Terms and Conditions

CUSTOMER TERMS OF USE (29/11/22)

Welcome to Urban Swan!

We have partnered with the best Merchants in the business to ensure you enjoy a memorable date experience.

These terms of use (Terms) govern your use of the Urban Swan Website and any goods or services made available through the Website. By using the Website, you agree to be bound by these Terms which forms a binding contractual agreement between you and Urban Swan.

To help you read these Terms, capitalised words and phrases used in these Terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s) or as set out in the Definitions in clause 2.

We may update any part of these Terms at any time without notice to you. By continuing to use the Website, after such an update, you agree to be bound by these Terms as amended.

We encourage you to check the date at the top of these Terms to see when we last updated it.

GENERAL

(a) You will be taken to have accepted these Terms, as a binding contractual agreement between you and Urban Swan, when you use the Website (including by purchasing an Experience or registering for an Account).

(b) By using our Website, including purchasing an Experience, you represent and warrant that:

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

(ii) you are authorised to use the debit or credit card or other payment means you provide at the time of checkout.

(c) If you use the Website on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “Customer” and “you” means the Represented Entity, and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Website on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

DEFINITIONS

Accounts - means the account created by the Customer in accordance with clause 3.

Affiliate Listing - has the meaning given in clause 3(a)(ii).

Affiliate Partner - means an affiliate partner of Urban Swan which processes payment and bookings of Affiliate Listings.

Aggregated Listing - has the meaning given in clause 3(a)(i).

Australian Consumer Law - means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Booking Confirmation - has the meaning given in clause 7(b).

Customer, or you - means the entity that enters into these Terms, including the Represented Entity if applicable.

Experience - means any goods, services or activities that make up a Listing, and performed as Merchant Services under Merchant Terms.

Hosted Listing - has the meaning given in clause 3(a)(iii).

Intellectual property Rights - means all copyright, trade mark, design, patent, 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 this agreement both in Australia and throughout the world.

Listing - has the meaning given in clause 3(a).

Merchant - means the third party person or entity who performs the Merchant Services.

Merchant Services - means any goods, services or activities performed by a Merchant for the purposes of an Experience.

Merchant Terms - has the meaning given in clause 5(b).

Participant - means any person(s) that will attend an Experience booked by the Customer.

Represented Entity - has the meaning given in clause 1(b).

Urban Swan, or we, us or our - means The Urban Swan Pty Ltd (ACN 645 526 512) t/as Urban Swan.

Website - means the Urban Swan website, being www.urbanswan.com and any other websites Urban Swan operates with the same domain name and a different extension.

LISTINGS

(a) We list the following types of Experiences on our Website (collectively Listings):

(i) Aggregated listings – Listings created by us using information freely available from Merchants where you are re-directed to the Merchant’s website to pay for and book an Experience (Aggregated Listing);

(ii) Affiliate listings – Listings where you pay and book for an Experience through our Affiliate Partner’s booking and payment platform (Affiliate Listings); and

(iii) Hosted listings – Listings where you pay and book for an Experience directly through our Website (Hosted Listing).

(b) Clauses 7 to clause 12 (inclusive) of these Terms do not apply to any Aggregated Listings on the Website (i.e. those Listings where you are redirected to the Merchant’s website to pay for and/or book an Experience).

(c) In addition to these terms, any Merchant Terms that apply to the purchase of an Experience from a Listing will be set out in the Listing description.

URBAN SWAN ACCOUNT

(a) You can view the Website, including Listings, without an Account. You may purchase an Experience by registering an Account or checking out as a guest.

(b) As part of the Account registration process, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password that meets our password criteria, billing information, residential or business address, current state or territory of residence, mobile phone number, and other information as determined by Urban Swan from time to time.

(c) You warrant that any information you give to Urban Swan while registering for an Account will always be accurate, honest, correct and up-to-date.

(d) Once you complete the Account registration process, we may, at our absolute discretion, choose to provide you with an Account.

