Terms of service

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Raw Meow.

The Raw Meow range features meal completers, freeze dried meals, treats and supplements that cater to all stages of a cat’s life, and requirements, and ensure that, no matter your circumstances, your pets can enjoy the enormous benefits of a biologically appropriate, balanced and complete raw diet.

In these terms, we also refer to Raw Meow as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being https://rawmeow.com.au/ and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

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

How do I read these terms?

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

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

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

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

DISCLAIMER

Before you buy any of our Products, please make you read and understand the below.

        1. Be responsible – You acknowledge and agree that you will use our Products responsibly as supplements, and follow any instructions on our Products. You agree that you will check with your veterinarian before using our Products where appropriate. We are not responsible for any loss, damage, liability, expense, claim, injury, illness or death (Loss) associated with our services, your access to this Website, or the purchase or use of our Products if you are misusing the Products. If you are unsure of how to use or store our products, we encourage you to read our FAQ’s on our Website here. Please do not hesitate to reach out to us at info@rawmeow.com.au.
        2. Not medical or veterinary advice – You acknowledge and agree that the information contained in our Website, our Products or our services is not professional veterinary advice, and you should not rely on such information as a substitute for veterinary, medical, health, or professional advice for your pet. Any statements made on this website have not been evaluated by the Australian Pesticides and Veterinary Medicines Authority (APVMA). Our Products are not intended to diagnose, treat, cure or prevent any condition. Our Products are designed to support, not replace, the relationship between you and your veterinarian. Any recommendations provided on our Website (including in our blog posts, guides, articles, recipes or podcast) are for educational purposes and are based on our experience. Please seek medical advice from a trained veterinarian in relation to any medical issues your pet is experiencing. By not seeking appropriate advice, you accept the risk that the information contained in our Products, services and/or on our Website may not meet you or your pet’s specific needs, circumstances or goals.
        3. Results not guaranteed – You acknowledge and agree that your pet is not guaranteed to achieve any specific personal or medical outcomes or results by using our Products. While the Products are intended to optimise your pet’s health, we do not guarantee, warrant or represent that, as a result of using our Product, a specific outcome will occur for your pet, or will achieve any growth or particular outcome or that any growth or particular outcome will occur at all. You agree to make your own independent assessments and evaluations prior to relying on any information, testimonials, recommendations and advice provided by Raw Meow on this Website or as part of Raw Meow providing you with the Products or services.
        4. Allergic reaction – If your pet is experiencing a severe allergic reaction or anything out of the ordinary that you are concerned about, you must immediately stop using the Product and seek immediate veterinarian advice or assistance in case of an emergency.
        5. No modifications – You agree that you will not modify our Products. We are not responsible for any Loss associated with modification to our Products, including but not limited to the modification of any our instructions, recipes or feeding guides.

