e-Commerce and Website Terms & Conditions

E-COMMERCE TERMS AND CONDITIONS FOR BUYING PRODUCTS AND SERVICES, AND JUST BROWSING

Welcome to the Company; My Interior Designers ABN 89 117 954 336  

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

By browsing this website, you also agree to our Website Terms and Conditions, available here.

What are these terms about?

These terms apply when you use this website, being www.myinteriordesigners.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products (“Products”) or services (“Services”) through this Website.

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

If you engage the Company for interior design consultation services and execute a separate Services Agreement and Order Form, the terms of that Services Agreement will govern your engagement and will prevail over these terms to the extent of any inconsistency in relation to those services. These terms continue to apply to your use of the Website and to any separate purchases of Digital Products or Free Guides.

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 and Services (applies when you buy)

                   Part B: Terms for when you browse and interact with this Website (applies when you browse)

                   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 or Services 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 or Services. 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 or Services. 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 or Services

1                   SUBMITTING AN ORDER

(a)               By submitting an order for purchase of a Product or Service using the Website’s functionality (Order) you represent and warrant that:

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

(ii)                you are authorised to use the debit or credit card you provide with your Order.

(b)               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 or Services you have ordered in exchange for your payment of the total amount listed upon checkout.

(c)                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.

2                   ACCOUNTS

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

(b)               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.

(c)                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.

(d)               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.

(e)               We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

3                   PRODUCTS AND SERVICES

3.1               PHYSICAL PRODUCTS (NOT CURRENTLY APPLICABLE)

(a)               We will use reasonable endeavours to ensure that the Products supplied are substantially consistent with the Products displayed on our Website or as otherwise agreed in writing prior to you placing your Order.

(b)               You acknowledge that Products may vary from images on the Website due to screen display, colour, brightness and image quality.

(c)                Title in the Products remains with us until payment has been received in full. Risk in the Products passes to you on delivery in accordance with clause 5.

(d)               You must not unreasonably refuse delivery of the Products. Nothing in this clause excludes any rights you may have under applicable consumer law.

3.2               DIGITAL PRODUCTS

(a)               Digital Products are supplied as downloadable files or accessible content via the Website.

(b)               We will use reasonable endeavours to ensure that Digital Products are substantially consistent with their description and preview on the Website.

(c)                You acknowledge that Digital Products may vary slightly due to differences in device display, resolution, colour and file format.

(d)               Upon payment in full, we grant you a non-exclusive, non-transferable, revocable licence to download and use the Digital Products for your personal or internal business use only, unless otherwise agreed in writing.

(e)               You must not reproduce, distribute, resell, sublicense, share, or otherwise exploit the Digital Products except as expressly permitted under these terms.

(f)                 Delivery of Digital Products occurs when the content is made available for download or access.

(g)               Due to the nature of Digital Products, all sales are final and we do not offer refunds for change of mind once access or download has been provided. This does not affect your rights under applicable law, including the Australian Consumer Law.

(h)               Digital Products, including pre-made design packs, may incorporate product images sourced from publicly available retailer and manufacturer websites, and inspirational images from platforms including Pinterest, reproduced for the purpose of design reference and product identification only. You acknowledge and agree that:

(i)                 ownership of all third-party images remains with their respective rights holders, including retailers, manufacturers and photographers;

(ii)                the licence granted to you in clause 3.2 (d) does not extend to any third-party images contained within a Digital Product, and you must not reproduce, publish or commercially exploit such images without independently obtaining the necessary permissions from the relevant rights holder;

(iii)               product availability, pricing and specifications shown in Digital Products reflect information available at the time of creation and are subject to change without notice; and

(iv)               Digital Products featuring Australian retailer products are designed for use in the Australian market and the Company makes no warranty that products featured are available outside Australia.

3.3               SERVICES

(a)               We may supply Services, including interior design consultations, packages or related services, as described on the Website.

(b)               We will provide the Services with due care and skill and in accordance with the description provided at the time of your Order.

