Terms And Conditions

These terms were last updated on 14th August 2024 ABN 37 661 467 456

Welcome to ShadeSpot™. ShadeSpot™ manufactures, distributes and sells custom retractable shade sails.

When we talk about “ShadeSpot™”, “we,” “our,” or “us” in these terms, we are referring to Provis Pty Ltd trading as ShadeSpot™ ABN 37 661 467 456. 

To make it easier for you to understand these terms, we’ve tried to keep them as simple as possible by using plain English. We’ve used capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

What are these terms about?

These terms apply when you browse and interact with our:

• website, being www.shadespot.com.au and any other websites we operate with the same domain name and a different extension (Website); and

• mobile application “ShadeSpot™ App” (App). 

These terms also apply when you purchase a WaveSail™ through our 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 www.shadespot.com.au/privacy-policy.

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 and/or App (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. Please don’t continue using this Website or App 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

(a) Prior to submitting an order for purchase of a Product using the Website’s functionality (Order), you will be required to complete various pre-purchase information stages designed to help you determine how to customise and instal the Product for your specific needs (Pre-Purchase Requirements).

(b) Specific details regarding Pre-Purchase Requirements can be found on our Website and may change from time to time.

(c) Following satisfaction of any Pre-Purchase Requirements, you will be able to place an Order.

(d) By submitting an Order, 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 you provide with your Order.

(e) 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.

(f) 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

(a) 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). 

(b) 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 (Information).

(c) You consent to us using your Information to contact you for matters relating to your Order.

(d) 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.

(e) 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.

(f) 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 PRODUCTS GENERALLY

(a) ShadeSpot™ warrants that any Products that are purchased from us are complaint with any relevant industry codes, standards or certifications.

(b) 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. However, we note that we frequently improve our Products and their associated components. Additionally, screen display, colour and brightness and image Quality may affect the image of the Products. You acknowledge that Products may not exactly match the image on our Website. 

(c) Until the price of your Products is paid in full, title in those Products is retained by ShadeSpot™. Risk in the Products will pass to you on delivery in accordance with clause 8. Delivery must not be refused by you.

3.2 INSTALLATION TOOLKIT

(a) Upon checkout, you will also be required to place a deposit for an installation toolkit for you to use to instal the Products (Installation Toolkit).

(b) The deposit used to pay for the Installation Toolkit will be added to your cart upon checkout (Deposit).

(c) Following delivery of the Products, you will be required to return the Installation Toolkit to the address specified on the prepaid label included as part of your Order.

(d) Any queries relating to the return of the Installation Toolkit must be directed to support@shadespot.com.au. 

(e) For the Deposit to be returned to you in full, the Installation Toolkit must be returned within 3 weeks of delivery of the Installation Toolkit, unless a variation of this period is agreed between you and us in writing (Initial Return Period).

(f) For each week following the Initial Return Period that the Installation Toolkit is not returned, 20% of your Deposit will be forfeited.

(g) After five weeks have passed since the conclusion of the Initial Return Period, you will be deemed to have purchased the Installation Toolkit and: 

(i) you will not be required to return the Installation Toolkit; and

(ii) any Deposit paid for the Installation Toolkit will be forfeited in full. 

(h) If we determine in our reasonable opinion that the Installation Toolkit is damaged upon return, you may be required to pay a repair or replacement fee that compensates us for this damage. 

4 UV PROTECTION

(a) Our Products are designed so that your exposure to UV radiation is significantly reduced when shade provided by the Products is being used. However, we do not warrant that our Products will entirely protect against UV radiation exposure and it is solely your responsibility to ensure that you take adequate steps to ensure you are protected from UV radiation when you use our Products.

(b) Our Products are not uniform and can be ordered in various different colours, of which lighter colours may offer less UV protection. You acknowledge and accept that by ordering Products that are lighter in colour, that these Products may offer less protection from UV radiation than products that are darker in colour. 

5 INSTALLATION

5.1 INSTALLATION

(a) Subject to clause 5.2, you may be required to instal any Products purchased by ShadeSpot™ (Installation). Instructions on how to instal the Products can be found on our Website, App, or other forms of media communicated to you from time to time (Installation Instructions).

(b) You warrant that at all times prior to or during the Installation of the Products:

(i) you have understood and followed any Installation Instructions provided by ShadeSpot™;

(ii) you have not misrepresented or provided inaccurate details that may negatively impact Installation;

(iii) you have the requisite skills, tools and experience to complete any Installation;

(iv) you do not have any health condition which might have the effect of making it more likely that you will be involved in an accident or injury resulting from Installation; and

(v) you have determined that the area where Installation will occur will be suitable for the Products.

