Terms and Conditions of Sale
These terms apply to the ordering, purchase and delivery or collection of Goods ordered from the Website, and form a contract between you as Buyer and Queensland The Beach Pty Ltd A.C.N. 143 483 765 t/as The Beach Furniture (The Beach Furniture) (Terms). These terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.
1 Definitions and interpretation
Business Day means a day on which banks open for trading in Queensland excluding Saturdays, Sundays and public holidays;
Buyer means you as the purchaser of Goods from The Beach Furniture pursuant to these Terms;
Delivery Address means the address to which the Goods are to be delivered as stated on the Order form on the Website or otherwise agreed in writing.
Delivery Agent means The Beach Furniture or any nominated third party delivery or shipping company engaged by The Beach Furniture (as the case may be).
Goods means the items offered for sale on the Website;
Order means a request by the Buyer to purchase Goods from The Beach Furniture under these Terms through the Website;
Personal Information has the meaning given in the Privacy Act 1988 (Cth);
Price means the purchase price of each Good as specified on the Website;
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to the Buyer’s Order.
Website: means the website available from https://thebeachfurniture.com.au/
Website Terms means the terms governing your use of the Website in addition to these Terms. View the Website Terms at: https://thebeachfurniture.com.au/
2 Terms of sale
The Goods are sold by The Beach Furniture on these Terms. The Buyer will be bound by these Terms each time it submits an Order. Each Order the Buyer places will be a separate contract between the Buyer and The Beach Furniture for the supply of Goods.
3 Placing Orders for Goods
- The Buyer agrees that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
- The Beach Furniture will not be liable to the Buyer for loss the Buyer or any third party suffers for a delay or failure to process the Order or deliver Ordered Goods due to inaccurate or incomplete details provided in an Order.
- The Buyer agrees to obtain consent to provide The Beach Furniture with Personal Information of recipients of gifts or Goods Ordered by the Buyer.
- The Buyer may order from The Beach Furniture if the Buyer is aged 18 years or over and has an active email account and a telephone number at which the Buyer can be contacted.
- In completing the electronic Order form, the Buyer agrees to provide complete and accurate information as to the Buyer’s personal details (or those of the Buyer’s nominated recipient for gifts) to enable the processing and delivery (if applicable) of the Buyer’s Order. This information may also be used by the Delivery Agent to fulfil your Order. Without limitation, if the Buyer provides inaccurate shipping details in an Order, The Beach Furniture is under no obligation to resend the Order if it is shipped to the address provided in the Order and not subsequently returned to The Beach Furniture.
- The Beach Furniture reserves the right to accept or decline, in whole or in part, any Order for Goods placed by the Buyer.
- If the Buyer places consecutive or separate Orders, The Beach Furniture reserves the right not to consolidate the Buyer’s Orders. If The Beach Furniture does not consolidate the Buyer’s Orders, a separate delivery fee will apply to each Order.
- The Beach Furniture reserves the right to accept or reject an Order for any reason at any time. If The Beach Furniture rejects the Buyers Order, the Buyer will receive a refund of any money paid for the subject Ordered Goods.
- The Buyer’s Order becomes a sale when The Beach Furniture communicates / acknowledges acceptance in writing to the Buyer of the Buyer’s Order.
- Unless otherwise specified, all Prices are inclusive of GST and in Australian Dollars.
(k) Unless otherwise specified, the Price does not include the costs of delivery of the Goods, including but not limited to costs incurred by The Beach Furniture arising out of late notification by the Buyer of a change to the Delivery Address or time of delivery.
(l) Any queries regarding items shown on tax invoices issued by The Beach Furniture in relation to the Ordered Goods shall be lodged by the Buyer with The Beach Furniture within 48 hours of receipt of the tax invoice.
4 Availability of Goods
- From time to time, some Goods may be out of stock or unavailable and The Beach Furniture may not be able to fulfil all or part of the Buyer’s Order. If this happens, the Buyer may cancel that part of the Order that pertains to the out of stock or unavailable Good (the ‘Unavailable Good’) in which event The Beach Furniture will refund the Buyer the Price paid (which with the Buyer’s agreement may be by way of store credit) for the Unavailable Good. Alternatively, the Buyer may agree to wait the “lead time” required for The Beach Furniture to re-stock the Unavailable Good, or the parties may agree to substitute the Unavailable Goods for a substitute product which shall then be deemed to be the Good the subject of this Agreement.
