PLATFORM TERMS & CONDITIONS
(Customer Use) February 2023
SPECIAL CONDITION 20-06-2023 – Delivery Offer.
The Delivery Offer is available to customers who either are, or who join (new, prior to purchase) as a HomeMakerCentral CLASSIC Member.
HomeMakerCentral will reimburse CLASSIC Members their delivery charges up to $200 by crediting their Rewards Points Account the equivalent value (in Rewards Points).
To clarify; if a retailer charges $150 for delivery, HomeMakerCentral will credit the customer’s Rewards Points account with 7500 Points valued at $150.
Rewards Points will be credited within 72 hours / 3 business days of order shipping.
The delivery offer is exclusive to, and provided by HomeMakerCentral, it’s not provided by the individual retail vendors. As such the Delivery Offer is only available and only applies to purchases made on the HomeMakeCentral.com.au eShopping platform. The offer does not apply to any purchases made directly in store or otherwise off-platform.
In the event that a CLASSIC Member Customer makes a bulky-goods item purchase on HomeMakerCentral.com.au and requires special delivery, which is agreed and paid directly to the retailer (off-platform), they will still be entitled to the benefit of this offer and will be required to advise email@example.com and included a copy of the payment confirmation showing the delivery charge.
About HomeMakerCentral (HMCentral, HMC)
The Website is published by HMCentral Pty Ltd ACN 644 428 535.
HomeMakerCentral (HMCentral) is not the Retailer but rather, operates an online Shopping Centre platform offering a centralised checkout and payment method as well as collective benefits for users of the Website ( Platform) which:
enables Vendors (Retailers) to offer the sale of Products on the Platform; and
enables Shoppers (Customers) to transact with Vendors and purchase Products (goods and or services) offered by the Vendors.
HMCentral receives a financial benefit in the form of fees charged to participating Vendors who offer their goods and / or services for sale via the Platform.
A Shoppers’ (your) use of the Website, including but not limited to, browsing, accessing, and using the Platform, is subject to these Terms and Conditions. All services provided by HMCentral, and any services provided through the Website or the Platform, are governed at a minimum by these Terms and Conditions and by all of the policies from time to time of HMCentral. If you do not accept these Terms and Conditions, you must refrain from using the Website and the Platform.
If you use the Website or the Platform, you will be deemed to have read, understood and accepted these Terms and Conditions.
You understand and agree that the Products listed on the Platform are provided by third-party Vendors, and not by HMCentral. These third-party Vendors, and not HMCentral, are responsible for the Products including, but not limited to, the nature, quality and content of the Products. These third-party Vendors, and not HMCentral, are responsible for all matters concerning or in connection with the Products or the Sale Terms or both including, the nature, quality, content and availability of the Products, as well as any disputes regarding cancellation, refund, exchange and delivery policies and other issues. The contract for the sale and purchase of the Products is directly between you and the Vendor, and not between you and HMCentral.
You understand and agree that HMCentral does not at any stage take ownership of any Products sold by any Vendor to you via the Platform. HMCentral does not transfer legal ownership of items from Vendors to the Customer. You acknowledge that the Vendor will transfer legal ownership of the Products purchased to you.
When you purchase a Product via the Website and the Vendor accepts this request, this will create a contract between you and the Vendor in respect of the provision or supply of the Product which you purchase through the Platform ( Vendor Contract). That contract is subject to certain Sale Terms, which will be disclosed to you and must be accepted by you prior to you proceeding with the purchase of the Product. Please read and check all details and the applicable Sale Terms carefully before proceeding with the purchase of the Products.
To use the Platform you may be required to create a Customer Account.
You must be at least 18 years of age to obtain a Customer Account, unless otherwise permitted by HMCentral.
Using the Platform is an acknowledgement by you that you:
are over the age of eighteen (18) years;
accept the Terms and Conditions and that you have entered into a binding agreement with HMCentral in relation to these Terms and Conditions.
To the fullest extent permitted by law, HMCentral reserves the right to take legal action and seek compensation from the parent or guardian of a minor who purchases a Product, in respect of any loss or damage that HMCentral may suffer as a result of a transaction entered into by a minor.
You agree to maintain accurate, complete, and up-to-date information in your Customer Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Website or the Platform, or any other services provided by HMCentral. You are responsible for all activity that occurs under your Customer Account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by HMCentral in writing, you may only possess one Customer Account.
HMCentral reserves the right to deactivate a Customer Account in the event of a breach of these Terms and Conditions or where you act in a way that is inappropriate, abusive or otherwise unacceptable towards HMCentral, our staff or Vendors.
