Terms of service

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Two Turtle Doves Australia. Two Turtle Doves Australia is the business name of Dashing Décor Australia Pty Ltd ABN 79 658 132 800. In these terms, we also refer to Two Turtle Doves Australia as “our”, “we”, or “us”. And you are you! 

What are these terms about?

These terms apply when you use this website, being www.twoturtledovesaustralia.com 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.

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 buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

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

Disclaimer

Before you handle the Products, please make sure that you read and understand that:

(Fragile) Some of our Products are fragile and delicate by nature. Please handle with care as they could break or fracture if dropped on a hard surface. You agree that Two Turtle Doves Australia will not be liable to you for any liability arising from an accident or injury you may have from the handling or mishandling of the Products.

(Decorative Use Only) All products are being sold for ornamental and decorative use only. Please note that the use of products for any other reason may be harmful and/or illegal. Two Turtle Doves Australia assumes no liability with regards to the performance of the products, for the misuse or misplacement in your home of the products, fire hazards or harm arising out of your use of the products. None of the products are edible or safe to consume and may constitute to choking hazards. By ordering the products, you agree to accept these terms and conditions and release Two Turtle Doves Australia from all liability.

 

Part A: For When You Buy Products…

• SUBMITTING AN ORDER
  • By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
    • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
    • you are authorised to use the debit or credit card you provide with your Order.
  • 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.
  • 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.
    
    
• ACCOUNTS and Guest Checkout
  • You may submit an Order as a guest or you may submit an Order with an account. You can sign-up, register and receive an account through the Website (an Account).
  • As part of the Account registration process, during the checkout process (whether your Order is submitted with an Account or as a guest), 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, date of birth, 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.
  • 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.
  • 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.
  • You acknowledge that by signing up for an Account with us, you will automatically be signed up to Two Turtle Doves Australia’s customer database which will be subject to the terms of our Privacy Policy.
  • You agree that you are solely responsible for:
    • maintaining the confidentiality and security of your Account information and your password; and
    • any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.
  • You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
  • 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.
  • We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
    
    
• PRODUCTS
  • General
    • 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.
    • Until the price of your Products is paid in full, title in those Products is retained by Two Turtle Doves Australia. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
  • Favourites Section and Stock availability
    • Our Website allows you to add and save the Products under a favourites section for items that you are interested in but are not ready to buy yet (Favourites).
    • You acknowledge that Products which have been added to your Favourites are not reserved and guaranteed for your purchase.
    • While we will use best endeavours to ensure that Product availability listed on our Website is current and up to date, we do not guarantee that Products which you have reserved in your shopping cart will be available and reserved for you until payment has been made.
    • Subject to clause 3.2(c), you agree to release us from any liability, including loss, claims and damages that may arise from our non-fulfilment of any orders due to the lack of stock availability.
  • PAYMENT
    • All prices are:
      • per unit (except where indicated);
      • in Australian Dollars; and
      • subject to change prior to you completing an Order without notice.
    • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    • (Price changes) The total price payable by you is subject to change at any time as merchant fees and charges may be added to your total price upon check out. We also reserve the right to amend any previously provided discount or discounted timeframe period with no notice to you.
    • (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Two Turtle Doves Australia, you must pay the GST subject to Two Turtle Doves Australia providing a tax invoice.
    • (Card surcharges) Two Turtle Doves Australia and our Payment Providers 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).
    • (Online payment partner) We may use third-party payment providers like Shopify (Payment Providers) to collect payments for Products. 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.
    • (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.
  • DELIVERY AND SHIPPING
    • (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.
    • (Delivery Details) Two Turtle Doves Australia 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:
      • delivery is to the delivery point specifically accepted by Two Turtle Doves Australia; and
      • we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    • (Delivery Changes) Two Turtle Doves Australia reserves the right to amend all delivery costs and conditions without notice.
    • (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to the third party courier to troubleshoot the issue and we recommend that you monitor your delivery details (eg. tracking number) for real time delivery updates, where applicable. 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 or unsuccessful deliveries Where applicable, you may be required to arrange with the third party courier to redeliver your order.
    • (International Orders) Two Turtle Doves Australia reserves the right to refuse international orders. Approved international orders may be subject to variable exchange rates, increased shipping fees, customs and import duties upon reaching its country of destination. You will be responsible for paying all additional fees associated with international orders, such as additional shipping fees, customs and import duties and acknowledge that failure to pay may result in your order being undelivered and/or held at customs. We will not be liable for any loss or damage to your order during the course of delivery and any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
    • (Redeliveries) A re-delivery fee will be charged for any orders that are deemed undeliverable due to insufficient or incorrect address details and which have been returned to us. We encourage you to provide accurate shipping address details at checkout as such details cannot be altered once your order has been dispatched and you will be liable for any additional fees incurred by us and/or our third party courier to resend your order.
    • (Delivery Restrictions) For the avoidance of doubt, Two Turtle Doves Australia and our third party couriers do not offer delivery to PO boxes.
  • GIFT CARDS and Discounts
    • Gift Cards
      • We may issue gift cards for use on our Website.
      • Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you by us.
      • Gift cards 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 other than our Products.
      • Gift cards cannot be reinstated and are no longer redeemable if they are lost or the validity of the gift card has passed its expiry date.
    • VOUCHERS AND DISCOUNT CODES
      • 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.
      • A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
      • A Voucher is no longer valid if it is not utilised by the expiry date and time set out on the Voucher or in accordance with any promotional timeframes. For the avoidance of doubt, if the promotion finishes at 20:00HR and you only proceed to pay at 20:02HR despite inserting the promotion code at 20:00HR, your Voucher will no longer be valid and the promotion code will not apply.
      • If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
    • Promotions