A. For When You Buy Products…

  • SUBMITTING AN ORDER
        1. By submitting an order for purchase of a Product using the Website’s functionality (Order) 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 the debit or credit card you provide with your Order.
        2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
        3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  • ACCOUNTS
        1. Although you may submit an Order and/or purchase a Product as a guest, at Raw Meow, we encourage you to sign-up, register and receive an account through the Website (an Account).
        2. As part of the checkout or Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
        3. You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
        4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
        5. We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
  • PRODUCTS
    1. product and feeding instructions
        1. At Raw Meow, we provide a range of products for your canine and/or feline companion. This includes raw mix products and supplements that require specific preparation and care to ensure safe consumption in accordance with the package instructions and any other instructions outlined on our Website.
        2. By purchasing our Product, we’ll provide you with preparation and feeding instructions when we post your Product to you, which you can also access on our Website, here, and on the packaging description of each product.
        3. We will assume that you will take care of your Product in accordance with the instructions we provide, including but not limited to expiry or ‘use by’ dates, recipes, specific ingredients, and our feeding guide. If you do not follow the Product instructions, then we accept no responsibility for such conduct or any loss, damages or consequences arising from such conduct.
    2. minor variations and risk
        1. We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
        2. Until the price of your Products is paid in full, title in those Products is retained by Raw Meow. Risk in the Products will pass to you on shipping in accordance with clause 6. Shipping must not be refused by you.
    3. vouchers and discount codes
        1. We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
        2. A Voucher can only be applied at the time of placing and Order and not retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.
        3. If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.
    4. gift cards
        1. We may issue gift cards for use on our Website.
        2. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.
        3. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
  • rewards PROGRAM
      1. PARTICIPATION
        1. We may operate a Raw Meow Reward Program by which loyal customers will be rewarded for, amongst other things, making eligible purchases (Reward Program).
        2. You will automatically be eligible to participate in the Reward Program when you sign up for an Account.
        3. We reserve the right to terminate your access to the Reward Program (including your Account and any Points (defined below) for any reason. Where we terminate your access to the Reward Program, will notify you of this as soon as possible.
      2. COMMUNICATIONS
        1. By making an Account and enrolling in the Reward Program, you consent to receiving marketing emails and communications relating to the Reward Program from us.
        2. You may opt-out of receiving marketing emails and communications relating to the Reward Program by following the instructions provided in the email, or otherwise in accordance with our Privacy Policy.
        3. You acknowledge and agree that by opting out of communications relating to the Reward Program, you may not receive emails relating to your Reward Program benefits.
      3. ELIGIBILE PURCHASES
        1. For a purchase to be eligible for the Reward Program (Eligible Purchases):
          1. you must be signed into your Account at the time of the purchase; and
          2. the purchase must be made through the Website.
        2. The following purchases are not eligible for the Reward Program:
          1. purchases made outside of Australia;
          2. purchases made in retail stores, stockists, department stores or via any third party; and
          3. purchases which Raw Meow deem, in its sole discretion, are not legitimate purchase or legitimate purchase which have been made for the purpose of manipulating the Reward Program.
      4. REWARD PROGRAM POINTS
        1. For each Eligible Purchase, you will receive points which can be used to obtain benefits on the Website (Points).
        2. You may also earn additional Points by taking actions as set out on the Website or as communicated to you from time to time.
        3. You acknowledge and agree that any Points earned via the Reward Program:
          1. cannot be redeemed for cash;
          2. cannot be combined with any other promotional offers, discounts or rewards offered by us; and
          3. cannot be transferred, shared or combined.
        4. We will not be responsible for any Points that are lost or redeemed due to fraudulent activity by you or any other party.
      5. REDEEMING POINTS
        1. You may redeem Points for the benefits listed on our Website with your Account.
        2. Raw Meow reserves the right to set the benefits for which Points may be redeemed and may change any offers to redeem Points at any time without notice to you.
        3. You may not redeem your Benefits:
          1. on any website other than our Australian Website, even if we operate that website with the same domain name and different extension; or
          2. in retail stores, stockists or department stores.
        4. Using the functionality available on the Website, you will be able to redeem points for certain benefits offered via the Website (such as discounts on Products).
        5. The purchase of any Products through the Reward Program (e.g. with a discount obtained using Points) is subject to these terms and conditions.
  • PAYMENT
        1. All prices are:
          1. per unit (except where indicated);
          2. in Australian Dollars; and
          3. subject to change prior to you completing an Order without notice.
        2. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
        3. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Raw Meow, you must pay the GST subject to Raw Meow providing a tax invoice.
        4. (Card surcharges) Raw Meow reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
        5. (Online payment partner) We may use third-party payment providers such as:
          1. Afterpay;
          2. Paypal;
          3. Shop Pay;
          4. our credit card providers;

    together, ‘the Payment Providers’, to collect payments for Products.

          1. 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 Providers are accessible below:
            1. https://www.afterpay.com/en-AU/terms-of-service;
            2. https://www.paypal.com/au/legalhub/useragreement-full;
            3. https://shop.app/terms-of-service; and

    as set out on our Website from time to time.

          1. To the maximum extent permitted by law, we will not be 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.
          2. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
    1. collection and pick up
          1. We may allow you to select “Local Pickup” as an option on checkout and select:
            1. a date on which you will collect the Products (Collection Date); and
            2. a designated location from which you will collect the Products (Collection Address).
          2. If you select “Local Pickup”, you agree to ONLY collect the Products from the Collection Address:
            1. between the hours 9:00pm to 12:00pm (AWST) on Saturdays; OR
            2. during the week by appointment,

    on the Collection Date.

          1. If you fail to collect the Products within this time, then unless you have notified us otherwise or made arrangements with us for late collection, we may cancel your Order and we may:
            1. re-sell the Product to another party; and/or
            2. require you to pay a re-stocking fee.
          2. We may require you to verify your identity upon collection.
    1. SHIPPING
      1. shipping costs

    Shipping costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of shipping to the address chosen by you.

      1. Shipping Details

    Raw Meow may charge you for shipping at any time (notwithstanding that it may not have previously done so). Where shipping is required and prices are stated as inclusive of shipping:

          1. shipping is to the shipping point specifically accepted by Raw Meow; and
          2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.
      1. Shipping Issues

    Third party courier terms apply to the shipping of the Products to you. Any problems with shipping should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your shipping arrives. All shipping times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be shipped within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late shipping.

