TERMS AND CONDITIONS

1. Reading and accepting these terms

1. In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
2. By clicking the tick box below or clicking the “I accept these Terms” button on our App, paying for your Subscription or otherwise accepting the benefit of any part of your Subscription, you agree to be bound by these Terms which form a binding contractual agreement between you the person acquiring a Subscription or the company you represent and are acquiring the Subscription on behalf of (‘you’ or ‘your’) and us.
3. We may change these Terms at any time by notifying you, and your continued use of the App following such an update will represent an agreement by you to be bound by the Terms as amended.

2. ACCOUNT REGISTRATION

2.1 creating your account

1. In order to use the App, you will be required to sign up for an account (Account).
2. In order to sign up for an Account, you warrant that:
   (i) you are at least 18 years old;
   (ii) you have not committed or been convicted of any indicatable offence, a sex crime or any crime involving violence; and
   (iiI) you are not required to be listed on any national, state or local sex offender registry.
3. When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

2.2 maintaining your account

1. You agree that you’re solely responsible for:
   (i) maintaining the confidentiality and security of your Account information and your 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.
2. You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
3. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
4. Chec-In may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

3. DURATION OF YOUR SUBSCRIPTION

2.1 creating your account

1. Your Subscription and these Terms commence on the date you agree to be bound by these Terms (as set out at the beginning of these Terms) and continues for the Subscription Period and any Renewal Periods applicable, unless terminated earlier in accordance with clause 16.
2. Subject to clause 3(c), upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period).
3. This agreement will not automatically renew on expiry of the Subscription or Renewal Period (Renewal Date), if either party provides a written cancellation notice at least [insert notice period] prior to the Renewal Date.
4. At least [insert period] prior to the expiry of the Renewal Date, we will provide you with advanced written notice of the agreement renewing and any applicable changes to the Subscription Fees or these Terms (Renewal Notice).

4. the app

1. Your Subscription includes the benefits and limitations of your Subscription Tier as set out in our App, or as otherwise communicated to you when you subscribe for your Subscription (and as amended from time to time by notice to you).
2. While your Subscription is maintained, we grant to you a non-exclusive, non-transferable licence to use the App.
3. We may from time to time, in our absolute discretion, release enhancements to the App, meaning an upgraded, improved, modified or new versions of the App (Enhancements). Any Enhancements to the App will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
4. We may change any features of the App at any time on notice to you.

5. communication with other users

5.1 User interactions

1. While Chec-In strives to create a safe and respectful online community and user experience, you acknowledge and agree that we are not responsible for the conduct of any user either on or off the App.
2. You agree to use caution in all interactions with other users if you choose to communicate with another user off the App and particularly if you meet another user in person.
3. You are solely responsible for your interaction with other users of the App. Chec-In does not conduct police checks on its users or otherwise inquire into the background of its users. Chec-In makes no representations or warranties as to the conduct or compatibility of its users.
4. You agree to present yourself respectfully and authentically by refraining from uploading or sharing content that is obscene, pornographic, violent or otherwise offensive, or that is abusive, insulting, threatening or otherwise encourages or facilitates any illegal activity.
5. You agree that you are solely responsible for taking all necessary steps to protect your privacy and security when taking and uploading photos to the App.

5.2 Information sharing

1. Your full name and the full name of other users will not be disclosed on the App. Each user will be displayed under their first name.
2. As part of your profile, you can answer a series of questions about your interests and values. You acknowledge that any answers you provide to these questions will be displayed in your profile, and therefore publicly accessible to all users of the App.
3. You agree not to provide other users with your financial information (for example, credit card or bank account details) or otherwise send money to or financially assist other users.

5.3 App use

By signing up for an Account or otherwise using our App or Website, you agree that you will not:

1. misrepresent your age, identity or qualifications;
2. harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any other user;
3. solicit money or other items of value from another user, whether as a gift, loan or form of compensation;
4. use another user’s Account;
5. share, or encourage other users to share, pornographic content;
6. use the App for any illegal, nefarious or harmful purpose; or
7. use the Service to damage the reputation of Chec-In.

5.3 Acceptable use

We’ll need you to make a few promises about the way you’ll use the App.
You agree:

1. not to copy, reproduce, translate, adapt, vary or modify the App without our express consent;
2. not to use the App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
3. not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
4. not to attempt to breach the security of the App or Chec-In’s system security, or otherwise interfere with the normal function of the App, including by:
   (i) gaining unauthorised access to Accounts or data about other users of the App;
   (ii) scanning, probing or testing the App for security vulnerabilities;
   (iii) overload, flood, mailbomb, crash or submit a virus to the App or Chec-In’s system; or
   (iv) instigate or participate in a denial-of-service attack against the App or Chec-In’s system; and
5. to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the App comply with the Terms.

