Terms and Conditions - SuperFeast

Last updated on 25 August 2021

JEMS Superfoods Pty Ltd trading as SuperFeast
ABN 79 150 823 724

September Sale Terms and Conditions

  1. For the month of SEPTEMBER all orders containing a 250g bag of Lions Mane or Neural Nectar will receive a FREE brain-boosting gift!
  2. Choose your own adventure; you have TWO options.
  • Option 1: Buy 250g bag of Lions Mane & get a FREE 50g bag of Neural Nectar.
  • Option 2: Buy a 250g BAG of Neural Nectar & get a FREE 50g bag of Lions Mane.
  1. This offer is available from 8am 1st September until 8pm 30th September 2021.
  2. Express Shipping is not available.
  3. Standard shipping applies for all international orders *excluding the US and Canada - see Orders & Shipping under the FAQ’s tab on our website for more details (please allow 10+ business days).
  4. Requests for exchanges or refunds may incur shipping charges.
  5. No limit to the number of promotional products per order, e.g. the more promotional products you purchase, the more FREE GIFTS you receive!

 

 

General Terms and Conditions

In these terms, we also refer to SuperFeast (our full name being JEMS Superfoods Pty Ltd trading as SuperFeast (ABN 79 150 823 724)) as “our”, “we”, or “us”.

And you are you!

 

What are these terms about?

These terms apply when you use this website, being https://www.superfeast.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 through this Website (“Products”).
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.superfeast.com.au/pages/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 shop)
  • Part B: Terms for when you browse and interact with this Website (applies when you view the Website)
  • Part C: Liability and warranties, and interpretation provisions (applies to both shopping and browsing)

Please let us know if you have any questions about these terms, and read and agree to these terms before using this Website or purchasing any Products.

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms of Part A 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 (Shop)

DISCLAIMER

Before you buy any of our Products, please make you read and understand the below.


a. Be responsible – You acknowledge and agree that you will use our Products responsibly as herbal health supplements, rather than food for consumption, and follow any instructions on our Products. You agree that you will check with your medical physician before using our Products, especially if you are pregnant, breastfeeding, injured, feeling ill, or if you are on other medication or not in the right state of mind, including if you have been diagnosed with a medical condition or illness. We are not responsible for any loss, damage, liability, expense, claim, injury, illness or death (Loss) associated with our services, your access to this Website, or the purchase or use of our Products if you are misusing the Products.
b. Not medical advice – You acknowledge and agree that the information contained in our Website, our Products or our services is not professional medical advice, and you should not rely on such information as a substitute for medical, health, psychological or professional advice. Our Products are not intended to diagnose, treat, cure or prevent any condition, except where we expressly state that it can be used for that purpose and only if the relevant Product is a ‘registered’ or ‘assessed listed’ medicine with the Therapeutic Goods Administration. Our Products are designed to support, not replace, the relationship between you and your medical practitioner. Any recommendations provided on our Website (including in our blog posts, articles, recipes or podcast) are for educational purposes and are based on our experience. Please seek medical advice from a trained medical professional in relation to any medical issues you are experiencing. By not seeking appropriate medical advice, you accept the risk that the information contained in our Products, services and/or on our Website may not meet your specific needs, circumstances or goals.
c. Results not guaranteed – You acknowledge and agree that you are not guaranteed to achieve any specific personal or medical outcomes or results by using our Products. While the Products are intended to optimise your health, we do not guarantee, warrant or represent that, as a result of using our Product, a specific outcome for you will occur or that that you, will achieve any growth or particular outcome or that any growth or particular outcome will occur at all. You agree to make your own independent assessments and evaluations prior to relying on any information, testimonials, recommendations and advice provided by SuperFeast on this Website or as part of SuperFeast providing you with the Products or services.
d. Nature of tonic herbs - Tonic herbs, the kind we work with at SuperFeast, support the smooth flow of Qi within the organ systems and the body as a whole. Any recommendations we make are offered from the intention of supporting the harmonious flow of Qi. At SuperFeast, we use these potent tonic herbs to help the body return to its innate rhythm and flow, encouraging vibrancy and lightness within the body, mind, and spirit. Tonic herbs are generally warming, building, and nourishing. In the context of health optimisation and the Daoist tradition, tonic herbs are not directly used to treat individual symptoms, but rather to create harmony and strength within the system as a whole. We also encourage considering lifestyle changes to facilitate your capacity for healing.
e. Allergic reaction – If you experience a severe allergic reaction or anything out of the ordinary that you are concerned about, please seek medical advice or contact 000 (or the relevant emergency contact number in your country) in case of emergency.
f. No modifications – You agree that you will not modify our Products. We are not responsible for any Loss associated with modification to our Products.
g.No misuse– You agree that you will not use our Products if you are pregnant, breastfeeding, injured, feeling ill or are not in the right state of mind, including if you have been diagnosed with a medical condition or illness. We are not responsible for any Loss associated with misuse of our Products.

