Paper Advocate Terms Of Use (“TOU”)

The site at www.paperadvocate.com.au (“Site”) is owned and operated by Paper Advocate Pty Ltd ABN 34 687 981 648. Your access to and use of the Site is subject to the terms of this TOU. By using the Site, You have accepted and agreed to this TOU. PLEASE READ THIS TOU CAREFULLY BEFORE USING THE SITE.

We may amend this TOU at any time at Our discretion. Please review the TOU periodically as Your continued use of the Site indicates Your agreement to any changes made. Any amended terms of the TOU shall automatically be effective from the time and date of publication (unless otherwise stated). If You do not agree with such amendments, You must cease to use the Site.

 

1. Definitions & Interpretations

  • Definitions

In this TOU unless inconsistent with the context or subject matter:

  • “Authorised Purchaser” means a person who properly subscribes to purchase Documents from the Site;
  • “Content” includes any material, text, information, graphs, pictures, tools, sound, graphics, video and other data forming part of or contained in the Site from time to time whether in written form or otherwise and, where the context requires, includes any Documents;
  • “Documents” means all goods or services supplied by Us or made available for supply as set out on the Site from time to time including agreements, forms and other written material;
  • “Intellectual Property” means all intellectual and industrial property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, designs, trade marks, brand names, product names, domains, know-how, source code, processes, concepts in the Site including the Content and Documents, the name “Paper Advocate” and includes all associated business names and trade marks and other proprietary rights and any right to have information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of this TOU but excludes any User Information;
  • “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production, loss of life and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen Sites or other data production stoppage, or consequential or indirect loss or damage howsoever arising or caused, including, without limitation, negligence, tort, contract or statute;
  • “Price” means the price payable (plus any GST) for Documents to be purchased from Us as set out on the Site from time to time and includes any special offers or discounts made available by Us;
  • “Site” means the website and all Content at any domain owned by Us;
  • “Related Entity” has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
  • “User Information” means any information (including Your name, address, telephone number, email address, postal address, applicable billing information and other personal information) or documents supplied to Us or the Site by You or on your behalf;
  • “You” and “Your” means any person who uses the Site or any part of it, for any purpose whatsoever and in relation to purchases of Documents via the Site, means an Authorised Purchaser.
  • Interpretation

In this TOU, unless inconsistent with the context or subject matter:

  • a reference to a person includes any other legal entity;
  • a reference to a legal entity includes a person;
  • words importing the singular number include the plural number;
  • words importing the plural number include the singular number;
  • the masculine gender must be read as also importing the feminine or neuter gender;
  • a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
  • headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of User is used, in which case clauses under that subheading relate to the party referred to in the subheading;
  • where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  • a reference to a statute includes all regulations and subordinate legislation and amendments;
  • references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
  • a reference to a monetary amount is a reference to an Australian dollar amount (unless otherwise specified);
  • an obligation of two or more parties binds them jointly and each of them severally;
  • an obligation incurred in favour of two or more parties is enforceable by them severally;
  • references to time are to local time in Queensland (AEST);
  • where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
  • a reference to a business day means any day on which trading banks are open for business inQueensland;
  • if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
  • a reference to a month means a calendar month; and
  • a reference to data includes metadata
 

2. General Access

  • We grant to You a non-exclusive, non-assignable licence to use the Site in accordance with its normal and intendedfunctionality and for personal use only and strictly in accordance with this TOU.
  • You acknowledge and agree with Us that You will not, as a result of being granted a non- exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Site, Content or any part of it, other than the non-exclusive rights granted in accordance with this TOU.
  • Any use of the Site not specifically permitted, designed or intended is strictly prohibited.
  • In order to use the Site, You require the equipment and connections necessary to access the World Wide Web. You are responsible for:
    • the provision of any such connection or access to the World Wide Web;
    • the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
    • the provision of all equipment necessary for You to make any such connection to the World Wide Web, including a computer and a
 

3. Authorised Purchasers

  • Prior to becoming an Authorised Purchaser, You should complete the survey available on the Site to determine whether the Site and any Documents are suitable for You.
  • To become an Authorised Purchaser, you must, at any time complete the sign up form on the Site or otherwise comply with the requirements set out on the Site. Should any of your subscription information change, please update your details immediately in your login on the Site.
  • Accessing or using the Site as an Authorised Purchaser is personal and is limited to the individual Authorised Purchaser. Disclosure of Authorised Purchaser password to any third party is prohibited.
  • Only an Authorised Purchaser is permitted to purchase Documents from Us via the Site. Legal and non-legal professionals, business entities and/or individuals which provide goods similar to the Documents, are not permitted to be Authorised Purchasers and must not access or use any information on the Site for their own business purposes.
 

