using our app or software and participating in our forums or ecosystem in ways we consider, in our absolute discretion, beneficial to our ecosystem.
   2. Member Benefits
      1. Other than as set out in clause 4, Member Benefits may be advertised from time to time on Participating Websites.
      2. Member Benefits may include bonus points or special offers which may require you to comply with Qualifying Actions or other eligibility requirements.
      3. Any Member Benefits advertised on Participating Websites may be subject to further Terms and Conditions which you may need to comply with, and we reserve the right to withdraw or revise any advertised benefit at any time without reason and in our absolute discretion.
   3. Acknowledgements – NFT features
      1. Without limiting clause 3, Voltura does not make any representations or give any warranties, assurances or conditions about:
         1. the value and/or price of the NFTs or Traits;
         2. the functionality of the NFTs or Traits;
         3. the NFTs (or Traits) status or compliance with any laws (including whether the NFTs would be considered to be a security or financial product in any jurisdiction); or
         4. the fitness or suitability of the NFTs or Traits for any purpose.
      2. You acknowledge that we will not be liable to you for any Loss or Claim in connection with the conditions and or features of the NFTs or Traits.
      3. You acknowledge that if you purchase NFTs, the NFTs are not sold as, or represented to be, a security or other financial product and nothing we publish is in any way financial or investment advice to you or any other person.
      4. You acknowledge that you are solely responsible for seeking tax advice and legal advice in connection with any purchase of the NFTs.
      5. Your rights in the NFT you Own are limited to those expressly stated in the Licence. We (and our licensors) reserve all rights and ownership in and to the Intellectual Property Rights in the art associated with an NFT you Own that are not expressly granted in the Licence.
4. Redeeming PSY Points
   1. Redeeming NFTs
      1. From time to time we will allow you to redeem NFTs from our NFT Collections with your PSY Points.
      2. NFTs redeemed with PSY Points will be subject to the Terms of Sale and Licence.
      3. The Purchase Price for any NFT may be advertised as denominated in Digital Currency or PSY Points, NFTs purchased with PSY Points are not redeemable for the same Purchase Price in Digital Currency.
      4. Any NFT where a Purchase Price is advertised as denominated in PSY Points may only be purchased for that total amount of PSY Points, NFTs are not able to be partially purchased in PSY Points and Digital Currency.
   2. Redeeming Traits
      1. From time to time we will allow you to use your PSY Points to redeem Traits from the New Dawn Marketplace;
      2. Traits redeemed with PSY Points must be used as part of the Extraction and Construction processes set out on the New Dawn Marketplace and can not be used for other purposes; and
      3. Unused or expired Traits will not be re-credited to you.
   3. Redeeming Coupons
      1. From time to time we may allow you to use your PSY Points to be redeemed for Coupons;
      2. You acknowledge that, upon receipt of the Coupon, we shall not be liable to you for any Loss referrable to the Coupon including by your failure to redeem or recover any information associated with the Coupon;
      3. Unused or expired Coupons will not be re-credited to you;
      4. Coupons cannot be exchanged for money or replaced if lost, stolen, damaged or destroyed and is subject to the terms and conditions described as part of the award of the Coupon;
      5. Coupons can only be used for the purposes described as part of the award of that Coupon.
   4. Other ways to redeem
      1. PSY Points may be redeemed other activities including other Member Benefits and subject to Qualifying Actions as advertised by us on Participating Websites from time to time, which we consider, in our absolute discretion, beneficial to our ecosystem.
5. Transferring PSY Points
   1. Transfers
      You may transfer PSY Points only to another account which they own and control and may not under any circumstances transfer PSY Points to any other Member. Such a transfer may have tax implications and you should check with your accountant or tax adviser for further information. Any transfer made in breach of this clause may result in voiding of the PSY Points held by you.
6. Obligations
   1. Voltura obligations
      1. We will endeavour to maintain our database of PSY Points and keep up-to-date all PSY Point balances referrable to you.
      2. Requests by you to redeem PSY Points for NFTs, Traits, Coupons or other Member Benefits will be honoured unless we have legitimate reason not to or unless you have breached, or we have good reason to suspect you have breached, these PSY Point Terms or any ancillary terms and conditions.
