Welcome to Pure Light Wellness, LLC!

In these terms, we also refer to Pure Light Wellness, LLC operating under the registered business name Pure Light Wellness, LLC as “Pure Light Wellness, LLC”, “our”, “we”, or “us”.  And you are you!

What are these terms about?

These terms apply when you sign up for our Services through our website, https://purelightwellness.com/, and any other websites we operate with the same domain name and a different extension (Website).

Key Words used in these terms

To make it easier for you to understand the terms we provide, and you use, the Services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we say “Services” in these terms, we mean any of our services provided on our online platform or otherwise, where Pure Light Wellness, LLC provides coaching to individuals and includes any of our Programs, content, workbooks, support communications, and associated materials (Services).

We’ve also used a few other capitalized words and phrases such as shorthand to refer to recurring concepts. Each of these is defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you sign up for our Services or otherwise engage with the Services, please carefully read these terms. If you don’t agree to these terms, please don’t sign up for the Services. By clicking “accept” when you create an account or otherwise proceed to engage with the Services, you agree to be bound by these terms.

These terms apply once you have agreed to these terms and continue until you have completed the Services or the Services are terminated.

DISCLAIMER

Pure Light Wellness, LLC cannot and does not give any guarantees on results or earnings with our programs, courses, masterminds, coaching, teachings, healings, and training.

Any results, testimonials, and transformations displayed on our Website or Marketing platforms are genuine with real people but results cannot be guaranteed. Everyone is an individual and results may vary. There are no guarantees of results or future earnings.

Pure Light Wellness, LLC is not a counselor, psychologist, mental health professional, medical professional, or financial advisor. Pure Light Wellness, LLC provides information that is general and based on Pure Light Wellness, LLC’s personal experience. Any information on the Website or through the Services is not a substitute for medical, mental health, financial or legal advice. Pure Light Wellness, LLC cannot cure, diagnose or treat any health condition, including any mental health condition. Before making any changes to your mental health, your physical health, or otherwise, seek medical advice to evaluate any risks.

• (No Guarantee on Income) Pure Light Wellness, LLC cannot and does not give any guarantees on results or earnings with our programs, courses, masterminds, coaching, teachings, healings, and training. You recognize and agree that there are no guarantees of results or future earnings.
• (No medical advice) The purpose of providing you with the Services is to provide you with general information that is based on Pure Light Wellness, LLC’s personal experience. Pure Light Wellness, LLC does not provide medical advice. Any information on the Website, or shared in any part of our Services, is in no way to be taken as advice, including medical advice. You cannot rely on anything shared or provided in the Services as an exhaustive list of advice or recommendations for any actions you may take or solutions or remedies to any issues you may be having.
• (Results not guaranteed) We cannot guarantee any results from your use of the Services. Any results, testimonials, and transformations displayed on our Website are genuine with real people but results cannot be guaranteed. Everyone is an individual and results may vary. You are responsible for compliance with any of our Services at your comfortable pace. We will not be responsible or liable for any issues including you meeting your goals.
• (Suitability) We do not guarantee that our Services take into account your circumstances or specific goals. Many factors will be important in determining whether you achieve any actual results and there is no guarantee that you will be able to achieve specific goals (whether communicated to us or not) within any timeframe or at all. You should obtain appropriate medical or health advice or financial advice before relying on the information provided during our Services. We make no representation or guarantee that our Services will be useful or relevant to you or that by applying any ideas, recommendations, methods, or techniques in the Services you will achieve any particular outcomes. We are not responsible for any of your actions, decisions, or choices, and any methods and techniques implemented by you with mental health, financial health, or otherwise by you are done so at your own risk. By not seeking appropriate professional medical or financial advice, you accept the risk that the information contained in our Services may not meet your specific needs, circumstances, or goals.
• (No legal or financial advice) Pure Light Wellness, LLC does not provide legal, accounting, finance, professional, or other advice or services. Our Services and Website are for educational and information purposes only. No person should act on any information provided before they have formed their own opinion through investigation and research as to the suitability of the information for their circumstances. Laws and regulations relating to investments, financial advice, and the handling of money are complex. We recommend obtaining professional advice, including professional financial advice, before you sign up for any of our Services, or if you are unsure about anything in our Services.
• By signing up to our Services, or otherwise engaging with our Services, you acknowledge and agree that you participate in the Services and use the information solely at your own risk and you have read, understood, and agree to the earnings and income disclaimer;
• (Participation) By participating in the Services, you may be exposed to experiences and information, including sensitive information, that you may find triggering, disturbing, or upsetting. We encourage you to seek professional advice, including medical advice, if you are unsure about anything or our Services, including if you are triggered or upset by anything that is shared or comes up for you during the Services. The Services are designed to support you and your participation is completely voluntary. If, at any point, you feel uncomfortable and wish to stop participating in the Services, please let Pure Light Wellness, LLC know immediately.
• (Online Services) The delivery of the Services is entirely online unless stated otherwise. You agree that you will be partaking in these Services on your own and any issues that occur are your responsibility.
• (Mental Health Concerns) If you are experiencing mental health concerns, please contact a health professional immediately.
• If you are unsure about anything in our Services or participating in our Services, we encourage you to seek medical advice and a referral from a health practitioner or financial advisor before using our Services.

