1.1. Welcome to http://wellspirationtherapy.com/ or our application (the Website). The Website provides a platform for interactions between:
(a) mental health practitioners such as psychiatrists, psychologists, psychotherapists and counsellors (the Practitioners ); and
(b) patients requiring mental health services (the Patients).
making it easier for the Practitioners and the Patients to locate, communicate, arrange payment and deliver the health services in a fast and secure manner (the Services).
1.2. The Website is operated by Wellspiration Counselling Pty Ltd (ACN 640 193 086) (the Company). Access to and use of the Website, or any of its associated products or Services, is provided by the Company. Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3. The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.1. You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by the Company in the user interface.
3.1. In order to access the Services, you are required to register for an account through the Website (the Account).
3.2. If you are a Practitioner, you may be required to provide:
(c) your personal information such as your name, address, email address, phone number, your professional qualification and your provider number; and
(d) your organisational information such as the name and the address of your practice.
3.3. If you are a Patient, you may be required to provide:
(e) your name;
(f) your date of birth;
(g) your contact details (e.g. address, email address, phone number);
(h) your gender;
(i) your marital status;
(j) your occupation;
(k) your allergies and medications;
(l) your emergency contact details;
(m) the type of appointment you are requesting and the reason why you are seeking that type of appointment;
(n) your Medicare number and details; and
(o) your private health insurance details (if any).
3.4. You warrant that any information you give to the Company in the course of completing the registration process will always be accurate, correct and up to date.
3.5. You acknowledge and agree to keep the Website login details confidential and you will not share these details with anyone. You will inform the Company at the earliest if you become aware of any unauthorised logins to your account.
3.6. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
3.7. You may not use the Services and may not accept the Terms if:
(p) you are not of legal age or do not have a legal capacity to form a binding contract with the Company; or
(q) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services; or
(r) you are a Practitioner and you are barred by the relevant applicable laws from practising.
4.1. As a Member, you agree to comply with the following:
(s) you will not share your profile with any other person;
(t) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(u) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(v) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(w) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(x) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;
(y) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(z) you will not post, publish or transmit any content which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, hateful, or racially or ethnically or otherwise objectionable;
(aa) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(bb) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Company;
(cc) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(dd) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website; and
(ee) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. The Practitionersshall:
(ff) provide to the Company accurate, true and complete information about themselves and their background, including their qualifications, certifications, any previous experiences, etc. as soon as practicable when requested by the Company. Providing false or inaccurate or illegal information is strictly prohibited and may be punishable by law;
(gg) hold and maintain all licences with all relevant regulatory boards and/or other bodies, councils or authorities necessary to enable the Practitioner to legally practice and deliver the relevant services in the jurisdiction in which the Practitioner operates;
(hh) notify the Company of any changes to their qualifications, certifications, licences and permits necessary for them to provide the relevant healthcare services or of any breaches of any laws, rules, regulations, industry codes or serious claims for misconduct or professional negligence by the Practitioners which may impact their ability to provide healthcare services;
(ii) hold and maintain all insurance policies which a reasonably prudent healthcare provider in the Practitioner’s position would maintain, including but not limited to "Professional Indemnity" (including medical negligence if required) and "Public Liability" insurance in relation to the services offered by the Practitioners;
(jj) maintain as confidential and keep secure all information regarding the Patients and any other data received from Patients, and not disclose or use any information regarding a Patient or any other data received from the Company other than for the purposes of the Terms or the provision of the relevant healthcare services (except, in the case of information regarding a Patient, with the consent of that Patient);
(kk) comply with all applicable privacy and information laws and regulations with respect to the personal and health information of the Patients and will indemnify the Company against any claims that result from the Practitioner's non-compliance with this clause;
(ll) notify the Companyof any complaints relating to the Services received by the Patients; and
(mm) comply with all applicable laws in relation to its use of the Servicesat all times.
5.2. To access the Services, the Practitioners will be required to pay:
(nn) a monthly subscription fee for the listing of their profiles on the Website (Subscription Fee); and
(oo) a transaction fee for each appointment made through the Website, calculated based on a percentage of each consultation fee (Transaction Fee).
5.3. Both the Subscription Fee and Transaction Fee (collectively, the Fees) are set out in the Website. The Company may vary the Fees from time to time but will notify you of prior to the variation coming into effect.
5.4. The Subscription Fee is payable monthly in advance and will continue until the Practitioners cancel their subscriptions. The Practitioners authorise the Company and/or its third-party payment processing providers to store their payment details and to automatically charge them the relevant Subscription Fee every month in advance until they cancel their subscriptions.
5.5. The Transaction Fee is payable each time an appointment is made by a Patient through the Website. The Company will collect the consultation fee set by the Practitioners and remit such fee, less the amount of the Transaction Fee, to the Practitioners. If a Patient fails to pay the fee set by the Practitioners, the Company will not be responsible or liable for recovering that fee on behalf of the Practitioners.
5.6. All payments made in the course of the use of the Services are made using a third-party payment processing provider as specified in the Website (the ‘Payment Gateway’). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Payment Gateway’s terms and conditions which are available on their website.
