Free Australia Wide shipping for orders over $50

Last updated on 9 September 2026

Lenis Castro trading as ‘B Animated’

ABN 42 331 208 894

 

 

 

 

 

TERMS AND CONDITIONS

FOR BUYING PRODUCTS, ENGAGING OUR SERVICES, ACCESSING OUR EXPERIENCES AND JUST BROWSING

 

Welcome to B Animated.

In these terms, we also refer to B Animated as “our”, “we, or “us”.

And you are you!

 

What are these terms about?

These terms apply when you:

(a) use this website, being www.banimated.com.au and any other websites we operate with the same domain name and a different extension (Website);

(b) purchase products from us, whether through the Website, in person, at markets or events, or by any other method we make available (Products);

(c) access or use any augmented reality, WebAR, app-based, QR code, image tracking or other interactive digital experience connected with our Products or services (Experience); or

(d) engage us to provide creative, design, augmented reality, interactive digital, white-label, business-to-business or related services (Services),

unless we agree separate written terms with you.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: [insert link].

 

 

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

● PART A: Terms for when you buy Products or engage our Services (applies when you buy)

● PART B: Terms for when you browse and interact with this Website (applies when you browse)

● PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

 

Please let us know if you have any questions about these terms, and don’t continue using this Website, purchase any Products, engage our Services or access any Experiences unless you have read and agreed to these Terms.

 

 

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products, engagement of those Services or access to those Experiences. However, please note that we may change any part of these terms at any time by updating this page of the Website, so different terms may apply next time you use the Website, purchase Products, engage Services or access Experiences. You can check the date at the top of this page to see when we last updated these terms.

​

 

PART A

FOR WHEN YOU BUY PRODUCTS OR ENGAGE OUR SERVICES…

​

​

1.       SUBMITTING AN ORDER

​

(a) By submitting an Order for the purchase of Products or Services, whether through the Website, in person, by email, through a quote, invoice or proposal, or by any other method we make available (Order), you represent and warrant that: 

​

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

​

(ii) you are authorised to use the payment method you provide or select in connection with your Order.

​

(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms, including Part C, where we will provide you with the Products or Services you have Ordered in exchange for your payment of the total amount listed at checkout, in the relevant quote, invoice, proposal or as otherwise agreed with us in writing.

​

(c) Part A of these terms is not agreed between you and us until we have accepted your Order, approved your payment where payment is required upfront, and confirmed that your Order is being processed.

​

​

2. PRODUCTS, SERVICES AND AUGMENTED REALITY EXPERIENCES

​

2.1      THIRD PARTY TECHNOLOGY PROVIDERS

​

(a)      We disclose and you acknowledge that our Products and Services may connect with or rely on third-party platforms, software, applications,                    hosting services, augmented reality tools, WebAR tools, image tracking tools, QR code technology, app-based tools, App Clips or other                          interactive technologies, including Zappar, Mattercraft or any other provider we use from time to time (AR Technology Providers), to create, host,            deliver or support an Experience.

​

(b)      You agree to comply with any applicable third-party terms and conditions of the relevant AR Technology Providers, including Zappar’s terms                  available at https://www.zappar.com/terms/ where Zappar is used, and any other third-party terms notified or made available to you from time to            time, as Third Party Terms in accordance with clause 13.

​

(c) You acknowledge and agree that:

​

(i) the Experience may rely on the products, services, software, hosting, systems and infrastructure of AR Technology Providers;

​

(ii) AR Technology Providers are separate entities from B Animated. The use of B Animated branding, your branding or white-label presentation within an Experience does not mean that the AR Technology Provider is owned, operated by, affiliated with or legally part of B Animated;

​

(iii) B Animated does not guarantee that an Experience will be free from errors, defects, interruptions or downtime, or that it will be accessible at all times or compatible with every device, browser, operating system or network;

​

(iv) B Animated may update, replace or change the AR Technology Providers used to deliver an Experience from time to time; and

​

(v) to the maximum extent permitted by law, you release B Animated from liability in relation to an Experience to the extent that any errors, defects, downtime, loss of access or other failures arise from third-party technology, third-party services, device compatibility, browser settings, permission settings, internet connectivity or matters outside B Animated’s reasonable control.

