Terms of Service

Last updated: April 2024

User Terms and Conditions

These terms and conditions (Terms) are a legally binding contract between you (User, you and your) and NurtureCloud Technologies Pty Ltd (ACN 638 012 094) (NurtureCloud, we, us and our).

If you are agreeing to these Terms not as an individual but on behalf of an entity or organisation, then “you” means that entity or organisation, and you acknowledge that you are binding that entity or organisation to these Terms.

Please read these Terms carefully before accepting. By agreeing to these Terms or otherwise accepting them by using or accessing the NurtureCloud Data, Products and Services, you acknowledge that you have read, understand, and agree to follow and be bound by these Terms.

1. Term

  1. These Terms commence on the date which you accept or otherwise agree to them by accessing the NurtureCloud platform and continue until either terminated in accordance with clause 11 or immediately upon you ceasing to be the principal of, or employed or engaged by, an entity in the Ray White Network.

2. Licence

  1. NurtureCloud grants to you a non-exclusive, limited, non-sublicensable, non-transferable, revocable licence to access and use the NurtureCloud Data, Products and Services during the Term in accordance with these Terms.

  2. NurtureCloud will:

    1. assist with delivering or otherwise providing access to the relevant NurtureCloud Data, Products and Services as required for you to exercise your rights; and

    2. provide you with any NurtureCloud Documentation reasonably required to use the NurtureCloud Data, Products and Services.

3. Use of NurtureCloud Data, Products and Services

  1. You may use the licensed NurtureCloud Data, Products and Services strictly for the Authorised Purpose, including:

    1. internal lead management and marketing;

    2. data analysis for decision-making purposes; and

    3. other internal business operations related to the Authorised Purpose.

  2. Except where otherwise permitted by these Terms, or with NurtureCloud's prior written approval, you must not:

    1. use the NurtureCloud Data, Products and Services for a purpose other than the Authorised Purpose and in accordance with these Terms;

    2. copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or any part of the Products and Services;

    3. use the NurtureCloud Data, Products and Services to assist in the conduct of the business of any third party;

    4. vary, alter, modify, interfere with, reverse disassemble, decompile, or reverse engineer, or otherwise seek to obtain or derive the source code from any part of the NurtureCloud Data, Products and Services (or directly cause or permit any other person to do so);

    5. publicly disseminate information regarding the performance of the Products and Services; or

    6. sub-licence, rent, sell, lease, distribute or otherwise transfer the NurtureCloud Data, Products and Services or any part of them.

  3. You must maintain the confidentiality of all login information and must not allow or authorise any other individual or entity to use your login information. You must immediately notify NurtureCloud of any suspected or actual unauthorised access to or use of the login information.

  4. You are responsible for keeping your log in details secure, all activity carried out on your account, and maintaining control over and access to your account for the Products and Services.

  5. You are responsible for all activities that occur on your instance of, or account for, the Products and Services, whether you directly or indirectly authorise that activity.

  6. You must not use the NurtureCloud Data, Products and Services (including through the upload of any User Material) in any way that:

    1. involves anything which is false, defamatory, harassing or obscene;

    2. involves unsolicited electronic messages;

    3. would involve the contravention of any person's rights (including Intellectual Property Rights);

    4. is unlawful or prohibited or that may contravene any Laws;

    5. could damage, disable or impair any part of the NurtureCloud Data, Products and Services;

    6. may otherwise be regarded by NurtureCloud, on reasonable grounds, to be unacceptable (NurtureCloud may from time to time notify you of the circumstances which it reasonably regards as unacceptable);

    7. involves any fraudulent activity;

    8. involves the sale or promotion of any illegal business activities or prohibited products or services; or

    9. NurtureCloud deems to be damaging to it or damaging to Ray White or any entity in the Ray White Network. * You must comply at all times with the terms of any Third Party Licences.

  7. You acknowledge that you are solely responsible for, and will be taken to have authorised, any electronic messages caused to be sent from your instance of, or account for, the Products and Services as well as any phone calls made in relation to your use of the Products and Services (regardless of whether those messages or calls use any template, script or other content provided by NurtureCloud).