4. Purchase of Documents

  • Certain Documents are available for purchase by Authorised Purchasers using the functionality of the Site. Prices and availability of Documents are subject to change without notice.
  • When you place an order to purchase Documents via the Site, it is an offer by you to purchase those particular Documents for the specified price shown on the Site at the time of the order and in accordance with this TOU.
  • Payment of the Price must be made in the time and manner set out on the Site from time to time which includes processing via a third party processor.
  • Documents generated with your details are available for download via a unique URL which expires after 30 minutes. You may elect to have the Document delivered to your nominated email address and we may email your email address to provide additional Documents. You are responsible for ensuring the email address entered is correct and that the sending domain and email address is marked as safe or recovered from your junk or spam folder. We are not responsible for any delayed or lost Documents.
  • You agree as follows:
    • You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the Price and all applicable amounts as set out in these terms and on the Site;
    • In the event a Price payment is not made we may, but are not obliged to, notify You through Your email or phone contact details. We reserve the right to discontinue or terminate Your use of or access to the Site or your order for Documents in the event of non-payment;
    • You allow us to share Your User Information with third parties for the purpose of verifying the information You provide and billing Your credit card or otherwise charging You;
    • You are responsible for any fees or charges incurred as a result of You making a payment in a currency other than Australian dollars or making a payment from a bank, financial institution or other business or digital platform which uses a currency other than Australian dollars;
    • Except for any statutory rights which are unaffected and our Returns Policy, You agree that all Price payments are non-refundable.
 

5. User Information

  • You must be over the age of 18 and a resident of Australia at the time of requesting to subscribe as an Authorised Purchaser.
  • You warrant that all User Information You provide;
    • Is up to date, accurate and complete; and
    • Is not false or misleading.
  • If applicable, so that we can provide the Site on an ongoing basis You are responsible for ensuring that we hold your current, accurate and complete contact and billing details at all times. Any changes to You contact or billing details must be notified to us as soon as possible.
  • If you post or upload information (including reviews), you grant us a worldwide, non-exclusive, royalty-free licence to use, adapt, display, and share it. You must have the rights to any content you post. We may remove User Information at our discretion and are not responsible for content posted by other users.
 

6. Your Obligations

  • You must comply with all clauses of this TOU and all other terms and policies incorporated by reference. You must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding Your use of the
  • Your access to and use of the Site, the Site, and any User Information, must not:
    • be false, inaccurate or misleading;
    • be fraudulent or deceptive;
    • impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity;
    • infringe any third party’s copyright, patent, trade mark, design, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
    • violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law such as the Competition and Consumer Act 2010 (Cth));
    • be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
    • be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
    • contain comments of a religious, political or social nature;
    • contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriateany system, data or personal information or otherwise affect the integrity, operation or security of theSite;
    • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
    • create liability for Us or cause Us to lose (in whole or in part) the Site of Our internet service provider, other Users or other suppliers;
    • damage the credibility or integrity of the Site or Us;
    • breach or violate any policy or law;
    • link directly or indirectly to or include anything that:
      • You do not have a right to link to or include;
      • could cause Us to violate any applicable law, statute, ordinance or
    • You acknowledge and agree that You must not:
      • commit or permit any act which may interfere with the access to or use of the Site by any other user;
      • use the Site to send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation to any person or company;
      • attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site or any Site through any means;
      • tamper with, hinder the operation of or make unauthorised modifications to the Site, the Site or any partthereof;
      • damage or modify the Site or any part thereof;
      • reverse engineer, decompile or disassemble the Site, the Site or any part thereof;
      • copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site, the Site or any part thereof; or
      • modify, alter, adapt, disassemble, reverse engineer, decompile or amend any Content or any part thereof in any
 

7. Relationship

  • Nothing in this TOU or Your use of the Site establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
  • Your use of our website does not create a lawyer-client relationship. Any communication via the website may not be held confidential and is not protected by legal professional privilege.
 