SIGNING UP FOR THE SERVICES

1. To sign up for the Services, you may need to create an account (Account) and pay the Fees.
2. The Services are not intended for any person who has previously been suspended or prohibited from the Services. By creating an Account and paying the Fees or otherwise accessing the Services, you represent and warrant that:
   1.  you are over the age of 18 years and accessing the Services and Website for personal use; and
   2.  you are authorized to use the debit or credit card you provide for the Services.
3. Signing up for the Services constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Services you have ordered in exchange for your payment of the total Fees listed upon checkout.
4. These terms are not agreed upon between you and us until we have approved your payment of the Fees and you receive an email from us confirming the Services.
5. You are responsible for managing your Account and ensuring that you only access and engage with the Services appropriately.
6. OUR ONLINE PLATFORM

2.1 SERVICES

1. We will endeavor to ensure that the Services provided will be substantially the same as the Services described on our Website.
2. Once we have received payment of the Fees, you will be granted access to the Services.

2.2 SESSIONS AND PROGRAMS

1. Pure Light Wellness, LLC may provide individual sessions with you as set out on the Website.
2. Sessions must be scheduled 
3. Pure Light Wellness, LLC may provide programs as set out on the Website (Programs).
4. Programs generally run during set dates and it is up to you to attend all sessions in any Program.
5. There may be a set time frame for any sessions or Programs and if you do not use your allocated sessions during this time frame they will be forfeited.

2.3 SUPPORT COMMUNICATIONS

1. Pure Light Wellness, LLC may offer to provide online support communications from time to time (Support Communications). If Pure Light Wellness, LLC offers to provide Support Communications as part of your Program, you may contact Pure Light Wellness, LLC via email during normal business hours using Pure Light Wellness, LLC’s nominated contact details.
2. Support Communications are subject to a fair use policy, which means that the Support Communications cannot be used in a way that is excessive, unreasonable, or fraudulent, or that disrupts or impedes Pure Light Wellness, LLC’s ability to provide services to other clients.
3. If your use of the Support Communications is in breach of our fair use policy as set out in clause 2.3(2) (at our discretion), we reserve the right to suspend or no longer provide you with the Support Communications.