​

​​

2.2 AR DELIVERY METHODS AND DEVICE REQUIREMENTS

​

(a) Experiences may be accessed or delivered using QR codes, image tracking, browser-based WebAR, downloadable applications, App Clips or other current or future technologies.

​

(b) To access an Experience, you may need a compatible device, internet connection, up-to-date browser or operating system, and permission settings that allow access to features such as your camera, browser, motion sensors, storage, audio or other device functionality.

​

(c) If you do not enable required permissions, use an unsupported device or browser, have restrictive privacy or security settings, use outdated software, or do not have a reliable internet connection, the Experience may not function correctly. This does not necessarily mean that the Product or Service is faulty.

​

(d) We take reasonable steps to ensure that Experiences provided by us do not intentionally introduce viruses, malicious code or harmful content to your device. However, because Experiences may rely on third-party platforms, internet connections, browsers, device settings and operating systems, we cannot guarantee that access will be uninterrupted, error-free or compatible with every device.

​

(e) You acknowledge that updates to third-party platforms, browsers, operating systems, devices or AR Technology Providers may affect how an Experience appears, performs or is accessed over time.

​

2.3 ACCESS LIMITS, SCAN LIMITS AND EXPIRY PERIODS

​

(a) Experiences may be subject to access limits, scan limits, view limits, download limits, usage limits, hosting limits, expiry periods or other restrictions (Access Limits).

​

(b) Access Limits may differ depending on the Product or Service and will be as stated on the relevant product listing, Order, quote, invoice, proposal or other written communication from us.

​

(c) Where an access period or usage limit applies, the Experience may become unavailable once that period expires or the relevant limit is reached.

​

(d) Unless otherwise stated, any expiry period or access period begins from the first scan, activation or first use of the relevant Product or Experience.

​

(e) We may provide information about applicable Access Limits, including scan allowances and access periods, in the relevant product description,

​

Order confirmation, quote, invoice, proposal or other communication.

​

(f) If you would like to extend an Access Limit, scan allowance, hosting period or expiry period, please contact us. We may offer an extension at an additional cost, at our discretion.

​

(g) You should review the applicable Access Limits before purchasing a Product or engaging Services. By placing an Order, you acknowledge that the relevant Access Limits form part of the Product or Service description.

​

2.4 YOUR CONTENT

​

(a) An Experience, Product or Service may be based on or incorporate photos, videos, audio, text, names, likenesses, branding, trade marks, artwork, messages or other content provided to B Animated by you or on your behalf (Your Content).

​

(b) You are responsible for ensuring that Your Content, and any instructions or claims you ask us to include in a Product, Service or Experience, are accurate, lawful and do not infringe any third-party rights, including copyright, trade mark, privacy, confidentiality, moral rights or consumer law rights.

(c) You grant to B Animated a non-exclusive, royalty-free, worldwide licence, including the right to sublicense to our third-party suppliers, to use, reproduce, adapt, modify, publish, communicate, host and otherwise deal with Your Content to the extent reasonably required for B Animated and its third-party suppliers to provide the relevant Products, Services or Experiences to you.

(d) You warrant that you have all rights, permissions and consents required for us and our suppliers to use Your Content for the purposes of providing the relevant Products, Services or Experiences, including consent from any person shown, named or identified in Your Content.

(e) If Your Content includes a person under 18 years of age, you warrant that you have obtained the consent of that person’s parent or guardian.

(f) You must not provide us with any content that is unlawful, offensive, defamatory, misleading, infringing, confidential, harmful or otherwise inappropriate.

(g) We may refuse to use, remove or disable access to any Your Content if we reasonably consider that it breaches these terms or may expose B Animated to legal, reputational or operational risk.

