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Terms & Conditions

INTERNATIONAL TRAVEL CONSULTANTS – TRAVEL AGENT TERMS AND CONDITIONS

These terms and conditions (Terms) set out the terms under which you (the Client, you or yours) make travel bookings with us and receive other services from International Travel Consultants Pty Ltd ABN 87 618 485 457 of 11/10 Docker Street Elwood VIC 3184 (International Travel Consultants, ITC, we, us or our).

These terms were last updated on 29 January 2025.

 

INDONESIAN LAWS

Please be aware that if the Services involve you travelling to Indonesia, Indonesian laws will apply to you while you’re there.

You should familiarise yourself with local laws before visiting Indonesia, and you can read more about these here:
https://www.smartraveller.gov.au/destinations/asia/indonesia

Note that penalties for drug offences can be severe in Indonesia, including the death penalty. You may face heavy fines or jail for possessing even small amounts of drugs, including marijuana.

  1. THESE TERMS, BOOKING FORMS
    1. THESE TERMS
      1. These Terms apply to bookings you make with us on the phone, via WhatsApp, email or on our websites located at https://staging.balifamilyvillas.com/  or https://www.baliretreatvillas.com (Website). The Terms also apply when you order or purchase services from us, including booking agent services and similar services, via the Website (Services).
      2. You will be taken to have accepted these Terms if you:
        1. click a tick-box indicating that you agree to them;
        2. sign the Terms, or a Booking Form (defined in clause 2 below) attached to the Terms; or
        3. submit a Booking Form / Confirm via email or otherwise order, receive or pay for Services from ITC after receiving or becoming aware of these Terms; or
        4. otherwise indicate your agreement to the Terms.
    2. BOOKING FORMS
      1. These Terms will apply to all the Client’s dealings with ITC, including being incorporated in all agreements, quotations, orders and reservation requests under which ITC is to provide Services to the Client, including via email correspondence (each referred to a Booking Form) together with any additional terms included in such Booking Form (provided such additional terms are recorded in writing).
      2. In the event of any inconsistency between these Terms and any Booking Form, these Terms will prevail to the extent of such inconsistency.
      3. If you have selected a Service on the Website (including the Service of booking accommodation on your behalf), you will be prompted to submit a Booking Form / Confirm via email request for invoice.
      4. For purchase of the relevant Service using the Website’s functionality. In doing so, you represent and warrant that:
        1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
        2. you are authorised to use any debit or credit card you provide with your Booking Form.
      5. Submitting a Booking Form constitutes your intention and offer to enter into these Terms where we will provide you with the Service(s) in your Booking Form in exchange for your payment of the total amount listed upon checkout.
      6. These Terms and the Booking Form are not agreed between you and us until we have approved the payment of the amount payable up front (as specified in your Booking Form) and you receive an email from our Payment Provider or us confirming that your payment has been received (Confirmation Email).
      7. Once we have received payment, these Terms, together with your Booking Form, will become legally binding on you.
  2. AGENCY AND THIRD PARTY TERMS
    1. AGENCY
      1. ITC sells various travel related products and services as agent for and on behalf of third-party transport, accommodation, and other service providers (Travel Service Providers). The Travel Service Providers include but are not limited to bus companies and accommodation providers (including villa accommodation), babysitters, nannies, temporary pool fencing providers, tour guides, activities providers, transport providers and providers of toys, baby and child equipment, and bedding.
      2. Our Services are collateral to our agency relationship with the Travel Service Providers. Our obligation to you is to (and you expressly authorise us to) make bookings on your behalf and to arrange the relevant contracts between you and the Travel Service Providers.