6. FEES AND PAYMENT

6.1 TRIAL PERIOD
We may from time to time offer a free trial period of the App (Free Trial Period). No payments will be due during any Free Trial Period and your first payment will be due immediately after the expiry of the Free Trial Period.

6.2 SUBSCRIPTION FEES

1. You must pay subscription fees to us in the amounts specified on the Website for your Subscription Tier, or as otherwise agreed in writing (Subscription Fees).
2. All Subscription Fees must be paid in advance and are non-refundable for change of mind.
3. Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period (or immediately after the expiry of any applicable Free Trial Period) and at the beginning of every Renewal Period thereafter.

6.3 AUTOMATIC RECURRING BILLING
Subject to clauses 6.5 and 6.6:

1. Your Subscription will continue to renew on an automatic indefinite basis unless you notify us that you wish to cancel in accordance with this clause 6.
2. While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.
3. By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

6.4 Refunds
Subject to clause 6.5 and except as otherwise set out on our website or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our App that you think should entitle you to a refund and we’ll consider your situation.

6.5 Grace period
If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you have up to 24 hours from the date of that renewal to cancel your Subscription by [contacting us through our Website] (Grace Period). If you cancel your Subscription within the Grace Period, please contact us via our Website to request a refund for any recurring fees charged to you during the Grace Period.

6.6 CHANGES TO SUBSCRIPTION FEES
We may, from time to time, change our Subscription Fees and provide you with 10 Business Days’ notice prior to the changes. During this time, you have the opportunity to cancel your Subscription with us. If you do not cancel your Subscription before the new Subscription Fees take effect, the Grace Period in clause 6.5 will apply.

6.7 LATE PAYMENTS
We reserve the right to suspend all or part of your access to the App indefinitely if you fail to pay any Fees in accordance with this clause 6.

6.8 GST
We reserve the right to suspend all or part of your access to the App indefinitely if you fail to pay any Fees in accordance with this clause 6.

6.9 CARD SURCHARGES
We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

6.10 ONLINE PAYMENT PARTNER
We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

1. We may use third-party online payment partner (Online Payment Partner) to collect Subscription Fees.
2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you acknowledge agree that:
   (i) the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found [here];
   (ii) you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment; andne Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found [here];
   (iii) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
3. You have the right to reject any terms and conditions of the Online Payment Partner. If you reject those terms, we cannot provide you with the Subscription and clause 16 will apply.

7. POSTED MATERIAL

7.1 WARRANTIES
By providing or posting any information, Material or other content in connection with the App (Posted Material), you represent and warrant that, and must ensure that all Users make equivalent representations and warranties:

1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
2. the Posted Material is accurate and true at the time it is provided;
3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
5. the Posted Material is free from any material that may harm our reputation or that of associated or interested parties;
6. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
7. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, Confidential Information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
8. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the App or any network or system; and
9. the Posted Material does not breach or infringe any applicable Laws.

7.2 LICENCE
By uploading any Posted Materials, you grant to Chec-In (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Chec-In to use, exploit or otherwise enjoy the benefit of such Posted Material.

7.3 REMOVAL
We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

8. INTELLECTUAL PROPERTY

1. (Our ownership) We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (App Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the App Content not expressly granted to you.
2. (Licence to you) You are granted a licence to the App Content and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the App. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any App Content without prior written consent from us or as otherwise permitted by law.

9. THIRD PARTY terms

1. If we are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’).
2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we acquire as part of providing the App to you and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the App to you and clause 16 will apply.

10. CONFIDENTIALITY

1. Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party’s prior written consent.
2. Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.
3. The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.

11. PRIVACY

1. We collect personal information about you in the course of providing you with the App, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found at [insert URL].
2. Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.
3. By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy.

12. notice regarding apple

If you are accessing the App from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

1. these Terms are between you and Chec-In and not with Apple. Apple is not responsible for the App or any content available on the App;
2. Apple has no obligation whatsoever to furnish any maintenance and support services for the App;
3. in the event of any failure of Chec-In to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Chec-In’s responsibility;
4. Apple is not responsible for addressing any claims by you or any third party relating to the App, including, but not limited to:
   (i) product liability claims;
   (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
   (iii) claims arising under consumer protection, privacy, or similar legislation;
5. in the event of any third party claim that the App or your use of the App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
6. that you represent and warrant that:
   (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
   (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
7. you must comply with applicable third party terms of agreement when using the App; and
8. you must comply with applicable Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.third party terms of agreement when using the App; and

13. OPERATION OF THE APP DEPENDENT ON THIRD PARTIES

You acknowledge that the App is dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the App can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

