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Terms & Conditions

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

 

In these terms, we also refer to Charis C. as “our”, “we”, or “us”.
And you are you!

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What are these terms about?
These terms apply when you use this website, being xenicacollective.com and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase our templates, planners, questionnaires, and Online Course through this Website, including where you purchase any of our Products as part a bundle (“Products”).
When we say “Online Course” in these terms, we specifically mean our online self-led course itself (Online Course), including access to its associated content and materials (Course Materials) and Strategy Sessions.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: https://www.charisc .com/privacy-policy.


How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
Part A: Terms for when you buy Products (applies when you buy)
Part B: Terms for when you browse and interact with this Website (applies when you browse such as when you read our reviews, access our Affiliate Links and more)
Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.


I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.


Part A - For When You Buy Products…
1. SUBMITTING AN ORDER

  • By clicking “accept” and submitting an order for purchase of a Product, including enrolling into an Online Course, using the Website’s functionality (Order) you represent and warrant that:

    • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

    • you are authorised to use the debit or credit card you provide with your Order.

  • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

  • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

  • The Product price and associated fees (Fees) will be set out on our Website.

 

2. ACCOUNTS

  • To submit an Order, purchase a Product and/or to enrol into an Online Course, you may be required to sign-up, register and receive an account through the Website (an Account).

  • As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

  • You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date. We may verify any of the details provided by you, including your identity, by electronic means or otherwise.

  • Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

  • You must not give access to your Account to any other person. You are responsible for managing your Account and ensuring that you only access and engage with your Account in an appropriate manner.

  • We may revoke your licence and terminate your Account if we suspect, in our sole discretion, that you are misusing the licence (for example by distributing any Course Materials to other people or giving access to your Account to other people), you are making commercial use of or infringing our intellectual property rights in the Online Course or if you do not comply with these terms.

 

3. OUR ONLINE COURSE

General

  • This clause applies if you have purchased a Product that is an Online Course.

Scope and access

  • Our Online Course Products are designed to teach you about business and productivity.

  • We will endeavour to ensure that the Online Courses provided will be substantially the same as the Online Course as described on our Website.

  • Once we have received payment of the Order you will be granted access to the Online Course. The Online Course is provided in a self-led format, to be viewed online through your Account and not downloaded, reproduced or republished by you in any way.

  • You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.

Your online course licence

  • Once you have signed up for an Account, you will be granted a limited licence access to the Online Course for the period of time specified on the Website for the relevant package you selected (Course Term) your own personal, non-commercial purposes.

  • Where you purchase access to the Online Course for a limited Course Term (e.g. 3 months), your licence will automatically terminate upon expiry of that period and you will no longer have access to any of the Online Course unless you reactivate your Account and pay any further applicable Fees. 

  • You acknowledge and agree that any Course Materials available within the Online Course must only be used for your own personal and non-commercial purposes and will not be shared with anyone else unless we expressly allow you to do so. You must obtain our written permission if you want to share any element of the Online Course with anyone else.

  • We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

One-on-one access

  • Although our Online Courses are intended to be self-led, some Products may include access to fixed one-on-one Strategy sessions with Charis C. (Strategy Session) to assist you in understanding how to use and make the most of our Products.

  • The number and duration of Strategy Sessions are limited to the times set out on the Product you have purchased (e.g. 1 Strategy Session of up to 60 minutes or 2 Strategy Sessions up to 90 minutes).

  • (Bookings) You may make a booking for a Strategy Session by using the booking link provided by Charis C., or as otherwise using a booking method directed by Charis C. on the Product.

  • (Timing) It is your responsibility to ensure you attend your Strategy Session at the agreed time.

  • (Video Conference) Your Strategy Session will occur via a third party online video conferencing application (Session Platform), which we will notify you of prior to your Strategy Session. We recommend downloading the Session Platform prior to the Session’s scheduled start time. You agree to the Session Platform’s terms and conditions, and its policies apply to our provision of the Strategy Sessions to you. At the time of these terms, the Session Platform is Google Meet, and their Terms of Service are available here: https://policies.google.com/terms?hl=en-US. 

  • The Strategy Session will end at the scheduled time, regardless of whether or not you attend the Strategy Session on time. You will not be entitled for a refund in respect of your Product on the basis that you failed to attend. 

  • (Post Strategy Session Support) Following each Strategy Support Session, you may be complimentary support resources, which may include frequently asked questions (FAQs), access to group chats, and voice message communications (such as Voxer Support). You acknowledge and agree that this support is provided as a courtesy only and is not a guaranteed inclusion of each or any Products. Charis C. may vary, limit, or withdraw this support offering at any time and in its sole discretion.