By creating a Customer Account, you expressly consent and agree to accept and receive communications from us and Vendors, including via e-mail, text message, calls, and notifications to the telephone number you provided to us. You understand and agree that you may receive automated SMS or MMS messages, or communications sent by or on behalf of HMCentral or Vendors. Such communications may include, but are not limited to:
communications concerning your Customer Account and your use of the Website or the Platform; and
updates concerning new and existing features, news, communications and promotions.
If you wish to opt-out of email, text or other communications, please contact us via firstname.lastname@example.org or follow the instructions to unsubscribe from the communication (as contained in the communication). If you unsubscribe to certain communications, this may affect our ability to provide some or all of our services to you, including access to the Platform.
RATINGS AND REVIEWS
You may rate and review Vendors. If you rate or review a Vendor this may be made public via the Website, subject to the review and approval by HMCentral. We have no obligation to post or make public any reviews. Ratings and reviews must be accurate and must not contain any offensive or defamatory language. You must not manipulate the ratings and reviews system in any manner, such as instructing any third parties to write a positive or negative review about another Vendor.
Ratings and reviews of Vendors may be visible on the profile of the Vendor on the Website and may also be surfaced elsewhere on the Website together with other relevant information such as your username and the date and time the review was submitted .
Subject to the law, we reserve the right (but do not undertake, except as required by law) to remove or edit at any time any reviews or other material posted, uploaded or transmitted to the Website that we determine is objectionable or may expose us or any third parties to any harm or liability of any type (e.g. reviews that are illegal, obscene, defamatory, promote violence or discrimination) or for any other reason.
EXCHANGE, REFUND OR RETURN
If you change your mind and wish to request an exchange, refund or return of the Product, you may do this by contacting the relevant Vendor through the Platform or directly. Whether you are entitled to an exchange, refund or return because of you changing your mind will depend on the Sale Terms & Conditions between you and the Vendor which govern the sale and purchase of the Product. It is recommended you carefully review any order for the purchase of the Products before proceeding with the order placement.
Nothing in this clause is intended to limit or exclude your rights that cannot be limited or excluded under applicable law, including the Australian Consumer Law. Where you have rights under the Australia Consumer Law, including but not limited to any consumer guarantees, you may contact the relevant Vendor through the Platform, to enforce those rights and to request an appropriate remedy.
You understand and agree that the Products listed on the Platform are provided by the Vendors, and not by HMCentral. These Vendors, and not HMCentral, are facilitating any exchange, refund or return of the Products.
If the Vendor agrees to provide you with an exchange, refund, return or any other compensation in relation to a Product, HMCentral may facilitate the return of the Payment between the parties via the Payment Processor if requested and directed to do so by the vendor. However, HMCentral is not responsible for assisting or managing any other aspect of the return, exchange or refund process, including but not limited to any arrangements, charges or fees for delivering the Product back to the Vendor. This will remain a matter to be resolved between the Customer and the Vendor.
PRICING AND PAYMENT
Prices for the Products will be as quoted on the Platform in Australian dollars. These prices include any applicable taxes but may exclude delivery costs and any processing fees. Any additional amounts or charges will be added to the total amount due by you and will be disclosed by the Vendor to you prior to confirming the sale and purchase of the Product.
If you are a participant of the Membership and Rewards Points Programs, you may be issued with promotional vouchers, promotional codes or Rewards Points which you may apply to your purchase of the Product. You may use promotional vouchers, promotional codes or Rewards Points recognised by the Platform and pay for any balance by credit or debit card. Please refer to the relevant and separate terms and conditions covering such promotions and programs.
Upon making a purchase, HMCentral will provide Customers with an order and payment confirmation which will summarise the Products purchased by the Customer from each Vendor, amongst other details. However, as the Products are provided (sold) to the Customer by the Vendor (and not by HMCentral), the Vendor will provide the Customer with a Tax Invoice upon delivery or collection (as applicable) of the goods and services purchased.
HMCentral cannot guarantee continuous, uninterrupted or secure access to the Payment Services on the Platform, nor can we guarantee that the Payment Services will be virus or error free. Additionally, access to the Payment Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to the Payment Services and will use our best endeavours to restore the Payment Services as soon as possible.
Successful receipt of your payment via the Platform will discharge the debt which you owe to the Vendor for the Product, to the extent of the amount paid.
REPRESENTATIONS AND WARRANTIES
By providing information through the Platform, including but not limited to debit or credit card information to use the Payment Services, you represent and warrant that:
you are at least 18 years of age;
you are legally authorised to provide such information;
you are legally authorised to perform payments from the debit or credit card account(s); and
there are sufficient funds or credit available to complete a payment using the debit or credit card account.