      1. International Orders
          1. Raw Meow reserves the right to refuse international orders.
          2. However, where Raw Meow approves an international order, please note:
            1. it is your responsibility to conduct your own due diligence and we strongly recommend that you check your own country’s customs rules and regulations before submitting an Order;
            2. approved international orders are sent at your own risk and may be subject to customs and import duties upon reaching its country of destination, some countries of which may be at a higher risk of search and seizure by the relevant customs’ authorities;
            3. you will be responsible for paying all customs, taxes and import duties and acknowledge that failure to pay may result in your order being held at customs, as Raw Meow does not collect these fees at checkout;
            4. we will not be liable for any costs you may incur in having your order released from, destroyed or detained by customs, including reimbursing you for any customs or import duties you may pay, or offering a refund.
    1. CHANGES TO YOUR ORDER
      1. CANCELLATION BY US

    We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

      1. CANCELLATION BY YOU

    You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 9 may apply.

    1. RETURNS AND EXCHANGES
          1. (Change of Mind) Due to the perishable nature of our Products, we do not offer change of mind returns. If you are unhappy with your Product or if there are any problems with your Product, please contact us at info@rawmeow.com.au
          2. We will provide a full refund of the price paid for a Product if we determine that:
            1. a Product you have ordered was not received by you solely due to failure by us;
            2. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
            3. a Product is Defective, in accordance with clause 9(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
          3. (Defective products) The following process applies to any Product you believe to be Defective.
            1. If you believe your Product is Defective, please contact us using the details provided on our Website with a full description of the fault (including images and/or any videos).
            2. If we determine that your Product may be Defective, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product Defective.
            3. If we determine in our reasonable opinion that the Product is not Defective, or is Defective due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
            4. If we determine that the Product is Defective, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
            5. If you fail to comply with the provisions of this clause 8 in respect of a Defective Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the Defective Product.
            6. Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
    2. INTELLECTUAL PROPERTY
          1. Raw Meow retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
          2. In this clause 10, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
    3. THIRD PARTY TERMS SUPPLIERS
          1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
          2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
          3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 8.
    4. RATINGS & REVIEWS
          1. We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website.
          2. You agree:
            1. to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;
            2. to provide true, fair and accurate information in your Review; and
            3. that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.
          3. You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms.
          4. We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate.

    B. For When You Browse This Website…

    1. ACCESS AND USE OF THE WEBSITE

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

    1. YOUR OBLIGATIONS

    You must not:

          1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Raw Meow;
          2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
          3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
          4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
          5. use the Website with the assistance of any automated scripting tool or software;
          6. act in a way that may diminish or adversely impact the reputation of Raw Meow, including by linking to the Website on any other website; and
          7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
            1. gaining unauthorised access to Website accounts or data;
            2. scanning, probing or testing the Website for security vulnerabilities;
            3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
            4. instigate or participate in a denial-of-service attack against the Website.
    1. INFORMATION ON THE WEBSITE
          1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
            1. the Website may have errors or defects (or both, as the case may be);
            2. the Website may not be accessible at times;
            3. messages sent through the Website may not be delivered promptly, or delivered at all;
            4. information you receive or supply through the Website may not be secure or confidential; and
            5. any information provided through the Website may not be accurate or true.
          2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
    2. INTELLECTUAL PROPERTY
          1. Raw Meow retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
          2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Raw Meow or as permitted by law.
          3. In this clause 16, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
    3. LINKS TO OTHER WEBSITES
          1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
          2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
    4. THIRD PARTY PLATFORM
          1. This Website is powered by Shopify, a third party platform, and the terms and conditions of Shopify may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://shop.app/terms-of-service.
          2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
    5. SECURITY

    To the maximum extent permitted by law, Raw Meow does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

    1. REPORTING MISUSE

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

    C. Liability And Other Legal Terms

    1. LIABILITY
      1. WARRANTIES

    Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:

          1. Products sold by Raw Meow, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
          2. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
      1. LIABILITY
          1. To the maximum extent permitted by law and subject to clause 21.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to Raw Meow under the most recent Order.
          2. Clause 21.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clause 3.1 (Product and Feeding Instructions).
          3. Claims for loss of or damage to Products in transit must be made against the carrier.
      2. Consequential loss

    To the maximum extent permitted by law, neither party will 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 in connection with this agreement or any Products or services provided by us, except:

          1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
          2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
    1. GENERAL
      1. GOVERNING LAW AND JURISDICTION

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

      1. 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.

      1. SEVERANCE

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

      1. JOINT AND SEVERAL LIABILITY

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

      1. ASSIGNMENT

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

      1. COSTS

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

      1. ENTIRE AGREEMENT

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

      1. 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;
          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. (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;
          8. (document) a reference to a document (including these terms) 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 these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
    1. NOTICES 
          1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 
          2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
          3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.