8. Nature of Site and Documents

  • We strive to ensure that our Site, Content and Documents are described as accurately as possible, however We do not warrant that the description is Where We become aware of any misdescription, error or omission, We reserve the right to correct it. Images have been provided for illustrative purposes only.
  • We are not responsible under any circumstances, including negligence, for any errors or omissions, or for the results obtained from the use of the Site or Documents. In no event will We or any Related Entity, officers, directors, agents, employees, consultants or contractors be liable to You or any third party for any decision made or action taken or omission in reliance on the Site or Documents provided or for any Loss, even if advised of the possibility of such
  • We have exercised Our best efforts and judgement in developing the Site and Documents and compiling the information on the Site to ensure the information is correct, current and complete, however You acknowledge that:
    • Your accesses the Site at its own risk;
    • the Site and Documents are provided for information and general guidance purposes only and do not constitute legal, financial or other professional advice;
    • the Site may provide suggestions, schedules or other information which is not guaranteed to meet or satisfy Your specific or third party requirements; and
    • Documents are generated automatically and may contain errors;
    • You are responsible for reviewing and correcting Documents, and We recommend seeking independent legal advice before use.
 

9. Intellectual Property

  • The Site and all parts thereof, including the Content, and the Documents are protected by copyright and other proprietary rights and remain the property of Us or, where applicable, our respective licensors.
  • You acknowledge and agree that We own or licence the Intellectual Property in the Site and Documents and that no right, title or interest in any of the Intellectual Property is transferred or granted to You other than the limited licence rights granted expressly by this TOU.
  • We grant You a limited licence to download and use the Documents for your personal use only. You:
    • May amend the Documents at your own risk;
    • Provide the Documents to your lawyer for advice and legal assistance;
    • Must not use the Documents for future agreements, other relationship breakdowns, or share them with others;
    • Must not copy, reproduce, resell, distribute, or share our Content or Documents in whole or part, whether in original form or amended in any way, without our prior written permission;
    • Must not use our Content or Documents for any commercial purposes whatsoever.
  • You must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as Your You undertake not to take or permit or omit any action which would or might:
    • invalidate or put in dispute Our title in the Intellectual Property or any part of it;
    • oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
    • support any application to remove or undo Our title in the Intellectual Property or any part of it; or
    • assist any other person directly or indirectly in any of the
  • The parties agree that any intellectual or industrial rights in any additional or further or new works, material or information created, formulated or discovered during or after Your use of or access to the Site, excluding YourUser Information, will be the sole and exclusive property of Us and You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or furtherintellectual property rights to
  • Without limitation, the Paper Advocate logo and name are owned by Us, and may not be used as part of Your business or in connection with any goods or services without prior written consent which shall be given, given with conditions or withheld at Our absolute Third party trade marks are acknowledged on the Site.
  • We may at Our sole and absolute discretion refuse or remove any Content or User Information from the
 

10. Privacy & Cookies

  • All personal information and data, including from cookies, that We process on the Site or through the Site or through email or any other means will be managed and used in accordance with our Privacy Policy.
 

11.  Links and Advertising

  • The Site may contain links to third party Those websites are not under Our control and We are notresponsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites. Neither Us nor any Related Entity or Our officers, directors, employees or agents recommend or endorse the content of any third party websites which may be linked to or from the Site, or goods or Site of any third party organisations mentioned or described on this Site or linked to or from the Site.You acknowledge that You enter any third party websites at Your own risk.
  • The Site may contain advertisements for third parties’ goods and/or Site. The third party advertisers are responsiblefor the accuracy of all representations made in those Neither Us nor any Related Entity or Our officers, directors, employees or agents recommend or endorse the goods or Site that may be advertised on theSite, nor do they offer the goods or Site for sale or make any other representation whatsoever about them. If You choose to order a good or service advertised by a third party on the Site, You do so at Your own risk.
  • You must not link the Site from any other website not owned or operated by Us without Our prior written
 

12. Upgrades

  • Upgrades and updates may be made to the Site from time to time by Us or our contractors. Such upgrades or updates may occur automatically and remotely with or without prior We will endeavour to provide 24 hours prior warning where possible.
  • You acknowledge and agree that this TOU apply to updates, supplements, add on components, or internet-based Site or components of the Site together with any other terms along with the update, supplement, add on component or internet-based Site or components which We
  • We reserve the right to discontinue the Site at any time and for any reason.
 

13. General Maintenance and Technical Support

  • Subscription as an Authorised Purchaser includes maintenance and updates to the Site to the extent necessary as a result of fair wear and tear.
  • Subscription as an Authorised Purchaser includes limited customer support by phone or email. You acknowledge that such support may not be live and is not provided with any minimum response period or service level. No minimum service levels are offered or agreed.
  • We will endeavour to carry out any non-urgent support Site, upgrades, updates, supplements, add on components, or other internet-based Site or components outside of usual business hours. We will provide reasonable notification of any anticipated downtime.
 