14. LIABILITY

14.1 WARRANTIES AND LIMITATIONS

1. (Warranties) We warrant that:
   (i) during the Subscription Period, the App will perform substantially in accordance with the intended purpose;
   (ii) during the Subscription Period, the App will be provided as described to you in, and subject to, these Terms; and
   (iii) to our knowledge, the use of the App in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
2. (Errors) We will correct any errors, bugs or defects in the App which arise during your Subscription and which are notified to us by you, unless the errors, bugs or defects:
   (i) result from the interaction of the App with any other solution or computer hardware, software or services not approved in writing by us;
   (ii) result from any misuse of the App; or
   (iii) result from the use of the App by you other than in accordance with these Terms.
3. (Service Limitations) While we will use our best endeavours to ensure the App is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
   (i) the App may have errors or defects;
   (ii) the App may not be accessible at times;
   (iii) messages sent through the App may not be delivered promptly, or delivered at all;
   (iv) information you receive or supply through the App may not be secure or confidential; or
   (v) any information provided through the App may not be accurate or true.
4. (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
5. (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

14.2 Liability

1. To the maximum extent permitted by law and subject to clause 14.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the App is limited to the total Fees paid to us by you in the 6 months preceding the date of the event giving rise to the relevant liability, or if no Fees have been paid to us, then the total liability of each party is limited to $100 AUD.
2. Clause 14.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:(i) the App may have errors or defects;
   (ii) the App may not be accessible at times;
   (iii) third party intellectual property rights;
   (iv) breach of clause 5.3; or
   (v) breach of clause 5.4.

14.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:

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

15. UPGRADE AND DOWNGRADES

1. You may notify us that you would like to upgrade or downgrade your Subscription Tier at any time. If you do, we will:
   (i) take reasonable steps to promptly provide you with access to the new Subscription Tier; and
   (ii) upon providing such access, apply the new, relevant Subscription Fees, to the Renewal Period immediately following the period in which your access to the new Subscription Tier was provided, and you will be charged at the new Subscription Fee in every subsequent Renewal Period.
2. If you choose to downgrade your Subscription, access to the new Subscription Tier and the new Subscription Fees will kick in at the start of the next Renewal Period, unless we notify you otherwise. We generally do not pro-rate downgrades in between Renewal Periods, however we reserve the right to from time to time.
3. If you choose to downgrade your Subscription, you acknowledge and agree we are not liable, and you release us from all claims in relation to, any loss of content, features, or capacity, including any Posted Material.

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

16. CANCELLATION

16.1 Cancellation at any time

Either party may cancel or terminate your Subscription for convenience by providing 10 Business Days’ notice to the other party.

16.2 Cancellation for breach

1. Either party may cancel your Subscription immediately by written notice if there has been a Breach of these Terms.
2. A “Breach” of these Terms means:
   (i) a party (Notifying Party) considers the other party (or any of its Personnel or Users) is in breach of these Terms and notifies the other party;
   (ii) the other party is given 10 Business Days to rectify the breach; and
   (iii) the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.

16.3 EFFECT OF TERMINATION
Upon termination of this agreement:

1. you will no longer have access to the App, your Account or your Posted Material and we will have no responsibility to store or otherwise retain any Posted Material (and you release us in respect of any loss or damage which may arise out of us not retaining any Posted Material beyond that point);
2. unless agreed in writing, any Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Renewal Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable; and
3. each party must comply with all obligations that are by their nature intended to survive the end of this agreement.

17. DISPUTE RESOLUTION

1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

18. LOCATION OF APP

1. Chec-In controls the operation of the App from headquarters located in Australia. Some App or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
2. We make no representation or warranty that all of the features of the App will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
3. You’re solely responsible for your decision to use the App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the App.

19. FORCE MAJEURE

1. We will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
2. If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
   (i) reasonable details of the Force Majeure Event; and
   (ii) so far as is known, the probable extent to which We will be unable to perform or be delayed in performing its obligations under this agreement.
3. Subject to compliance with clause 19(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:
   (i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
   (ii) strikes or other industrial action outside of the control of us;
   (iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
   (iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.

20. NOTICES

1. 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 the email address specified in the Order, or if no email address is specified in the Order, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
2. 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, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
   (ii) when replied to by the other party, whichever is earlier.

21. GENERAL

21.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. 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.

21.2 WAIVER

No party to this agreement 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.

21.3 SEVERANCE

Any term of this agreement 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 this agreement is not limited or otherwise affected.

21.4 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.

21.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

21.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

21.7 INTERPRETATION

• (singular and plural) words in the singular includes the plural (and vice versa);
• (currency) a reference to $; or “dollar” is to Australian currency;
• (gender) words indicating a gender includes the corresponding words of any other gender;
• (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;
• (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;
• (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;
• (this agreement) 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 this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
• (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
• (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (includes) the word “includes” and similar words in any form is not a word of limitation; and
• (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.