Terms and Conditions

Effective date: 11/11/24

Welcome to Property Basics! We are PROPERTY BASICS PTY LTD (ABN 92 680 230 004). Thank you for your interest in our services!

In these terms, we also refer to Property Basics as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you sign up for any of our Services through our website, being www.propertybasics.com.au and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you sign up for any of our property related program or use our other services (Services) through this Website.

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 use any of our Services (applies when you use our Services and incorporates Part C.)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse and incorporates Part C)
  • PART C: Liability and warranties, and interpretation provisions (applies to our Services and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or our Services unless you have read and agree to these terms.

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and you use, the Services, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Services” in these terms, we mean:

  1. the Home Build program or any other Property Basics programs we offer through this Website or our resource portal (Program);
  2. access to the online materials and video resources within the Program (Learning Materials);
  3. access to our Property Basics’ “The Team” forum (Forum);
  4. any one-on-one sessions advice we may offer (Expert Support).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you sign up for our Services, please carefully read these terms. If you don’t agree to these terms, please don’t sign up for our Services. By clicking “accept” when you create an account, or otherwise proceed to engage with the Services, you agree to be bound by these terms.

DISCLAIMER

Property Basics is an online platform that provides online courses, resources and support for people looking to learn anything property related.

  1. (No certification) While the Program has been prepared with every effort to help each user with learning and understanding the relevant content, the information provided in our Program is general in nature and is not reviewed, endorsed, accredited by any specific education provider or other regulatory authority.
  2. (Information) All information provided by us as part of the Services is general in nature, based on Property Basics’ knowledge and experience. Except where specifically stated otherwise, our Services do not consider your personal circumstances or specific goals. All information provided as part of our Services is not intended to be a substitute for professional advice of any kind and should not be relied on as such.
  3. (No results guaranteed) We do not guarantee any results from use of the Services, including whether the content will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Program you will achieve any particular outcomes (e.g. a particular quality or style of build or renovation).
  4. (No responsibility) We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your building projects and you undertake any such projects entirely at your own risk. We do not supervise, certify, or review and of your aspect of your building projects.
PART A

FOR WHEN YOU USE OUR SERVICES

 1.0 SIGNING UP FOR OUR SERVICES

By ticking the box to agree to these terms, you represent and warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf). You must be 18 years or older to sign up for our Services.

2.0 SUBMITTING AN ORDER

  1. By submitting an order for our Services using the Website’s functionality (Order), you represent and warrant that:
    1. you are at least 18 years of age and have the legal capacity to enter into a binding contract with us; and
    2. you are authorised to use the debit or credit card you provide with your Order.
  2. 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 Services you have ordered in exchange for your payment of the total amount listed upon checkout.
  3. The Services and associated fees (Fees) will be set out on our Website.

3.0 ACCOUNTS

  1. To use any of our Services or to submit an Order, you will need to create an account (Account) and pay any Fees in accordance with clause 8.
  2. As part of the Account registration process and otherwise as part of your 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, and other information as determined by us from time to time
  3. 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.
  4. 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.
  5. 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 Learning 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 Program or if you do not comply with these terms.
  6. Creating an Account, submitting an Order, or using any of the Services, constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Services you have ordered in exchange for your payment of the total Fees listed upon checkout (if applicable).

4.0 LICENCE

  1. Once you have signed up for an Account, you will be granted a limited licence access to the Services for the period of time specified on the Website for the relevant package you selected (Course Term) your own personal, non-commercial purposes.
  2. Where you purchase access to the Services for a limited Course Term (e.g. 12 months), your licence will automatically terminate upon expiry of that period and you will no longer have access to any of the Services unless you reactivate your Account and pay any further applicable Fees.
  3. Where you purchase a package advertised as including “lifetime access”, that access will continue for as long as the relevant Course is made available on our Website, with a minimum guaranteed period of twelve (12) months from the date of purchase. If the Course is permanently withdrawn after that guaranteed period, your licence will terminate at that time (unless we offer you equivalent alternative content at our discretion).

5.0 PROGRAMS

  1. All of our Programs are carefully designed to teach you the content described on our Website as being included in that Program.
  2. We will endeavour to ensure that the Programs provided will be substantially the same as the Program as described on our Website.
  3. Our Learning Materials may contain pre-recorded videos, written content, graphics and images, to be viewed online through your Account and not downloaded unless otherwise stated to be a digital download that may be downloaded.
  4. All of the content accessed as part of the Program and any Learning Materials must not be reproduced or republished in any way which is not expressly permitted in this Terms or otherwise in writing by us. You are responsible for managing your Account and ensuring that you only access and engage with the Program in an appropriate manner.
  5. You acknowledge and agree that any Learning Materials available within the Program 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 Program with anyone else.
  6. Many factors will be important in achieving your property goals and there is no guarantee that you will achieve results similar to any other person who has viewed or used the Programs, Learning Materials, Expert Support, Forum or other member of the Program, or that any results at all will be achieved. We are not responsible for any of your actions, and any ideas, recommendations or techniques implemented by you are done so at your own risk.