   2. Member obligations
      1. You are responsible for ensuring that you have sufficient PSY Points to redeem for any NFT, Trait, Coupon or other Member Benefit you may request.
      2. You must not:
         1. do any thing or act in any way that breaches any of the terms in these PSY Points Terms or in any ancillary terms and conditions including on a Participating Website without limitation;
         2. abuse or misuse the PSY Points Program or any benefits accorded to you as a result of membership in the PSY Points Program;
         3. engage in illegal or fraudulent activities;
         4. supply false of misleading information to us or through a Participating Website;
         5. sell, assign or transfer their PSY Points or their membership in the PSY Points Program other than in accordance with these PSY Points Terms;
         6. act in a hostile, abusive, aggressive, unruly or unreasonable manner to us, or our Personnel, through any means including social media;
         7. refuse to follow the reasonable instructions of us, or our Personnel, in relation to the PSY Points Program or with regards to participating in any services provided by us to you or through a Participating Website.
      3. You are responsible for, and we are not responsible for your failure to:
         1. regularly check any PSY Points balance associated with your username/Digital Wallet; or
         2. immediately notify us of any omissions, incorrect amounts, incorrect transactions or other discrepancies referrable to the PSY Points balance associated with your username/Digital Wallet.
7. Termination
   1. Termination
      We may terminate this agreement and expire any PSY Points you hold:
      1. with immediate effect if you breach any of the Member Warranties in clause 9.2; or
      2. if you commit a material breach of your obligations under these PSY Points Terms and fail to remedy such breach (if capable of remedy) within 30 days of receipt of notice requiring you to do so.
   2. Effect of termination
      1. Other than as set out below, termination of this agreement does not affect the rights of the parties which have accrued prior to termination.
      2. All PSY Points acquired by you and existing on the date of termination but not yet redeemed or transferred will be reversed or cancelled or expire automatically and you shall have no claim of any kind against us in respect of such reversal, cancellation or expiration.
      3. We may cancel or refuse to honour any benefits, purchases, or both, that have been redeemed by or provided by you.
8. Acknowledgements
   You acknowledge and agree that:
   1. The amount of PSY Points, conditions and Qualifying Actions required to redeem any NFTs, Traits, Coupons or other Member Benefit will be determined by us in our absolute and sole discretion;
   2. The conditions for redeeming PSY Points are calculated in the manner set out on our Website or Participating Websites which we may in our sole discretion change without notice;
   3. We do not give warranty or make any representation in relation to the underlying value of any PSY Points;
   4. PSY Points are for use with the PSY Points Program and are not Digital Currency or money and cannot be used as a form of currency to pay for goods or services;
   5. We do not give warranty or make any representation that PSY Points will have any ongoing utility or value and may have no utility or value at any point in time;
   6. We may, in our absolute discretion, end the PSY Points Program and discontinue the use of any PSY Points referrable to you;
   7. Your Personal Information will be handled in accordance with our Privacy Policy;
   8. you are solely responsible for any decision to enter into a transaction in connection with the PSY Points Program, including the evaluation of any and all risks related to any such transaction;
   9. a significant degree of IT sophistication is required to safely deal in and store Digital Currency of any kind using a Digital Wallet;
   10. we are not a custodian for the purposes of any securities or financial product legislation, and transfers of any PSY Points are for transaction purposes only;
   11. we are not responsible for any Loss caused by your failure to act in accordance with our policies, procedures or in accordance with our reasonable directions which relate to Qualifying Actions;
   12. you engage in Qualifying Actions entirely at your own risk and understanding and we have not made any representations or warranties as to the IT security or ongoing availability of such services or that your access to PSY Points will be uninterrupted, timely or secure at all times;
   13. you understand and acknowledge that your access to your PSY Points remains contingent upon you remaining in control of the seed phrases and private key(s) associated with your Digital Wallet and that we will not store any information in connection with your Digital Wallet beyond that required for providing the PSY Points;
   14. we do not and cannot guarantee there will be any use for, or any particular amount available for any thing you may redeem the PSY Points for;
   15. we do not represent or guarantee any outcomes, or any financial return from your acquisition of any PSY Points from us;
   16. PSY Points are not intended for speculative use, are not offered, and are not intended to be a security or financial product and nothing we publish is in any way financial advice to you or any other person;
   17. NFTs may experience or may have extreme price volatility, including being worthless in the future; and
   18. we are not providing and will not provide any fiduciary, advisory, brokerage, exchange or other similar services to you or any other person.
