Terms & Conditions

TERMS AND CONDITIONS 

FOR SIGNING UP FOR SERVICES AND JUST BROWSING


Last updated on 08 November 2022

Creative Appnologies Pty Ltd 

ABN 39 650 719 127

Welcome to Creative Appnologies. We areCreative Appnologies Pty Ltd ABN 39 650 719 127.

In these terms, we also refer to Creative Appnologies as “our”, “we, or “us”. 

And you are you!

What are these terms about?

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

 

These terms also apply when you engage us to provide services, including when you sign up for a membership (Membership).

 

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.creativeappnologies.com/privacy-policy.

 

 

How do I read these terms?

We separated these terms into 3 parts, so they’re easy to read and understand. 

Those parts are:

  • PART A: Terms for when you engage us to provide Services

  • 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 signing up and browsing)

 

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

 

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

Once you place an Order for purchase of a Service, the terms of Part A accepted at the point of sale will apply to your purchase of that Service (along with the terms of the Order). 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 something. You can check the date at the top of this page to see when we last updated these terms.

DISCLAIMER 

Creative Appnologies is an online platform that provides indicators and signals for various FOREX, Crypto, and other traded signals. It is up to you to determine if these indicators and signals are accurate and if they meet the intent you are using them for. Creative Appnologies makes no claim to their accuracy, effectiveness or relevance to your financial situation. 

 

  1. (Information) All information provided by us as part of the Services is based on Creative Appnologies personal opinion, knowledge and experience. No information provided as part of the Services is intended to be legal, financial, or medical advice and it should not be relied on as such. You should obtain specific financial, legal, medical or other professional advice before relying on the Services.   

  2. (Not financial advice) Nothing on the Website, contained in the Services, or provided by our personnel is intended to be financial advice of any kind and it should not be relied on as such 

  3. (Results not guaranteed) Our Services are calculated based on observed and proposed levels. We cannot guarantee any results from your use of the Services. Any results displayed on our Website are all genuine results but results cannot be guaranteed. Your results are dependent on multiple factors outside of our control, including market movements, timing and various other factors.  

 

If you are unsure about anything in our Services, we encourage you to seek professional advice.
 

PART A

FOR WHEN YOU ENGAGE US TO PROVIDE SERVICES…

  1. SERVICES

    1. ELIGIBILITY

      1. (Over 18s only) This Website and the Services are intended for persons over the age of 18. By using the Website and the Services, you represent and warrant that you are over the age of 18 years and accessing the Website and the Services for personal use, or agreeing to these terms as the legal guardian or parent of someone who is under the age of 18. 

      2. Please do not access the Website or use the Services if you are under the age of 18 years old or if you have previously been suspended or prohibited from using the Website. 

    2. SUBMITTING AN ORDER

      1. Once you have selected a plan on the Website, you will be prompted to purchase of the relevant Service using the Website's functionality (Order). In doing so, you represent and warrant that:

        1. you have the legal capacity and are of sufficient age 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 Service(s) in your Order in exchange for your payment of the total amount listed upon checkout. 

      3. Our Services will be set out on our Website. Fees and details of inclusions and exclusions are set out on our Website. Our Services may, from time to time, include Memberships, Sessions, and Workshops. 

    3.  MEMBERSHIPS

      1. Different membership tiers will be set out on our Website. You may choose from the Membership and payment options as set out on our Website.

      2. Our Memberships may be either complementary for a certain time period (as set out on our Website), or paid. Memberships may be offered in different tiers, with different content inclusions as set out on our Website. 

      3. Unless otherwise agreed in writing or set out on our Website, your Membership Fees (defined below in clause 2.1) are due and payable on a monthly basis for the duration of your Membership.

      4. When you sign up for your Membership, you must provide true, accurate and complete information as requested and keep this information up to date after registration. You agree that you're solely responsible for:

        1. maintaining the confidentiality and security of your account information and your password; 

        2. Any activities and those of any third party that occur through your account, whether those activities have been authorised by you or not; and

        3. Letting us know if you detect any unusual activity on your account as soon as you become aware of it.

      5. We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your
        account information or your password.

  2. RELEASE

You agree not to rely on any part of a Website or Services, or information provided by us or our personnel, as if it contained financial, trading or other professional advice, and release Creative Appnologies from any and all liability that may arise out of you making any such reliance. 

  1. INTELLECTUAL PROPERTY

Without limiting clause 6 or 13, you must not: 

  1. make any copies of the Resources in addition to one (1) electronic copy for your own private use; or

  2. provide or distribute any of the Resources to any other person.

