Welcome to Glowrene.

In these terms, we also refer to The Allied Health Code Pty Ltd ABN 65 673 217 804 trading as ‘Glowrene’ as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being www.glowrene.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 a once-off single product (“Product”) or a subscription for the ongoing purchase of a selected Product(s) (“Subscription”) through this Website (collectively, an “Order”).

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 [Insert Link].

Disclaimer

Glowrene provides information regarding its Products that is general in nature and intended for informational purposes only. Any information on our Website is not a substitute for professional medical advice, diagnosis or treatment. Our Products are not intended to replace consultation with a qualified healthcare professional. Before making any changes to your diet, supplements, health routine or lifestyle, you should seek medical advice to assess suitability and any associated risks.

Glowrene does not provide medical or therapeutic advice. Any recommendations or advice on the Website are Glowrene’s opinion or are personal opinions from our customers, and are in no way to be taken as medical advice and are not exhaustive of all possible solutions or remedies.

We do not claim to cure, treat or diagnose any disease or illness. We encourage you to seek medical advice from your general practitioner if you are unsure about anything related to our Products.

If you have an existing medical condition, are pregnant or breastfeeding, are taking medication, or have concerns about hormonal health, you should consult your healthcare professional before using our Products. If you experience any adverse effects, discontinue use and seek medical advice promptly.

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 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. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

Part A – For When You Buy Products…

1. Submitting An Order

  1. By submitting an order for purchase of a Product 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 single Product or Subscription you have ordered in exchange for your payment of the total amount listed upon checkout.
  3. 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 a Product, 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 as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
  3. 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.
  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 suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

3. Products

3.1 General

  1. Depending on your selection at the time of checkout, your Order will include either the one-off Product or ongoing delivery of the Subscription of Products as selected at the time of checkout.
  2. 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.
  3. Until the price of your Products is paid in full, title in those Products is retained by Glowrene. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.
  4. The Product disclaimers set out at clause 4 apply to all Orders.
  5. 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.

3.2 Subscription Term

  1. Some of our Products may be purchased via a Subscription service, where you will receive an ongoing subscription for the selected Products as described on our subscriptions page, in the frequency you choose (e.g. every 60 days, or every 90 days etc) at checkout (Subscription Services). The Subscription and their details and prices are listed on the Website.
  2. At the time of placing your Order, you have the option to select the duration of your Subscription Service, being for example, a 30- or 60-day period for your Subscription (Subscription Period).
  3. You cannot cancel your Subscription during the initial Subscription Period. After the initial Subscription Period, your Subscription will automatically renew on the same basis, for the same duration and price you paid for the initial Subscription Period (Renewal Period), unless you let us know either by email or through your Account that you would like to pause, modify or cancel your Subscription in accordance with clause 3.3 below.

3.3 Subscription changes and cancellation

  1. If you would like to pause, modify, or cancel your Subscription after the initial Subscription Period has ended, you must notify us (either by email or through your Account) at least 2 Business Days before the end of your current Subscription Period or any subsequent Renewal Period (Renewal Date). Any requests received after this cut-off will not take effect until the following Renewal Date.
  2. (Modifying your Subscription) You may change your Subscription Period by increasing or decreasing the delivery frequency (e.g., changing between 30, or 60-day cycles). Any modifications to your Subscription Period will take effect at the end of your current Subscription Period. The new Subscription Fees and Subscription Period will apply automatically from your next Renewal Date.
  3. (Pausing your Subscription) You may request to pause your Subscription for a maximum duration of 2 months via emailing us at info@glowrene.com.au. At the end of the pause period, your Subscription will automatically reactivate, and your billing will resume on your standard Renewal Date, unless you notify us that you wish to cancel your Subscription in accordance with clause 3.3(d).
  4. (Cancellation of Subscription) You may cancel your Subscription at any time after the initial Subscription Period. If you choose to cancel, please note that:
    1. your Subscription will continue until the end of your current Subscription Period, and you will receive your final Products for that period;
    2. you will be billed for the remainder of the current Subscription Period;
    3. we do not provide pro-rata refunds for the remaining duration of a Subscription Period. Any such refunds remain entirely at our absolute discretion; and
    4. your cancellation will finish at the end of the current Subscription Period, and you will not be charged on the next Renewal Date for a Renewal Period.