- The Beach Furniture may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. The Beach Furniture will not be liable to the Buyer for any loss the Buyer or any third party suffers as a result of a withdrawal of suspension of sale of any Goods.
- Where a Good which is the subject of an Order has been withdrawn or suspended from sale and the Buyer’s payment for the Good has already been processed, the Buyer may cancel the Order (or part thereof) to the extent it pertains to the withdrawn or suspended Good (‘the ‘Withdrawn Good’) in which event The Beach Furniture will refund the Buyer the Price paid for the Withdrawn Good. Alternatively, the parties may agree to substitute the Withdrawn Good for a substitute product which shall then be deemed to be the Good the subject of this Agreement.
- The Beach Furniture reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error.
- If the Order is affected by a genuine error (including in a description, an image or a price or incorrect offers represented on the Website), The Beach Furniture reserves the right to cancel the Order and refund any money paid for the Goods the subject of the Order. If applicable, The Beach Furniture will proceed to fulfil the remainder of the Order in accordance with the Terms. If the Buyer is not satisfied with the partial fulfilment of the Order, the Buyer can return the entire Order to The Beach Furniture provided the Goods are undamaged and unopened (if applicable).
- Without limitation, due to legal and other restrictions applicable for orders placed for international delivery some of The Beach Furniture’ products may not be available for delivery to certain locations outside Australia. The Beach Furniture retains the right to determine what it can and cannot deliver to any particular location.
- The Buyer acknowledges and agrees:-
- All pictures and images of Goods displayed are for illustrative purposes only. Due to computer picture resolution and individual monitor settings, images and pictures of the Goods shown on the website may vary to the actual colour of the Goods;
- Any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
- The Buyer has had an opportunity (whether or not the Buyer has elected to do so) to inspect the Goods at The Beach Furniture showroom before ordering the Goods;
5 Shortage, defects, inaccuracies and specifications
- The Buyer shall check all Goods received immediately upon receiving them and shall notify The Beach Furniture in writing of any inaccuracies or short supply of Goods or any damage or defect in Goods or failure of Goods to comply with these Terms or any applicable Laws within two (2) Business Days of the date of receipt of the Goods.
- Subject to the Australian Consumer Law and any other applicable Law, if the Buyer does not notify The Beach Furniture in writing within two (2) Business Days of the date of receipt of the Goods, The Beach Furniture will not be responsible for any loss or damage whatsoever and howsoever caused arising out of or resulting from such inaccuracies, or short supply of Goods, or damage or defect in Goods or failure of Goods to comply with these Terms.
- The Buyer acknowledges that due to the nature of the Goods, the Goods may have small variations (such as slight changes in colour or gradient from batch to batch within the manufacturer’s tolerances etc). Subject to the Australian Consumer Law, the Buyer agrees to accept the Goods notwithstanding any such small variations.
- Unless inconsistent with the Australian Consumer Law, all particulars of weights and dimensions of the Goods are approximate only and any deviation from any of these things does not vitiate any contract with The Beach Furniture or form grounds for any claim against The Beach Furniture.
6 Collection of Goods
- Subject to clause 7(c), the Buyer must collect the Goods from the location specified for collection of the Goods by The Beach Furniture on the Website (Specified Location) within 15 business days of the date the order is placed or a later date agreed in writing by The Beach Furniture.