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

(f) If you purchase an Experience as a guest, you are still required to provide personal information and details, such as email address, first and last name, billing information, address, mobile phone number, bank account information, and other information as determined by us from time to time.

DISCLAIMERS

(a) (Descriptions of Listings) We try our best to ensure that Listing descriptions on the Website are accurate and up-to-date, however the information provided in Listings is general in nature and the specific content or format of some Experiences may change slightly from time to time. Urban Swan will use its best endeavours to ensure the Listing substantially matches the Merchant Services provided by the Merchant however we are not responsible for minor variations in the Merchant Services.

(b) (Merchant Terms) In addition to these Terms, your participation in an Experience may be subject to the terms and conditions of a Merchant (Merchant Terms). Any Merchant Terms provided by a Merchant in relation to an Experience, are entered into as a separate and binding contractual agreement between you and the Merchant. Urban Swan is not a party to, and accepts no liability under, any Merchant Terms.

(c) (Photos) Any photos used on our Website as part of a Listing are provided as a general indication only of what the Experience entails and may not be provided directly from the Merchant themselves. Any photos are for promotional and advertising purposes only.

(d) (Duration) Any session lengths provided on a Listing are estimates only and are provided as a guide to the total time an Experience may take. We are not responsible for minor variations between the estimated and actual session start/end time and session length.

(e) (Restrictions) Some Experiences are subject to minimum age, weight or health requirements or other restrictions. Any requirements or restrictions relevant to a particular Experience will either be set out in the Listing or contained within the Merchant Terms. Please read the Listing and the Merchant Terms carefully before purchasing the Experience. It is your responsibility to read and understand any requirements and restrictions relevant to an Experience before purchasing. If you purchase an Experience and are required to cancel later due to not meeting certain requirements or restrictions, the terms of our Refund Policy (which can be accessed <here>) will apply and you may not be entitled to a refund.

INTRODUCTORY SERVICE ONLY

(a) You acknowledge and agree that:

(i) the Website provides introductory services only and Urban Swan does not perform any of the Merchant Services that make up an Experience listed on our Website. The Merchant Services that make up an Experience will be performed by the Merchant themselves;

(ii) we do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Merchant who is listed on our Website;

(iii) we do not endorse or recommend any Merchant or Experience and an introduction via our Website does not imply any endorsement or recommendation of any Merchant or Experience by us; and

(iv) we do not make any guarantees or warranties about the Merchant Services.

(b) For Hosted Listings and Affiliate Listings, Urban Swan collects a service fee from the Merchant in consideration for providing this introduction service (Service Fee). The Service Fee is payable separately by the Merchant and is not passed on to you. We do not collect any fees for Aggregated Listings.

(i) act, omission or default (whether negligent or otherwise); or

(ii) loss or damage occasioned by any negligent act or omission by,

of any Merchant in providing an Experience.

BOOKINGS, REFUNDS, RESCHEDULING & CANCELLATIONS

(a) Subject to 10(a), at checkout you will be required to select your preferred date and time for the Experience (Booking).

(b) Your Booking is not secured until we have approved your payment and you receive an email from us confirming that your Booking is confirmed (Booking Confirmation).

(c) If you are purchasing a voucher and elect to request a time, Urban Swan cannot guarantee that these times are available. If your preferred time is not available, Urban Swan will notify you as soon as possible and offer you an alternative date and time at no additional cost.

(d) If you are required to reschedule or cancel your Booking after receiving your Booking Confirmation, you must let us know as soon as possible either through our live chat function on our Website, by email at hello@urbanswan.com or by calling +61 02 7908 5518.

