Welcome to PartyList

Introduction

These terms govern the access to, use of and supply of information from PartyList (Australia’s party services directory) (Directory).  

The Directory is owned and operated by Costumebox.com.au Pty Ltd (ABN 70 098 155 518) (we, us or our).

The Directory is a directory for businesses in the event and party services industry to enable users of our website https://www.costumebox.com.au/ and its related websites and applications (Website), to access text, images, photos, graphics, logos, button icons, links and other forms of information, data or communication (Content) made available through the Directory.   We also provide opportunities for one-off marketing campaigns that will be run on the Directory or the Website (Advertising Campaigns).

By viewing, using or otherwise interacting with our services, which include the Directory, Website, Advertising Campaigns and other services that we own or control (Services), you agree to be bound by these terms which form a binding contractual agreement between you and us.

If you use the Services on behalf of a company or organisation, you acknowledge and agree that you have the necessary authority from that company or organisation to do so. If you use the Services not as an individual but on behalf of your company, your employer or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these terms.

We may change these terms at any time by updating this part of the Website. Your continued use of the Services following such an update will represent an agreement by you to be bound by the amended terms.  

If you do not agree to these terms, please immediately stop using the Services.

These terms were last updated in November 2022.

 

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 people who list their business on our Directory
• Part B: Terms for people who browse and interact with our Directory (including businesses listed on our Directory)
• Part C: Terms about liability and interpretation provisions which apply to both users of our Directory and people who list their businesses on our Directory

Please contact us now if you have any questions about these terms.

 

Part A: For Businesses Listed on Our Directory

1. ACCOUNTS

1.1 REGISTRATION

(a) If you wish to be listed on our Directory, you must register online for an account with us (Account). This can be done here.

(b) As part of the Account registration process and in our further interactions with you about your Account, you will be required to provide personal information and details including your name, email address, business name, Australian business number, password, address, contact number and other information as we determine from time to time.

(c) When registering for an Account, you must provide true, accurate and complete information which must be kept up to date after registration. If your Account information changes following your registration, you must immediately notify us so that we can update your Account details.

(d) Account registrations are not guaranteed and are dependent on a number of factors. We may choose to accept your Account registration and provide you with an Account. If your Account Registration is successful, you are known as a “Business” in these terms.

1.2 SECURITY

(a) You acknowledge and agree that you are solely responsible for:

(i) maintaining the confidentiality and security of your Account information and password; and

(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

(b) You agree to immediately notify us if you detect any unusual activity on your Account, any unauthorised use of your Account or any other potential breach of the security of your Account.

(c) We are not responsible to you for, and exclude any liability for damages or loss arising from or in connection with, a failure by you to maintain the security of your Account information or password.

2. OUR SERVICES

2.1 DIRECTORY

(a) Businesses will be provided with a landing page on the Directory which provides Content in relation to its business, including various service information and other information as determined by us (Directory Page).

(b) Content on a Directory Page may comprise:

(i)   Content you provide to us during the Account registration process;

(ii) Content we request from you; and

(iii) other publicly available information about your business which we believe may help promote your business.

(c) Content on a Directory page will at all times be controlled by our content team. While we use our best efforts to ensure Content on your Directory Page is true, accurate and complete, we rely on you to:

(i) provide us with Content that is true, accurate and complete; and
(ii) confirm the truth, accuracy and completeness of all Content on your Directory Page (both at the time of Account registration and regularly thereafter).

(d) We do not and cannot guarantee that all Content on your Directory Page is true, accurate or complete.

(e) Once your Directory Page has been created, you must immediately notify us of any updates, amendments or other modifications required to ensure all Content on your Directory Page is true, accurate and complete. Our content team will be responsible for updating your Directory Page following your notification to us.

(f) All enquiries and requests from users of the Directory in relation to your Directory Page will be communicated directly to you. We will not be involved in responding to such enquiries or requests and we do not take any commissions for bookings which originate from your Directory Page.

(g) To ensure the integrity and reputation of the Directory is maintained, you must ensure that any contact information on your Directory Page is accurate, current and that these sources of communication are regularly monitored. Any enquiries or requests originating through your Directory Page must be responded to within 1 business day.