      3. You acknowledge and agree that:
        1. our provision of agency services in relation to Travel Service Providers does not imply an endorsement or recommendation of any Travel Service Provider;
        2. we do not comprehensively examine, determine or warrant the competence, solvency or information of Travel Service Providers;
        3. we recommend that you do you own research and investigations into the competence, solvency and information of Travel Service Providers; and
        4. the Travel Service Providers are owned and operated by third parties that are not under our control.
    2. TRAVEL SERVICE PROVIDER T&CS
      1. You acknowledge and agree that we do not provide any travel services ourselves and that the terms and conditions of the Travel Service Providers (including cancellation and no-refund policies) (Travel Service Provider T&Cs) will apply to all bookings you make through us.
      2. Travel Service Providers may change or withdraw their prices without notice prior to you or us purchasing the relevant goods and/or services from them, in which case the applicable price will be the new, updated price.
      3. Where you are entitled to a refund from a Travel Service Provider, we will only credit the refund back to you once we have received it from the relevant Travel Service Provider, and we have no obligation to issue a refund to you on behalf of the Travel Service Provider before this time.
      4. We will not be liable for any loss or damage suffered by you in connection with Travel Service Provider T&Cs, including where any information provided by a Travel Service Provider is incomplete or inaccurate. If, for any reason (excluding fault on our part), any Travel Service Provider is unable to provide the services for which you have contracted with them, your rights are against that provider and not against us.
      5. You release us from any and all liability that may arise in respect of loss, damage or injury suffered by you in connection with any Travel Service Provider, except to the extent such liability cannot be excluded by law.
      6. You acknowledge and agree that if you wish to cancel a booking with a Travel Service Provider, then in addition to the applicable change or cancellation fees set out in clause 6, any change and cancellation fees charged by the relevant Travel Service Provider will also apply, which can be up to 100% of the cost of a booking. You agree to indemnify ITC in relation to any Travel Service Provider fees that may arise in connection with you changing or cancelling a booking with a Travel Service Provider, except to the extent any such fees arose because of a breach by us of these Terms.
      7. You must take all reasonable steps to seek out and familiarise yourself with any Travel Service Provider T&Cs that are applicable to your Booking Form. We will take all reasonable steps to provide you with PDF copies of, or URL links to, any Travel Service Provider T&Cs that will apply to you.
  3. FEES, PAYMENTS AND TAXES
    1. FEES
      1. You must pay to ITC fees in the amounts and at the times set out in the Booking Form (Fees).
    2. LATE PAYMENT
      1. You acknowledge and agree that unless you comply with clause 0 above, you may lose your booking, including any deposits already paid, and/or your booking may be subject to price increases and additional costs.
      2. ITC reserves the right to suspend its Services until any Fees owed by the Client are paid in full.
    3. DEPOSITS AND BOOKINGS
      1. Each Booking Form / Email Reservation Confirmation will contain:
        1. an “Arrival Date”, being the date of the first night of the accommodation booking that’s the subject of the relevant Booking Form or, if the Booking Form doesn’t include accommodation, the first date a service in the relevant Booking Form will be provided and
        2. a “Booking Request Date”, being the date you submit your Booking Form / Received your invoice.
      2. Unless otherwise specified in your invoice or a Booking Form:
        1. for a Booking Form where the Arrival Date is more than 75 days after the Booking Request Date, you must pay either A & B or C & D as listed in the booking form/ reservation confirmation:
          1. A. 20% of the Fee within three (3) Business Days of the Booking Request Date (as a deposit); and
            B. 80% of the Fee on or before the date 75 days before the Arrival Date.OR