2.4 RESOURCES

1. As part of the Services, Pure Light Wellness, LLC may provide you with pre-recorded videos, workbooks, or other materials (Resources).
2. You acknowledge and agree that any Resources we provide will only be used for your own personal and non-commercial purposes and will not be shared with anyone else unless we expressly allow you to do so.
3. You must obtain our permission if you want to share any of the Resources with anyone else.
4. Nothing in the Resources is intended to be a substitute for medical or professional advice, including financial or legal advice.
5. YOUR ACCOUNT AND LICENSE
6. Your Account will be valid for the duration of the Program and you will be given lifetime access to the Resources-if that is what is included.. 
7. You are granted a limited license to use the Services for your own personal, non-commercial purposes.
8. You must not give access to your Account to any other person.
9. We will only revoke your license and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the license, for example by distributing the Services to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Services, or if you do not comply with these terms. In the event, your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
10. YOUR OBLIGATIONS

By signing up for our Services, you agree to

1. not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including to defame or harass Pure Light Wellness, LLC); and
2.  to ensure that your conduct in using the Services is free from any harmful, discriminatory, defamatory, or maliciously false implications and does not contain any offensive or explicit material; and
3. not to act in any way that may harm the reputation of Pure Light Wellness, LLC or do anything at all contrary to the interests of Pure Light Wellness, LLC.
4. PAYMENT
5. All Fees are:
   1. as displayed and accepted by you at the time of checkout (Fees);
   2. subject to change without notice before signing up for the Services.
6. (Payment obligations) You must pay the Fees in full at the time of signing up for the Services or as set out in any payment plan you choose upon checkout (Payment Plan). You are responsible for your commitment to pay the entire fee of the Program or Service.
7. (Payment Plans) We offer varying Payment Plans to help you pay for Programs over several months as set out on the Website. Payment Plans must be paid in the set timeframe for any Payment Plan, otherwise, your access to the Program may be restricted.
8. (Missed or Late Payment Terms) We understand that there can be major life events or circumstances that prevent making your payment on time, so we do allow you a 14-day grace period in which to make payment for Payment Plans. However, if payment has not been received within that time frame, then we will suspend your Program and Account access until we have been contacted to reinstate and a cleared payment has resumed.
9. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees is made using a credit, debit, or charge card (including Visa, MasterCard, or American Express).
10. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Services. 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 Fees.
11. (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for the Services, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of signing up for the Services at the correct Fees or canceling the Services. If you choose to cancel the Services the Fees have already been debited, and the full amount will be credited back to your original method of payment.

 

6. SCHEDULING, REFUNDS, AND CANCELING

 

6.1 SCHEDULING

Pure Light Wellness, LLC may use a third-party scheduling provider for scheduling sessions with you. If you do not use the third-party scheduling provider, your session will not be considered as scheduled and Pure Light Wellness, LLC will not be responsible for providing you with a session during that time.

 

6.2 REFUND POLICY

(a) Your satisfaction with your Program, Product, or Service is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Programs, Products, Services, and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services, or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

 

(b) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any of your rights that cannot be excluded under applicable law, including the Federal Trade Commission Act.

 

6.3 CANCELLATION BY YOU

 

(a) If you need to cancel or reschedule a scheduled session, you must provide Pure Light Wellness, LLC with at least 24 hours written notice, otherwise, the session will be forfeited.

 

(b) All sessions need to be used within the timeframe agreed, otherwise any remaining sessions will be forfeited.

 

(c) If you decide to no longer participate in a Program or Service, you are still responsible to pay the entire fee of the Program or Service. 

 

6.4 CANCELLATION BY US

 

(a) We reserve the right to cancel any sessions, retreats,  or any parts of the Program, at any time for any reason, including where we are unable to attend due to sickness or unforeseen commitments (including a COVID-19 lockdown or other emergency). If we cancel any part of the Program, including sessions, we will aim to reschedule the Service or Program. 

 

(b) Pure Light Wellness, LLC may choose to cancel a Program that included active support or a live community due to the Program concluding. If this happens, you will be granted lifetime access to all materials and you will be responsible for any remaining payments on a payment plan. 