(h) We do not provide any warranties or guarantees about the effectiveness of, or potential results from, any Directory Page.

2.2 DASHBOARD

(a) Each Business will be provided with access to an online dashboard for its Directory Page (Dashboard).

(b) The Dashboard may include your Account information, current Directory Page and analytics or indicators in relation to your Directory Page (for example, clicks, views and originating communications) as we determine from time to time.

2.3 ADVERTISING CAMPAIGNS

(a) We offer Advertising Campaigns to Businesses in different forms from time to time to further promote their business. Details of our Advertising Campaigns will be set out on your Dashboard or as otherwise notified to you. These details will include any additional fees payable for such Advertising Campaigns (to the extent not included in a Subscription) and, if applicable, how such fees are payable (Advertising Fee).

(b) We reserve the right to conduct Advertising Campaigns featuring your business as we determine from time to time without notice to you for the purposes of operating or promoting our Directory or our other Services. These may include Business features and similar Content.

(c) Any Advertising Campaigns purchased by Businesses will be one-off purchases unless we agree otherwise. Advertising Fees must be paid in full at the time of purchase. All Advertising Fees are non-refundable.

(d) We do not provide any warranties or guarantees about the effectiveness of, or potential results from, any Advertising Campaign.

 

3. SUBSCRIPTIONS, FEES AND PAYMENTS

3.1 SUBSCRIPTIONS

(a) Businesses must enter into a subscription in relation to their Directory Page (Subscription). This will be done in the Account registration process. Businesses must also select a subscription tier for their Subscription (Subscription Tier) during the Account registration process.
(b) The fee payable for each Subscription Tier (Subscription Fee) is set out on our Website or as otherwise notified to you during the Account registration process.
(c) We reserve the right to offer Subscriptions for a free trial period or otherwise free of charge on terms determined by us from time to time.

3.2 SUBSCRIPTION FEES

(a) Subscription Fees must be paid by Businesses in advance at either monthly or annual intervals as selected by Businesses during the Account registration process (Payment Frequency).
(b) Subscription Fees may differ depending on the selected Payment Frequency and the period of the Subscription (Subscription Period).
(c) If Subscription has a free trial period, the Subscription Fee will only be payable after the end of this free trial period.
(d) We reserve the right to change Subscription Fees at any time by providing at least 30 days’ notice to Businesses affected by the change (Affected Businesses). Affected Businesses who do not agree to the new Subscription Fees must notify us that they wish to terminate their Subscription. Affected Businesses who do not notify us that they wish to terminate their Subscription will be taken to have agreed to the new Subscription Fees and such fees will take effect from the end of our period of notice to you.
(e) By purchasing a Subscription, Businesses acknowledge and agree that, unless we are notified otherwise:

(i) Subscription Fees will be charged each time your Subscription renews in the same manner as originally selected during the Account registration process; and
(ii) we will continue to, and you authorise us to, debit the Subscription Fees from your selected payment method at the Payment Frequency until your Subscription is terminated.

(f) If your Subscription Fees are overdue by 7 days or more, we may cancel, suspend or terminate your Subscription and/or your Account without notice to you.

3.3 TERM AND AUTOMATIC RENEWAL

(a) Subscriptions start on the day a Business registers for its Account or at the end of any free trial period and will continue for the period selected during the Account registration process (Subscription Period).
(b) At the end of the Subscription Period, your Subscription will automatically renew and will continue to renew at the end of each Subscription Period until your Subscription is terminated in accordance with these terms.

3.4 UPGRADE AND DOWNGRADES

(a) Businesses may upgrade or downgrade a Subscription at any time during the Subscription Period by notice to us.
(b) The new applicable Subscription Fees will apply on a pro-rata basis for the balance of the Subscription Period from when your Subscription is upgraded or downgraded.
(c) We endeavour to complete upgrades or downgrades to Subscriptions within 7 days of a request from a Business to do so.

