Terms & Conditions

Last updated on 25 August 2021
Daniel Bruce Whittle
Operating under the business name “Skate Now”
ABN 21 787 099 178

TERMS AND CONDITIONS FOR PURCHASING LESSONS OR PRODUCTS AND JUST BROWSING


Welcome to Skate Now.

In these terms, we also refer to Skate Now as “our”, “we, or “us”.

And you are you!


What are these terms about?

These terms apply when you use this website, skate-now.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 lessons (“Lessons”) or products (“Products”) through this Website. Students who attend Lessons will be referred to in this agreement as “Participants”.

If you have any questions about our Lessons or Products, you can contact us any time at skatenow@outlook.com.au or through the “Contact” page on our Website.


How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you purchase Lessons or Products (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 Lessons or Products unless you have read and agree to these terms.


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

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products or Lessons. 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 Lessons. You can check the date at the top of this page to see when we last updated these terms.


Part A – For When You Purchase Lessons or Products…

  1. SUBMITTING AN ORDER

    1. By submitting an order for purchase of Lessons or Products using the Website’s functionality (Order) 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 Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    3. If the Participant is under 18, you acknowledge and agree to these terms on the Participant’s behalf.
    4. 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

    1. To submit an Order and/or to purchase Lessons or Products, you may be required to sign-up, register and receive an account through the Website (an Account).
    2. As part of the Account registration process and otherwise as part of your use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
    3. You warrant that any information you give to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
    4. 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.
    5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
  3. LESSONS