 

7. EARNINGS AND INCOME DISCLAIMER

 

(a) Pure Light Wellness, LLC cannot and does not guarantee your ability to get results or save or earn any money with the Services. You acknowledge that there is an inherent risk in any enterprise or activity and agree there is no guarantee that you will save or earn any money or reach your goals as a result of your purchase of the Services.

 

(b) Any financial representations referenced by Pure Light Wellness, LLC on the Website, or during the provision of the Services are illustrative of concepts only and should not be considered promises for actual or future performance.

 

(c) Pure Light Wellness, LLC works with money energetics and money mindset in some of their programs and this is in no way a guarantee of income or financial advice.

 

8. INTELLECTUAL PROPERTY

 

8.1 OUR IP

 

(a) Intellectual Property Rights in the Services and our Services and any other related information or materials (Materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted, or otherwise exploited for any commercial purposes without our express written consent.

(b) You will not under these terms acquire Intellectual Property Rights in any of Our IPs.

 

8.2 DEFINITIONS

 

(a) “Our IP” means all Materials owned or licensed by us and any Intellectual Property Rights attached to those Materials.

 

(b) “Intellectual Property Rights” means any present and future intellectual and industrial property rights throughout the world, including copyright, trademarks, designs, patents or other proprietary rights, confidential information, and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the date of these terms, whether registered or unregistered.

9. COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your inquiries, and for other purposes set out in our Privacy Policy.

 

(b) Our Privacy Policy contains more information about how we use, disclose, and store your information and details about how you can access and correct your personal information.

 

(c) We may collect sensitive information about you during providing you with services through the Services. We only collect the information that you choose to provide us during the Services and will not collect this without your consent. It is up to you whether you choose to disclose your sensitive information.

 

(d) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.

(e) Pure Light Wellness, LLC, and other Program participants may share personal and/or sensitive information with you during the Program. You must always maintain the privacy and confidentiality of this information and you cannot share participants’ personal and sensitive information with anyone else. You cannot share any information or recordings, (including any recordings or information that is on any of our social media platforms) on social media or any other platform, with anyone else.

(f) Pure Light Wellness, LLC may record sessions, including in Programs. If you choose to continue with that session or Program, you must consent to the recording of the session.

10. CONFIDENTIALITY

10.1 CONFIDENTIAL INFORMATION

You must at all times, maintain the confidentiality of any information provided to you in any part of the Services, Resources, and Support Communication. The parties will not, during or at any time after the Services or Program is completed, disclose Confidential Information directly or indirectly to any third party except:

(a) with the other party’s prior written consent;

(b) as required by law.

10.2 BREACH

If either party becomes aware of a suspected or actual breach of clause 10.1 by that party, that party will immediately notify the other party and take reasonable steps required to prevent, stop or mitigate the suspected or actual breach. The parties agree that damages may not be a sufficient remedy for a breach of this clause 10.1.

10.3 PERMITTED USE

A party may only use the Confidential Information of the other party to exercise its rights or perform its obligations under this agreement.

10.4 RETURN

On termination or expiration of this agreement, each party must immediately return to the other party, or (if requested by the other party) destroy, any documents or other Material in its possession or control containing Confidential Information of the other party.

 

11. THIRD-PARTY SERVICES, CONTENT, TERMS, AND WEBSITES

11.1 THIRD-PARTY GOODS AND SERVICES

(a) The Services may be powered by goods or services provided by third parties (including third-party platforms) and therefore subject to the terms and conditions of those third parties. Your use of the Services is subject to any applicable third-party terms and conditions and you agree to familiarize yourself with all applicable third-party terms and conditions.

(b) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error of the Services or any issues experienced in any Program.

11.2 THIRD-PARTY CONTENT

The Services may contain text, images, data, and other content provided by a third party and displayed in the information provided through the Services (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty, or guarantee about the quality, suitability, accuracy, reliability, currency, or completeness of Third Party Content.

11.3 LINKS TO OTHER WEBSITES

(a) The Services 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) The inclusion of any linked website on the Services does not imply our approval or endorsement of the linked website.

12. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones, or other electronic devices arising in connection with the use of the Services. You should take precautions to ensure that the process that you employ for accessing the Services does not expose you to the risk of viruses, malicious computer code, or other forms of interference.

13. REPORTING MISUSE

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

14. SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant, or guarantee that:

(a) the Services will be free from errors or defects;

(b) the Services will be accessible at all times;

(c) information you receive or supply through the Services will be secure or confidential; or

(d) any information provided through the Services is accurate or true.

15. NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and English; and

(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as of the date of these terms (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 the 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.

16. LIABILITY

(a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity, or otherwise, arising from or relating in any way to the Services, the Website, the Services these terms or any other goods or services provided by us to the value of the Fees (if any) paid for the Services. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.

(b) All express or implied representations and warranties in relation to the Services, the Website, the Services these terms, or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.

(c) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage, or injury which is or may be suffered by any person arising from your or your representatives:

(i) breach of any of these terms;

(ii) use of the Services, the Website, the Services, or any other goods or services provided by us; or

(iii) use of any other goods or services provided by us.

(d) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we 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 Services, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

17. DISPUTE RESOLUTION

(a) 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.

(b) 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. It is the intent of Pure Light Wellness, LLC that should any differences arise, we could work them out amicably through written correspondence. Prior to seeking legal support, you agree to send an email to us at purelighthealings@gmail.com and include all of your reasons for dissatisfaction with your Program.

(c) 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. You understand and agree now that the only remedy that can be awarded to you through written dispute is a full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. If the dispute is not resolved within 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

18. TERMINATION

18.1 TERMINATION FOR CONVENIENCE

We may, in our sole discretion, terminate these terms for convenience at any time by providing 7 days written notice to you.

18.2 TERMINATION FOR CAUSE

Either party may immediately terminate these terms by written notice to the other party if:

(a) the other party is in default or breach of these terms;

(b) the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offense involving fraud or dishonesty or an offense which, in the opinion of the other party, affects the other party’s obligations under these terms;

(c) the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or

(d) the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.

18.3 EFFECT OF TERMINATION

Upon termination of these terms:

(a) your Account may be terminated, and you will no longer have access to the Services;

(b) any Fees paid are non-refundable (except in accordance with clause 6.4); and

(c) if requested, you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 8.2(a)) which is in your care, custody, or control, and you must thereafter destroy any copies you have of such materials.

18.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.

19. FORCE MAJEURE

(a) Pure Light Wellness, LLC will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of a Force Majeure Event.

(b) If a Force Majeure Event occurs, Pure Light Wellness, LLC must use reasonable endeavors to notify you of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which the Supplier will be unable to perform or be delayed in performing its obligations under this agreement.

(c) Subject to compliance with clause 19(b), the relevant obligation of Pure Light Wellness, LLC will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d) For this agreement, a ‘Force Majeure Event means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion, or fire;

(ii) strikes or other industrial action outside of the control of the Supplier; or

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv) any decision of government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of Pure Light Wellness LLC, to the extent it affects Pure Light Wellness LLC’s ability to perform its obligations.

20. GENERAL

20.1 GOVERNING LAW AND JURISDICTION

These terms are governed by the law applied in the United States of America. Each party irrevocably submits to the exclusive jurisdiction of the courts of the United States of America, 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.

20.2 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.

20.3 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 are not limited or otherwise affected.

20.4 JOINT AND SEVERAL LIABILITY

An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

 

20.5 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

20.6 COSTS

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

20.7 ENTIRE AGREEMENT

These terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding, or agreement, express or implied, in relation to the subject matter of these terms.

20.8 INTERPRETATION

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

(b) (gender) words indicating a gender include the corresponding words of any other gender; 

(c) (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;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust, and any other entity;

(e) (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;

(f) (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;

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

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

(i) (includes) the word “includes” and similar words in any form is not a word of limitation, and

(j) (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.