If you have any feedback or would like to make a complaint about a Vendor or any of the Products we recommend that you:
first speak to the Vendor directly to try and resolve the issue;
leave a review or rating for the Vendor on the Platform which reflects your experience; or
If you submit a complaint directly to us, we may contact the Vendor to attempt to resolve the issue.
IMPORTANT NOTE: While we take all complaints seriously and will provide reasonable assistance in resolving such complaints, we are not responsible for the Products or any of the actions or responses of the Vendors. To the extent permitted by law, we are under no obligation to provide you with any refund or compensation with respect to the Products provided by the Vendor to you, or to anyone else.
YOUR USE OF AND ACCESS TO THIS PLATFORM
You agree to use the Platform and the Payment Services only for purposes that are permitted by these Terms and Conditions, any applicable law or regulation and generally accepted practices and guidelines.
You agree that you will not engage in any activity that interferes with or disrupts the Website, the Platform or the servers and networks that host the Website or the Platform. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or the Platform or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the Platform.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
As electronic websites are subject to interruption or breakdown, access to the Website is offered on an "as is" and "as available" basis only. We may, in our sole discretion, restrict your access and/or access of the public generally, to the whole or any part of the Website or the Platform. If we do this, you may be prevented from accessing all or any part of the Website or the Platform and we will not be liable to you or any third party for doing so. In addition, Vendors also may impose restrictions on who may purchase the Products that they offer. In particular, a Vendor may:
choose to restrict your access to their Vendor profile on the Platform;
prevent you from purchasing the Products that they offer; and
restrict your ability to interact with that Vendor on the Website.
These restrictions are determined solely by the Vendor. If such restrictions are imposed by the Vendor, we may be unable to assist you in the purchase of the Products offered by that Vendor.
We may impose limits or restrictions on the use you may make of the Website or the Platform. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms and Conditions or for any other reason, we may withdraw the Website or the Platform, or change or remove the Website or the Platform functionality at any time without notice.
HMCentral may, at any time, add or remove content from the Website or the Platform without notice.
Any articles, information or content published on the Website or the Platform must be read subject to these Terms and Conditions.
Although HMCentral uses its best endeavours to confirm the accuracy of any information published on the Website or the Platform, to the maximum extent permitted by law, you agree that HMCentral cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to HMCentral, including information provided by any Vendor. You agree to make your own enquiries to verify any of the information or content provided or published on the Website or the Platform.
Information provided on and through the Website or the Platform is not legal or other professional advice and is not intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service to HMCentral.
The Website or the Platform may feature or display third party advertising or content, including content and advertising of Vendors. By featuring or displaying such advertising or content, it does not in any way represent that HMCentral recommends or endorses the relevant advertiser, Vendors or its products, services or advertising content.
To the maximum extent permitted by law, HMCentral will not be liable for any errors in third party content, or for any actions you take in reliance on such content. To the maximum extent permitted by law, neither you nor any other person may hold HMCentral liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any such content.
Pricing and / or product description errors may occur from time to time due to (but not limited to), technical malfunction, digital transmission errors or human error. In such cases, HMCentral Pty Ltd will not be liable and the affected Vendor reserves the right to retract subject items from sale and not supply products or fulfil sales orders placed for such items.
All the Products offered by Vendors shown on the Platform or Website are subject to availability. The images and descriptions of the Products on the Website are for illustrative purposes only. The actual Products may vary from those images and descriptions. To the maximum extent permitted by law, it is the responsibility of each Vendor to ensure that the Products of the Vendor which are listed and displayed on the Platform are accurately described.
Without limiting the above, to the maximum extent permitted by law, HMCentral is not responsible for any inaccurate, misleading or incomplete images or descriptions of the Products on the Website. HMCentral requires Vendors to ensure that all information provided by them for display on their Vendor profile on the Platform is accurate, complete and not misleading in any way. However, we cannot verify with absolute certainty and in every case, the information which the Vendors provide.
As a customer, you have legal rights, including in relation to services that are not performed to an acceptable quality or are otherwise not as described. Advice about your legal rights is available from your State Fair Trading office or from the Australian Competition and Consumer Commission, https://www.accc.gov.au and nothing in these Terms and Conditions will affect those legal rights.
THIRD PARTY PROMOTIONS AND ACTIVITIES
HMCentral may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. If you participate in any such activities, you do so entirely at your own risk. HMCentral does not accept any responsibility in connection with your participation in activities conducted by any third party, including any HomeMakerCentral Vendors.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that any intellectual property rights, including rights in respect of graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to the Website or the Platform, are owned by HMCentral, a related body corporate of HMCentral, or a third party, and that these remain the property of those respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms and Conditions gives you a right to use any intellectual property featuring on or in connection with the Website or the Platform.