(e) You may seek a refund from Urban Swan for any changes to your booking (e.g. cancellations of an Experience by the Merchant) in accordance with Urban Swan’s Refund Policy (which you can view here), or in accordance with any refund policy of the Merchant as set out in the Merchant Terms (if applicable). You acknowledge that additional fees may apply to any changes to your Booking. If the Merchant’s refund policy applies to an Experience, this will be set out on the Listing description for that particular Experience. In the event of any conflict between Urban Swan’s Refund Policy and any refund policy of the Merchant, Urban Swan’s Refund Policy will override to the extent of that inconsistency. While Urban Swan uses its best endeavours to ensure that availability for an Experience on a Listing is accurate and up-to-date, available dates and times are guidelines only and are subject to change.

(e) In some circumstances we may be required to reschedule your Booking if your selected date and time is not available. If this occurs, Urban Swan will notify you as soon as possible and offer you an alternative date and time at no additional cost. If the alternative date and time does not suit you, we will provide you with a full refund.

(f) An Experience may be cancelled by the Merchant due a number of unforeseeable circumstances, including weather, and this is beyond Urban Swan’s control. If a Merchant cancels an Experience for any reason, you will be offered to reschedule your Booking to an alternative date and time up to the value of your original Booking. If the alternative date and time does not suit you or the Merchant is unable to reschedule your Booking, we will provide you with a full refund.

(g) To the maximum extent permitted by law, Urban Swan will not be liable for any travelling, accommodation or other expenses incurred by you or a Participant in the event of your Booking being rescheduled or cancelled.

(h) notwithstanding anything else in these Terms, the Website, or the Refund Policy, the maximum amount of any Gift Voucher or Website credit is limited to $4,999. We will not process any purchase for a Gift Voucher for more than $4,999, or process any request for Website credit if this will result in you accumulating more than $4,999 in Website credit.

ON THE DAY OF YOUR BOOKING

(a) You are responsible for ensuring that you and all Participants arrive at the location of your Booking on time. You acknowledge that late arrival may not be able to be accommodated by the Merchant and may result in your inability to enter or attend the Experience.

(b) While we understand you want to enjoy the occasion, please act responsibly and respectfully. We are not responsible for any issue, loss, injury or refusal of entry caused (even if indirectly caused) by any Attendee’s intoxication, inebriation or irresponsible or disrespectful behaviour. Our Merchants are responsible for complying with Responsible Service of Alcohol requirements and you will not be entitled to any refund if an RSA restriction is imposed on you or any Participant.

(c) You must ensure, and must ensure that all Participants, at all times follow the (reasonable and lawful) instructions of the Merchant.

(d) If you or any Participants post photos of videos on social media of the Experience, we ask that you please use our hashtag #urbanswan and/or tag us @urban.swan.

PAYMENT

(a) All prices on our Website are:

(i) in Australian Dollars; and

(ii) subject to change prior to you purchasing an Experience without notice.

(b) Urban Swan reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(c) Urban Swan may use third-party payment Merchants (Payment Merchants) to collect payments for Experiences on the Website. The processing of payments by the Payment Merchant will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Merchant and Urban Swan are not liable for the security or performance of the Payment Merchant. As at the date these terms were last updated, Urban Swan’s Payment Merchants are Stripe and Afterpay and their terms and conditions can be accessed here: Stripe and Afterpay.

(d) In the event that we discover an error or inaccuracy in the price at which your Experience 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 Experience at the correct price, or cancelling your Experience. If you choose to cancel and payment has already been debited, the full amount will be credited back to your original method of payment.

(e) For an Affiliate Listing or Hosted Listing, you must not make payment to a Merchant, or request or entice a Merchant to accept payment, outside our Website or our Affiliate Partner’s platform, as applicable.

GIFT VOUCHERS

(a) At the time of checkout you may also select to purchase a gift voucher for a specific Experience (Gift Voucher). Purchasing a Gift Voucher allows you to book in your Experience at a later date. On the checkout page you also have the option of requesting a time prior to purchase. We cannot guarantee that these times are available. If your preferred time is not available, Urban Swan will notify you as soon as possible and offer you an alternative date and time at no additional cost.