(h) B Animated will not use your photos or videos for any purpose other than providing the relevant Products, Services or Experiences to you, unless you give us permission or we are otherwise permitted or required by law.

(i) Any personal information that is contained within Your Content will be dealt with in accordance with our Privacy Policy, accessible here: [insert link]

2.5 DISCLAIMER

(a) If B Animated agrees to incorporate Your Content into a Product, Service or Experience, B Animated does not guarantee a complete likeness, colour match, layout match, animation match or performance outcome between Your Content and the final Product, Service or Experience. B Animated may make reasonable adjustments to how Your Content is incorporated for technical, creative, formatting, manufacturing, compatibility or quality-control reasons.

(b) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

2.6 JEWELLERY, MATERIALS AND THIRD-PARTY MANUFACTURING

(a) Some Products, including jewellery, may be manufactured, assembled or supplied by third-party manufacturers or suppliers.

(b) We take reasonable steps to source materials and suppliers that are suitable for the intended use of the Products. However, unless expressly stated in the relevant product description or confirmed by us in writing, we do not guarantee the precise composition, origin or characteristics of third-party supplied materials.

(c) Jewellery and wearable Products may not be suitable for all users, including users with allergies, sensitivities or skin conditions. You are responsible for checking product descriptions, care instructions and suitability before use.

(d) If irritation, discomfort or an adverse reaction occurs, you should stop using the Product immediately.

(e) Nothing in this clause limits any rights you may have under the Australian Consumer Law.

2.7 TITLE AND RISK

(a) Until the price of your Products is paid in full, title in those Products is retained by B Animated. Risk in the Products will pass to you on delivery in accordance with clause 4. You must not unreasonably refuse delivery.

(b) For in-person purchases, risk in the Products passes to you when the Products are provided to you at the point of sale.

2.8 FEEDBACK

We value your feedback on the Products we provide you, and would encourage you to get in touch with us here: [insert]

3. PAYMENT

(a) All prices are:

(i) per unit (except where indicated);

(ii) in Australian Dollars; and

(iii) subject to change prior to you completing an Order without notice.

(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products or Services at the time of placing an Order.

(c) (GST) Unless otherwise indicated, prices displayed to consumers are exclusive of GST. If GST is payable on any taxable supply, we will provide a tax invoice where required by law.

(d) (Card surcharges) B Animated reserves the right to charge credit card or payment surcharges where permitted by law, provided that any surcharge will not exceed our cost of acceptance for that payment method.

(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products or Services. The processing of payments by the Payment Provider will, in addition to these terms, be subject to the terms, conditions and privacy policies of the Payment Provider. To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not liable for the security or performance of a Payment Provider where the issue is outside our reasonable control. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

4. DELIVERY AND SHIPPING

(a) This clause 4 applies to physical Products that require delivery or shipping.

(b) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(c) (Delivery Details) B Animated may charge you for delivery where the delivery cost is disclosed before you complete your Order or is otherwise agreed with you. Where prices are stated as inclusive of delivery:

(i) delivery is to the delivery point specifically accepted by B Animated; and

(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of late deliveries to the extent the delay is caused by postal delays, courier issues or matters outside our reasonable control, subject to any rights you may have under the Australian Consumer Law.

(e) (International Orders) B Animated reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Order being held at customs. We will not be liable for any costs you may incur in having your Order released from customs, including reimbursing you for any customs or import duties you may pay.

5. CHANGES TO YOUR ORDER

5.1 CANCELLATION BY US

5.2 We may cancel your Order where we reasonably need to do so, including where a Product or Service is unavailable, there has been a pricing or description error, we are unable to process payment, delivery is not available to your location, we reasonably suspect fraud or misuse, or we are unable to fulfil the Order for reasons outside our reasonable control. We will notify you as soon as reasonably practicable. Where payment has already been debited, the amount paid for the cancelled Order will be credited back to your original method of payment, unless otherwise agreed or required by law.