  1. YOUR OBLIGATIONS

    1. (Information & assistance) You must provide us with all documentation, information and assistance reasonably required for us to perform the Services.

  2. SUBCONTRACTING

We may subcontract any aspect of providing the Services and you hereby consent to such subcontracting.

  1. PAYMENT

    1. FEES

      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 the fees for the Services in the amounts set out in your Order (Fees), at the time of placing an Order.

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

      4. (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).

      5. (Automatic Renewal for Memberships) If stated on our Website that Membership is automatically renewing, your Membership will continue to renew on a monthly basis indefinitely, and you must pay Fees in respect of each monthly period, unless you notify us within 30 days of the expiry of the next month that you want to cancel your Membership. Otherwise, we will continue to charge the Membership Fees. Please ensure you contact us if you want to cancel your Membership.

    2. FAILURE TO PAY

If you do not pay for any Services on or before the due date for payment:

  1. you must pay us interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by us; and

  2. we reserve the right to suspend all or part of the Services indefinitely until we receive the amount owed.

  1. CANCELLATION

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.

  1. ONLINE PAYMENT PARTNER

We use third-party payment providers (Payment Providers) to collect payments for Services. 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. To the maximum extent permitted under applicable law and our agreement with our Payment Provider, we will not be liable for any acts or omissions of the Payment Provider, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

  1. 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.

  1. CONFIDENTIALITY AND PRIVACY

    1. PRIVACY 

      1. The parties must comply with:

        1. if applicable, their respective obligations under the Privacy Act 1988 (Cth); and

        2. our privacy policy as in force from time to time.

      2. We will keep you informed of any changes to our Privacy Policy where relevant.

    2. COLLECTION NOTICE AND PRIVACY 

      1. We may collect personal and/or sensitive information about you in the course of providing you with the 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.

    3. CONFIDENTIAL INFORMATION

      1. The parties will not, during or at any time after the provision of Services, disclose Confidential Information directly or indirectly to any third party, except:

        1. with the other party’s prior written consent; or

        2. as required by any applicable law.

      2. In these terms, “Confidential Information” means information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.

  2. IF YOU ARE AGREEING TO THESE TERMS FOR SOMEONE ELSE

    1. If you are agreeing to these terms for another person, who will be the recipient of the Services (Recipient), you acknowledge and agree that:

      1. each Recipient must also agree to these terms; and

      2. you indemnify us from any claims that arise from any of the Recipients receiving any Services from us that are paid for under this agreement. 

    2. We will not share with you any personal information provided by Recipients during the course of the Services except:

      1. basic information, such as the Recipient’s name and login dates/times; 

      2. as otherwise contemplated in clause 3.3 above.

  3. INTELLECTUAL PROPERTY

    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 an Order, or 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.

    2. DEVELOPED IP

      1. All Developed IP will be solely and exclusively owned by us from its creation.

      2. We grant to you a non-exclusive, royalty free, non-transferable and revocable licence to use Developed IP to the extent required for you to privately use and enjoy the benefit of the Services.

    3. OUR IP

      1. We grant to you a non-exclusive, royalty free, non-transferable, worldwide and revocable licence to use Creative Appnologies IP to the extent required for you to privately use and enjoy the benefit of the Services.

      2. Except to the extent otherwise expressly agreed in an Order or in this clause 6, you will not under these terms or otherwise acquire Intellectual Property Rights in any Creative Appnologies IP.

    4. DEFINITIONS

For the purposes of these terms:

  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. "Developed IP" means all Material produced by us in the course of providing the Services, either alone or in conjunction with you or others, and any Intellectual Property Rights attaching to that Material. 

  3. "Intellectual Property Rights" means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trade marks, designs, patents or other proprietary rights, Confidential Information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the date of this agreement, whether registered or unregistered.

  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.

  5. "Creative Appnologies IP" means all materials owned or licensed by us that is not Developed IP and any Intellectual Property Rights attaching to that Material.

  1. YOUR CONTENT

    1. TYPES OF CONTENT

As part of using the Website or the Services, you may upload images, content, information and materials you share with us or the public, including by using the features of the Website, such as any forum or member profiles we may have on our Website, sharing content on social media or by contacting us, or when you register for an Account (Posted Materials).

  1. POSTED MATERIALS

By providing or posting any Posted Materials, you represent and warrant that:

  1. you are authorised to provide the Posted Materials;

  2. the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

  3. the Posted Materials are not "passing off" of any product or service and does not constitute unfair competition; 

  4. the Posted Materials do not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);

  5. the Posted Materials are accurate and true at the time they are provided;

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

  7. the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

  8. the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

  1. 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. Please do 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. 