(c) You acknowledge and agree that any Installation may be effected by factors outside of our control and that ShadeSpot™ cannot guarantee that your Installation will not be effected by these factors. 

(d) ShadeSpot™ will not be liable for any breaches of the warranties contained within clause 5.1(b).

5.2 THIRD PARTY INSTALLATION

(a) If you do not wish to complete Installation yourself, you are entitled to:

(i) engage any suitably qualified professional to complete Installation on your behalf (Third Party Installation); or

(ii) request that ShadeSpot™ arranges a suitably qualified professional to complete Installation on your behalf (ShadeSpot™ Installation).

(b) If ShadeSpot™ Installation is requested under clause 5.2(a)(ii), whether this request is accepted will be entirely at the discretion of ShadeSpot™.

(c) If ShadeSpot™ accepts a request for Installation of the Product, you will be required to pay a fee for this request to be deemed as accepted.

(d) In the event that Third Party Installation occurs, you must ensure that the individual completing the Third Party Installation:

(i) has understood and followed any Installation Instructions provided by ShadeSpot™;

(ii) has the requisite skills, tools and experience to complete any Installation;

(iii) does not have any health condition which might have the effect of making it more likely that they will be involved in an accident or injury arising from the Installation;

(iv) has determined that the area where Installation will occur will be suitable for the Products.

(e) ShadeSpot™ will not be liable for any damage or loss caused as the result of any Third Party Installation or ShadeSpot™ Installation.

6 ONGOING USE, DAMAGE & EXISTING CONSTRUCTION

6.1 ONGOING USE

(a) ShadeSpot™ Products have been designed to be used within specific conditions (Usage Instructions), which are described on our Website and/or App.

(b) You acknowledge and agree that you must comply with our Usage Instructions at all times and that ShadeSpot™ will not be liable for any damage or loss occasioning from your failure to follow any Usage Instructions.

6.2 DAMAGE

(a) You acknowledge that Installation might occasion minor damage to the area where the products are installed (Site). During Installation you are required to take steps to minimise any damage towards the Site and ShadeSpot™ will not be liable for any damage or for damage arising out of any pre-existing conditions of the Site.

(b) Where you incur costs repairing any damage to the Site occasioned during the Installation, whether by employing third parties to conduct repairs or otherwise, we will not be liable for such costs, unless we agree to remedy such damage in advance in writing.

(c) You accept the risk of defects or deficiencies in such goods and/or materials;

6.3 EXISTING CONSTRUCTION

(a) If during Installation you: 

(i) use any additional materials and/or goods that have not been supplied or approved by ShadeSpot™;

(ii) instal any Products at a Site that is not custom designed and built for the purpose of using the Products; 

ShadeSpot™ will not be required to: 

(iii) investigate the suitability, quality or fitness of any materials and/or site contemplated in clause 6.2(a); and

(iv) compensate you for any loss or damage occasioned to the Site and/or Products.

7 PAYMENT

(a) All prices are:

(i) per unit (except where indicated);

(ii) in Australian Dollars; and

(iii) subject to change prior to you completing an Order without notice.

(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

(c) (Discounts and Referral Rewards) We may offer:

(i) discounts on the price of the Products if you enter a valid code upon checkout; or

(ii) a cash reward if you have successfully refer someone to purchase the Products.

You accept and acknowledge that any discount or referral reward is entirely discretionary and we reserve the right to withdraw, or vary an offer at any time. We endeavour to include up-to-date information on our current offers on our Website. 

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

(e) (Card surcharges) ShadeSpot™ 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).

(f) (Online payment partner) We may use third-party payment providers such as Stripe (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, be subject to the terms, conditions and privacy policies of the Payment Provider which we will provide to you upon checkout 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.

(g) (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.

8 DELIVERY AND SHIPPING

(a) (Free Delivery) The Products will be delivered to you free of charge within Australia if the postcode of your delivery address falls within a specified metropolitan area (Reasonable Delivery). 

(b) (Delivery Costs) If Reasonable Delivery cannot occur, you will be charged a delivery fee, which will be added to your Order at checkout. 

(c) (Delivery Intervals) You acknowledge and agree that delivery of the Products will be made in two separate instalments. 

(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products. 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.

(e) (International Orders) ShadeSpot™ 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.

11 MONEY BACK GUARANTEE  

(a) We offer a money back guarantee (Money Back Guarantee).

(b) Money Back Guarantees will only be accepted on that condition that:

(i) you have completed Installation of the Product; and

(ii) you have requested a Money Back Guarantee within 30 days of Delivery of the Product.

(c) We reserve the right to request proof that you have satisfied the Money Back Guarantee criteria specified in clause 10(b) and reject Money Back Guarantee requests where this criteria has not been met.