Nothing contained on the Website or the Platform is to be interpreted as a recommendation to use any information on the Website or the Platform in a manner which infringes the intellectual property rights of any person. HMCentral makes no representations or warranties that your use of the information on the Website or the Platform will not infringe such intellectual property rights.
You may view the Website or the Platform and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Website or the Platform or commercialise any information obtained from any part of the Website or the Platform without the prior written consent of HMCentral or, in the case of third-party material, from the owner of the copyright in that material.
You may not modify or copy the layout or appearance of the Website or the Platform nor any computer software or code contained on the Website or the Platform, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website or the Platform.
If you correspond or otherwise communicate with HMCentral, you automatically grant to HMCentral an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works to publish and promote such content. This may include, but is not limited to, publishing testimonials and reviews on the Website or the Platform and developing your ideas and suggestions for improved products and services provided by HMCentral.
LINKS TO OTHER WEBSITES
HMCentral reserves the right to prevent third parties from linking to the Website.
DATA AND TRANSMISSIONS
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems. We do not warrant that your access to the Website, the Platform or the Payment Service will be uninterrupted, error free or that any defects will be corrected. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any content or information you transmit via the Website or the Platform. You therefore transmit to the Website or the Platform at your own risk. However, once HMCentral receives your transmission, HMCentral will take reasonable steps to preserve its security in accordance with all applicable laws.
You must take your own precautions to ensure that the process which you use to access the Website or the Platform or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, HMCentral will not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website, the Platform or the Payment Services, any other website or any linked website.
HMCentral appreciates any suggestions you may have regarding ways in which the Website or the Platform may be improved or materials which may be added to the Website or the Platform ( Unsolicited Ideas). Any Unsolicited Ideas that you submit will not be regarded as confidential and will become the sole property of HMCentral upon being submitted to HMCentral. We may use, reproduce, disclose, publish, modify, adapt and transmit any Unsolicited Ideas to others, without restriction or any obligation to compensate you.
Disclaimer, Liability and Indemnity
The limitations and disclaimer in this section do not purport to limit liability or alter your rights that cannot be excluded under applicable law, including the Australian Consumer Law.
To the maximum extent permitted by law, the Website and the Platform and any other services provided by HMCentral are provided "as is" and “as available.” HMCentral disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms and conditions, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Website or the Platform and any other services provided by HMCentral, or that the Website or the Platform or any other services provided by HMCentral will be uninterrupted or error-free. HMCentral does not guarantee the quality, suitability, safety or ability of any third-party service providers or Vendors. You agree that the entire risk arising out of your use of the Website and the Platform, and any other services provided by HMCentral, remains solely with you, to the maximum extent permitted by law, including the Australian Consumer Law.
Subject to the law, HMCentral shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Website or the Platform or any other services provided by HMCentral.
HMCentral shall not be liable for delay or failure in performance resulting from causes beyond HMCentral's reasonable control.
The Website or the Platform may be used by you to purchase products offered by third party service providers or Vendors. You agree that HMCentral has no responsibility or liability to you for or related to any services provided by third party service providers or Vendors (including the sale of products offered by third party service providers or Vendors).
For any breach of a non-excludable statutory guarantee, to the extent that HMCentral is able to limit the remedies available under these terms and conditions, HMCentral expressly limits its liability to the following remedies:
The supply of the services again; or
The payment of the cost of having the services supplied again.
You agree to indemnify HMCentral from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to any one or more of the following:
your use of the Website or the Platform or your acquisition of the products offered by the Vendor via the platform which is in breach of or in any way contrary to these Terms and Conditions;
your inappropriate or illegal use of the Website or the Platform;
any information that you provide via the Website or the Platform (including without limitation misleading, false or inaccurate information);
any other breach of these Terms and Conditions;
your violation of any applicable law, rule or regulation;
your negligence or wilful misconduct;
any damage that you may cause to the Website or the Platform.
This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
Notwithstanding any provision of these Terms and Conditions, nothing in these terms and conditions restricts, modifies, or limits your rights under any law which cannot be excluded or modified, including your rights under the Australian Consumer Law.
These Terms and Conditions may be amended at any time without notice and your access to the Website or the Platform may be terminated at any time without notice. Every time you use the Website or the Platform, the Terms and Conditions in force at that time will apply between you and HMCentral. You can find the date on which these Terms and Conditions were last updated at the top of this page. Your continued use of the Website or the Platform following such amendment of these Terms and Conditions will represent an agreement by you to be bound by the Terms and Conditions as amended.