 

1 SUBMITTING AN ORDER

 


(a) By submitting an order for purchase of a Product 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 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) You may submit an Order as a guest, or you may submit an Order with an account. You may register for and receive an account through the Website (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 agree that you are solely responsible for:

(i) maintaining the confidentiality and security of your Account information and your password; and
(ii) any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.

(d) 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.
(e) 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.
(f) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

 

3 PRODUCTS


(a) 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. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.

 

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) (Card surcharges) We may 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).
(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, such as PayPal, Stripe, Afterpay, Zip Pay, Google Pay and Shop Pay. 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.
(e) (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.
(f) (Afterpay) We may allow you to select Afterpay as a payment method at checkout. Afterpay is a payment option which allows you to purchase what you want now and pay it off later through instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information. Our returns and exchange process set out in clause 8 will apply to Afterpay returns. You must continue paying any Afterpay instalments even after you have returned a Product. Remaining instalments will only be cancelled once the return has been processed. For partial returns or exchanges, Afterpay will adjust your remaining instalment amounts.

 

5 VOUCHERS AND DISCOUNT CODES


(a) 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.
(b) A Voucher cannot be applied retrospectively to an Order. Vouchers are non- transferrable and cannot be redeemed for cash or store credit.
(c) If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

 

6 DELIVERY AND SHIPPING


(a) (Free Delivery) We may, at our discretion, offer free delivery on carts above a certain amount. The terms and conditions for free delivery will be set out on the Website.
(b) (Delivery Costs) For any cart amounts that do not qualify for free delivery, delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(d) (International Orders) We may, at our discretion, accept international orders. As at the date of these terms, we ship to most locations except for the United States and Canada. Orders to the United States and Canada can be placed through our US website here: https://superfeast.com/.
(e) (Customs and Import Duties) Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
(f) (Shipping Insurance) We may, at our discretion, allow you to add shipping insurance to your order. Shipping insurance is offered by third-party providers (Shipping Insurance Providers) and is subject to the terms and conditions of the Shipping Insurance Provider. We are not liable for any loss or damage suffered in connection with shipping insurance or the performance of the Shipping Insurance Provider.

 

7 CANCELLATION OF ORDER

7.1 CANCELLATION BY US

We reserve the right to cancel your order for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

 

7.2 CANCELLATION BY YOU

(a) You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply.
(b) If you require the delivery details on an Order to be changed, please contact us using the contact details on our Website and we will use reasonable endeavours to accommodate your request. Once your Order moves into the processing stage in our warehouse, we cannot make any change to your order. We do not guarantee that any change will be made, and you agree that you are responsible for ensuring the accuracy of your Order.

 

8 RETURNS AND EXCHANGES

8.1 CHANGE OF MIND

We may offer change of mind returns for 30 days after your delivery. The following process applies to any change of mind returns:

(a) If you would like to return a Product for change of mind, you must contact us at team@superfeast.com.au within 30 days of the date that the Product was delivered to you (Delivery Date), setting out any concerns you have relating to the Product.
(b) We will notify you by return email of our return address for the Product (Return Address). As at the date these terms were last updated, the Return Address is SuperFeast, Unit 2, 16-18 Towers Drive, Mullumbimby NSW 2482.
(c) If we accept your return in accordance with this clause, we may require you to send the Product, with less than 20% used, to the Return Address (at your cost), together with any proof of purchase, packaging, accessories, manuals, registration for the Product and any other documentation or information reasonably required by SuperFeast, within 60 days of the Delivery Date.
(d) If we determine, in our discretion, that you have met the requirements under this clause 8.1, you will be credited the full amount paid (minus shipping costs) and you may request a refund or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(e) If we determine that you have not met the requirements under this clause 8.1, we may not offer a return, and we will keep the Product, or deliver it back to your nominated address (at your cost).

 

8.2 ALLERGIC REACTIONS

We may offer you a refund if you have an allergic reaction to our Products. The following process applies to where you have had an allergic reaction:

(a) If you have had an allergic reaction to our Products, you must immediately stop using the Product and contact us at team@superfeast.com.au within 30 days of the Delivery Date, providing images and/or videos of the allergic reaction and any other information or material reasonably required by us.
(b) We will notify you by return email of our Return Address.
(c) If we accept your return in accordance with this clause, we may require you to send the Product, with less than 20% used, to the Return Address (at your cost), together with any proof of purchase, packaging, accessories, manuals, registration for the Product and any other documentation or information reasonably required by SuperFeast, within 60 days of the Delivery Date.
(d) If we determine, in our discretion, that you have had an allergic reaction to our Products and have otherwise met the requirements under this clause 8.2, you will be credited the full amount paid (including shipping costs) and you may request a refund or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(e) If we determine that you have not had an allergic reaction or met the requirements under this clause 8.2, we may, at our discretion, not offer a return, and we will keep the Product, or deliver it back to your nominated address (at your cost).