5.7. If the Practitioners elect to pay the Subscription Fee or any fees, charges, expenses or monies owing pursuant to the Terms by way of direct debit and/or credit card and there is a chargeback by their credit providers, then the Practitioners are liable for all such costs including banking fees and charges and the Company may suspend or terminate the Services immediately. The Practitioners will also be charged the Company’s then current administration fee (‘Administration Fee’), and the Practitioners agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (‘Interest’) on amounts which remain unpaid after 30 days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, the Company will reinstate the Services to you.
5.8. Further, if the Practitioners do not pay any amounts owing to the Company, the Practitioners will be liable to make the payment immediately. In the event the amounts remain unpaid after 30 days from the date of the tax invoice, the Company may proceed to recover the debt from you without further notice. If the Company initiates debt recovery action against the Practitioners, the Practitioners acknowledge and agree that they will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements. The Practitioners will also be liable to pay the Interest and Administration Fee on the outstanding debt and the Company may report you to a credit reporting agency.
5.9. The Company reserves the right to terminate or suspend your access to the Website, the Services and the Products in the event that you fail to pay any payment owing pursuant to the Terms from time to time.
5.10. The Subscription Fee will not be refundable in the event the Practitioners elect to cancel their subscriptions. However, the Practitioners may continue to use the Services for the remainder of the subscription period
5.11. The Subscription Fee may be refundable in the event the Company is unable to continue to provide the Services or if the manager of the Company makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Practitioners.
5.12. Where a Patient contacts a Practitioner for the engagement of further services outside the Website, the Practitioner must during the period of 12 months after first being introduced to the Patient by the Website, direct the Patient to engage the Practitioner via the Website. The Company will remove a Practitioner if they are found not to have directed Patients back to the Website. In the event the Practitioner retains the Patient outside the Website, the Practitioner acknowledges and agrees that the Practitioner is liable to the Company for the equivalent of 25% (less GST and disbursements) of all services rendered by the Practitioner to the Patient during the above-mentioned period of 12 months.
5.13. Both the Practitioners and the Patients grant the Company the right to examine the books, accounts and records of the Practitioners and the Patients, all at such reasonable times as may be requested by the Company to ascertain whether the Practitionersor the Patients are in breach of clause 5.11of the Terms.
5.14. Both the Practitioners and the Patients acknowledge and agree that clauses5.11 and 5.12 of the Terms are fair and reasonable under the circumstances and these restraints are reasonably necessary to protect the Company’s business interests as it has expended significant resources in advertising, marketing and staffing to make its Services possible.
6.1. The Company is not a health service provider, is not engaging in medical practice and does not offer any medical services. Nothing provided by the Company is medical advice and the Patients cannot rely on it. The Patients should always consult a Practitionerfor their medical conditions.Any use of the Services is not intended to, and does not, create a doctor-patient relationship. Any communication via the Website may not be held confidential and may not be bound by doctor-patient privilege.
6.2. The Company is not a medical practitioner referral service nor is the Company an agent for any of the Practitioners listed on the Website.The Company does not select or endorse any Practitioners listed on the Website. The Company does not make any warranty, guarantee, or representation as to the ability, competence, quality or qualifications of any Practitioners. The Company encourages the Patients to make all necessary enquiries and satisfy themselves as to whether the Practitioner meets their requirements and objectives.
6.3. The Company has no responsibility for and no liability whatsoever in respect of an act or omission of the Practitioners, including the conduct, timing or attendance of an appointment, the provision of a prescription or the quality of services provided by the Practitioners. Appointment availability are provided to the Company by Practitioners. The Company cannot ensure that Practitioners attend to appointments timely. If a Patient’s matter is urgent or if the Patient has a medical emergency, the Patient should seek urgent medical or hospital attention.
6.4. The Patients must pay the applicable consultation fees (Consultation Fees) through the Website prior to attending the appointments.
6.5. The Patients acknowledges that the Company does not provide nor charge for the provision of medical or health services. The Company charges a Transaction Fee for each consultation facilitated by the Company through the Website.
6.6. All payments made in the course of the use of the Services are made using the Payment Gateway. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Payment Gateway’s terms and conditions which are available on their website.
6.7. The Consultation Fees will not be refundable if the Patients elect to cancel their appointments, unless the Patients provide at least 72 hours of written notice prior to the commencement of their appointments.
6.8. If, for whatever reason, the Patients are unsatisfied with the Services or Products please contact the Companyoutlining why you believe you are entitled to a refund of the Consultation Fees so that we are able to determine whether a refund should occur.Any refunds granted pursuant to this clause will be at the Company’s absolute discretion.
7.1. As a Platform User, you agree and acknowledge the following:
(a) We do not accept liability for any loss or damage arising from late delivery.
(b) We do not accept liability for non-delivery if you provide us with incorrect delivery details.
(c) You agree that late delivery does not constitute a failure of our agreement and does not entitle you to cancel an order.
(d) We do not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
(e) We reserve to right to decline your order.
(f) Gift Card will expire 3 years and 3 months after date of issue
8.1. The Website, the Services and all of the related products of the Company are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by the Company or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by the Company, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(pp) use the Website pursuant to the Terms;
(qq) copy and store the Website and the material contained in the Website in your device's cache memory; and
(rr) print pages from the Website for your own personal and non-commercial use.