   19. The regulatory status of digital assets including NFTs and Digital Currencies are uncertain and these PSY Points Terms may be amended from time to time to reflect a changing climate. We may consider matching a PSY Point to an ERC-20 token on a one-to-one basis, if and when there is regulatory certainty in Australia and the United States of America with respect to the status of a cryptographic token, however you acknowledge and agree that Voltura is not obliged to convert your PSY Points into cryptographic tokens at any time.
9. Warranties
   1. Our Warranties
      We represent and warrant that we will provide notice to you before we discontinue or alter the rights or features of the PSY Points Program.
   2. Member Warranties
      You warrant and assure us that in acquiring PSY Points from us:
      1. all information you supply is true and accurate as at the time it is given, including your acknowledge in accordance with these PSY Points Terms, and that any Digital Wallet address you provide to us has been generated in accordance with best practice security measures and no other party, other than you or your authorised representative, has used, or has access to, the seed phrases, private keys or analogous passwords required to effect transfers from, the Digital Wallet; and
   3. you are the lawful owner of any Digital Wallet nominated by you, and no person has any right, title or interest in your nominated Digital Wallet.
   4. Continuous warranties
      You represent and warrant to us that each of the Member Warranties is true and accurate, and not misleading or deceptive as at the date of these PSY Points Terms and, except as expressly stated, will be true, accurate and not misleading or deceptive each time PSY Points are provided to you.
   5. Notification
      You must disclose to us anything that has or will constitute a material breach of a Member Warranty or cause a Member Warranty to be untrue or inaccurate, as soon as you become aware of it.
   6. Mutual warranties
      Each party warrants and assures the other party that:
      1. if it is a company, it is duly incorporated and validly exists under the law of its place of incorporation;
      2. it is not subject to an Insolvency Event; and
      3. these PSY Points Terms constitute legal, valid and binding terms enforceable in accordance with its terms by appropriate legal remedy.
   7. Consumer Guarantees
      1. Certain legislation, including the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may provide you with rights, warranties, guarantees and remedies relating to your redeeming PSY Points acquired by you which cannot be excluded, restricted or modified in these PSY Points Terms (Statutory Rights).
      2. Nothing in these PSY Points Terms does, or is intended to, exclude any Statutory Rights to which you are entitled.
   8. Knowledge and awareness
      Where a warranty is given ‘to the best of a party’s knowledge, belief and awareness’, or ‘as far as the party is aware’ or with a similar qualification as to the relevant party’s awareness or knowledge, the party giving the warranty will be deemed to know or be aware of a particular fact, matter or circumstance if that party’s directors or senior management employees are aware of that fact, matter or circumstance, or would have become aware if they had made reasonable enquires as at the date of these PSY Points Terms.
10. Indemnity
    1. You agree to indemnify us and our Personnel and will keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Loss or Claim which we or our Personnel may suffer, sustain or incur arising from, or connected with, a breach of these PSY Points Terms without limitation.
    2. In addition, you must indemnify us and our Personnel and keep us and our Personnel indemnified at all times to the fullest extent permitted by law in respect of any Claim which we or our Personnel may suffer, sustain or incur arising from, or connected with, any breach of these PSY Points Terms, or any breach of all applicable laws, reduced to the extent of the Loss in respect of the Claim was caused by the negligent act or omission of us or our Personnel.
11. Limitation of liability
    1. Limitation of liability
       In the absence of a material breach of these terms by us or the gross negligence, fraud or wilful misconduct by us when providing you PSY Points, we will not be liable to you on account of anything done, omitted or suffered by us acting in good faith when providing you PSY pursuant to these PSY Points Terms, including in respect of a Force Majeure Event.