If you are unable to access the Website due to internet access issues or issues with our third party platform provider (Website Issues) and miss out on our promotion campaigns as a result, you acknowledge that we are not obliged to offer the same promotional discount nor to fulfil the orders which you have missed out on as a result of Website Issues after the promotional campaign.

• CHANGES TO YOUR ORDER
  • 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.

• 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. However, our refunds and exchanges process in clause 7.3 may apply.

• RETURNS, EXCHANGES and Pre-orders
  • We do not offer change of mind returns.
  • We will provide a full refund of the price paid for a Product if we determine that:
    • a Product you have ordered was not received by you solely due to failure by us; or
    • a Product is faulty, in accordance with clause 7.3(c), in which case we may provide store credit, a replacement or an exchange for the same or similar Product.
  • (Faulty products) The following process applies to any Product you believe to be faulty.
    • If you believe your Product is faulty on receipt, please contact us using the details provided on our Website with a full description of the fault (including images) within 48 hours of receiving the Product.
    • Subject to clause 7.3(c)(i), if we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
    • In sending the Product back to us, you agree to ensure that the Product is:
      • delivered with proof of tracking and proof of purchase (eg. receipt or tax invoice) as we will not be responsible if the Product is lost in transit; and
      • packaged and stored in a way that will not cause any further harm or damage to the Product as we will not be responsible for any damage caused during return transit due to inadequate protection or storage methods.
    • Subject to 7.3(c)(iii)(B), you agree to contact the delivery provider in seeking any remedies available to you where the Product is damaged during transit and has interfered with our ability to assess the Product.
    • 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.
    • For some Products that we cannot assess ourselves, we may arrange for the Product to be sent to the manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take several weeks to complete this process.
    • If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
    • If you fail to comply with the provisions of this clause 7 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund, no refund, exchange or store credit in respect of the faulty Product.
    • Nothing in this clause 7 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.
  • (Pre-Order Products) We do not allow exchanges or returns for Products that haven’t been released or is not currently in stock. Please choose carefully as all orders for Pre-order Products are final and will be shipped to you when items are in stock.. If you wish to receive in-stock items prior to Pre-order Products, please note that you will need to place two separate orders with separate delivery charges.
  • (Non-defective Exchanges) If we agree to issue you with an exchange of a non-defective Product, we may in our absolute discretion choose to charge you a restocking fee equivalent to 15% of the initial price of the Product. We will contact you after assessing the Product to advise if the restocking fee applies.
• INTELLECTUAL PROPERTY
  • Two Turtle Doves Australia retains all intellectual property rights in the design and styling of the Products on our Website and social media pages, including the labelling, slogans and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
  • In this clause 8, “intellectual property rights” means all copyright, slogans, creative styling, 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.
• PUBLISHING MEDIA ONLINE AND ON SOCIAL MEDIA 
  • Uploads
    • You may publish images or videos of the Products online or on social media (or both). If you publish images or videos of the Photos, we ask that you provide accreditation to “Two Turtle Doves Australia” by watermark, reference, tagging or hashtag. We reserve the right to require you to remove any images or videos that include the Products or remove any accreditation to us.
    • You agree not to:
      • upload, distribute, or otherwise publish through the Website any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law; and
      • upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Accordingly, you acknowledge that use of the site for any illegal or unauthorized purpose is strictly prohibited.
    • REVIEWS and Harassment
      • You may provide us with feedback regarding our Products and services Hirers through our Website and any related platforms (Review).
      • You agree to only provide true, fair and accurate information in your Reviews.
      • If we consider that a Review is untrue, unfair, defamatory, inaccurate, offensive or inappropriate, we may delete the Review and/or ban you from posting further Reviews.
      • Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including as Two Turtle Doves Australia or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
    • THIRD PARTY SUPPLIERS
      • We may do any of the following:
        • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
        • procure materials and Products from third party suppliers, without further notice to or permission from you.