 

8.3 DEFECTIVE PRODUCTS

We may offer you a refund where we determine that your Product is defective. The following process applies to any Product you believe to be defective.

(a) If you believe your Product is defective, you must contact us team@superfeast.com.au with a full description of the fault (including images and/or videos), the order number and the batch number (normally located on the back of the Product (bag or jar)).
(b) If we determine that your Product may be defective, we will request that you send the Product back to us at your cost for further inspection, including any packaging, accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product defective.
(c) If we determine in our reasonable opinion that the Product is not defective, or is defective due to it exceeding its use-by date, fair wear and tear, misuse, failure to properly maintain or store the Product, failure to use in accordance with our or 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.
(d) If we determine that the Product is defective, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(e) Please note that due to the nature of our Di Dao sourcing, our Products are subject to seasonal variances in colour, taste, texture and density. It is important to note these variables when receiving and working with your Products. If you are unsure about how to maintain your Product or whether it is in good condition, please contact us at team@superfeast.com.au.
(f) If you fail to comply with the provisions of this clause 8.3 in respect of a defective Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product.

 

8.4 OTHER RETURNS

(a) 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; or
(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).

(b) If you comply with the provisions of clause 8.4, the full amount refund of the Fees paid for a Product (including shipping costs) will be credited back to your original method of payment unless you request otherwise and we approve this request.

 

8.5 NO LIMITATION OF LAW

Nothing in this clause 8 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.

 

9 PUBLISHING MEDIA ONLINE AND ON SOCIAL MEDIA

(a) You may take images or videos of the Products and publish those images or videos online or on social media (or both). If you publish such images or videos, we ask that you provide accreditation to “SuperFeast” by watermark, reference, tagging or hashtag.
(b) Despite this clause 9, we reserve the right to require you to remove any images or videos that include the Products or remove any accreditation to us.
(c) For the avoidance of doubt, we retain ownership of all materials (including images or videos) on or in our Website, social media platforms, podcasts or in any other medium published by us, and you are not permitted to reproduce or publish that material without our express written consent in accordance with clause 20.

 

10 RATINGS & REVIEWS

(a) We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website.
(b) You agree:

(i) to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;
(ii) to provide true, fair and accurate information in your Review; and
(iii) that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.

(c) You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms.
(d) We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate.

 

11 THIRD PARTY SUPPLIERS

(a) We may do any of the following:

(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.

(b) 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 services or goods.

 

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.

 

13 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 our express consent;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products, or listening to our podcasts;
(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 SuperFeast, 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.

 

14 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 we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is 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.
(c) You acknowledge and agree that any information on the Website (including our blog posts, articles, recipes and podcasts) is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.

 

15 THIRD PARTY TERMS AND CONDITIONS

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

 

16 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites, which may contain content such as medical journals, medical videos and health related content. You agree that 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.

 

17 THIRD PARTY PLATFORM - SHOPIFY

(a) This Website is powered by a third party platform called, Shopify. The Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Shopify’s terms and conditions can be accessed here.
(b) To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of Shopify, including in connection with any fault or error of the Website or any issues experienced in placing Orders

 

18 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 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.

 

19 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 at team@superfeast.com.au or using the form provided on our Website.

 

Part C Liability And Other Legal Terms

 

20 INTELLECTUAL PROPERTY

(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, blog posts, podcasts, articles, recipes, 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, and you may share any of the content on our Website for personal viewing purposes. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.
(c) We retain all intellectual property rights in the name “SuperFeast” and the design of the Products, including the labelling and packing (collectively, Our IP), or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the products.
(d) In this clause, “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.

 

21 LIABILITY

(a) To the maximum extent permitted by applicable law, we completely exclude any liability or where liability cannot be excluded, we limit our aggregate liability to $200 AUD to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any goods (including the Products) or services provided by us.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by us will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement 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, replacement or repair) if there is a failure with the goods or services we provide.
(f) (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’:

(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any goods or services provided by us.

(g) (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 this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

 

22 GENERAL

 

22.1 GOVERNING LAW AND JURISDICTION

This agreement 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, 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.

 

22.2 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.


22.3 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.

 

22.4 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.

 

22.5 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.

 

22.6 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.

 

22.7 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.

 

22.8 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.

 

23 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 48 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
(ii) when replied to by the other party,
whichever is earlier.