          2. C. 50% of the Fee within three (3) Business Days of the Booking Request Date (as a deposit); and
            D. 50% of the Fee on or before the date 60 days before the Arrival Date.

        2. For a Booking Form where the Arrival Date is less than 75 days after the Booking Request Date, you must pay 100% of the Fee within three (3) Business Days of the Booking Request Date.
        3. Deposit and Balance terms are subject to change between properties and will be outlined on the booking form / reservation confirmation.
      3. All deposits are non-refundable for change of mind or cancellation (without limiting any protections the Client has under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL)).
    4. OTHER EXPENSES
      1. The Client will be responsible for paying all relevant expenses that ITC incurs in connection with providing the Services (Expenses), and none of these Expenses are included in the Fees, unless they are specifically set out in the Booking Form.
    5. INVOICES
      1. if ITC issues an invoice to you for any Fees, payment must be made by the time(s) specified on such invoice; and
      2. in all other circumstances, you must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.
    6. PAYMENT METHOD
      1. You must pay the Fees using the payment method set out in your Booking Form. As at the date of these Terms, ITC accepts payment of Fees via a credit card, direct debit, Electronic Funds Transfer or Travel Pay.
    7. CARD SURCHARGES
      1. 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), in the amounts specified in your Booking Form, on our Website, or in Travel Pay’s terms and conditions, available here: https://travelpay.com.au/travelpay-public-webpay-terms-conditions/
    8. PAYMENT PROVIDER
      1. We may use a third-party payment provider, currently Travel Pay, (Payment Provider) to collect payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Any payments you make via our Payment Provider will incur a surcharge which will be updated by the Payment Provider from time to time. Travel Pay’s terms and conditions are available here: https://travelpay.com.au/travelpay-public-webpay-terms-conditions/
    9. GST
      1. Unless otherwise indicated, amounts stated on the Website or in a Booking Form do not include GST. In relation to any GST payable for a taxable supply by ITC, the Client must pay the GST subject to ITC providing a tax invoice.
    10. OTHER TAXES
      1. Local travel taxes and charges may apply in various overseas countries.
      2. Unless specifically included in a Booking Form, these taxes are not included as part of the Fees, and these amounts will be payable by you.
      3. Taxes and duties can change without notice to you and may need to be paid in local currency at the time of departure or arrival.
  4. CLIENT OBLIGATIONS
    1. TRAVEL INFORMATION
      1. Prior to making a booking with us, we strongly encourage you to contact the Department of Foreign Affairs and Trade (DFAT) or visit their website to obtain information and advice about the destination you intend to travel to and make an assessment of the suitability of such a destination
      2. You must tell us on or prior to your Arrival Date if you have any special travel requirements, such as dietary preferences. We can submit such requests for you, however we cannot guarantee the Travel Service Providers’ compliance with these requests.
    2. PASSPORT AND VISA
      1. You must have a valid passport, and if applicable, a valid visa, or other travel permit, for international travel
      2. You acknowledge and agree that:
        1. it is solely your responsibility to ensure that you have a passport and/or visa that complies with any entry and exit requirements of the countries you intend to travel to
        2. you must advise us at the time of submitting your Booking Form if you do not have a valid passport, visa or other travel permit for the destination you intend to travel to;
        3. any information we provide to you regarding passport and/or visa requirements is general in nature and should not be relied upon as professional advice; and
        4. ITC will not be liable to you for any losses that you incur in connection with any issues with your passport and/or visa, including but not limited to fines, penalties, ticket cancellations or denied entry into a country.
    3. INSURANCE
      1. You acknowledge and agree that travel insurance is a mandatory element of some travel arrangements, including if you travel to Indonesia.
      2. If you will travel to Indonesia in connection with the Services, or any other country for which travel insurance is mandatory you must ensure that you have a travel insurance policy in place which covers all the regions you will visit as part of your trip, and activities and Services you will participate in, and which covers you for any cancellations, medical and repatriation expenses, contracting any illness, including COVID-19, personal injury and accident, death and loss of personal baggage or money, and personal liability (Insurance Coverage).
      3. It is your responsibility to ensure that:
        1. any destination country you visit in connection with the Services (Destination Country) is appropriate and safe to visit;
        2. you regularly check and familiarise yourself with the travel advice for any Destination Country on the Smart Traveller website, including the relevant Smart Traveller advice level specified for your Destination Country from time to time (Advice Level). The Smart Traveller advice levels are explained here: https://www.smartraveller.gov.au/consular-services/travel-advice-explained
        3. your Destination Country is not the subject of a ‘Do Not Travel’ Advice Level;
        4. your Insurance Coverage applies to you and any Destination Country at all times during any trip you take in connection with the Services. You acknowledge and agree that your Insurance Coverage may be affected by a changing Advice Level.
      4. If you won’t travel to Indonesia or any other country for which travel insurance is mandatory in connection with the Services, we nevertheless strongly encourage you to take out adequate travel insurance with the Insurance Coverage.
      5. It is solely your responsibility to obtain any insurance that will cover your travels.
      6. Unless otherwise agreed in writing, our Services don’t include assistance with your insurance policies. If you request assistance from us in relation to insurance, we can only make suggestions based on general industry knowledge and are not responsible for guest travel insurance policies or required travel documents and visas to enter Indonesia.
    4. HEALTH
      1. You acknowledge and agree that:
        1. it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination; and
        2. you might be denied entry to some countries if you do not present certain health-related documentation (such as proof of vaccinations).