3.5 OTHER TERMS ON PAYMENTS

(a) (Change payment method) You may change your payment method by changing your payment details associated with your Account.
(b) (GST) Unless otherwise indicated, all Subscription Fees or Advertising Fees are stated as inclusive of GST. GST will only be payable for countries for which GST (or equivalent) is required.
(c) (Currency) All amounts shown on our Directory or communicated to you are in Australian Dollars unless stated otherwise. If you pay using a currency other than Australian Dollars, you may be charged a foreign transaction fee as well as taxes applicable to your jurisdiction.
(d) (Card surcharges) We may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Dishonour fee) If we are unable to debit your elected payment method, we may charge a dishonour fee.
(f) (Online payment partner) We use third-party payment providers (Payment Providers) to collect payments. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting a payment from you.

 

4. BUSINESS OBLIGATIONS

In addition to the obligations of users of the Directory in Part B, Businesses must:

(a) not share their Account with any other person. Any use of their Account by any other person is strictly prohibited; and
(b) not use their Account or the Directory for any purpose other than to promote their business in accordance with these terms or otherwise receive the benefit of the Services. Illegal or fraudulent acts or facilitation of such acts is strictly prohibited.

 

5. BUSINESS REPRESENTATIONS AND WARRANTIES

By registering for an Account, and at each time a Subscription Fee is paid or an Advertising Campaign is purchased, each Businesses represents and warrants to us that, in relation to any Content provided to us by the Business:

(a) the Business is authorised to provide the Content;
(b) the Content is accurate and true;
(c) the Content is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
(d) the Content is not "passing off" of any product or service and does not constitute unfair competition;
(e) the Content does not infringe any Intellectual Property Rights (defined in clause 7(e));
(f) the Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(g) the Content does not breach or infringe any applicable laws, regulations or orders.

 

6. SUSPENSION AND TERMINATION

6.1 TERMINATION BY YOU FOR CONVENIENCE

You may terminate your Account and/or your Subscription at any time for any reason by notice to us. Any Subscription Fees paid for the remainder of your current Subscription Period are not refundable unless we agree otherwise.

6.2 TERMINATION BY US FOR CONVENIENCE

We may terminate your Account and/or your Subscription for any reason at any time by providing notice to you. Any Subscription Fees you have paid for the remainder of your current Subscription Period will be refunded.

6.3 TERMINATION OR SUSPENSION FOR BREACHES

We may immediately suspend or terminate your Account and/or your Subscription:

(a) if you breach these terms or threaten to do so;
(b) if you breach clause 2.1(g);
(c) if you otherwise fail to deal with requests or enquiries originating from your Directory Page in a professional and diligent manner; or
(d) if you act in a way that may diminish or adversely impact us, the Directory, our reputation or the integrity of the Directory (including criminal convictions, fraudulent or dishonest acts, negligence and other misconduct).

Termination or suspension of your Account and/or your Subscription under this clause does not entitle you to any refund of any Subscription Fees and all Subscription Fees you have paid will be forfeited and retained by us.

6.4 TERMINATION FOR INSOLVENCY

Any party may terminate the agreement constituted by these terms if the other party:

(a) is declared or taken under any applicable law to be insolvent or unable to pay its debts or the other party admits in writing that it is insolvent or unable to pay its debts;
(b) has a judgment entered against it which prevents it from performing its obligations under these terms;
(c) ceases to carry on business; or
(d) is unable to pay its debts as and when they become due.

6.5 CANCELLATION AND YOUR DATA

Upon cancellation, termination or expiry of your Account and/or your Subscription, we may retain or delete any information, data and material associated with your Account. If deleted, you will not be able to recover any of your information, data and material. We will not be responsible to you for, and exclude any liability for damages or loss arising from or in connection with, loss of your information, data or material upon cancellation, termination or expiry of your Account and/or your Subscription.