8.3. The Company does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the Company.
8.4. The Company retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(ss) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(tt) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(uu) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
8.5. You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8.6. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to the Company a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change Your Content.
9.1. The Website may contain links to websites operated by third parties. Unless expressly stated otherwise, the Company does not endorse and is not responsible for the content on those linked websites and have no control over or rights in those linked websites.
9.2. The Company may provide third party offers to you. Some third party offers may provide the Company a commission. Each offer should be evaluated before engagement. The company is not affiliated or guarantee their product or service. The Company will not be subject to indemnity over third party usage.
10.2. You warrant that you have obtained the consent of any third person whose personal information you provide to the Company or post to the Website.
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(vv) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ww) the Company will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Company) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(xx) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(yy) the accuracy, completeness, suitability or timeliness of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(zz) costs incurred as a result of you using the Website, the Services or any of the products of the Company; and
(aaa) the Services or operation in respect to links which are provided for your convenience.
12.1. The Company's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you, or the payment of the cost of having the Services resupplied to you.
12.2. You expressly understand and agree that the Company, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. The Company is not responsible or liable in any manner for any content posted on the Website or in connection with the Services, whether posted by the Practitioners or by the Patients or by any other third parties.
12.4. The Companydoes not control and is not responsible for the behaviours and actions of its Members, their comments, posts or information that they upload. Accordingly, the Company is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter on the Website or in connection with your use of the Services.
12.5. The Company is not a party to and will not have any liability with respect to theengagement between the Practitioners and the Patients. Any claims arising out of the medical services provided by the Practitioners should be brought against the Practitioners.Both the Practitioners and Patients indemnify the Company from all claims, suits, demands and legal actions arising from any and all disputes between them.
12.6. The Company is not responsible or liable for any failure or delay due to matters beyond its reasonable control.
12.7. The Company is not responsible for any duties, taxes, visas or immigration matters associated with the Services or under theTerms.
13.1. If you want to terminate the Terms, you may do so by providing the Company with 30 days' written notice of your intention to terminate by sending notice of your intention to terminate to the Company via the 'Contact Us' link on our homepage.
13.2. The Company may at any time, terminate the Terms with you if:
(bbb) you have breached any provision of the Terms or intend to breach any provision;
(ccc) you are a Practitioner and you lose your relevant regulatory or other licence or authority to deliver the relevant healthcare services;
(ddd) the Company is required to do so by law;
(eee) the Company is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(eee) the Company is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(fff) the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable.
13.3. Subject to local applicable laws, the Company reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts the Company's name or reputation or violates the rights of those of another party.
13.4. When the Terms come to an end, the Company will cancel your membership and terminate your access to the Website, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1. You agree to indemnify the Company and its officers, directors, employees, sublicensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers' fees and court costs) which arise out of or relate to your use of the Website and/or the Services, including but is not limited to:
(a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
(b) any act (including negligent acts or omissions) arising from the engagement between the Practitioners and the Patients;
(c) your breach of the Terms;
(d) Your Content; and/or
(e) your use of any intellectual property not contemplated by the Terms or as a consequence of a breach of the Terms.
14.2. This indemnity will survive termination of the Terms.
If a dispute arises out of or relates to the Terms or between a Practitioner and a Patient, the parties may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(ggg) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(hhh) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation.;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(jjj) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15.6. Compulsory Mediation and Arbitration
If a dispute arises out of or relates to the Terms outside of Australia, unless the Dispute Parties have complied with the following clauses, the parties may not commence any tribunal, arbitration, or Court proceedings in relation to the dispute (except where urgent interlocutory relief is sought).
A party to the Terms claiming a Dispute has arisen under the Terms, must give notice, in compliance with clause 14, to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice by that other party, the Dispute Parties to the Terms must within seven (7) days of the notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If for any reason whatsoever, twenty-one (21) days after the date of the notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation.
The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Dispute Parties must each pay their own costs associated with the mediation.
The mediation will be held in Sydney, Australia.
In the event that the Disputearising out of or relates to the Terms, the Services, any products, or the Platform, outside of Australia is not resolved at the conclusion of the mediation, the Dispute Parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with the Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
However, the Company may apply for immediate injunctive relief in any court of competent jurisdiction.
All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
The Services offered by the Company is intended to be viewed by residents of Sydney. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18.1. The Company may provide any notice to you under the Terms by sending a message to your email address.
18.2. Unless specified otherwise, any notices provided by you to the Company must be in writing and be delivered by email to firstname.lastname@example.org
18.3. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).
18.4. Notice by email is regarded as given and received at the time sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
20.1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
20.2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
20.3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
21.1. You may not assign your rights or delegate your duties under these Terms or any additional terms without our prior written consent.
21.2. A purported assignment without written consent will be deemed to be void and convey no rights.
21.3. The Company may assign its rights or delegate its duties under the Terms or any additional terms without prior written consent.
If you wish to notify us about anything relating to the Terms, please contact us at email@example.com