      2. Prior to booking travel to an overseas destination, we strongly encourage you to consult the DFAT website for health-related information and to see your general practitioner for any required vaccinations and other recommended health treatments.
    5. TRAVEL DOCUMENTS
      1. Travel documents are issued by Travel Service Providers or ITC to confirm your travel arrangements with Travel Service Providers and they entitle you to the products or services that Travel Service Providers contracted to provide to you. Such documents include but are not limited to the following: coach or bus tickets, accommodation vouchers, tour vouchers or any other document (whether in electronic form or otherwise) (Travel Documents).
      2. Travel Documents are subject to the relevant Travel Service Provider T&Cs, such as change or cancellation fees and non-refund policies. It is your responsibility to check the Travel Service Provider T&Cs applicable to your Travel Documents.
      3. You acknowledge and agree that:
        1. Travel Documents must be issued in the name of the passport or other identity documentation holder;
        2. Travel Documents may not be able to be transferred to another person for use;
        3. you must provide us with the correct name and other Travel Document information (as requested by us or a Travel Service Provider) at the time of booking, as otherwise you may be unable to use your Travel Documents or your booking might be cancelled;
        4. you must review your Travel Documents upon receipt and notify us immediately if you discover any errors, including in the destinations, names, dates or timing; and
        5. if you have made a booking via our Website, you must print out the Travel Documents in electronic form and retain them until you arrive at your destination.
  5. PRICING
      1. The price of a service is that stated on the Website or quoted to you by one of our consultants at the time of booking.
      2. You acknowledge and agree that:
        1. the prices are set by Travel Service Providers and subject to availability, and they change based on factors such as currency fluctuations, exchange rates, fuel price and tax variations. Currency fluctuations and exchange rates are particularly relevant, as Travel Service Providers generally price their products and services in USD, and we generally convert these amounts and quote prices to you in AUD, based on the currency values and exchange rate at the time of payment;
        2. if a price we provide to you is in any currency other than AUD, then when the referable amount is charged to you in AUD, we will apply the relevant exchange rate (in our discretion, acting reasonably) between those two currencies at the time the payment is due. We do our best to get you a competitive exchange rate;
        3. we may provide you with an AUD estimate in a quote, based on the exchange rate at the time the quote is provided. These amounts are estimates only, and the amount payable by you will be based on the relevant exchange rate(s) at the time the relevant payment is due. If exchange rates or currency values fluctuate since the date the quote is provided, the amount due could differ significantly from our original AUD estimate;
        4. we may vary or withdraw a price at any time without prior notice to you;
        5. prices quoted are based on the information which you submit to us, and we may vary the prices if that information is incorrect or incomplete; and
        6. the price we quote to you is only guaranteed once you pay for a booking in full and you receive a Confirmation Email in relation to that booking in accordance with clause 2(e).
      3. In the event that we discover an error or inaccuracy in the price in an accepted Booking Form, including because of an error in a currency conversion or exchange rate, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Booking Form at the correct price or cancelling your Booking Form. If you choose to cancel your Booking Form and payment has already been debited, the full amount will be credited back to your original method of payment.
  6. DESCRIPTIONS AND RATINGS
    1. The descriptions, assessments and/or ratings of Travel Service Providers’ goods and services, including accommodation, and surrounding locations that ITC publishes (including on its Website) or gives to the Client, are provided in good faith and in the belief that they are reasonably accurate based on the latest information received. However, ITC cannot be held responsible for any small inaccuracies, and these descriptions and ratings are subject to last minute changes and updates by third parties. Where ITC publishes or refers to descriptions, assessments and/or ratings either by ITC or by third parties, these are for general information purposes only, they are not customised for the Client’s needs, and they should not be relied upon as such. The Client should do its own investigations into the travel destinations they intend to visit.
  7. CHANGES AND CANCELLATION FEES CHARGED BY ITC
      1. You must pay ITC additional fees for changes requested by you to accepted Booking Forms, including any changes of names, dates, or destinations (Changes) or for cancellations of any services in a Booking Form (Cancellations).
      2. Changes and Cancellations will be charged on a time and materials basis.
      3. Travel Service Providers may impose additional fees in relation to any Changes or Cancellations, and these amounts are also payable by you.
      4. We do not offer refunds for change of mind.
      5. Any Cancellation request you make will be subject to the relevant Travel Service Provider T&Cs, including the relevant Travel Service Provider’s Covid Policy, Cancellation Policy, Credit Note Terms and their other terms and policies.
      6. Subject to clause 7(e), your Cancellation request may entitle you to a credit note in respect of the Fees you have paid, or the relevant Travel Service Provider may otherwise decide to provide you with one.
      7. Generally, without limiting any other parts of clause 7, a provision of a credit note to you will conditional upon;
        1. you notifying us that you want to Cancel your Booking Form;
        2. your Cancellation being reasonably necessary (in ITC’s reasonable discretion);
        3. the relevant Travel Service Provider T&Cs;
      8. If you are granted a credit note in respect of Fees paid under clause 7(e), we will notify the relevant Travel Service Provider to hold the Fees on credit for you. You acknowledge and agree that where a credit note is provided, it will be subject to an expiry date.
      9. Credit notes provided by Travel Service Providers will be subject to the relevant Travel Service Provider T&Cs, which will generally contain limitations such as:
        1. the credit only being able to be applied to the same goods and/or services that were set out in the original accepted Booking Form;