    • TYPES OF LESSONS
      1. Through the Website, different types of Lessons are available for purchase, which may include from time to time:
        1. private lessons, which can be purchased as a one-off (Single Private Lesson) or in a pack of 8 sessions (Private Lesson Package); and
        2. group lessons, which can be purchased as a one-off (Single Group Lesson), or a package which spans for 8 weeks commencing on the start of the usual school term (unless notified otherwise by us) (Group Lesson Package).
      2. The pricing of different types of Lessons may vary depending on the instructor, day and time of week, location, and other variables from time to time.
      3. Private Lesson Packages and Group Lesson Packages are not transferrable to other Participants.
    • PRIVATE LESSON PACKAGE
      1. All Lessons in the Private Lesson Packages must be booked within the time period set out on our Website. The Lessons in a Private Lesson Package may be booked at the time of placing an Order or at a later stage on the Website within that time period.
      2. The Lessons in a Private Lesson Package may be booked at different Skate Now locations.
      3. We do not guarantee that the same instructor will be available for each Lesson in a Private Lesson Package.
    • GROUP LESSON PACKAGES
      1. Your Group Lesson Package is only valid for the term booked at the time of placing an Order.
      2. Service NSW Active Kids program vouchers (Active Kids Voucher) may be used at the time of placing an Order for a Private Lesson Package and Group Lesson Package. The Active Kids Voucher amount will be applied to the total fees payable toward the Private Lesson Package or Group Lesson Package, and you will be required to pay the balance of the fees due in accordance with clause 4.4.
      3. The Active Kids Voucher is subject to the Active Kids Program’s terms and conditions, which are accessible here: https://www.sport.nsw.gov.au/active-kids-recipient-TandC.
      4. At the time of placing an Order, the Website will prompt you to include details of your Active Kids Voucher to redeem it, including the Participant’s full name and date of birth. Please ensure that the name of the Participant is the person named on the Active Kids Voucher.
      5. The Active Kids Voucher must be claimed at the time of placing an Order, and cannot be retrospectively applied once your Order has been submitted with us.
      6. The Active Kids Voucher may only be used for Private Lesson Packages and Group Lesson Packages which span a minimum of 8 weeks, and cannot be redeemed toward other types of Lesson or Product purchases.
      7. The Active Kids Voucher is not redeemable for cash.
    • BOOKING PROCESS
      1. Payment for all Lessons is due at the time of placing an Order in accordance with clause 4.4.
      2. Your Order and any Lesson booking time slots reserved at the time of placing your Order are only confirmed once you receive a confirmation email from us.
      3. All Lessons purchased in a package must be booked within 365 days of placing your Order.
    • LESSON REQUIREMENTS
      1. (Waiver) All Participants, or the Participants’ parent or legal guardian (if under the age of 18) must sign a waiver before taking part in the Lessons and once signed, the waiver will be incorporated into and form part of this agreement. It is your responsibility to provide to us a signed wavier for all Participants that come under your booking, and acknowledge that receipt by us of a signed waiver is a precondition to us providing Lessons to each Participant.
      2. (Protective Gear) We offer complementary hire of protective gear for a Lesson. Essential protective gear, including helmets and wrist guards, must be worn by all Participants for the duration of the Lesson. Optional protective gear, including knee and elbow protection, is strongly recommended for the duration of the Lesson.
      3. (Footwear) The Participant must wear suitable, enclosed, sports footwear to part take in a Lesson. We highly recommend wearing footwear that has a flat sole or footwear that is designed to be worn for skateboarding. We reserve the right to cancel your Lesson if we determine that the Participant’s footwear is unsuitable to part take in the Lesson, and you will not be entitled to a refund or rescheduling of the Lesson.
      4. (Behaviour) Participants must ensure they take part in the Lessons in a safe, respectful manner, in accordance with any behavioural policies we have in place from time to time, and in accordance with any instructions provided by the Lesson instructor.
      5. (Non-compliance) We reserve the right not to commence a Lesson or end a Lesson early at any time without that Lesson being refunded or rescheduled if the Participant fails to comply with any of this clause 3.5.
    • CANCELLATIONS
      1. (Cancellations by you for private Lessons)
        1. If you notify us that you would like to cancel and reschedule a Single Private Lesson or a Lesson in a Private Lesson Package:
          1. at least 48 hours before the Lesson is to occur, we will reschedule the Lesson; or
          2. less than 48 hours before the Lesson is to occur, we will not reschedule the Lesson and will not offer a refund for that Lesson.
        2. If you book a Private Lesson Package for more than one Participant, and one or more Participants are unable to attend the scheduled Lesson, we will not reschedule that Lesson for the Participant(s) that are unable to attend.
        3. If you need to reschedule a Lesson due to the Participant displaying COVID-19 symptoms or awaiting a COVID-19 test result, please let us know as soon as possible. We will then discuss options with you and come to a resolution at our discretion.
      2. (Cancellations for Group Lesson Packages or Single Group Lesson) If the Lesson you would like to cancel is a Single Group Lesson or a Lesson in a Group Lesson Package, we will not reschedule the Lesson and will not offer a refund for that Lesson you were unable to attend.
      3. (Unsuitable weather cancellations) We may need to cancel and reschedule a Lesson as a result of unsuitable weather conditions. Cancellation due to unsuitable weather conditions is at our discretion, and we will endeavour to notify you of such cancellation around 2 hours before the Lesson start time.
      4. (Cancellations by us) We may need to cancel and reschedule a Lesson at any time, including as a result of any decision of a government authority in relation to COVID-19 or any threat of COVID-19 beyond our reasonable control. We will notify you as soon as possible if we need to cancel a booked Lesson and offer to reschedule the Lesson at an alternative date and time.
      5. (Refunds) We do not offer refunds for the fees paid for Lessons, even if you are unable to attend a Lesson you have booked.
    • DISCLAIMERS
      1. (No results guaranteed) While we endeavour to assist Participants to improve their skateboarding skills overtime, results depend on a range of factors and we do not guarantee any particular improvement or results in taking part in the Lessons.
      2. (Information) All information provided by us, including information that is provided by us as part of the Lessons, or provided by us personnel via our Website or a third party website, via email or over the phone is of general nature. No information provided by us is intended to be professional, health or medical advice of any kind and it should not be relied on as such.
      3. (Risk) You and each Participant understand and acknowledge that participating in the Lessons may expose the Participant to risk, including accidents, injury or even death. You and each Participant assume all risk associated with participating in the Lessons, including but not limited to injury and physical risks inherent in physical activities. You and each Participant understand that we are not liable for any loss or damage suffered.
      4. (Your circumstances) Because the Lessons may be strenuous and subject Participants to risk of injury, we urge you to consider if the Lessons are right for each Participant with regard to their specific circumstances, including any health conditions and physical fitness. You agree that when each Participant participates in the Lesson, they participate entirely at their and your own risk.
  4. PRODUCTS