4. Accuracy and completeness of the NurtureCloud Data, Products and Services

  1. The NurtureCloud Data, Products and Services (including any User Data and Generated Propensity Data) is intended to provide a best estimate or reasonable summary of the subject matter covered. To the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the NurtureCloud Data, Products and Services.

  2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the NurtureCloud Data, Products and Services or a linked website. You must take your own precautions to ensure the security of your computer systems, and their interaction and interface with the NurtureCloud Data, Products and Services.

  3. We may, from time to time and without notice, change or add to the NurtureCloud Data, Products and Services (including the Terms) or the information, products or services described in it. We are not liable to you or anyone else if errors occur in the NurtureCloud Data, Products and Services or if that information is not up to date.

5. Updates

  1. From time to time, NurtureCloud may introduce Updates to the NurtureCloud Data, Products and Services (including retrospective changes to the NurtureCloud Data). Such Updates may include (without limitation) modifications to data sources, data methodology and NurtureCloud Data output.

  2. NurtureCloud will provide you with reasonable prior notice in advance of any Update which would have a material detrimental impact on the NurtureCloud Data, Products and Services, unless security, legal, system performance or Third Party Licence considerations or obligations require an expedited Update, in which case NurtureCloud will use reasonable endeavours to provide you with as much notice as is reasonable in the circumstances.

6. Intellectual Property Rights

6.1 Ownership

  1. You acknowledge and agree that NurtureCloud owns or licenses:

    1. all Intellectual Property Rights in the NurtureCloud Data, Products and Services; and

    2. any Developed Intellectual Property,

and nothing in these Terms is intended to transfer ownership of or interest in any Intellectual Property Rights of NurtureCloud or any third party.

  1. To the extent that you acquire ownership of any Intellectual Property Rights in the Developed Intellectual Property:

    1. you assign such Intellectual Property Rights to NurtureCloud;

    2. you must, upon request by NurtureCloud, execute any assignment or other document reasonably required to evidence or perfect NurtureCloud's ownership of such Intellectual Property Rights; and

    3. you must provide all reasonable assistance requested by NurtureCloud to protect, defend and assert NurtureCloud's interests in such Intellectual Property Rights.

  2. You must notify NurtureCloud immediately if you become aware of any:

    1. unauthorised access to or use of the NurtureCloud Data, Products and Services;

    2. other breach of any of NurtureCloud's Intellectual Property Rights; or

    3. any claim by any third party relating to Intellectual Property Rights in the NurtureCloud Data, Products and Services.

6.2 User Material

  1. You agree and acknowledges that you are solely responsible for any User Material.

  2. You must ensure that User Material, and its collection, use, processing, disclosure and dissemination via the Products and Services:

    1. will not infringe any Intellectual Property Rights of any person; and

    2. complies with all applicable Laws (including Privacy Laws, where applicable).

  3. Notwithstanding any other clause in these Terms, you agree that NurtureCloud will have the right to access, use, adapt, modify, reproduce, reformat, transform, and process User Material for the purpose of:

    1. providing you with the NurtureCloud Data, Products and Services;

    2. internal training; and

    3. testing, improving and developing new modules or features for the NurtureCloud Data, Products and Services, and grant NurtureCloud a perpetual, royalty-free, worldwide, transferable, non-exclusive licence to do so.

7. NurtureCloud Data

  1. Except as otherwise provided by this Agreement, NurtureCloud has the exclusive right to use the NurtureCloud Data, and as between the parties, all NurtureCloud Data will be owned by NurtureCloud, or licensed by NurtureCloud from a third party.

  2. Notwithstanding clause 7*, you may use the NurtureCloud Data:

    1. to receive the benefit of the Products and Services; and

    2. to create derivative outputs, subject to such use at all times being consistent with the Authorised Purpose.

8. Confidentiality and publicity

8.1 Confidentiality

  1. Subject to clauses 8.1* and 8.1*, you must not disclose, or use for a purpose other than as contemplated by these Terms, any Confidential Information of the other party.