    2. Third party services
       Subject to clause 11.1, we will not be liable for the performance, errors or omissions of unaffiliated, nationally or regionally recognised third parties or decentralised networks such as, by way of example and not limitation: blockchain networks (whether private/permissioned or public), courier companies, national postal services and other delivery, telecommunications and other companies not under our reasonable control, and third parties not under our reasonable control providing services to the blockchain industry generally, such as, by way of example and not limitation, companies and other entities providing processing and payment or transaction services (including “Layer 2” or similar “roll-up” or optimisation services), banking partners, custody services, market making services and/or third party pricing services and decentralised blockchain networks such as, by way of example and not limitation, the blockchain(s) upon which any delivery of NFTs depends or forks of those blockchain(s).
    3. No liability for consequential loss
       Neither party will be liable to the other for any Loss or Claim in the nature of consequential or indirect loss, including without limitation loss of profits, loss of chance, loss of expectations, or loss or opportunity.
    4. Compliance with laws – No monitoring responsibilities
       1. We will have no liability or responsibility for your compliance with laws or regulations governing the use of the PSY Points. Further, you are solely responsible for compliance with all applicable requirements of any laws, rules, and regulations of governmental authorities in Your Jurisdiction.
       2. You further acknowledge that neither we nor any of our Personnel is, and will not be, by virtue of providing you PSY Points, an advisor or fiduciary to you.
12. Tax
    1. You acknowledge that Voltura distributes any PSY Points to you freely and for no monetary value as a result of your participation in the PSY Points Program and Voltura bears no tax liability for such distribution under any circumstances.
    2. You are responsible any tax liability in connection with you participating in the PSY Points Program and your use of any NFTs, Traits, Coupons or Member Benefits and all taxes, GST, duties, levies, fees, charges or other liabilities in connection with your participation and in connection with any PSY Points you may request.
    3. In addition to the PSY Points required to redeem anything mentioned in clause 4, the redemption of PSY Points and the supply of NFTs, Traits, Coupons or Member Benefits may be subject to taxes, GST, duties, levies, fees, charges or other liabilities. You are responsible for paying all taxes, GST, duties, levies, fees, charges or other liabilities. This applies to all items you may be able to redeem your PSY Points for without limitation. This clause survives termination or expiry of these PSY Points Terms and PSY Points Program.
    4. We recommends you consult an accountant or tax adviser to ensure you understand any possible tax (including fringe benefits tax) implications in relation to the PSY Program and any PSY Points you may request
13. Notices
    1. Unless a provision of these PSY Points Terms expressly state otherwise, a notice, consent, approval, waiver or other communication (notice) in connection with these PSY Points Terms must be in writing and in English and sent to, in the case of us, our nominated email, or in the case of you, to your nominated email or published on the Website with public access to such notice.
    2. Any notice will be deemed to be received within 24 hours of sending the electronic message (unless a rejection message is received) or publication online.
    3. A party must immediately notify the other party in writing of any changes to its contact details.
14. Disputes
    1. Proceedings suspended
       You must not begin legal proceedings in connection with a dispute arising out of or in connection with these PSY Points Terms unless the steps in this clause 14 have been followed. However, this limitation does not apply:
       1. to a party who wants to apply for equitable relief or urgent interlocutory relief; or
       2. to a party who attempts in good faith to comply with clauses 14.2, 14.3 and 14.4 but cannot do so because the other party does not comply with those clauses.
    2. Notice of dispute
       If a dispute arises out of or in connection with these PSY Points Terms (including the validity, breach or termination of it), a party may notify the other party to the dispute. The notice must specify the dispute and indicate that the notifying party wants the dispute to be referred to mediation.
    3. Commencement of mediation
       1. If the dispute is not resolved within 10 Business Days after a notice under clause 14.2 has been served (Notice Period), the dispute is by this clause 14.3 submitted to mediation.
       2. The mediation must be conducted in New South Wales, Australia in accordance with the mediation guidelines / rules of the Resolution Institute, save any process in these PSY Points Terms which is inconsistent with those guidelines or rules will take precedence to the extent of any inconsistency.
       3. If the parties have not agreed on the mediator and the mediator’s remuneration within 5 Business Days after the end of the Notice Period:
          1. the mediator is the person appointed by; and
          2. the remuneration of the mediator is the amount or rate determined by,
             the President of the Law Society of New South Wales or the President’s nominee, acting on the request of any party.
    4. If dispute not resolved
       If the dispute is not resolved within 1 month after the appointment of the mediator, you may take legal proceedings in connection with the dispute.