• 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.

• Charity Campaigns

Two Turtle Doves Australia may from time to time run and conduct campaigns for charitable purposes as a means to give back to the community (Charity Campaigns). The details of such Charity Campaigns will be set out on our Website which will be updated from time to time. By purchasing our Products, you acknowledge that you may automatically become a participant of our Charity Campaigns.

• Game of Chance and Skill

Two Turtle Doves Australia may from time to time run free-entry competitions to promote our Products and services. These competitions may take the form of the following:

• Game of Chance – in which the winner is drawn at random from a group of eligible participants (eg. by drawing a name out of a hat or utilising random selection tools); or
• Game of Skill – in which the participants are required to submit an entry which is then judged on its merit to determine the winner (eg. an entry might include writing an essay on a certain topic or taking and submitting a relevant photograph).

Part B: For When You Browse This Website…

• 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.

• YOUR OBLIGATIONS

You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Two Turtle Doves Australia;
• use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• 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;
• use the Website with the assistance of any automated scripting tool or software;
• act in a way that may diminish or adversely impact the reputation of Two Turtle Doves Australia, including by linking to the Website on any other website; and
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.
• INFORMATION ON THE WEBSITE
  • 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:
    • the Website will be free from errors or defects (or both, as the case may be);
    • the Website will be accessible at all times;
    • messages sent through the Website will be delivered promptly, or delivered at all;
    • information you receive or supply through the Website will be secure or confidential; and
    • any information provided through the Website is accurate or true.
  • 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.
• INTELLECTUAL PROPERTY
  • Two Turtle Doves Australia 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.
  • 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 Two Turtle Doves Australia or as permitted by law.
  • In this clause 16, “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.
• THIRD PARTY TERMS AND CONDITIONS
  • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
  • You agree to any Third Party Terms applicable to any third party goods and services, and Two Turtle Doves Australia will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
• LINKS TO OTHER WEBSITES
  • 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.
  • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
• THIRD PARTY PLATFORM
  • This Website is powered by third party platforms like Shopify and Klaviyo and the terms and conditions of those third party providers may apply to your use of this Website to the extent applicable to you.
  • To the maximum extent permitted under applicable law and our agreement with our third party platform providers, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
• SECURITY

Two Turtle Doves Australia 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.

• 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

• LIABILITY
  • (Liability) To the maximum extent permitted by applicable law, Two Turtle Doves Australia limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) 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 agreement or any goods or services provided by Two Turtle Doves Australia to the total Fees paid by you to Two Turtle Doves Australia under the most recent Order.
  • Claims for loss of or damage to Products in transit must be made against the carrier.
  • Products sold by Two Turtle Doves Australia, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
  • All other express or implied representations and warranties in relation to Products and the associated services performed by Two Turtle Doves Australia are, to the maximum extent permitted by applicable law, excluded.
  • 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.
  • (Indemnity) You indemnify Two Turtle Doves Australia and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
    • breach of any third party intellectual property rights;
    • breach of any of these terms;
    • use of the Website;
    • negligent, wilful, fraudulent or criminal act or omission; or
    • use of any goods or services provided by Two Turtle Doves Australia.
  • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Two Turtle Doves Australia 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 Two Turtle Doves Australia (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
• GENERAL
  • 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (currency) a reference to $, or “dollar”, is to Australian currency;
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (time zones) a reference to time under these terms and within the Website is always to Australian Eastern Daylight time or Australian Eastern Standard Time.
  • (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;
  • (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;
  • (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;
  • (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;
  • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (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.
• NOTICES 
  • Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
  • If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
  • The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received