- Where the Buyer attends the Specified Location to acquire the Goods, The Beach Furniture may in its absolute discretion:-
- Deliver the Goods into or onto the Buyer’s vehicle in which case risk in the Goods passes to the Buyer and delivery occurs when the Goods are set down in or onto the Buyer’s vehicle;
- Deliver the Goods by setting them down alongside the Buyer’s vehicle in which case risk in the Goods passes to the Buyer and delivery is effected when the Goods are set down alongside the Buyer’s vehicle notwithstanding that The Beach Furniture’s staff may, on request, assist the Buyer to load Goods into or onto the Buyer’s vehicle;
- Deliver the Goods to the Buyer by presenting them to the Buyer personally (where practical), in which case risk in the Goods passes upon the Goods being presented to the Buyer; or
- For the purposes of this clause, the term “Buyer” shall include the Buyer’s agents, employees’, representatives, contractors and transport/freight contractors.
- If the Goods are not collected by close of business on the date required under clause 6(a), risk in the Goods passes to the Buyer and The Beach Furniture may elect at its sole discretion to deliver the relevant Goods to the Buyer’s site, store or address (or a location reasonable believed by The Beach Furniture to be the Buyers site, store or address) or to deliver the Goods as close to same as The Beach Furniture or the Delivery Agent believes to be safe and prudent or store the Goods pursuant to clause 8 herein, and all costs incurred by The Beach Furniture in relation to the holding, storage and delivery of the Goods shall be charged to and paid by the Buyer immediately.
7 Delivery of goods
- Should the Buyer wish to have the Goods delivered to the Delivery Address, the Buyer must complete the delivery quotation form (with accurate information including the Delivery Address sufficient to enable delivery of the Goods) on the Website at the time of placing the Order;
- The Beach Furniture may, if agreeable to the Goods being delivered to the Delivery Address, elect to provide to the Buyer in writing its best estimate of the costs of delivering the Goods to the Delivery Address (the ‘Delivery Quote’).
- If the Buyer accepts the Delivery Quote and makes payment of the applicable delivery fee, The Beach Furniture shall cause the Goods to be delivered to the Delivery Address by the means specified in the Delivery Quote, on the following terms and conditions:-
- The Beach Furniture may use a Delivery Agent to deliver the Goods. The Buyer agrees to its details including Delivery Address and Personal Information being supplied to the Delivery Agent for the purpose of delivering Goods to the Buyer;
- The delivery times and dates made known to the Buyer are estimates only and The Beach Furniture shall not liable for late delivery or non-delivery.
- The delivery charges specified in the Delivery Quote are estimates only. The Buyer shall be responsible for any increases in the delivery charges outside of The Beach Furniture control or caused or contributed to by the Buyer.
- Delivery of the Ordered Goods will be made to the Delivery Address only. The Buyer will need to submit separate Orders for Goods where the Buyer requires multiple delivery destinations.
- The Delivery Agent will deliver the Goods so close (“Drop Spot”) to the Delivery Address as, in the opinion of the Delivery Agent, it is safe or prudent to do so and delivery occurs and risk in the Goods passes to the Buyer when the Delivery Agent‘s delivery vehicle arrives at the Drop Spot.
- The Beach Furniture will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the Goods
- The Beach Furniture reserves the right to charge the Buyer any costs which it incurs as a result of any delay for any reason in unloading the Goods or where unloading of the Goods cannot be effected, including, if applicable, a return delivery fee at the prevailing freight rates.
- The unloading of Goods at a Drop Spot is the Buyer’s responsibility at its own cost and risk but the Delivery Agent’s may, without liability to the Buyer, unload the Goods at the Drop Spot if the Buyer requests them to do so or is absent from the Drop Spot at the time the Delivery Agent wishes to unload and, subject to the Australian Consumer Law, the Buyer releases and forever discharges The Beach Furniture and the Delivery Agent from and against any claim, cause of action or liability arising out of the unloading of Goods at the Drop Spot.
- If the Goods are delivered by instalments, and any one of those instalments is defective for any reason:
- This does not constitute a repudiation of the contract of sale formed by these Terms;
- The defective instalment is a several breach that may give rise only to a claim for compensation.