6.0 “THE TEAM”

6.1 FORUM

  1. Some Programs also includes access “The Team” discussion forum for you and other users of the Program (Forum).
  2. By posting any messages, information, or other content on any Forum (Posted Material), you represent and warrant that:
    1. you are authorised to post the Posted Material;
    2. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
    3. the Posted Material does not infringe any Intellectual Property Rights (defined in clause 10 below);
    4. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Forum, or any network or system; and
    5. the Posted Material does not breach or infringe any applicable laws.
  3. You acknowledge and agree that:
    1. you are responsible for your own conduct in the Forum and if you participate in the Forum or rely on any information obtained from the Forum, you choose to do so at your own risk;
    2. you must at all times be respectful of others, including not posting any explicit, pornographic, homophobic, racist or otherwise offensive or derogatory material;
    3. Posted Material from other users is not necessarily screened by us and if you rely on any such Posted Materials without checking the accuracy or veracity yourself, you do so at your own risk.
  4. By posting the Posted Material on the Forum, you grant us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Posted Material.
  5. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.
  6. You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

6.2 PRIVACY OF POSTED MATERIALS

Our Website is designed to be a safe and supportive community where members can share their challenges and progress related to their participation in the Services. You must not share or otherwise disclose Posted Material uploaded by other members with those outside the community, and respect that other members may share personal information in the understanding that such information will remain only within the community.

6.3 POSTED MATERIALS - IP LICENCE

By uploading any Posted Materials, you grant to Property Basics (and its agents or service providers) 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 that Posted Material in order for Property Basics to use or otherwise enjoy the benefit of such Posted Material.

6.5 REMOVAL OF POSTED MATERIALS

We don't have any obligations to screen Posted Material in advance of it being posted and your compliance with these terms is your responsibility. However, we may, if we choose, review and remove any Posted Material at any time without giving any explanation or justification for removing the material and/or information.

7.0 EXPERT SUPPORT

  1. As part of the Services, we may from time to time engage industry experts, qualified professionals, or other experienced individuals (Experts) to:
    1. provide one-on-one advice and/or guidance to users in exchange for an additional Fee as specified on the Website;
    2. present additional Learning Materials as facilitated by Property Basics from time to time;
    3. respond to specific queries or Posted Materials in the Forum; (together, “Expert Support”).
  2. When signing up for the Services, you acknowledge and agree that no minimum amount of Expert Support is guaranteed by Property Basics and may vary from time to time.
  3. Property Basics’ cannot guarantee that our Expert(s) will reply to a particular query within a time frame (or at all) on the Forum.
  4. If you require specific advice from an Expert, you may be required to pay additional Fee to access one-on-one Expert Support.
  5. While our Experts have the relevant qualifications (if any) set out on the Website, Property Basics is not a registered provider of any particular property related services including, without limitation, conveyancing, planning services, building design, or construction services. You must not rely on any Expert Support as a substitute for obtaining your own professional advice which takes into account all of your personal circumstances and Property Basics will not be liable to you for any loss arising from your failure to obtain professional advice.

8.0 PAYMENT

  1. All prices are:
    1. in Australian Dollars; and
    2. subject to change prior to you completing an Order without notice.
  2. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Services at the time of placing an Order in advance of receiving access to any of the Services.
  3. (Refunds) Once you have created your Account and been provided access to the Services, we generally do not allow for change of mind cancellations or refunds unless otherwise agreed by us in writing or as set out in our Refund Policy accessible at: https://www.propertybasics.com.au/refund-policy . Nothing in this clause 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).
  4. (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Property Basics, you must pay the GST subject to Property Basics providing a tax invoice.
  5. (Card surcharges) We reserve 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).
  6. (Online payment partner) We may use third-party payment providers to collect payments for Services such as Kajabi (Payment Providers). 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 and we are not 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.
  7. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), 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.

9.0 COLLECTION NOTICE AND PRIVACY

  1. We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. 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.
  3. By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

10.0 INTELLECTUAL PROPERTY

10.1 CLIENT CONTENT

  1. You grant to us (and our subcontractors, employees or agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Content to the extent reasonably required to provide the Services.
  2. You:
    1. warrant that our use of Client Content as contemplated by the Services, will not infringe any third-party Intellectual Property Rights; and
    2. will indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

10.2 OUR IP

  1. Intellectual Property Rights in our Services and any other Material 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.
  2. You will not under these terms acquire Intellectual Property Rights in any of Our IP.
  3. You are granted a single use licence to the Material in the Services and the Intellectual Property Rights in the Material for the sole purpose of your individual learning. You must not attempt to copy, mirror, broadcast, reproduce, adapt, vary, modify, sell or otherwise commercialise the Material.