  2. A party may only disclose Confidential Information of the other party:

    1. to persons which control, or are controlled by, the party within the meaning of the Corporations Act, and the employees, legal advisors or consultants of such persons, in each case under corresponding obligations of confidence as imposed by this clause and only where such persons, employees, legal advisors or consultants of such persons have a need to know such information in connection with these Terms;

    2. in enforcing these Terms or in a proceeding arising out of or in connection with these Terms; or

    3. to the extent required by Law or pursuant to a binding order of a government agency or court.

  3. NurtureCloud may disclose your Confidential Information to the extent necessary in connection with a capital raising, financing, or transfer or divestiture of all or a portion of its business, or otherwise in connection with a merger, consolidation, change in control, reorganisation or liquidation of all or part of NurtureCloud's business, but will use reasonable efforts to minimise the scope of such disclosure.

8.2 Publicity

  1. You acknowledge and agree that, notwithstanding this clause 8, NurtureCloud may disclose to third parties the fact that you have accepted these Terms with NurtureCloud, including in any marketing or other material used by NurtureCloud.

9. Privacy and security

  1. Each party must comply with the Privacy Act (as though it were an entity bound by the Privacy Act and notwithstanding the small business exception in the Privacy Act) and any other applicable Privacy Laws, in respect of any Personal Information that:

    1. one party discloses to the other party; or

    2. comes into the possession or control of a party by any means, including through use of the NurtureCloud Data, Products and Services.

  2. You must, throughout the Term:

    1. obtain all necessary Consents, and provide all necessary notices, relevant to your use of the Products and Services, including those in relation to the collection, use, disclosure and storage of Personal Information of any individual whose Personal Information may be provided to NurtureCloud, directly or indirectly, as contemplated by these Terms; and

    2. ensure any numbers You phone are ‘washed’ against the Do Not Call Register prior to calling, to the extent this is required by the Privacy Laws, and You acknowledge that NurtureCloud is not responsible for doing this prior to providing You with any NurtureCloud Data.

  3. You acknowledge and agree that NurtureCloud may provide all or part(s) of the NurtureCloud Data, Products and Services from any location worldwide.

10. Third Party Content

  1. You acknowledge that the NurtureCloud Data, Products and Services may incorporate Third Party Content, including third party data or open source software, and that NurtureCloud is not responsible for the accuracy, quality, integrity or reliability of the same.

  2. To the extent permitted by Law (including the Australian Consumer Law, if applicable), NurtureCloud does not give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Content, including third party data or open source software, and NurtureCloud will have no responsibility or liability to you or any other person arising from or in connection with any error, defect or inaccuracy in any Third Party Content.

11. Termination

11.1 Termination

  1. You are free to stop using our Products and Services at any time. We may terminate this Agreement with immediate effect by giving written notice to you at any time:

    1. if you breach any material provision of this Agreement which is incapable of being remedied, or where the breach is capable of being remedied, you fail to remedy the breach within 30 days after receiving written notice from us requiring you to do so; or

    2. without limiting clause 11.1(a)(i), if you fail to comply with the obligations set out in clause 8 (Confidentiality and Publicity) or clause 9 (Privacy and Security); or

    3. for any reason with 14 days’ written notice.

11.2 Consequences of termination

  1. On expiration or termination of these Terms, you lose the right to access or use our Products and Services. for any reason, and you must immediately:

    1. stop using the Products and Services; and

    2. return to NurtureCloud (or, at NurtureCloud's direction, destroy) any of NurtureCloud’s Confidential Information in your possession or control, and NurtureCloud may delete or destroy any copy it holds of the User Material.

  2. Termination of these Terms shall not relieve either party of any accrued liability.

12. Warranties

  1. Each party warrants that it:

    1. has the authority to enter into and perform its obligations under these Terms and that these Terms have been duly agreed to and are a legal, valid and binding agreement;

    2. will comply at all times with applicable Laws; and

    3. will not do anything or make any statement that could be reasonably expected to harm the reputation of the other party, and, in the case of the User, the NurtureCloud Data, Products and Services.