 

4. ONLINE COURSE DISCLAIMER

  • While the Online Course has been prepared with every effort to help you with your business, the information provided in our Online Course is strictly a self-led resource and general in nature which is only designed to teach you about how you could identify opportunities to grow your business. 

  • Our Online Course does not take into account your personal circumstances or specific goals. All information provided as part of our Online Course is not intended to be professional advice of any kind and should not be relied on as such. 

  • Many factors will be important in determining whether you achieve any actual results in relation to your business and personal endeavours and there is no guarantee that you will be able to achieve your desired goals (whether communicated to us or not) within any timeframe or at all. You should obtain appropriate financial, legal and other professional advice before relying on the information provided during our Online Course. 

  • We make no representation or guarantee that our Online Course will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Online Course you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you or otherwise. Any decisions are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Online Course may not meet your specific needs, circumstances or goals.

Minor variations and risk

  • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order.

  • Until the price of your Products is paid in full, title in those Products is retained by Charis C.. 

Gift cards

  • We may issue gift cards for use on our Website.

  • Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.

  • Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.

Vouchers and discount codes

  • We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout. 

  • A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit. 

  • If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

 

5. PRODUCT AND ONLINE COURSE LIMITATIONS

While we will use our best endeavours to ensure our Products and Online Course is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:

  • the Product may have errors or defects, such as bugs, formatting errors and glitches;

  • the Product may not be accessible at times;

  • messages sent through Product may not be delivered promptly, or delivered at all;

  • information you receive or supply through the Online Course may not be secure or confidential; or

  • any information provided by the Product may not be accurate or true.

 

6. PAYMENT

  • All prices are:

    • per unit (except where indicated);

    • in United State Dollars; and

    • subject to change prior to you completing an Order without notice.

  • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

  • (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Charis C., you must pay the GST subject to Charis C. providing a tax invoice.

  • (Card surcharges) Charis C. reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

  • (Online payment partner) We may use third-party payment providers such as Stripe (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible here and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

  • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

 

7. CANCELLATIONS
REFUNDS AND CHANGES

  • Once we confirm your Order, including your Online Course, we generally do not allow for change of mind cancellations or refunds of your Products unless otherwise agreed by us in writing.

  • Nothing in this clause 7 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

EFFECT OF CANCELLATION FOR AN ONLINE COURSE

  • If you have purchased an Online Course, upon cancellation or termination of your Account, we will delete any other information associated with your Account. You may not be able to recover any of this after cancellation or termination of your Account so we recommend you back up anything important to you. We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation or termination of your Account.

8. PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

  • You are not permitted to publish any information regarding the Products online or on social media (or both) unless you have received our prior written consent.

  • If you provide photos to us of your work applying what you have learnt from the Products, or provide us with a testimonial of the Products, we may publish those photos or testimonials online, including on our Website or social media accounts, without any rights of accreditation to you. We may accredit you if appropriate information is provided.

 

9. INTELLECTUAL PROPERTY
Charis C. IP

  • Intellectual Property Rights in the Online Course and our Products and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

  • You will not under these terms acquire Intellectual Property Rights in any of Charis C. IP.

 

DEFINITIONS
For the purposes of this clause 8:

  • “Charis C. IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

  • “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

 

10. COLLECTION NOTICE AND PRIVACY

  • We may collect personal information about you in the course of providing you with our Products, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

  • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

  • By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

 

11. THIRD PARTY TERMS SUPPLIERS

  • If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms). This includes but is not limited to:

  • Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

  • You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and your Order will be cancelled in accordance with clause 7.

 

Part B - For When You Browse This Website…
12. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

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13. YOUR OBLIGATIONS
You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Charis C.;

  • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

  • use the Website with the assistance of any automated scripting tool or software;

  • act in a way that may diminish or adversely impact the reputation of Charis C., including by linking to the Website on any other website; and

  • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

  • gaining unauthorised access to Website accounts or data;

  • scanning, probing or testing the Website for security vulnerabilities;

  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

  • instigate or participate in a denial-of-service attack against the Website.

 

14. POSTED MATERIALS AND LEAVING COMMENTS
WARRANTIES

  • By providing or posting any comments, information, materials or other content on the Website (Posted Material), you represent and warrant that:

  • you are authorised to provide the Posted Material (including by being authorised to provide any Website that you represent you provide);

  • the Posted Material is accurate and true at the time it is provided;

  • any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

  • the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

  • the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 

  • the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

  • the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system; and

  • the Posted Material does not breach or infringe any applicable laws.