    5. Confidentiality
       Each party must keep confidential, all information relating to the subject matter of a dispute as disclosed during or for the purposes of dispute resolution under this clause 14, unless that party is compelled by an regulatory or government authority, court or tribunal to disclose that information.
15. General
    1. Governing law and jurisdiction
       These PSY Points Terms are governed by the laws of New South Wales and Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales division of the Federal Court of Australia and the courts of appeal from them.
    2. Amendment
       We reserve the right to amend these PSY Points Terms from time to time in our absolute discretion. Amendments will be effective as soon as such changes are notified to you in writing from time to time.
    3. Precedence
       Where there is inconsistency between these PSY Points Terms and other content displayed as part of the Website, the content of these PSY Points Terms will prevail to the extent of any inconsistency.
    4. Force Majeure
       We will not be liable for any delay or failure to perform our obligations under these PSY Points Terms if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, government sanctions or orders, whether known or unknown at the time the parties enter into these PSY Points Terms) (Force Majeure Event).
    5. Waiver
       A provision of these PSY Points Terms or a right created under it may not be waived except in writing signed by the party granting the waiver.
    6. Exercise of a right
       A party may exercise a right at its discretion and separately or together with another right. If a party exercises a single right or only partially exercises a right, then that party may still exercise that right or any other right later. If a party fails to exercise a right or delays in exercising a right, then that party may still exercise that right later.
    7. Remedies cumulative
       The rights and remedies provided in these PSY Points Terms are cumulative with and not exclusive of the rights and remedies provided by law independently of these PSY Points Terms.
    8. No merger
       The rights and obligations of the parties (including under the warranties) will not merge on completion of any transaction under these PSY Points Terms. They will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing any transaction.
    9. Assignment
       1. These PSY Points Terms are for the benefit of the parties and their successors and assigns. The parties and their successors and assigns are bound by these PSY Points Terms.
       2. We may assign our rights under these PSY Points Terms without your consent, including at any time.
    10. Severance
        If any provision of these PSY Points Terms are void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of these PSY Points Terms nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
    11. Entire agreement
        1. These PSY Points Terms constitute the entire agreement of the parties in respect of the subject matter of these PSY Points Terms and supersedes all prior discussions, representations, undertakings and agreements.
        2. None of our agents or representatives are authorised to make any representations, conditions or agreements not expressed by us in writing nor are we bound by any such statements.
    12. Further assurances
        Each party must, at its own expense, do everything reasonably necessary to give effect to these PSY Points Terms and the transactions contemplated by it, including but not limited to the execution of documents.
    13. Relationship
        Nothing in these PSY Points Terms constitutes the parties as partners or agents of the other and no party has any authority to bind the other legally or equitably save as expressly stated in these PSY Points Terms.
    14. Knowledge
        In these PSY Points Terms, a reference to the awareness or knowledge by you is a reference to the actual knowledge, information and belief you have as at the date of any transaction taking place pursuant to these PSY Points Terms.
16. Definitions
    In these PSY Points Terms:
    Active Member means, at any point in time, a Member who has used the services of us or a Participating Website in the previous consecutive 18 month period from that point in time;
    Business Day means any day except a Saturday or a Sunday or other public holiday in New South Wales, Australia;
    Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, however arising whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these NFT Terms and where and to the extent the context permits, includes all associated Loss;
    Corporations Act means the Corporations Act 2001 (Cth);
    Coupons means coupons, tickets or receipts (usually in the form of a code or number string) awarded to Members by us in our absolute discretion which may be redeemable for discounts on merchandise and other goods offered by us;
    Digital Currency means a cryptographically secured virtual currency or virtual asset which we identify as an acceptable means of payment or transacting with us;
    Digital Wallet means the applicable “Metamask” location, public key or wallet address, account or storage device which we choose to support for the delivery of the NFTs provided by us;
    Extraction and Construction means the processes of the same names offered as part of the services under the New Dawn Marketplace
    Intellectual Property Rights means any and all present and future intellectual property rights, conferred by statute, at common law or in equity and wherever existing, including:
    1. patents, inventions, discoveries, designs, copyright, moral rights, trade marks, service marks, trade names, brand names, business names, product names, domain names or rights in designs, art, images, drawings, know how, product names, trading styles, get-up, processes, methodologies, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