    1. GENERAL
      1. 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.
      2. 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 4.2. Delivery must not be refused by you.
      3. Claims for loss of or damage to Products in transit must be made against the carrier.
      4. Products sold by us will have only the benefit of any warranty given, and insurance held, by the manufacturer.
    2. DELIVERY AND SHIPPING
      1. (Delivery Costs) 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.
      2. (Delivery Details) We may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
        1. delivery is to the delivery point specifically accepted by us; and
        2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
      3. (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.
    3. FAULTY PRODUCTSThe following process applies to any Product you believe to be faulty.
      1. 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).
      2. If we determine that your Product may be faulty, we will request that you send the Product back to us at our 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.
      3. 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.
      4. If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund or exchange. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
      5. If you fail to comply with the provisions of this clause 4.3 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.
      6. Nothing in this clause 4.3 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.
    4. CHANGES TO YOUR ORDER
      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.
      2. (Cancellation by you) 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.
      3. (Change of mind) We do not offer change of mind returns or refunds.
      4. (Issues with your Order) We will provide a full refund of the price paid for a Product if we determine that:
        1. a Product you have ordered was not received by you solely due to failure by us;
        2. 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
        3. a Product is faulty in accordance with clause 3).
  5. PAYMENT

    1. All prices are:
      1. in Australian Dollars; and
      2. subject to change prior to you completing an Order without notice.
    2. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Lessons and/or Products 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 Skate Now, you must pay the GST subject to Skate Now 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. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Lessons and Products, including Paypal and Square. 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.
    6. (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.
  6. GIFT CERTIFICATES

    1. We may issue gift certificates for use on our Website. Gift certificates are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift certificate or otherwise communicated to you.
    2. Gift certificates are valid for 3 years from the date of purchase.
    3. Gift certificates may only be redeemed for the type of item (for example, only Lessons, only Products, or both) set out at the time of purchasing the gift certificate.
    4. Gift certificates may be transferred to different person. Please contact us if you would like to transfer your gift certificate to a different person.
    5. Gift certificates may be used in any number of transactions.
    6. Gift certificates are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.
  7. PHOTOGRAPHY & PERMISSION

    1. We may photograph or record any part of the Lessons, including photography and recording footage featuring the Participant (Media).
    2. You consent for the Media to be used by or on behalf of us for publication on our Website, in our marketing and promotional material, and on any other website or in any media we may select for publication.
    3. You assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media.
    4. You release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you or the Participant may have against us.
  8. INTELLECTUAL PROPERTY

    1. Skate Now retains all intellectual property rights in the design of any materials provided during or in connection with the Lessons (Materials) or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Materials.
    2. In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, 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.
  9. THIRD PARTY SUPPLIERS

    1. We may do any of the following:
      1. outsource any part of performing any services related to providing the Products or Lessons, including delivery of your Products; or
      2. procure materials, services and Products from third party suppliers,

      without further notice to or permission from you.

    2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

Part B – For When You Browse This Website…

  1. MARKETING

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

  2. 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.

  3. YOUR OBLIGATIONS

    You must not:

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

    1. Skate Now retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Skate Now or as permitted by law.
    3. 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.
  6. THIRD PARTY TERMS AND CONDITIONS

    1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
    2. The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Skate Now will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
  7. 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.
  8. THIRD PARTY PLATFORM

    1. This Website is powered by a third party platform and booking system (Third Party Providers) and the terms and conditions of those Third Party Providers may apply to your use of this Website to the extent applicable to you.
    2. To the maximum extent permitted under applicable law and our agreement with our Third Party Providers, we will not be liable for any acts or omissions of the Third Party Providers, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  9. SECURITY

    Skate Now 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.

  10. 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…

  1. LIABILITY

    To the maximum extent permitted by applicable law, Skate Now 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 the Lessons, this Website, these terms or any Products or services provided by Skate Now, is limited to the total Fees paid to Skate Now by you in the 6 months preceding the first event giving rise to the relevant liability.

    1. All other express or implied representations and warranties in relation to Lessons, Products and the associated services performed by Skate Now are, to the maximum extent permitted by applicable law, excluded.
    2. 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.
    3. (Indemnity) You indemnify Skate Now 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 Skate Now.
    4. (Consequential loss) To the maximum extent permitted by law, under no circumstances will Skate Now 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 Lessons, Products or services provided by Skate Now (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  2. GENERAL

    1. GOVERNING LAW AND JURISDICTION
      This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
    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.
    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.
    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.
    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.
    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.
    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.
    8. INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (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;
      3. (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;
      4. (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;
      5. (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;
      6. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      7. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      8. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      9. (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.
    9. 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, unless that falls on a Saturday, Sunday or a public holiday in Sydney, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
        2. when replied to by the other party,

        whichever is earlier.