  1. POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to Creative Appnologies (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 Creative Appnologies to use or otherwise enjoy the benefit of such Posted Material. 

  1. 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.

  1. THIRD PARTY SUPPLIERS

    1. We may do any of the following:

      1. outsource any part of performing any Services; or

      2. procure materials, Services and Resources from third party suppliers; 

without further notice to or permission from you. 

  1. 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.

  1. CANCELLATION 

    1. CANCELLATION BY YOU 

If you would like to cancel your Membership, please let us know. We will endeavour to cancel your Membership within 7 business days of receiving your request. The payment terms in clause 2 may still apply depending on the type of Membership. 

  1. 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 Membership at any time by written notice, for any reason.

    2. We may also terminate your access to your Membership at any by written notice if you breach any provision of this agreement.

  2. EFFECT OF CANCELLATION

Upon cancellation, termination or expiry of your Membership, we will handle your medical information in accordance with the applicable laws and regulations, and delete any other information associated with your Membership. You may not be able to recover any of this after cancellation, termination or expiry of your Membership 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, termination or expiry of your Membership. 

  1. 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.


 

 

PART B

FOR WHEN YOU BROWSE THIS WEBSITE…

  1. 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.

  1. YOUR OBLIGATIONS

You agree:

  1. not to copy, reproduce, translate, adapt, vary or modify the Website or the Services without our express consent;

  2. not to use the Website or the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

  3. not to use the Website or the Services for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

  4. not to attempt to breach the security of the Website or the Services or Creative Appnologies system security, or otherwise interfere with the normal function of the Website or the Services, including by:

    1. gaining unauthorised access to Creative Appnologies Accounts or data about other users of the Services;

    2. scanning, probing or testing the Website or the Services for security vulnerabilities;

    3. overload, flood, mailbomb, crash or submit a virus to the Website or the Services or Creative Appnologies system; or

    4. instigate or participate in a denial-of-service attack against the Website or the Services or Creative Appnologies system; and

  5. to ensure that any of your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with these terms.

  1. 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 (as defined in clause 13(a) below).

    3. All information provided through the Website is general information. No information provided in through the Website is intended to be medical, psychological or professional advice of any kind and it should not be relied on as such. You should obtain specific medical, psychological and other professional advice before relying on the information provided through the Website. By not seeking such advice, you accept the risk that the information contained on the Website may not meet your specific needs. 

  2. OUR CONTENT

    1. Creative Appnologies retains ownership of the Website and all materials on the Website (including Resources, 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.

  3. 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 Creative Appnologies or as permitted by law.

  4. THIRD PARTY TERMS AND CONDITIONS

    1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply, where services are provided by a third party on your behalf. 

    2. You agree to any Third Party Terms applicable to any third party goods and services, and Creative Appnologies will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

  5. 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.

  6. SECURITY

Creative Appnologies 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.

  1. 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.

  1. FORCE MAJEURE

    1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

      1. reasonable details of the Force Majeure Event; and

      2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. 

    2. Subject to compliance with clause 18(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

    3. The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

    4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:

      1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

      2. strikes or other industrial action outside of the control of the Affected Party; 

      3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

      4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

 

PART C

LIABILITY AND OTHER LEGAL TERMS…

  1. LIABILITY

    1. To the maximum extent permitted by applicable law, Creative Appnologies limits all liability 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 Services provided by Creative Appnologies to the total Fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability.

    2. All express or implied representations and warranties in relation to the Services and the associated services performed by Creative Appnologies are, to the maximum extent permitted by applicable law, excluded. 

  1. 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, replacement or repair) if there is a failure with the goods or services we provide.

  2. (Indemnity) You indemnify Creative Appnologies and its 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':

    1. breach of any of these terms;

    2. use of the Website; or 

    3. use of any goods or services provided by Creative Appnologies.

  3. (Consequential loss) To the maximum extent permitted by law, under no circumstances will Creative Appnologies 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 Services provided by Creative Appnologies (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

  1. DISPUTE RESOLUTION

    1. The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this agreement prior to commencing any proceedings.

    2. If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party.

    3. The parties acknowledge and agree that compliance with this clause 20 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:

      1. in the case of applications for urgent interlocutory relief; or

      2. a breach by another party of this clause 20.

  2. GENERAL

    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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. ENTIRE AGREEMENT

This agreement (these terms in combination with any Order) 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.

  1. 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.

  1. NOTICES

    1. A notice or other communication to a party under this agreement must be:

      1. in writing and in English; and

      2. 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.

    2. 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:

      1. 24 hours after the email was sent; or

      2. when replied to by the other party,

whichever is earlier.