- Where The Beach Furniture or its Delivery Agent enter the Buyer’s premises or the premises of a third party nominated by the Buyer or the Delivery Address, the Buyer:-
- releases and holds harmless The Beach Furniture and the Delivery Agent from any claim the Buyer may at any time have had against The Beach Furniture or the Delivery Agent but for this release in respect of damage occasioned to the Buyer’s (or nominated third parties) premises, Delivery Address or injury to persons arising out of the delivery by The Beach Furniture or the Delivery Agent of Goods;
- Indemnifies and holds The Beach Furniture harmless from and against any loss, damage or liability suffered or incurred by the Seller in respect of damage occasioned to the third party’s premises or Delivery Address or injury to persons arising out of the delivery by The Beach Furniture or the Delivery Agent of Goods to the premises of the third party or Delivery Address except for and to the extent that such loss, damage or liability suffered or incurred The Beach Furniture arises out of the negligence or willful misconduct of The Beach Furniture.
- Warrants that the Buyer has obtained the consent of the person/entity entitled to possession of the said Premises or Delivery Address for The Beach Furniture or its Delivery Agent to enter the said premises or Delivery Address for the purposes of effecting delivery of the Goods.
- The Buyer must elect to accept or reject a Delivery Quote within seven (7) days of the Delivery Quote.
8 Storage and Buyer’s property
- The Beach Furniture reserves the right to charge a reasonable fee for storage if:-
- Further delivery instructions are not provided by the Buyer within five (5) days of a request by The Beach Furniture for such instructions;
- For any reason the Goods cannot be delivered at the agreed time and place to the Buyer due to the Buyer’s acts or omissions;
- The Goods were to be collected by the Buyer from the Specified Location and the Goods are not collected by the date required under 6(a)
and the Buyer must pay The Beach Furniture reasonable fee for storage immediately upon demand.
- Any property of the Buyer under The Beach Furniture possession, custody or control is completely at the Buyer’s risk as regarding loss or damage caused to the property or by the said property.
- When the Buyer places an order, The Beach Furniture will charge the Buyer and the Buyer agrees to pay the Price specified on the Website and subject to clause 7(c), any applicable delivery fees.
- The Price in respect of a Good is specified on the Website.
- Prices are displayed in Australian Dollars. Where a delivery address within Australia has been nominated, the Price includes Australian GST (currently 10%). Where a delivery address outside Australia has been nominated, the Price will not include Australian GST and additional Taxes may be payable by the Buyer as levied by authorities in the country of delivery upon importation to that country. If goods are over the relevant country’s threshold and customs entry is required, there may be an additional admin charge from the Delivery Agent handling customs clearance, which are payable by the Buyer.
- The Buyer will be charged the Price in Australian Dollars regardless of the delivery location. Any currency conversation fees or rates used to determine the amount the Buyer pays for the Goods is determined by the Buyer’s credit card provider or Paypal or other service provider. The Beach Furniture is not liable for any difference between the Price quoted on the Website and the actual amount charged to the Buyer for the Goods as determined by the fees and conversion rate used by the Buyer’s credit card provider or Paypal or other service provider.
- The Beach Furniture reserves the right to change or alter Prices without notice to the Buyer. If the Buyer has already submitted an Order at a particular Price, The Beach Furniture will subject to its rights herein, supply the Goods at that Price (unless the Buyer’s Order is affected by a pricing error, in which case clause 4 shall apply).
- Payment methods are specified on the Website. They may include credit card and Paypal. The name on any credit card used for payment must match the name of the Buyer on the Order. Cash and cheque cannot be used as a payment method for any purchases from The Beach Furniture through the Website, including Orders.
- Any payment for an Order must be cleared by The Beach Furniture before Goods are dispatched or made available for collection. If the Buyer’s payment cannot be processed, the Order will be rejected and the Buyer will be notified of this on the Website. If a credit card payment cannot be processed the Buyer should contact its card issuer to try to resolve the problem, or use an alternative payment method.
- In paying or attempting to pay for Goods, the Buyer agrees it has not engaged in any fraudulent conduct or contravened any Law.
10 Intentionally Blank
11 Cancellation and Returned Goods
- Unless provided for under these Terms or as otherwise agreed by The Beach Furniture, no Order may be cancelled or varied by the Buyer once accepted by The Beach Furniture except with the written consent of The Beach Furniture.