4. Product Disclaimers

  1. (No medical advice) The information provided on our Website is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
  2. (Product Information) While we strive to provide accurate and up-to-date information about our Products, including their ingredients, usage, and benefits, we cannot guarantee that all information is entirely accurate, complete, or current. Please carefully read all product labels and packaging before use.
  3. (Individual Results) Results from using our Products may vary from person to person. The effectiveness of supplements can depend on various factors, including individual health conditions, lifestyle choices, and genetic predispositions.
  4. (Allergies and Sensitivities) Some individuals may have allergies or sensitivities to certain ingredients in our Products. You must review the ingredient list carefully before use and consult a healthcare professional if you have known allergies, sensitivities or underlying health conditions. If you experience any adverse reaction after using our Products, you must discontinue use immediately. Where symptoms are severe, persistent, or include signs of an allergic reaction (including swelling, difficulty breathing, or rash), you should seek urgent medical attention or emergency care immediately.
  5. (Product Safety) Our Products undergo rigorous testing and adhere to strict quality standards. However, if you experience any adverse reactions or side effects from using our Products, discontinue use immediately, and consult with a healthcare professional.
  6. (Regulatory Compliance) We comply with all applicable laws and regulations governing the sale and distribution of supplements. However, it is your responsibility to ensure that the Products you purchase comply with the regulations in your jurisdiction.
  7. (Use and Store as Directed) Always use and store the Products in accordance with the instructions provided by the manufacturer on the Product packaging. Follow the recommended dosage and usage instructions provided with each Product. Do not exceed the recommended dosage unless directed by a healthcare professional.

5. Payment

5.1 General

  1. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
  2. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Glowrene, you must pay the GST subject to Glowrene providing a tax invoice.
  3. (Card surcharges) Glowrene 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).
  4. (Online payment partner) We may use third-party payment providers such as Stripe or Paypal (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 accessible here (PayPal)/ here (Stripe), and to the maximum extent permitted by law, we will not be 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.
  5. (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.

5.2 Payment For Single Products

All prices are:

  1. as displayed and accepted by you at the time of checkout;
  2. payable at the time of placing an Order; and
  3. per Product.

5.3 Payment For Subscriptions

  1. All Subscription Fees must be paid in advance and are non-refundable for change of mind.
  2. (Renewals) The Fees for your subscription (Subscription Fees) Fees will continue to be billed and renew indefinitely on each Renewal Date, unless pause, modify, or cancel your Subscription in accordance with clause 3.3.
  3. (Direct Debit) The Subscription Fees are paid using direct debit (DD). In signing up for a Subscription, you:
      1. authorise direct debit in line with our Payment Provider’s separate DD Authorisation Form and any DD Agreement (as applicable);
      2. agree to enter into any DD Agreement required by our Payment Provider (as required);
      3. authorise us to charge your bank account or credit card in advance in line with any DD Authorisation Form and any DD Agreement;
      4. must ensure that there are sufficient funds available in your account to allow
      5. our Payment Provider to debit the Fees payable;

    acknowledge and agree that there may be additional payments required from the Payment Provider if you miss or fail to make any payment. These terms are separate and in addition to this agreement; and

    1. acknowledge that we will not pay any charge back amount if you fail to cancel your Subscription in accordance with this clause.
  4. By choosing a recurring payment plan, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorisation from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via the email address set out on our Website.
  5. If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you have up to 2 Business Days from the date of that renewal to cancel your Subscription by contacting us through our Website or info@glowrene.com.au (Grace Period). If you cancel your Subscription within the Grace Period, please contact us via our Website to request a refund for any recurring fees charged to you during the Grace Period.
  6. We may, from time to time, change our Subscription Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Subscription with us in accordance with clause 3.3(d).

6. Discount Codes

  1. From time to time, we may provide promotional offers and codes offering a discount on the Products (Discount Code). To use a Discount Code, you will need to enter its code at checkout.
  2. You agree that Discount Codes:
    1. cannot be applied retrospectively;
    2. are non-transferable;
    3. cannot be redeemed for cash or store credit; and
    4. may be subject to additional terms or conditions and we recommend you check the terms of any promotion to avoid disappointment.
  3. We reserve the right to deny use of a Discount Code for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud us through the use of a Discount Code

7. Gift Cards

  1. We may issue gift cards for use in our Website (Gift Cards).
  2. Gift Cards are valid online at our Website are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.
  3. 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.

8. Delivery And Shipping

  1. We may from time to time offer free delivery in Australia on carts above a certain amount (Free Delivery). If we do decide to offer Free Delivery, the terms and conditions for Free Delivery will be set out on the Website.
  2. (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. For Subscription Orders, the delivery cost agreed to at checkout will be added to your Subscription Fees and charged on each subsequent Renewal Date, unless we notify you otherwise.
  3. (Delivery Details) Glowrene 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 Glowrene; and
      2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.