  2. We reserve the right to restrict, suspend or terminate without notice your access to, or any feature of, the NurtureCloud Data, Products and Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

13. Disclaimer

  1. You acknowledge and agree that, to the extent permitted by Law (including the Australian Consumer Law if applicable), the NurtureCloud Data, Products and Services are made available "as is" and NurtureCloud makes no representation, warranty or guarantee:

    1. that the NurtureCloud Data, Products and Services will operate in combination with any other hardware, software, platform, or User Material or that access to them will be uninterrupted or secure;

    2. that the NurtureCloud Data, Products and Services will meet your requirements or expectations or that they will be complete, accurate or up to date;

    3. that the NurtureCloud Data, Products and Services, and information extracted from them, will be accurate, free from defects, bugs, viruses, errors or omissions;

    4. that the NurtureCloud Data will remain static and not be revised by NurtureCloud from time to time;

    5. that any User Material input into the Products and Services will not be lost or corrupted; or

    6. in relation to non-infringement, title, fitness for a particular purpose, functionality, availability or merchantability.

  2. NurtureCloud uses reasonable endeavours to ensure that the Products and Services are free of viruses or other harmful components, but cannot guarantee they will be free from unknown viruses and other harmful components.

  3. NurtureCloud shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other platforms outside the reasonable control of NurtureCloud.

  4. To the extent permitted by Law (including the Australian Consumer Law if applicable), NurtureCloud disclaims all liability in respect of the User’s use of the NurtureCloud Data, Products and Services and the information contained therein, including without limitation in respect of any financial, investment or risk decisions.

14. Indemnities

Without limiting any other indemnities given by the User under this Agreement, you shall defend, hold harmless and indemnify NurtureCloud and its Related Bodies Corporate and Personnel (the NurtureCloud Indemnified Parties) from and against any Loss suffered or incurred by the NurtureCloud Indemnified Parties arising out of or in connection with:

  1. any breach of these terms;

  2. the performance, or failure to perform, of the NurtureCloud Data, Products and Services associated with any deficiency or inadequacy of your technology operating environment; or

  3. any User Material (including Personal Information) used or disclosed by you, including any claim by any person that User Material infringes any Intellectual Property Right or other right (including privacy rights) of such person or any third party.

15. Limitation of Liability

  1. To the extent permitted by Law, (including the Australian Consumer Law if applicable), and subject to clause 15*, in no event will NurtureCloud be liable for any Loss, direct or otherwise, irrespective of the manner in which that loss occurs, which may be suffered due to:

    1. your use of the NurtureCloud Data, Products and Services or the information or materials contained therein;

    2. the inaccessibility of the NurtureCloud Data, Products and Services; or

    3. the fact that certain information or materials contained in the NurtureCloud Data, Products and Services are incorrect, incomplete or not up to date.

  2. To the extent permitted by Law (including the Australian Consumer Law, if applicable), NurtureCloud's liability to the User in respect of a breach of any applicable consumer guarantee under the Australian Consumer Law, is limited to the resupply of the services or the cost of resupplying the services.

  3. Clause 15* does not apply to, and shall not limit, any party's liability to the other for Loss in connection with this Agreement arising out of or in connection with:

    1. any claim by any person (including the other party) of infringement of any Intellectual Property Right or privacy right of such person or any third party; or

    2. personal injury or death.

  4. To the extent permitted by Law, (including the Australian Consumer Law if applicable), under no circumstances will either party be liable for any Consequential Loss, except to the extent arising from a breach by a User of its obligations under clauses 6, 7 and 9.

16. Assignment

16.1 User assignment

You must not assign or novate, directly or indirectly, any rights or obligations under this Agreement without the prior written consent of NurtureCloud (such consent not to be unreasonably withheld or delayed).

16.2 NurtureCloud assignment

NurtureCloud may assign or novate any of its rights or obligations under this Agreement:

  1. to any person that is a Related Body Corporate of either NurtureCloud or Ray White at the time of the relevant assignment or novation;

  2. to any purchaser of all or substantially all of NurtureCloud's business; or

  3. with your prior written consent (such consent not to be unreasonably withheld or delayed).