 

LICENCE OF POSTED MATERIALS

  • You grant to Charis C. a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Charis C. to use, exploit or otherwise enjoy the benefit of such Posted Material.

  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you release Charis C. from any and all claims that you could assert against Charis C. by virtue of any such moral rights.

  • You indemnify Charis C. against all damages, losses, costs and expenses incurred by Charis C. arising in connection with any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

 

REMOVAL

  • Charis C. acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Charis C. may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Website) at any time without giving any explanation or justification for removing the Posted Material.

  • You agree that you are responsible for keeping and maintaining records of Posted Material.

 

15. INFORMATION ON THE WEBSITE
GENERAL

  • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

    • the Website may have errors or defects (or both, as the case may be);

    • the Website may not be accessible at times;

    • messages sent through the Website may not be delivered promptly, or delivered at all;

    • information you receive or supply through the Website may not be secure or confidential; and

    • any information provided through the Website may not be accurate or true.

  • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

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INFORMATION FROM PRODUCT REVIEWS

  • Where information is provided on this Website as part of a review on third party services and products such as software-as-a-service ‘Saas’ (Product Review), you acknowledge and agree that all content, example, representation and/or recommendation made as part of a Product Review, is based on Charis C.’s research, personal experiences with such services and products, and the information provided from such third parties.

  • Although Charis C. will endeavour to ensure this information (and information in relation to products or services provided to us by third party services and product providers) in a Product Review is correct and up-to-date, we cannot guarantee that any information provided to us by third parties is complete, comprehensive, correct or up-to-date.

 

INFORMATION FROM AFFILIATES

  • Information provided on this Website is general information, and much of it is provided to us by our partners and affiliates (Affiliates), including information regarding the amount received by charitable organisations in connection with the Website. We will take reasonable measures to ensure this information (and information in relation to products or services provided to us by Affiliates) is correct and up-to-date, however we cannot guarantee that any information provided to us by Affiliates is complete, comprehensive, correct or up-to-date.

 

16. INTELLECTUAL PROPERTY ON THE WEBSITE GENERALLY

  • Charis C. retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

  • If you download any Website Content, you are granted a non-exclusive, non-transferable, revocable and non-commercial licence to the Website Content to the extent required for you to view the Website Content, and may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law, including for any commercial or illicit purposes.

  • You:

    • warrant that your use of the Website Content as contemplated by these terms will not infringe any third-party Intellectual Property Rights; and

    • will indemnify Charis C. from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.

  • In this clause 16, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

 

17. LINKS TO AFFILIATES AND OTHER WEBSITES

  • The Website may contain links to other websites that are not our responsibility, including links to our Affiliates (Affiliate Links). We have no control over the content of the linked websites and we are not responsible for it.

  • This Website operates as an independent business and all content including our articles and reviews are based on our own opinions and experiences. However, we reserve the right to monetise any Affiliate Links and from time to time, may receive a commission for the sale of any good or service you purchase through Affiliate Links. 

  • When you make a purchase, the price you pay will be the same whether you use the affiliate link or go directly to the Affiliate’s website using a non-affiliate link.

  • Otherwise, links to any third party websites, including Affiliate websites, are provided for convenience, and may not be maintained or remain current. We do not endorse and are not responsible for the content on third party websites and have no control over or rights in them.

  • The inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website. Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL).

 

18. THIRD PARTY PLATFORM

  • This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: Wix. 

  • To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

 

19. SECURITY
To the maximum extent permitted by law, Charis C. does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.


20. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

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Part C - Liability And Other Legal Terms
21. LIABILITY
WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

  • Products sold by Charis C., will have only the benefit of any warranty given, and insurance held, by the manufacturer (if applicable).

  • To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

 

LIABILITY

  • To the maximum extent permitted by law and subject to clause 21.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Charis C. under the most recent Order.

  • Clause 21.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of third party intellectual property rights.

  • Claims for loss of or damage to Products in transit must be made against the carrier.

 

CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:

  • in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

  • to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

 

22. GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

 

WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

 

SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.


JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.


ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.


COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.


ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.


INTERPRETATION

  • (singular and plural) words in the singular includes the plural (and vice versa);

  • (currency) a reference to $, or “dollar”, is to United States currency;

  • (gender) words indicating a gender includes the corresponding words of any other gender;

  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

  • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

  • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;

  • (includes) the word “includes” and similar words in any form is not a word of limitation; and

  • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

 

23. NOTICES 

  • Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 

  • If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 

  • The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

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