(d) If we determine that a Money Back Guarantee request return is valid, you will be entitled to return the Products to the location specified on our Website and we cover the cost of shipping.

(e) ShadeSpot™ will not cover any costs associated with disassembling or uninstalling the Products.

(f) Upon our receipt of the Products, we will credit your account used for payment for the Products within 30 days.

(g) You acknowledge and agree that the issue of a Money Back Guarantee return will result in you being unable to purchase any additional ShadeSpot™ products for a period of 12 months from the time that the relevant Money Back Guarantee request is accepted.

11 RETURNS AND EXCHANGES

(a) (Refunds) We will provide a full refund of the price paid for a Product if we determine that:

(i) a Product you have ordered was not received by you solely due to failure by us;

(ii) 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

(iii) a Product is faulty, in accordance with clause 11(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

(b) If a refund is provided under clause 11(a)(ii), you will be required to return any Products to us to receive your refund.

(c) (Faulty products) The following process applies to any Product you believe to be faulty.

(i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us 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.

(iii) 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.

(iv) 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.

(v) If you fail to comply with the provisions of this clause 9 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

(vi) Nothing in this clause 9 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.

12 WARRANTY AGAINST DEFECTS

(a) All ShadeSpot™ Products provided by ShadeSpot™ are covered by ShadeSpot™’s limited warranty against defects (ShadeSpot™ Warranty).

(b) For further information about the scope of the ShadeSpot™ Warranty, please refer to the ShadeSpot™ Warranty available www.shadespot.com.au/warranty.

13 INTELLECTUAL PROPERTY

(a) ShadeSpot™ 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.

(b) In this clause 12, “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.

14 THIRD PARTY TERMS SUPPLIERS

(a) 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).

(b) 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.

Part B For When You Browse and Interact with This Website and/or App

15 ACCESS AND USE OF THE WEBSITE/App

You must only use the Website/App in accordance with these terms and any applicable laws.

16 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website/App without the express consent of ShadeSpot™;

(b) use the Website/App for any purpose other than the purposes of browsing, selecting, purchasing or installing Products;

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

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

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

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

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

(i) gaining unauthorised access to accounts or data;

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

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

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

17 INFORMATION ON THE WEBSITE/APP

(a) While we make every effort to ensure that the information on the Website/App is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(i) the Website/App may have errors or defects (or both, as the case may be);

(ii) the Website/App may not be accessible at times;

(iii) messages sent through the Website/App may not be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website/App may not be secure or confidential; and

(v) any information provided through the Website/App may not be accurate or true.

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

18 INTELLECTUAL PROPERTY

(a) ShadeSpot™ retains ownership of the Website/App and all materials on the Website/App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website/App for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website/App or any Content without prior written consent from ShadeSpot™ or as permitted by law.

(c) In this clause 18, “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.

19 LINKS TO OTHER WEBSITES

(a) The Website/App 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/App does not imply our approval or endorsement of the linked website.

20 THIRD PARTY SYSTEMS

(a) We may use third party systems to assist with the functionality of the Website/App and the terms and conditions of that third party may apply to your use of this Website/App to the extent applicable to you. Those terms can be accessed here: www.shadespot.com.au/terms-and-conditions.

(b) To the maximum extent permitted under applicable law and our agreement with our third party system provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website/App or any issues experienced in placing Orders.

21 SECURITY

To the maximum extent permitted by law, ShadeSpot™ 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/App. You should take your own precautions to ensure that the process that you employ for accessing the Website/App does not expose you to risk of viruses, malicious computer code or other forms of interference.

22 REPORTING MISUSE

If you become aware of misuse of the Website/App by any person, any errors in the material on the Website or any difficulty in accessing or using the Website/App, please contact us immediately using the contact details or form provided on our Website/App.

Part 3 Liability And Other Legal Terms

23 LIABILITY

23.1 WARRANTIES

(a) 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. Other than the ShadeSpot™ Warranty, to the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

23.2 LIABILITY

(a) To the maximum extent permitted by law and subject to clause 23.2(b), 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 total Fees paid by you to ShadeSpot™ under the most recent Order. 

(b) Clause 23.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 1, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13 and 14.

(b) Claims for loss of or damage to Products in transit must be made against the carrier.

23.3 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:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

24 NOTICES 

(a) 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.

(b) 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.

(c) 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.

25 GENERAL

25.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, 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.

25.2 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.

25.3 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.

25.4 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.

25.5 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.

25.6 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.

25.7 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.

25.8 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;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(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) (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;

(h) (document) a reference to a document (including these terms) 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 these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.