Where your access to the Website or the Platform, or both , is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
These Terms and Conditions are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the New South Wales courts and courts of appeal from them and waives any right to object to those courts or courts of appeal.
Any notice delivered by HMCentral to you under these Terms and Conditions will be delivered by email to the email address associated with your HomeMakerCentral Customer Account. Any notice delivered by you to HomeMakerCentral under these Terms and Conditions must be delivered via email email@example.com and / or via post to:
HMCentral Pty Ltd
PO BOX 4273 Bexley North, NSW 2207. Sydney, Australia.
A notice given in accordance with this clause takes effect when taken to be received (or at a later time specified in the notice), and is taken to be received:
if hand delivered, on delivery;
if sent by prepaid post, on the third Business Day after the date of posting (or on the seventh Business Day after the date of posting if posted to or from a place outside Australia);
if sent by email, at the time the email is sent (provided the sender has not received a notification within eight Business Hours after the email is sent that the email was not received by the recipient),
but if the delivery, receipt or transmission is not on a Business Day, or is after Business Hours on a Business Day, the notice is taken to be received at 9.00am on the next Business Day.
A party may exercise any right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise of that or of any other right, power or remedy. Failure or delay by a party in exercising a right, power or remedy does not prevent its exercise. A right may only be waived in writing, executed by the party giving the waiver.
Part or all of a clause of these Terms and Conditions that is illegal or unenforceable will be severed from these Terms and Conditions and will not affect the continued operation of the remaining provisions of these Terms and Conditions.
Any legislation which varies an obligation or right, power or remedy of a party that is bound by these Terms and Conditions is excluded to the full extent permitted by law.
HMCentral makes no representations that the content of the Platform or the Website complies with the laws of any country outside Australia.
In these Terms and Conditions, unless the context indicates otherwise:
Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act, 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or a public holiday in New South Wales.
Business Hours means the hours from 9.00am to 5.00pm on a Business Day.
Customer, Shopper, You means the user of the Platform or the purchaser of the Products offered by the Vendor or, where the context permits, the person accessing or otherwise using the Website or the Platform, and your has a corresponding meaning.
Customer Account means an account created on the Website belonging to you and which contains information such as your name and contact information.
HomeMakerCentral, HMCentral, HMC, we or us means HMCentral Pty Ltd ACN 644 428 535.
Membership Program means the Customer Membership Program facilitated by HMC where a member customer may from time to time be offered and provided with certain benefits.
Payment Processor means third-party payment processors supporting HMC with the provision of the Payment Services.
Payment Services means the online payment facility that may be available on the Platform.
Platform has the meaning given to that term in clause 1(b).
Product means any products, goods and/or services of a Vendor offered to you for purchase via the Platform.
Rewards Points Program means the program administered by HMC whereby Member Customers earn Rewards Points including Bonus Points when purchasing goods and / or services from participating Vendors and in which case, customers can then redeem (spend) their Rewards with participating Vendors.
Sale Terms means the price, the exchange policy, the refund policy any other details and conditions relating to the sale of the Product as determined by the Vendor.
- Terms and Conditions means these terms and conditions.
- Vendor means a third-party provider of goods and/or services who offers their Products for sale through the Website.
Website means our website ( www.homemakercentral.com.au), the Platform, and any other digital platforms from which you access our Website or the Platform, and includes the whole or any part of the web pages located on the Website (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
A reference to a party to an agreement or document includes that party's executors, administrators, successors and permitted assigns.
A reference to a clause, schedule or annexure is a reference to a clause of, or schedule or annexure to these Terms and Conditions.
A reference to an agreement or document (including to this agreement) is to the agreement or document as amended, supplemented, novated or replaced.
A reference to legislation or to a provision of legislation includes a consolidation, amendment, re-enactment or replacement of it and a regulation or other instrument issued under it.
The singular includes the plural and vice versa.
A gender includes all genders.
A reference to a person includes a firm, body corporate, association, trust, partnership, government or governmental body or other legal entity.
Where a word or phrase is defined in these Terms and Conditions, other grammatical forms of that word or phrase have a corresponding meaning.
Headings are for convenience only and do not affect its interpretation.
Neither these Terms and Conditions nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting or because a party relies on these Terms and Conditions or any part of it to protect itself.
A reference to time is to Sydney time.
A reference to a body, whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body is a reference to the body that replaces it or that substantially succeeds that body.
Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally.
Any right, entitlement, benefit, agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally.
A reference to dollars or $ is to an amount in Australian currency unless denominated otherwise.
A reference after the words "include" or "for example" or similar expressions does not limit what else is included.
If the day on which an action must be done under this agreement is not a Business Day, it must be done on or by the next Business Day.