        2. the credit expiring after a certain period, for example on the date one (1) year after the original Booking Form’s Arrival Date;
        3. if the credit is applied to a new booking:
          1. and there is credit remaining, this amount not being refunded to you;
          2. and there is a shortfall of the amount necessary to rebook the goods and/or services, then you being responsible for paying the shortfall, on receipt of an invoice from ITC;
        4. any promotions, rates or other inclusions, including under any Travel Service Provider T&Cs, being applicable or non-applicable as at the date of rebooking, not the original Booking Request Date; and
        5. ITC requiring evidence that you are entitled to a credit note under the relevant Travel Service Provider T&Cs, including:
        6. a medical certificate; or
        7. evidence of other proposed reasons.
      10. Without limiting any other parts of clause 7, if you notify us that you want to Cancel your Booking Form, and the relevant Travel Service Provider T&Cs do not entitle you to a credit note, or another remedy, then we will provide you paperwork that will hopefully assist you to lodge a claim under your Insurance Coverage, but we will not provide you with any refund for change of mind or credit.
      11. In most booking forms any cancellation or change is non refundable. The villa owner and agents will not be able to recover a loss and cannot substitute the role of an insurance company. Loss of funds due to Illness or cancellation for personal unexpected reasons can only be compensated by your own travel insurance policy. We strongly advise you to take out travel and cancellation insurance.
  8. REFUNDS
    1. Where booking was made directly through ITC and are entitled to a refund from the Travel Service Provider, we will try to assist you in the recovery process of a refund. Your entitlement to a refund will depend on the relevant Travel Service Provider T&Cs. We will not credit the refund back to you, until we have received it from the relevant Travel Service Provider (if applicable), which may take in excess of eight weeks. We reserve the right to deduct any fees due to us from the relevant refund prior to crediting it back to you, including any fees charged in relation to the transfer of the refund back to you, such as international bank transfer fees, and any Change or Cancellation fees owed to us by you in accordance with clause 7. We will credit any amount due to you as a refund back to your original method of payment.
  9. SUBCONTRACTORS
    1. We may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.
  10. WARRANTIES
      1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
      2. 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.
  11. LIMITATION OF LIABILITY
      1. (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of ITC to the Client in respect of loss or damage sustained by the Client under or in connection with these Terms, the Services or any Travel Service Provider is limited to the total Fees paid to ITC by the Client in the 6 months preceding the first event giving rise to the relevant liability.
      2. (Indemnity) The Client agrees at all times to indemnify and hold harmless ITC and its officers, employees, agents and contractors (“those indemnified“) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the Client or the Client’s officers’, employees’, agents’ or contractors’:
        1. breach of any term of this agreement; or
        2. negligent, fraudulent or criminal act or omission.
      3. (Consequential loss) ITC will not 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 this agreement or any goods or services provided by ITC, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
  12. 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.
  13. FORCE MAJEURE
      1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
        1. reasonable details of the Force Majeure Event; and
        2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
      2. Subject to compliance with clause 13(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
      3. The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
      4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:
        1. act of God, lightning strike, meteor strike, earthquake, volcano eruption, storm, flood, landslide, explosion or fire;
        2. strikes or other industrial action outside of the control of the Affected Party;
        3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
        4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
  14. NOTICES
      1. A notice or other communication to a party under these Terms must be:
        1. in writing and in English; and
        2. delivered via email to the other party, to the email address specified in the Booking Form or on the Website, or if no email address is specified, then the email address most regularly used by the parties to correspond regarding the subject matter of these Terms as at the date of the Booking Form (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:
        1. 24 hours after the email was sent; or
        2. when replied to by the other party, whichever is earlier.
  15. GENERAL
    1. GOVERNING LAW
      1. This agreement is governed by the law applying in New South Wales, Australia.
    2. JURISDICTION
      1. 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.
    3. BUSINESS DAYS
      1. If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise. For the purposes of these Terms, ”Business Day” a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Sydney, New South Wales.
    4. ASSIGNMENT
      1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
    5. JOINT AND SEVERAL LIABILITY
      1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
    6. AMENDMENTS
      1. This agreement may only be amended by a document signed by each party.
    7. WAIVER
      1. 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.
    8. FURTHER ACTS AND DOCUMENTS
      1. Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this agreement.
    9. ENTIRE AGREEMENT
      1. 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.
    10. INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (currency) a reference to $; or “dollar” is to Australian currency, unless otherwise specified;
      3. (gender) words indicating a gender includes the corresponding words of any other gender;
      4. (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
      5. (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;
      6. (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;
      7. (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;
      8. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
      9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      11. (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.

 

 

 

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