7. INTELLECTUAL PROPERTY

(a) All CostumeBox IP is and will be solely and exclusively owned by us.
(b) All Business IP is and will be solely and exclusively owned by the Business.
(c) Each Business grants to us a perpetual, irrevocable, transferable, worldwide and royalty-free license (including the right to sublicense) to use the Business IP to the extent required by us to maintain your Directory Page or otherwise provide Services to you.
(d) Each Business represents and warrants that our use of any Business IP will not infringe the Intellectual Property Rights of any party. Each Business indemnifies us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement or a claim of such an infringement.
(e) In these terms:

(i) “Business IP” means all Material owned or licensed by the Business, including any Intellectual Property Rights attaching to that Material.
(ii) “CostumeBox IP” means all Material owned or licensed by us that is not Business IP, including any Intellectual Property Rights attaching to that Material.
(iii) "Intellectual Property Rights" means all copyright, trade mark, design (including website design and functionality), patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms in Australia and throughout the world.
(iv) “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

8. PRIVACY

(a) You agree to comply with your obligations under the Privacy Act 1988 (Cth) and our Privacy Policy as in force from time to time.
(b) We collect personal information about you in order to provide Services to you, to enable you to access and use your Account, so you can receive the benefit of your Subscription and for other purposes set out in our Privacy Policy.
(c) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

 

9. CONFIDENTIALITY

You must not disclose information of, or provided by, us that is by its nature confidential information, is designated as confidential, or that you know or ought to know is confidential directly or indirectly to any third party, except:

(a) with our prior written agreement;
(b) as required by law.

This clause does not apply to information which is, or becomes, without a breach of confidentiality, public knowledge.

 

Part B: For Users of the Directory

 

10. USE OF THE DIRECTORY

You must only use the Directory in accordance with these terms and any applicable laws. You must also ensure that your officers, employees, contractors and any other agents who use or access the Directory comply with these terms and any applicable laws.

 

11. YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Directory without our express written consent;
(b) use the Directory for any purpose other than the purposes of browsing listed businesses or contacting Businesses for the purposes of requesting or enquiring about their goods or services;
(c) use, or attempt to use, the Directory in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Directory in a manner that may interfere with, disrupt or create undue burden on the Directory or the servers or networks that host the Directory;
(e) use the Directory with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation or the integrity of the Directory, including by linking to the Directory on any other website; and
(g) attempt to breach the security of the Directory, or otherwise interfere with the normal functions of the Directory, including by:

(i)   gaining unauthorised access to the Directory or its accounts or data;
(ii) scanning, probing or testing the Directory for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Directory; or
(iv) instigate or participate in a denial-of-service attack against the Directory.

 

12. CONTENT ON THE DIRECTORY

12.1 CONTENT GENERALLY

(a) While we endeavour to ensure that Content on the Directory is as up to date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by applicable law) guarantee that:

(i) the Directory will be free from errors or defects (or both, as the case may be);
(ii) the Directory will be accessible at all times;
(iii) messages, emails or other communications sent through the Directory will be delivered promptly, or delivered at all;
(iv) information received or supplied through the Directory will be secure or confidential; or
(v) any information provided through the Directory is true, accurate or complete.

(b) You acknowledge and agree that your use of the Directory is at your own risk.
(c) We reserve the right to change any information or functionality on the Directory either on a permanent or temporary basis at any time.
(d) We may suspend, terminate or limit your access to the Directory at any time.

12.2 THIRD PARTIES CONTENT AND LINKS

(a) The Directory may be hosted by a third party and contains Content provided by third parties (Third Party Content).
(b) We are not responsible for any Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
(c) The Directory may contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

12.3 THIRD PARTY TERMS AND CONDITIONS

By using the Directory or any other third party good or service you acknowledge and agree that third party terms and conditions (Third Party Terms) may apply. You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any damages or loss suffered by you arising from or in connection with such Third Party Terms.

12.4 LISTED BUSINESSES

(a) Directory Pages, Advertising Campaigns or any other Content provided in relation to Businesses on our Website is provided solely for convenience and does not constitute a guarantee or recommendation by us for their goods or services, information, opinion or any indication of any affiliation, sponsorship or endorsement of such parties.
(b) You acknowledge and agree that we have no control over Businesses. You assume total risk and responsibility for your engagements with a Business, including your purchase or use of any goods or services provided by them. We will not be liable for any acts or omissions of Business, including where they cause any loss or damage to you, are negligent or otherwise engage in misconduct.