(c)                The Services include only the scope and number of revisions specified in the applicable package or as otherwise agreed in writing.

(d)               Additional revisions or changes outside the agreed scope will be charged at our standard rates.

(e)               If you request material changes to the scope of Services, we may:

(i)                 issue a revised quote; or

(ii)                terminate the Services in accordance with these terms and refund any unused portion of the Fees, less work completed.

(f)                 You acknowledge and agree that:

(i)                 any recommendations, designs or advice provided as part of the Services are based on the information you provide;

(ii)                you are responsible for ensuring that any information, measurements or specifications you provide are accurate; and

(iii)               outcomes may vary depending on site conditions, third party suppliers and implementation.

(g)               Unless otherwise stated, Services are provided remotely and do not include project management, site visits or procurement.

(h)               We may refuse, reschedule or suspend the Services where you fail to provide required information or where circumstances outside our control prevent delivery.

(i)                 This does not affect your rights under applicable law, including the Australian Consumer Law.

3.4               FREE DOWNLOADABLE GUIDES

From time to time, the Company may make interior design guides and related content available for download free of charge (Free Guides). The following terms apply to all Free Guides:

(a)               upon downloading a Free Guide, the Company grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the Free Guide for your own personal, non-commercial purposes only;

(b)               you must not reproduce, redistribute, publish, sell, sublicense, share publicly or use any Free Guide for any commercial purpose without the prior written consent of the Company;

(c)                all intellectual property rights in Free Guides remain the exclusive property of the Company; and

(d)               Free Guides may contain third-party product images reproduced from publicly available retailer and manufacturer websites for inspirational and reference purposes. Those images remain the property of their respective owners and the licence granted in clause 3.4(a) does not extend to any third-party images contained within a Free Guide.

3.5               COOLING-OFF AND COMMENCEMENT

(a)               This clause applies only to Services purchased directly through the Website where no separate Services Agreement and Order Form has been executed. Where a Services Agreement and Order Form has been signed, the terms of that agreement govern exclusively and this clause does not apply.

(b)               For website-purchased Services only, you may cancel your order before work has commenced by providing written notice to us at support@myinteriordesigners.com.au If no work has commenced at the time of your notice, you will receive a full refund.

(c)                Once work has commenced, cancellation is no longer available. If you wish to end the engagement after work has commenced, clause 5.4 (Termination by You) applies instead.

(d)               For the purposes of this clause, work is taken to have commenced when the Company begins any briefing review, research or design activity in connection with your order, whether or not any output has been delivered to you.

(e)               We will not commence work on website-purchased Services until we have confirmed your order by email, and where possible, until we have made contact with you to confirm your requirements.

4                   PAYMENT

(a)               All prices are:

(i)                 per unit (except where indicated);

(ii)                in Australian Dollars; and

(iii)               subject to change prior to you completing an Order without notice.

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

(c)                (GST) The Company is not currently registered for Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Unless otherwise indicated, amounts stated on the Website do not include GST. If the Company becomes registered for GST, then to the extent that any supply made under these terms is a taxable supply, you must pay to the Company an additional amount equal to the GST payable on that supply, subject to the Company providing a valid tax invoice.

(d)               (Card surcharges) The Company 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).

(e)               (Online payment partner) We use third-party payment providers to process payments, including Shopify Payments (operated by Stripe) and PayPal (Payment Providers). The processing of payments will be, in addition to these terms, subject to the terms, conditions and privacy policies of the relevant payment provider — Shopify Payments terms are accessible at https://www.shopify.com/legal/terms-payments/au and PayPal's terms are accessible at https://www.paypal.com/au/legalhub/useragreement-full.

To the maximum extent permitted by law, we will not be liable for the security or performance of any payment provider. We accept payments via Visa, Mastercard, American Express, Apple Pay, Google Pay, Shop Pay and PayPal.

(f)                 (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.