    2. any application or right to apply for registration of any of these rights or other rights of a similar nature arising or capable of arising under statute or at common law anywhere in the world;
    3. other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967;
    4. any registration of any of those rights or any registration of any application referred to in paragraph (b); and
    5. all renewals and extensions of these rights;
    Insolvency Event means the happening of any of the following events in relation to a body corporate:

    1. the body corporate becomes an externally-administered body corporate;
    2. a person is appointed a controller (as defined in section 9 of the Corporations Act), administrator, receiver, provisional liquidator, trustee for creditors in bankruptcy or an analogous appointment is made in respect of the body corporate;
    3. in Australia, the body corporate is taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act;
    4. the body corporate suspends payment of its debts, or enters, or takes any step towards entering, a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors;
    5. a secured creditor of the body corporate enforces its security in relation to its debt for an amount in excess of $50,000; or
    6. the body corporate is, or its directors state that it is, unable to pay its debts as and when they become due and payable;
    Loss includes any loss, damage, cost, charge, liability or expense (including legal costs and expenses);
    Members means any individual participating in the PSY Points Program in accordance with these PSY Points Terms;
    Member Benefits means any of the facilities, discounts, services or arrangements offered or available to a Member as a result of the PSY Points Program;
    NFT Collection means the Psychedelics Anonymous collection and any other NFT Collection we may advertise from time to time on any Participating Website
    New Dawn Marketplace means https://newdawn.xyz/nft-license and the platform or software (including a Blockchain Digital Wallet) which permits the transfer, purchase or sale of an NFTs and the acquisition of Traits, provided that the New Dawn Marketplace at all times cryptographically verifies the NFT owner’s right to Own the NFT or Trait;
    Participating Website means any website owned or run by us, or run by one of our partners which allows Members to participate in the PSY Points Program in accordance with these PSY Points Terms;
    Personal Information has the meaning set out in the Privacy Act;
    Privacy Act means the Privacy Act 1988 (Cth as amended from time to time.
    Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
    Privacy Policy means the privacy policy on the Website as may be varied by us from time to time;
    Purchase Price means the amount advertised for the purchase (or pre-purchase) of any NFT or bundle containing an NFT, which may be dominated in a Digital Currency or with PSY Points;
    PSY Points Program means the loyalty program whereby Members may be eligible to acquire PSY Points under these PSY Points Terms.
    Own means, with respect to an NFT, any NFT we have issued, that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of ownership is recorded on a blockchain system and you control the private key associated with a Digital Wallet to which the NFT is associated or located;
    Qualifying Action means any action or requirement to participate in the PSY Points Program or to redeem or acquire PSY Points as advertised on a Participating Website, or through social media operated by us, from time to time;
    Traits means individual components comprising an NFT which include characteristics that affect the look and rarity of the NFT which are deconstructed and acquired through the New Dawn Marketplace;
    Website means https://psychedelicsanonymous.com and/or any other website we may operate from time to time;
    Website Terms means the terms and conditions on the Website as may be varied from time to time; and
    Your Jurisdiction means the country or state where you are ordinarily resident or from which you enter into any agreement with us.
17. Interpretation
    The following rules of interpretation apply in these PSY Points Terms unless the context requires otherwise:
    1. singular includes plural and plural includes singular;
    2. reference to legislation includes any amendments to it, any legislation substituted for it, and any statutory instruments issued under it and in force;
    3. reference to a person includes a corporation, joint venture, association, government body, firm and any other entity;
    4. reference to a thing (including a right) includes a part of that thing;
    5. reference to a party includes that party’s personal representatives, successors and permitted assigns;
    6. references to time mean that time in New South Wales, Australia;
    7. if a party comprises two or more persons:
       1. reference to a party means each of the persons individually and any two or more of them jointly;
       2. a promise by that party binds each of them individually and all of them jointly;
       3. a right given to that party is given to each of them individually;
       4. a representation, warranty or undertaking by that party is made by each of them individually;
    8. headings do not affect interpretation;
    9. another grammatical form of a defined expression has a corresponding meaning;
    10. a provision must not be construed against a party only because that party put the provision forward; and
    11. a provision must be read down to the extent necessary to be valid; if it cannot be read down to that extent, it must be severed.