17. Survival

Without limiting any other provision of this Agreement, clauses 6 (Intellectual Property Rights), 8 (Confidentiality and publicity), 9 (Privacy and security), 14 (Indemnities), 15 (Limitation of Liability), and any other clauses which should by their nature survive termination of these Terms, survive termination or expiry of these Terms for any reason.

18. Notices

Any notice, demand, consent or other communication (a Notice) given or made under these Terms:

  1. must be in writing and signed by the sender or a person duly authorised by the sender (or in the case of email, set out the full name and position or title of the sender or person duly authorised by the sender);

  2. must be addressed and delivered to the intended recipient by prepaid post (if posted to an address in another country, by registered airmail) or by hand or email to the address or email address last notified by the intended recipient to the sender; and

  3. will be conclusively taken to be duly given or made when delivered, received or left at the relevant email address or address. If delivery or receipt occurs on a day that is not a business day in the place to which the Notice is sent or is later than 4pm (local time) at that place, it will be conclusively taken to have been duly given or made at the commencement of business on the next business day in that place.

19. Dispute resolution

  1. If a dispute arises out of or in relation to these Terms, either party may notify the other in writing in which case a nominated representative of each affected party must promptly attempt in good faith to resolve the dispute. In the event that the parties are unable to resolve the dispute within seven days of the written notification referred to in this clause, each party must promptly refer the dispute for resolution to one of:

    1. in the case of a business or organisation, the Managing Director, Chief Executive or Chief Operating Officer (Senior Executive) of that party; or

    2. in the case of an individual, to a person duly authorised to resolve the dispute.

  2. If the parties are unable to resolve the dispute within 14 days following referral under clause *, then either party may use such lawful dispute resolution procedures or seek such legal and equitable remedies as it considers necessary or appropriate in its sole discretion.

  3. Nothing in this clause 19, shall prevent a party from seeking urgent injunctive relief before an appropriate court.

20. General

  1. These Terms contain the entire agreement between the parties with respect to its subject matter and supersedes any prior or contemporaneous agreements between you and us. Neither of the parties has relied on or is relying on any other representation in agreeing to these terms.

  2. Each party will be fully responsible to the other for any Loss suffered by the first party or its Personnel arising from or in connection with the acts or omissions of its sub-contractors, contractors, assigns and all their employees, as if they were the acts and omissions of the first party.

  3. No failure to exercise or delay in exercising any right, power or remedy under these Terms operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

  4. The rights, powers and remedies provided to a party in these Terms are in addition to, and do not exclude or limit, any right, power or remedy provided by law or equity or any agreement.

  5. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.

  6. These Terms and, to the extent permitted by law, all related matters including non-contractual matters, are governed by the laws of Queensland and of the Commonwealth of Australia applying there. In relation to such matters each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.

21. Definitions and interpretation

21.1 Definitions

The following definitions apply unless the context requires otherwise.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.

Authorised Purpose means the User’s internal lead management, marketing, data analysis and related internal business operations and decision-making purposes.

Confidential Information means all information of a confidential or proprietary nature, in any form whether tangible or not, disclosed or communicated by a party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into these Terms. Specifically, NurtureCloud's Confidential Information includes the design, specification and content of the Products and Services, including its source code, NurtureCloud's personnel information, operational and other policies, project documentation, proposals, or other development documentation including any specifications, or business strategies, and the terms of this agreement. Confidential Information does not include information which is:

  1. already known to the other party;

  2. received by the other party from a third party not under a duty of confidence; or

  3. independently developed by the other party.

Consent means any licences, clearances, permissions, authorisations, waivers, approvals or consents.

Consequential Loss means any indirect or consequential loss (not being loss which arises naturally as a result of a breach of these Terms or other event the subject of the relevant claim), including loss of profits, loss of income or revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, or loss of business.

Corporations Act means the Corporations Act 2001 (Cth), as amended or replaced from time to time.

Developed Intellectual Property means any Intellectual Property Rights arising from any work done by or for NurtureCloud on behalf of the User in connection with the Products and Services, including the development of any portals used by the User to access the Products and Services and any feedback (including suggestions, ideas, information, comments, process descriptions or other information) provided by the User to NurtureCloud.

Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyrights (including rights in computer software), trade marks, service marks, designs, patents, trade secrets, semi-conductor or circuit layout rights, trade, business, domain or company names, rights in Confidential Information, know how and other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these, which may subsist anywhere in the world, but excludes moral rights, and similar personal rights, which by law are non-assignable.

Law means all applicable laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct and standards, writs, orders, injunctions and judgments.

Loss means any claim, loss, damage, liability, cost, charge or expense (including legal expenses on a full indemnity basis), however arising, and whether present or future, fixed or unascertained, actual or contingent.

Notifiable Data Breach has the meaning given to that term in the Privacy Act.

NurtureCloud Data means the information or data provided by NurtureCloud in connection with the Products and Services (but does not include the User Material) including but not limited to:

  1. all meta-data and usage data generated through the User’s use of the NurtureCloud Data, Products, and Services, including but not limited to interactions, transactions, user behaviour and feedback (User Generated Data); and

  2. all data derived from or generated through analysis, compilation, or processing of User Generated Data, including, without limitation, propensity scores, lead grades, predictive insights and other forms of analytical data (Generated Propensity Data).

NurtureCloud Documentation means any API documentation, sample code, reference manual, user instructions, technical literature and all other related materials supplied to the User in any format by NurtureCloud for aiding the installation, use and application of the Products and Services (including the Software), and will include all revised documentation supplied as part of an Update.

Personal Information has the meaning given to that term in the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth), as amended or replaced from time to time.

Privacy Law means all legislation, principles, industry codes and policies, as amended or replaced from time to time, which relate to the collection, use, disclosure, storage or granting of access rights to Personal Information, and includes the Privacy Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).

Products and Services means the products and services NurtureCloud provides a User pursuant to these Terms including any Software and support services NurtureCloud may provide from time to time (if any), and any associated NurtureCloud Documentation or Updates (as applicable).

Ray White means The Ray White (Real Estate) Partnership and any entity the partners have authorised to act as agent on their behalf in respect of a franchise or licence agreement with an entity in the Ray White Network.

Ray White Network means the network of estate agents that either:

  1. operate under the Ray White and Living Here brands; or

  2. are provided access to all or part of the systems and components forming part of Ray White’s ‘One System’;

in Australia and New Zealand, whether pursuant to a franchise or licence agreement or other arrangement with Ray White or one of its Related Bodies Corporate.

Related Body Corporate has the meaning given to that term in section 9 of the Corporations Act.

Software means the software, licensed or otherwise, provided to the User by NurtureCloud in accordance with these Terms, and includes all software supplied as part of an Update.

Term means the period from the date on which the User accepts or otherwise agrees to these Terms and continues until their expiry or termination.

Third Party Content means any information, data or other content that NurtureCloud sources and/or supplies from any third party for use in connection with the Products and Services.

Third Party Licence means any licence, registration or other authorisation that is required by the User to enable the User to properly access and use the Products and Services, including any licence, registration or other authorisation as notified by NurtureCloud to the User.

Update means any update, upgrade or modification to the Software from time to time, but does not include new versions of the Software, and accompanying revisions to the NurtureCloud Documentation, as determined in the absolute discretion of NurtureCloud.

User Material means any and all data or other material input, entered into or added or uploaded to the Products and Services, or otherwise provided or made available to NurtureCloud, by, on behalf of, or at the request of the User.

21.2 Interpretation

Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise.

  1. the singular includes the plural and conversely;

  2. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

  3. a reference to a person includes any body corporate, unincorporated body or other entity and conversely;

  4. a reference to a clause is to a clause of these Terms and Conditions;

  5. a reference to any party to this Agreement or any other agreement or document includes the party’s successors and permitted assigns;

  6. a reference to any agreement or document (including a reference to this Agreement) is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, where applicable, in accordance with this Agreement or that other agreement or document;

  7. a reference to any legislation or to any provision of any legislation includes any modification or re-enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it;

  8. a reference to conduct includes any omissions, statement or undertaking, whether or not in writing;

  9. a reference to includes, means includes without limitation; and

  10. all references to $ are to Australian dollars, unless otherwise specified.