- If The Beach Furniture cannot contact the Buyer about its Order using the contact details provided in the Order, after having made reasonable attempts to contact the Buyer (which shall be deemed to be no more than 7 days), The Beach Furniture may elect to cancel the Order and refund any money paid for the Goods the subject of the Order.
- If the Buyer has paid the Price but has not accepted a Delivery Quote requested under clause 7(a) within 7 days of the date of the Delivery Quote, then The Beach Furniture may elect to cancel the Order and refund any money paid for the Goods the subject of the Order.
- Delivery Fees will not be refunded if the Goods are returned for change of mind or an incorrect selection;
- If the original payment for the Ordered Goods was made on a credit card then refunds will be processed on the same card as the original payment was first made.
- Except for any provisions to the contrary contained in these Terms or at Law, The Beach Furniture is not under any duty to accept Goods returned by the Buyer. The Beach Furniture will do so only on terms to be agreed in writing in each individual case.
- If The Beach Furniture agrees to accept returned Goods from the Buyer under clause 11(f) of these Terms, the Buyer must return the Goods to the Specified Address or nominated address and subject to any applicable Law, pay any applicable delivery costs.
- Subject to any applicable Law, the Buyer must contact a representative of The Beach Furniture before returning any Goods. Any Goods returned must be unused, undamaged and in the original packaging.
12 Default and Indemnity
- The Beach Furniture may, at its discretion, terminate these Terms for the supply of Goods to the Buyer:-
- For convenience, at any time, on giving notice to the Buyer;
- Immediately if The Beach Furniture reasonably believes the Buyer has breached these Terms and;
- that the breach is not capable of remedy; or
- if the Buyer has been provided with notice of the Breach, and the Buyer has failed to remedy that breach within fourteen (14) days (where the breach is capable of being remedied).
- The Buyer will be in default of these Terms if the Buyer:-
- fails to pay any money owing by the Buyer (or its related body corporate) under these Terms to The Beach Furniture, by the due date;
- fails to comply with any other obligation under these Terms;
- if the Buyer enters into any composition or arrangement with its creditors or has an administrator or a receiver appointed over any of its assets or is the subject of any resolution or petition for winding up or judicial management (other than for the purpose of amalgamation or reconstruction), or the Buyer commits an act of bankruptcy.
- Without limitation to any other rights of The Beach Furniture at Law or in accordance with these Terms, in the event of any default by the Buyer, The Beach Furniture may do any one or more of the following:-
- terminate these Terms;
- refuse to provide any further Goods to the Buyer (other than if required by the Australian Consumer Law);
- recover from the Buyer any loss suffered by The Beach Furniture (including expectation loss if applicable) as a result of the Buyer’s default; and
- exercise any of its other legal rights.
- Termination of these Terms does not affect any party’s accrued rights before termination;
- If The Beach Furniture terminates these Terms as a result of the Buyer’s breach, The Beach Furniture may recover, in addition to any other right at Law, from the Buyer in addition to damages and amounts recoverable apart from this clause:-
- Any amounts due and unpaid under these Terms as at the date of termination;
- any other amount necessary to compensate The Beach Furniture as a direct or indirect result of the Buyer’s default and The Beach Furniture termination of these Terms, including, but not limited to costs and expenses incurred by The Beach Furniture (including legal costs on an indemnity basis) in relation to the Buyer’s default.
- If The Beach Furniture breaches these Terms, the Buyer must give a notice to The Beach Furniture specifying the breach and allow The Beach Furniture a reasonable time in which to remedy the breach.
- The Buyer agrees to indemnity The Beach Furniture (including its related companies, its directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if the Buyer breaches these Terms.
13 Limitation of liability
- Subject to clause 13(b) and to the extent permitted by the Australian Consumer Law and relevant state legislation or other Law, the sole obligation of The Beach Furniture under these Terms is to use reasonable endeavours to provide the Goods (unless The Beach Furniture has a right under these Terms not to provide the Goods). The Beach Furniture will not be liable for any other claims or damages including, but not limited to, claims for negligent or misleading advice, damages arising from loss or use of the Goods, loading, unloading or delivering the Goods, removal of defective Goods, defect in the Goods by any person and any indirect, special or consequential damages or injury (including personal injury) to any person, corporation or other entity.