12.5 RATINGS AND REVIEWS

(a) The Directory may allow you to leave ratings or reviews regarding Businesses or your experience with them (each a ‘Review’).
(b) You must provide true, fair and accurate information in your Reviews. We do not undertake to review each Review made.
(c) You must only write about your own service experience with Businesses. You are not permitted to write a Review about somebody else’s experience.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from using the Directory or submitting future Reviews.
(e) To the maximum extent permitted by applicable law, we are not responsible for the content of any Reviews.

 

13. SECURITY

While we use our best endeavour to maintain the security of the Directory, 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 Directory. You should take your own precautions to ensure that the process you employ to access the Directory does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.

 

14. INTELLECTUAL PROPERTY

(a) We retain all Intellectual Property Rights (defined in clause 7(e)) in Content provided on the Directory or any Advertising Campaign.
(b) You must not reproduce, transmit, adapt, distribute, sell, modify or publish Content provided on the Directory or any Advertising Campaign without our prior written consent or as permitted by applicable law.

 

15. GROUPS

Where we use social media pages or groups run by us in relation to the Directory or containing information in relation to the Directory, the terms found in these terms apply to your use of our social media pages or groups.

 

16. PRIVACY

By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others. You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods requested by you, and for any other purposes we consider reasonable. Such use will be compliant with the terms of our Privacy Policy.

 

17. REPORTING MISUSE

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

 

Part C: Liability and Other Legal Terms

 

18. DISCLAIMERS

(a) (Introductory service and directory) The Directory is a medium that facilitates the introduction of users and Businesses for the purposes of providing a directory for businesses in the event and party services industry. The Directory is not a marketplace and does not facilitate any transaction between users and Businesses.

(b) (General information) Information contained on this Directory is general in nature and does not take into account your personal circumstances. You should consider whether the information contained on this Directory is appropriate to your needs or circumstances, and seek further appropriate advice before making any decisions, choices or actions.

(c) (“As-is” and “as available” basis) We provide the Directory on an “as-is” and “as available” basis. Whilst every effort is taken to ensure such information is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of such information or the Directory. To the maximum extent permitted by any applicable laws, the Directory and any information contained on the Website is without warranty of any kind and we expressly exclude such warranties and disclaim all liability in relation to such information.

(d) (Access from outside Australia) We are based in Australia and make no representation or warranty with respect to whether the information contained on the Directory is appropriate, legal or complies with applicable laws of other jurisdictions. If you access the Directory from outside Australia, you do so at your own risk and are responsible for compliance with the applicable laws of any applicable jurisdictions).

 

19. LIABILITY AND INDEMNITY

19.1 LIMITATION OF LIABILITY

(a) To the maximum extent permitted by applicable law, we exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to the Services.

(b) If our liability to a Business cannot be excluded, our maximum aggregate liability to the Business will be the value of payments made by the Business to us for our Services.

 

19.2 WARRANTIES

All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

 

19.3 INDEMNITY

You agree to indemnify us and our officers, employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your Representatives:

(a) breach of these terms; or

(b) use of the Services.

 

19.4 CONSEQUENTIAL LOSS

To the maximum extent permitted by applicable law, under no circumstances will we 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 the Services, these terms, or any other services provided by you.

 

19.5 CONSUMER LAW

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

 

20. FORCE MAJEURE

We will not be liable for any failure or delay in complying with any obligation imposed by these terms if the failure or delay arises directly from an any circumstance beyond our control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, pandemics, epidemics, delays or disruption by government or government agencies.

 

21. NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to (in our case) our contact email address set out on the Directory and (in your case) the email address associated with your Account (collectively the Email Address).

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent; or

(ii) when replied to by the other party, whichever is earlier.

 

22. DISPUTE RESOLUTION

If you have a dispute with us, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 90-day period before pursuing any other proceedings.

 

23. GENERAL

23.1 GOVERNING LAW AND JURISDICTION

These terms are 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

You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.

 

23.6 ENTIRE AGREEMENT

These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection to the subject matter of these terms.

 

23.7 INTERPRETATION

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

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

(c) (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;

(d) (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;

(e) (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;

(f) (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;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

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

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

(j) (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.