(b) To redeem a voucher and book in your experience, please input your booking code and request your preferred date and time for the experience. We will do our best to confirm your desired booking time as soon as possible. If your preferred booking time is not available our customer service team will be in touch to arrange an alternative time. We also recommend that you contact us well in advance with booking preferences as that way you’ll have the best chance of securing your spot.

(c) All Gift Vouchers are valid for 3 years from the date of purchase. After a Gift Voucher has expired, it is no longer valid and cannot be redeemed.

DINE & DISCOVER NSW VOUCHERS

We may from time to time accept Dine & Discover NSW vouchers when purchasing an Experience. By using a Dine & Discover NSW voucher when purchasing an Experience you agree to the additional terms and conditions of Service NSW accessible here.

COUPON CODES

(a) We may provide coupon or discount codes offering a discount on an Experience (Coupon Code). To use a Coupon Code, you will need to enter its code at checkout.

(b) A Coupon Code may not be applied retrospectively to the purchase of an Experience. Coupon Codes are non-transferrable and cannot be redeemed for cash or Website credit.

(d) We reserve the right to verify the validity of Coupon Code use at any time. If there has been (or we have reason to believe there has been) any unauthorised use we will immediately cease all activity on your Account.

(e) We reserve the right to remove any Promotional Offer or Coupon Code without notice at any time.

(f) Unless otherwise specified Coupon Codes may only be used once per person.

(g) Coupon Codes have a minimum spend value of $50

LOYALTY PROGRAM

13.1 GENERAL

(a) VIP Pass is a loyalty program managed by Urban Swan for the benefit of our customers (Program). You must have an Account in order to be eligible to join the Program.

(b) The Program is a points-based program with different membership tiers. Points are earned by your purchase of Urban Swan Experiences and by your completion of certain tasks, such as creating your first wishlist or referring a friend to Urban Swan (Qualifying Tasks). The amount of points earned for completion of each Qualifying Task will be set out on our Website and may be varied from time to time.

(c) We may change the terms of our Program including the minimum cumulative spend required to qualify for each respective tier (“Spend”), the Qualifying Tasks, the benefits and rewards applicable to each tier (“Benefits”) or any other feature of the Program. Therefore, different terms may apply each time you interact with the Program.

13.2 TIERS AND MEMBERSHIP CYCLE

(a) Your tier is determined by your Spend during a Membership Cycle. To qualify for a higher tier, you must Spend the minimum amount required by that higher tier within a Membership Cycle.

(b) A “Membership Cycle” means the period from the date upon which you are enrolled into the current tier to the last day of that existing calendar year. A new Membership Cycle will commence on the day following the end of your previous Membership Cycle.

(c) The Spend levels associated with each tier are available to view on our Website and may be varied in our sole discretion from time to time.

(d) You may skip tiers if you have qualified for a higher tier in a single purchase.

13.3 BENEFITS

(a) Once you reach the minimum Spend per Membership Cycle required by a particular tier, you will receive access to the Benefits applicable to that tier. The Benefits applicable to each tier are set out on our Website and may be varied in our sole discretion from time to time.

(b) The Benefits applicable to each tier are mutually exclusive. You may only redeem the Benefits in your current tier and not in any other tier. For example, if you are the GOLD tier, you may only redeem Benefits for that tier, and not in the PINK or BLACK tier.

(c) We will not be responsible for Benefits that are lost or redeemed due to fraudulent activity by you or any other party.

(d) You acknowledge and agree that Benefits or a Spend:

(i) cannot be combined with any other promotional offers, discounts or rewards offered by us; and

(ii) cannot be transferred, shared or combined.

(e) Once you have reached a certain tier, you may redeem the Benefits applicable to that tier by making an order through our Website with your Account.

(f) You acknowledge and agree that unused Benefits in a Membership Cycle expire at the end of that Membership Cycle and cannot be rolled over or combined with Benefits in a subsequent Membership Cycle.