5.3 CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you, unless we agree otherwise. Once we confirm your Order, your Order is binding and cannot be changed by you, particularly where the Order involves personalised Products, custom Products, made-to-order Products, digital content, Experiences or Services. However, our refunds and exchanges process in clause 5.4 and your rights under the Australian Consumer Law may apply.

5.4 RETURNS AND EXCHANGES

(a) We do not offer change of mind returns.

(b) For clarity, issues accessing an Experience caused by your device, browser, operating system, internet connection, disabled permissions, privacy or security settings, third-party platform outages or unsupported technology will not, by themselves, mean that a Product is faulty.

(c) We will provide a full refund of the price paid for a Product if we determine that:

(i) a Product you have ordered was not received by you solely due to failure by us;

(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website, subject to reasonable variation as a result of screen display, colour and brightness, and image quality; or or

(iii) a Product is faulty, in accordance with clause 5.4(d).

(d) (Faulty products) The following process applies to any Product you believe to be faulty.

(i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories shipped with the Product. We reserve the right to further inspection before deeming a Product faulty. If the Product is confirmed to be faulty and you are entitled to a remedy under the Australian Consumer Law, we will reimburse reasonable return shipping costs where required by law.

(iii) If we determine in our reasonable opinion, after assessment, that the Product is not faulty, or that the issue was caused by fair wear and tear, misuse, failure to use the Product or Experience in accordance with instructions, failure to enable required device or browser permissions, incompatible technology, or failure to take reasonable care, we may refuse your return and send the Product back to you at your cost, subject to your rights under the Australian Consumer Law.

(iv) If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(v) If you do not comply with the process in this clause 5 in respect of a faulty Product, this may affect our ability to assess your claim. However, nothing in this clause limits any rights you may have under the Australian Consumer Law.

(vi) Nothing in this clause 5 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

6. INTELLECTUAL PROPERTY

(a) B Animated retains all intellectual property rights in its Products, designs, illustrations, animations, AR assets, digital content, artwork, product concepts, labelling, packaging, Website content, templates, processes, know-how and other creative materials, except to the extent those rights are owned by a third party or expressly assigned in writing. You must not copy, reproduce, manufacture, adapt, reverse engineer, commercialise or otherwise exploit the Products, Services, Experiences or any related content without our prior written consent.

(b) In these terms, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

7. THIRD PARTY SUPPLIERS

(a) We may do any of the following:

(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or

(ii) procure materials and Products from third party suppliers;

without further notice to or permission from you.

(b) To the maximum extent permitted by law, and subject to your rights under the ACL, we will not be liable for acts or omissions of third parties where those acts or omissions are outside our reasonable control.

8. SERVICES AND B2B ARRANGEMENTS

(a) Where we agree to provide Services to you, the scope, fees, deliverables, timeframes, access limits, usage rights and any assumptions will be set out in the relevant quote, invoice, proposal or other written agreement.

(b) Any delivery dates or timeframes for Services are estimates only unless expressly agreed otherwise in writing and may be affected by delays in receiving required content, information, feedback or approvals from you.

(c) You must provide all content, information, approvals, branding materials and instructions reasonably required for us to provide the Services. We are not responsible for delays, additional costs or issues caused by incomplete, inaccurate or late information from you.

(d) Unless otherwise agreed in writing, we retain ownership of our pre-existing intellectual property, templates, processes, know-how, software configurations, AR assets and general design concepts.

(e) Subject to your payment in full and compliance with these terms, we grant you a licence to use the final deliverables for the agreed purpose set out in the relevant quote, invoice, proposal or written agreement.

(f) You acknowledge that some Services may rely on third-party platforms, software, hosting, AR Technology Providers or other suppliers, and those third-party terms may apply.

(g) Wholesale, stockist, reseller or trade supply arrangements are subject to separate written terms agreed with us. To the extent of any inconsistency, those separate written terms will prevail.