5                   CHANGES TO YOUR ORDER

5.1               CANCELLATION BY US

We reserve the right to cancel your Order for any reason and will notify you as soon as possible. Where payment has already been made, the full amount will be refunded to your original method of payment.

5.2               CANCELLATION BY YOU

If you cancel:

(a)               Website-purchased service packages (where no separate Services Agreement and Order Form has been signed):

You may cancel your order at any time before work has commenced by contacting us in writing at support@myinteriordesigners.com.au. If no work has commenced, you will receive a full refund.

Once work has commenced, cancellation is no longer available. If you wish to end a service engagement after work has commenced, clause 5.4 (Termination by You) applies instead.

(b)               Higher-value packages under a signed Services Agreement and Order Form:

Where you have executed a Services Agreement and Order Form with the Company, the cancellation, termination and refund terms in that agreement apply exclusively. This clause does not apply to those engagements.

Nothing in this clause limits your rights under applicable law, including the Australian Consumer Law.

5.3               TERMINATION BY US

(a)               We may terminate the provision of Services on 10 days’ written notice.

(b)               We may terminate immediately or on shorter notice if:

(i)                 you fail to provide required information, approvals or access within a reasonable time;

(ii)                you fail to comply with these terms;

(iii)               you engage in unreasonable, abusive or inappropriate conduct; or

(iv)               your conduct or delay prevents us from delivering the Services within a reasonable timeframe.

(c)                If we terminate the Services:

(i)                 we will refund any fees paid for Services not yet performed; and

(ii)                we may retain fees for Services already performed and any costs reasonably incurred.

(iii)               any deliverables completed and paid for will be provided to you. Deliverables not yet completed and not fully paid for remain the property of the Company.

(a)               Nothing in this clause limits your rights under applicable law, including the Australian Consumer Law.

5.4               TERMINATION BY YOU

(a)               You may terminate a service engagement after work has commenced where we are in material breach of these terms and fail to remedy that breach within a reasonable period after receiving written notice from you.

(b)               You may also terminate for convenience by providing written notice to us, in which case:

(i)                 fees for work completed to the date of termination are non-refundable;

(ii)                a refund of fees paid for Services not yet commenced will be provided; and

(iii)               any deliverables completed and paid for will be provided to you.

(c)                Nothing in this clause limits your rights under applicable law, including the Australian Consumer Law.

6                   RETURNS AND EXCHANGES

This clause applies differently depending on whether you have purchased physical Products, Digital Products or Services.

6.1               PHYSICAL PRODUCTS (NOT CURRENTLY APPLICABLE)

(a)               We do not offer change of mind returns.

(b)               We will provide a full refund of the price paid for a Product if we determine that:

(i)                 a Product you have ordered was not received by you solely due to failure by us;

(ii)                a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii)               a Product is faulty, in accordance with clause 6.1(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

(c)                (Faulty products) The following process applies to any Product you believe to be faulty.

(i)                 If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

(ii)                If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

(iii)               If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

(iv)               If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(v)                If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

(vi)               Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

6.2               DIGITAL PRODUCTS

Due to the nature of Digital Products:

(a)               you will not be entitled to a refund for change of mind once the Digital Product has been made available to you for download or access;

(b)               if a Digital Product is defective or corrupted  you must notify us as soon as reasonably practicable, and we will provide a replacement, repair or refund as appropriate, and on a case by case basis.

(c)                Nothing in this clause limits your rights under applicable law, including the Australian Consumer Law.

6.3               SERVICES

(a)               Cancellation of website-purchased Services before commencement is governed by clause 5.2. Once work has commenced, termination is governed by clauses 5.3 and 5.4.

(b)               Once the Services have commenced (including where a consultation appointment is scheduled and not attended by you), the Services are taken to have been delivered and fees are non-refundable to the extent permitted by law.

(c)                If we are unable to provide the Services due to our fault, we will offer a resupply of the
Services or a refund of the portion of the Fees relating to the Services not provided.