13.4 BIRTHDAY AND ANNIVERSARY REWARDS

(a) You may also be eligible for birthday and anniversary rewards under the Program by submitting your birthday and anniversary details through your Account.

(b) Subject to this clause 13.4, you acknowledge and agree that:

(i) you must contact us to request any change to birthday details or anniversary details submitted by you, which we may approve or deny in our absolute discretion; and

(ii) you are entitled to only one birthday and anniversary reward per calendar year regardless of the number of times you change your details.

13.5 REFERRAL PROGRAM

Subject to clause 13.1(b), you may accumulate points which you can then exchange for credit if you refer a person to us and that person makes an actual purchase of an Experience through the Website.

INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

PRIVACY

You agree to be bound by our Privacy Policy, which can be accessed here.

INTELLECTUAL PROPERTY

(a) We retain ownership of, and reserve all rights in, any Intellectual Property Rights owned or licenced by us for all materials (whether owned or licenced by us) developed and/or provided in connection with the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content).

(b) You may make a temporary electronic copy of all or part of the Website Content for the sole purpose of viewing and using the Website. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website Content.

THIRD PARTY CONTENT

The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

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

SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website. You should take your own precautions to ensure that the process you employ to access the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

YOUR OBLIGATIONS

You must not:

(a) share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Website’s security;

(b) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website;

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

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

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

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

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

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

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

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

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

COMPLAINTS

(a) Participant satisfaction is important to Urban Swan. However, ultimately enjoyment of the Experience is beyond our control and in the hands of the Merchants.

(b) If you are not satisfied with the Merchant Services or any part of your Experience, please advise us in writing at hello@urbanswan.com or complete this form.

(c) Complaints must be submitted to Urban Swan in writing with full details of the nature of the complaint. You may be asked to provide additional information about your complaint, which you will need to provide in a timely manner. Urban Swan will make a preliminary determination on whether the complaint has merit.

(d) If Urban Swan does not consider your complaint to have merit, we will not direct your complaint to the Merchant and will notify you of this decision. Our decision in this respect will be final.

(e) If Urban Swan does consider your complaint to have merit, we will submit your complaint to the Merchant and encourage them to consider an appropriate remedy (with regard to the Australian Consumer Law). If the Merchant makes an offer for a remedy, we will put that offer to you and you will need to either accept or reject that offer in a timely manner.

(f) If, through Urban Swan, the Merchant and the Customer cannot agree to an appropriate remedy within 10 Business Days of the complaint being provided to the Merchant, the Merchant and the Customer will attend mediation in good faith until the dispute can be resolved (with the costs to be split equally between each party). Urban Swan will only attend the mediation to the extent required by the mediator.

LIABILITY

22.1 LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Urban Swan limits all liability in aggregate of all claims to 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 these Terms or any goods or services provided by Urban Swan to:

(a) if the liability relates to an Experience purchased on the Website, the amount paid for the relevant Experience; or

(b) if the liability does not relate to an Experience purchased on the Website, then to $100.

22.2 INDEMNITY

You agree at all times to indemnify and hold us harmless and our officers, employees, agents and contractors (Those Indemnified) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of Those Indemnified where such loss or liability was caused or contributed to by your or your officers’, employees’, agents’ or contractors’:

(a) breach of any clause of these Terms;

(b) participation in any Merchant Services;

(d) negligent, fraudulent or criminal act or omission.

22.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, under no circumstances will Urban Swan 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 these Terms or any goods or services provided by Urban Swan (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

GENERAL

23.1 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 this agreement. 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.

23.2 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.

23.3 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 this agreement is not limited or otherwise affected.

23.4 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.

23.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

23.6 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 this agreement.

23.7 ENTIRE AGREEMENT

These Terms 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 this agreement

23.8 INTERPRETATION

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

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

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) 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 this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

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

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

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

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Terms & Conditions