(h) Any changes to the agreed scope, deliverables, timeframes, access limits or assumptions may be treated as a variation and may be subject to additional fees, as notified by us.

PART B

FOR WHEN YOU BROWSE THIS WEBSITE…

9. ACCESS AND USE OF THE WEBSITE

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

10. YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of B Animated;

(b) use the Website for any purpose other than browsing, selecting or purchasing Products, engaging Services, accessing Experiences or otherwise interacting with B Animated in the manner intended by us; ;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of B Animated, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

11. INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

12. INTELLECTUAL PROPERTY

(a) B Animated retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from B Animated or as permitted by law.

13. THIRD PARTY TERMS AND CONDITIONS

(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.

(b) You agree to comply with any Third Party Terms applicable to third-party goods or services you use in connection with our Products, Services, Experiences or Website. To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not liable for loss or damage arising from third-party goods or services where the issue is outside our reasonable control..

14. LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

15. THIRD PARTY PLATFORM

(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b) To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, we will not be liable for acts or omissions of our third-party platform provider where the issue is outside our reasonable control, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

16. SECURITY

B Animated does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website or Experiences, except to the extent caused by B Animated’s breach of law, negligence or wilful misconduct. You should take your own precautions to ensure that the process you use for accessing the Website or Experiences does not expose you to risk of viruses, malicious computer code or other forms of interference.

17. REPORTING MISUSE

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

 

 

PART C

LIABILITY AND OTHER LEGAL TERMS…

18. LIABILITY

(a) Nothing in these terms limits, excludes or modifies any rights you have under the Australian Consumer Law (ACL), including consumer guarantees that cannot lawfully be excluded. Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(b) To the maximum extent permitted by applicable law, and subject to any rights you may have under the Australian Consumer Law, B Animated limits all liability to any person for loss or damage of any kind arising from or relating in any way to the Website, these terms, Products, Services or Experiences to the total amount paid by you to B Animated for the relevant Products, Services or Experiences giving rise to the liability. This limitation does not apply to liability that cannot lawfully be limited, including liability arising from fraud, wilful misconduct or any non-excludable rights under the Australian Consumer Law.

(c) If Products are lost or damaged in transit, please contact us as soon as possible so we can assist with resolving the issue with the relevant delivery provider. Nothing in this clause limits any rights you may have under the Australian Consumer Law.

(d) Some Products may come with a manufacturer’s warranty in addition to any rights you may have under the Australian Consumer Law. To the maximum extent permitted by law, all other warranties, representations and guarantees are excluded, except for any rights that cannot lawfully be excluded.

(e) (Indemnity) You indemnify B Animated and its employees and agents against loss, damage or injury suffered or incurred arising from your or your representatives’ breach of these terms, unlawful conduct, negligence, misuse of the Website, Products, Services or Experiences, or infringement of any third-party rights, except to the extent the loss, damage or injury was caused or contributed to by B Animated.

(f) (Consequential loss) To the maximum extent permitted by law, and subject to any rights you may have under the Australian Consumer Law, under no circumstances will B Animated be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these terms, Products, Services or Experiences.

(g) If any term of these terms would otherwise be unfair, void or unenforceable under applicable law, including the Australian Consumer Law, that term is to be read down to the minimum extent necessary to make it valid and enforceable. If it cannot be read down, it will be severed without affecting the remainder of these terms.

19. GENERAL

19.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

19.4 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.

 

19.5 ASSIGNMENT

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

19.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

19.7 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 these terms.

19.8 INTERPRETATION

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

(b) (currency) a reference to $ or "dollar" is to Australian currency;

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

(d) (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;

(e) (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;

(f) (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;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

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

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

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

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

20. NOTICES

​

(a) A notice or other communication to a party under this agreement must be:

​

(i) in writing and in English; and

​

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, 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.

​

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

​

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

​

(ii) when replied to by the other party,

whichever is earlier.