10.3 DEFINITIONS

For the purposes of this agreement:

  1. ”Client Content” means any documents or Material supplied by you to us under or in connection with these terms, the Services or an Order, including any Intellectual Property Rights attaching to that Material.
  2. “Our IP” means all Materials owned or licensed by us, including all Learning Materials, and any Intellectual Property Rights attaching to those materials.
  3. “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.
  4. “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

11.0 CANCELLATION

11.1 AUTOMATIC CANCELLATION

Where you purchase Services which include access for a limited Course Term, your Account will be terminated automatically if you choose not to extend your access to the Service by paying the applicable Fees set out on the Website.

11.2 CANCELLATION BY YOU

If you would like to cancel your Account, you may do so using the functionality provided on the Website.

11.3 CANCELLATION BY US

  1. To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services and your Account at any time by written notice, for any reason.
  2. We may also terminate your access to your Account at any by written notice if you breach any provision of this agreement and you will not be provided with a refund of any Fees.

11.4 EFFECT OF CANCELLATION

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.

11.5 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

12.0 PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

  1. You are not permitted to publish any information regarding the Services online or on social media (or both) unless you have received our prior written consent.
  2. If you provide photos to us of your work applying what you have learnt from the Services, or provide us with a testimonial of the Services, 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.

13.0 DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

14.0 THIRD PARTY SUPPLIERS

  1. We may do any of the following:
    1. outsource any part of performing any services related to providing the Services; or
    2. procure materials, services and products from third party suppliers, without further notice to or permission from you.
  2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing the Services or other services or goods.

15.0 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process that you employ for accessing the Services does not expose you to risk of viruses, malicious computer code or other forms of interference.

16.0 SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

  1. the Services will be free from errors or defects;
  2. the Services will be accessible at all times;
  3. information you receive or supply through the Services will be secure or confidential; or
  4. any information provided through the Services is accurate or true.
PART B

FOR WHEN YOU BROWSE THIS WEBSITE

17.0 MARKETING

By providing your email address or phone number to us, you consent to us to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link).

18.0 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.

19.0 YOUR OBLIGATIONS

You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Property Basics;
  2. use the Website for any purpose other than the purposes of browsing, selecting, purchasing, or using the Services;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. 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;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of the Property Basics, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    4. instigate or participate in a denial-of-service attack against the Website.

20.0 INFORMATION ON THE WEBSITE

  1. 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 we do not (to the maximum extent permitted by law) guarantee that:
    1. the Website will be free from errors or defects (or both, as the case may be);
    2. the Website will be accessible at all times;
    3. messages sent through the Website will be delivered promptly, or delivered at all;
    4. information you receive or supply through the Website will be secure or confidential; and
    5. any information provided through the Website is accurate or true.
  2. 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.

21.0 INTELLECTUAL PROPERTY

  1. Property Basics 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.
  2. You 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 Property Basics or as permitted by law.

22.0 THIRD PARTY TERMS AND CONDITIONS

  1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
  2. You agree to any Third Party Terms applicable to any third party goods and services, and Property Basics will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

23.0 LINKS TO OTHER WEBSITES

  1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
  2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

24.0 THIRD PARTY HOSTING

  1. This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
  2. To the maximum extent permitted under applicable law and our agreement with our third party hosting 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.

25.0 SECURITY

Property Basics 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.

26.0 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.

PART C

LIABILITY AND OTHER LEGAL TERMS

27.0 LIABILITY

  1. (Liability) To the maximum extent permitted by law and subject to clause 27.0.2, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the Fees paid by you to Property Basics. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
  2. Clause 27.0.1 does not apply to your liability in respect of loss or damage sustained by Property Basics arising from your breach of clauses 6, 10, and 19.
  3. All express or implied representations and warranties in relation to the Services, the Website, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
  4. 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). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
  5. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’ breach of any of these terms.
  6. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we 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 arising under or in connection with the Services, the Website, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

28.0 DISPUTE RESOLUTION

  1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
  2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

29.0 NOTICES

  1. A notice or other communication to a party under these terms must be:
    1. in writing and in English; and
    2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
  2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
    1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    2. when replied to by the other party,

whichever is earlier.

30.0 GENERAL

30.1 GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales 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.

30.2 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.

30.3 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.

30.4 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.

30.5 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

30.6 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.

30.7 ENTIRE AGREEMENT

These terms 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.

30.8 INTERPRETATION

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (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;
  4. (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;
  5. (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;
  6. (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;
  7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  10. (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.

 

 

 

 

 

 

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