    If you have a Subscription, you are responsible for keeping your delivery address up to date. You must update your delivery address via your Account at least 2 Business Days prior to your next Renewal Date. If you fail to do so, we will not be liable for any Products delivered to an old or incorrect address, and we will not provide a replacement or refund.

  4. (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.
  5. (International Orders) Glowrene reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

9. Changes To Your Order

9.1 Cancellation By Us

We reserve the right to cancel your order for any reason and we 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.

9.2 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. However, our refunds and exchanges process in clause 10 may apply.

10. Returns And Exchanges

10.1 change of mind returns

  1. Due to health regulations and the consumable nature of our Products, we do not accept returns, or offer refunds or exchanges, for change of mind once an Order has been processed and dispatched. Please review your cart carefully before completing your purchase, noting the disclaimers in relation to our Products in clause 4.
  2. However, at Glowrene, we want you to be satisfied with our Products. If you have any questions, or issues with your Products upon receiving them (for example, if a Product arrives damaged or defective), please reach out to us directly so we can help troubleshoot the issue. You can contact us via the contact form on our Website or by emailing us at info@glowrene.com.au.

10.2 Defective Products

  1. 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 defective, in accordance with clause 10.2(b), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
  2. (Defective products) The following process applies to any Product you believe to be defective.
    1. If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the defect (including images and/or videos).
    2. If we determine that your Product may be defective, we will request that you send the Product back to us [at your cost] for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product defective.
    3. If we determine in our reasonable opinion that the Product is not defective, or is defective 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 defective, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the defect. 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 10 in respect of a defective Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product.
    6. Nothing in this clause 10 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.

11. Intellectual Property

  1. Glowrene retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
  2. In this clause 11, “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.

12. Ratings & Reviews

  1. We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website.
  2. You agree:
    1. to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;
    2. to provide true, fair and accurate information in your Review; and
    3. that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.
  3. You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms.
  4. We reserve the right to remove or delete any Rating or Review (including any Photo) for any reason.

13. Third Party Terms Suppliers

  1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
  2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 9.

Part B – For When You Browse This Website…

14. 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.

15. 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 Glowrene;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing 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 Glowrene, 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.

16. 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 from time to time, you may encounter the following issues:
    1. the Website may have errors or defects (or both, as the case may be);
    2. the Website may not be accessible at times;
    3. messages sent through the Website may not be delivered promptly, or delivered at all;
    4. information you receive or supply through the Website may not be secure or confidential; and
    5. any information provided through the Website may not be accurate or true.
  2. (Not Medical Advice) The content on this Website is not a substitute for professional medical advice, diagnosis, or treatment. We do not claim to cure, treat, or diagnose any disease or illness, and none of our staff are medically trained. You must not rely on any information on our Website as an alternative to seeking medical advice from your general practitioner or a qualified healthcare provider.
  3. You acknowledge and agree that the medical and product disclaimers set out in clause 4 apply equally to all information, blogs, articles, and content you access, read, or interact with on this Website. Before making any changes to your diet, health routine, or otherwise based on content you read on our Website, you should seek medical advice to evaluate any risks.
  4. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

17. Intellectual Property

  1. Glowrene 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 Glowrene or as permitted by law.
  3. In this clause 17, “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.

18. 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.

19. Third Party Platform

  1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://wordpress.com/tos/?_gl=1*1uiaa91*_gcl_au*MTk2NTQwNjQ4OS4xNzc0MzU1NTk3*_ga*NjQ1MTYzMjAuMTc3NDM1NTU5OA..*_ga_98K30SHWB2*czE3NzY3NzYxNjAkbzIkZzEkdDE3NzY3NzYxODckajMzJGwwJGgw
  2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any defect or error of the Website or any issues experienced in placing Orders.

20. Security

To the maximum extent permitted by law, Glowrene 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.

21. 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

22. Liability

22.1 Warranties

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

  1. Products sold by Glowrene, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
  2. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

22.2 Liability

  1. To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the amount paid by you to Glowrene in the [6] months preceding the date of the event giving rise to the relevant liability.
  2. Claims for loss of or damage to Products in transit must be made against the carrier.

22.3 Consequential loss

To the maximum extent permitted by law, neither party will 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 in connection with this agreement or any Products or services provided by us, except:

  1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

23. 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 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.

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 these terms 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 these terms 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 these terms.

23.7 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.

23.8 Interpretation

  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (currency) a reference to $, or “dollar”, is to Australian currency;
  3. (gender) words indicating a gender includes the corresponding words of any other gender;
  4. (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;
  5. (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;
  6. (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;
  7. (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;
  8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  11. (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.

24. Notices

  1. 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.
  2. 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.
  3. 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.