(d)               You may reschedule an appointment:

(i)                 more than 48 hours’ notice – at no charge;

(ii)                between 24 and 48 hours’ notice – at no charge, subject to availability;

(iii)               less than 24 hours’ notice or failure to attend – the full Fees will be retained and the Services will be taken to have commenced and been delivered.

(e)               You may reschedule a maximum of 3 times. Any further rescheduling is at our discretion.

(f)                 Nothing in this clause limits your rights under applicable law, including the Australian Consumer Law.

7                   THIRD PARTY TERMS SUPPLIERS

(a)               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).

(b)               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.

Part B        For When You Browse This Website

8                   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.

9                   YOUR OBLIGATIONS

You must not:

(a)               copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;

(b)               use the Website for any purpose other than browsing, selecting or purchasing Products or Services, accessing or downloading Free Guides, or otherwise engaging with content made available by the Company on the Website;

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

(d)               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;

(e)               use the Website with the assistance of any automated scripting tool or software;

(f)                 act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and

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

(i)                 gaining unauthorised access to Website accounts or data;

(ii)                scanning, probing or testing the Website for security vulnerabilities;

(iii)               overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv)               instigate or participate in a denial-of-service attack against the Website.

10                INFORMATION ON THE WEBSITE

(a)               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:

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

(ii)                the Website may not be accessible at times;

(iii)               messages sent through the Website may not be delivered promptly, or delivered at all;

(iv)               information you receive or supply through the Website may not be secure or confidential; and

(v)                any information provided through the Website may not be accurate or true.

(b)               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).

11                INTELLECTUAL PROPERTY

(a)               The Company 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.

(b)               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 the Company or as permitted by law.

(c)                In this clause 10, “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.

12                LINKS TO OTHER WEBSITES

(a)               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.

(b)               Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

13                THIRD PARTY PLATFORM

(a)               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

(b)               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.

14                SECURITY

To the maximum extent permitted by law, the Company 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.

15                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

16                LIABILITY

16.1            SERVICE LIMITATIONS AND DISCLAIMER

(a)               The Services provided by the Company, including any interior design concepts, recommendations, plans, digital content or advice, are provided on a conceptual and advisory basis only.

(b)               The Company does not undertake or control any physical works, construction, installation or implementation of any design.

(c)                You acknowledge and agree that:

(i)                 any outcomes, including the final appearance, functionality or performance of a space, are dependent on third party contractors, suppliers, materials, site conditions and execution, all of which are outside the Company’s control;

(ii)                the Company does not guarantee any particular outcome, result or aesthetic; and

(iii)               you are solely responsible for engaging and instructing any third parties and for verifying that all designs, measurements, specifications and recommendations are suitable for your intended use.

(d)               To the maximum extent permitted by law, the Company is not liable for any loss, damage or dissatisfaction arising from the implementation of any recommendations or designs, except to the extent caused by the Company’s failure to provide the Services with due care and skill.

(e)               Nothing in this clause excludes, restricts or modifies any rights you may have under applicable law, including the Australian Consumer Law.

16.2            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:

(a)               Products sold by the Company, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

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

16.3            LIABILITY

(a)               To the maximum extent permitted by law and subject to clause 16.3(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 the Company under the most recent Order.

(b)               You acknowledge that you have not relied on any representation, warranty or statement made by the Company other than those expressly set out in these terms.

16.4            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:

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

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

17                GENERAL

17.1            GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria 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.

Nothing in this clause excludes, restricts or modifies any rights or remedies which cannot be excluded under applicable consumer law, including the Australian Consumer Law or any equivalent laws in the customer’s place of residence.

17.2            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.

17.3            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.

17.4            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.

17.5            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.

17.6            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.

17.7            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.

17.8            INTERPRETATION

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

(b)               (currency) a reference to $, or “dollar”, is to Australian currency;

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

(d)               (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;

(e)               (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;

(f)                 (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;

(g)               (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;

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

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

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

(k)                (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.

18                NOTICES 

(a)               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. 

(b)               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. 

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

Last Updated on 01.05.2026