- If any Goods supplied under these Terms are supplied to the Buyer as a “consumer” of goods or services within the meaning of that term in the Australian Consumer Law (as amended) or relevant state legislation, the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in these Terms excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, under section 64A of the Australian Consumer Law and similar provisions of relevant state legislation, The Beach Furniture limits its liability to payment of an amount equal to the lowest of:
- the cost of replacing the Goods or supplying equivalent goods;
- the cost of repair of the Goods;
- the cost of having the Goods repaired or replaced.
- Subject to clause 13(b), The Beach Furniture is not liable for default or failure in performance of its obligations pursuant to these Terms resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of The Beach Furniture.
- Subject to clause 13(b), and notwithstanding any other provision of these Terms, The Beach Furniture has absolute discretion to refuse to supply Goods to the Buyer (without liability to the Buyer), where:
- Goods are unavailable or insufficient for any reason whatsoever;
- The Buyer or a related body corporate of it has breached a contract with The Beach Furniture or a related body corporate of it including these Terms; or
- The Beach Furniture considers it necessary or desirable to do so for any reason at all.
- Except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose are expressly excluded. Subject to clause 13(b), The Beach Furniture is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the Goods or arising out of The Beach Furniture's negligence or in any way.
- The Buyer represents and warrants to The Beach Furniture that The Beach Furniture will not be liable for any expense or injury (including direct loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to representation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
- The Beach Furniture’ liability to the Buyer for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that the Buyer causes or contributes to the loss or damage.
- The Beach Furniture may collect (even if you do not register to the Website), and The Beach Furniture’s third party providers of advertisements and content may collect, location and other information such as URL or advertisement the Buyer came from or linked to, IP address, browser type, pages the Buyer visited from the Website etc;
- If agreed by the Buyer at the time of placing the Order, The Beach Furniture may send the Buyer marketing information. The Buyer can opt out by contacting a representative of The Beach Furniture;
- The Beach Furniture reserves the right to conduct and implement fraud detection processes, including without limitation to validating the Buyer’s credit card details.
15 Miscellaneous and interpretation
- These Terms will be governed by and construed in accordance with the law applicable in Queensland. The parties irrevocable and unconditionally submit to the jurisdiction of the Courts of Queensland and all Courts having jurisdiction in appeal from the Courts of Queensland, Australia;
- These Terms supersedes all previous agreements in respect of the Ordered Goods, and embodies the entire agreement between The Beach Furniture and the Buyer in respect to its subject matter.
- The Buyer must not assign or permit a third party to obtain the benefit of its rights and interests under these Terms. The Beach Furniture may assign or permit a third party to obtain the benefit of its rights and interests under these Terms;
- If any provision of these Terms is void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly.
- If, notwithstanding clause (d) above, a provision is still void, voidable, unenforceable or illegal:-
- if the provision would not be void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed; and
- in any other case, the whole provision is severed, and the remainder of these Terms will be of full force and effect.
- Any provision in these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of that prohibition or unenforceability without invalidating the remaining provisions or affecting the validity or enforceability of that provision in another jurisdiction.
- These Terms will be binding upon and inure to the benefit of the parties and unless repugnant to the sense or context, to their respective administrators, personal representatives, successors and permitted agents and assigns.
- In these Terms except to the extent that the context otherwise requires:
- reference to legislation or a provision of legislation includes change or re-enactment of the legislation or a legislative provision substituted for, and legislation and statutory instruments and regulations issued under the legislation;
- words denoting the singular include the plural and vice versa;
- headings are for convenience only and will not affect interpretation;
- reference to a clause or paragraph is a reference to a clause or paragraph of these Terms;
- reference to a document or these Terms includes reference to that document or these Terms as changed, notated or replaced from time to time;
- words denoting any gender include all genders;
- where a word or phrase is given a definite meaning in these Terms a part of speech or other grammatical form for that word or phrase has a corresponding meaning;
- reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
- where the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which that thing is to be done, that thing will be done on the next succeeding Business Day.