14. Breach and Termination

  • Without limiting other remedies available to Us at law, in equity or under this TOU or otherwise, We may, in Our sole discretion, immediately issue a warning, restrict, temporarily suspend, indefinitely suspend or terminate Your Authorised Purchaser access to the Site or any part of them and/or refuse to provide the Site, or any part of them, to You (including preventing You from accessing the Site) if:
    • The Price is not paid as and when required;
    • You breach this TOU or the terms and policies those documents incorporated by reference, including as to payment, and fail to remedy the breach within 2 business days of Our notice to do so; or
    • You use or attempt to use or allow the use of the Site for any purpose inconsistent with this TOU;
    • We are unable to verify or authenticate Your User Information; or
    • We believe that Your actions may cause legal liability for You, other You or Us; or
    • In Our sole opinion, Your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Site or any part of them (or the operation thereof) or Us; or
    • We suspect that You (by conviction, settlement, insurance or escrow investigation, or otherwise in Our sole discretion) have engaged in fraudulent or deceptive activity in connection with Our
  • We may immediately terminate Your Authorised Purchaser access to or use of the Site in the event of:
    • unexpected technical or security issues or problems; and/or
    • prolonged force majeure including natural disasters, acts of government, war, terrorism, strikes, or failures of suppliers or service providers.
  • In addition to any other rights either party may, by 1 months’ written notice to the other, terminate Your Authorised Purchaser access to the Any amounts paid in advance will be refunded at Our discretion.
 

15.  Effect of Expiry or Termination

  • On expiry or termination of Your Authorised Purchaser access to the Site:
    • We will cease to provide access to and use of the Site, including any Documents you previously paid for, as an Authorised Purchaser;
    • You must destroy all evidence of any usernames, passwords, internet protocol addresses and other likematters;
    • All payments previously made by, or on behalf of You, remain the property of Us and no party may make any claim in respect of such payments;
    • We may, but are not obliged to, delete all User Information which is held in the Site or otherwise in Our
  • Any rights which may have accrued to either party shall be
  • All rights contained in this TOU which are capable of doing so shall survive the expiration or termination of this TOU.
 

16. Warranties and Disclaimers

  • We provide the Site and Content and Documents on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law.
  • To the extent permitted by law:
    • We specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement;
    • We make no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Site, Content or any Documents;
    • We make no representations or warranties of any kind, express or implied that the Site, Content or Documents:
      • will provide any function for which it is not specifically designed;
      • will provide any minimum level of performance;
      • will meet Your needs or requirements;
      • will be virus free or free of performance anomalies or be operational without interruption;
      • will result in any particular outcome or benefit;
      • will be free of inaccuracies or typographical
    • You warrant that You have not relied upon any representations, warranties or conditions offered or made by or on behalf of Us except to the extent expressly set out in this TOU.
    • You warrant and acknowledge to Us that as at the date of this TOU and for the duration of this TOU:
      • You Were not relying on any representation made by Us;
      • You have the legal right and power to enter into this TOU;
      • This TOU is valid and binding on You, enforceable in accordance with its terms;
      • You are not insolvent and no controller has been appointed over any part of Your assets;
      • You are not bankrupt or in liquidation or administration and no proceedings have been brought or threatened for the purpose of bankrupting or winding You
 

17. Australian Consumer Law

  • Terms in this clause which are defined in the Australian Consumer Law shall have the same meaning here.
  • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    • To cancel your service contract with us; and
    • To a refund for the unused portion, or to compensation for its reduced value.
  • You are also entitled to choose a refund or replacement for major failures with goods.
  • If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
  • You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
 

18. Limitation of Liability

  • In no event shall We or any Related Entity, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with the Site or our Documents even if We are advised of the possibility or likelihood of such Loss.
  • Where the laws of any country or state in which this TOU are effective implies into this TOU any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in this TOU provided that the liability of Us, any Related Entity and Our officers, directors, employees and agents for a breach of any such term, condition or warranty, including any loss which you may sustain shall be limited, at Our option, to:
    • In the case of the Site, the supply of the Site again, or the payment of having the Site resupplied;
    • In the case of Documents, the supply of the Documents again, or the payment of having the Documents resupplied;
    • In any other case, the lesser of the total payments You pay to Us in the 12 months prior to the action giving rise to liability and $100.00.
  • The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or
 

19. Release

  • You release Us and any Related Entity and Our officers, directors, employees, agents or related bodies corporatefrom its liability for any Loss and expenses including fees arising out of:
    • Any Documents;
    • The use or inability to use the Site;
    • Reliance on the material or information available on or accessible through the Site,
    • Information, data or other material provided to You by Us;
    • The statements or actions of any employee or agent of Ours;
    • Any unauthorised access to or alteration of Your transmissions or data including User Information;

even if We have been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.

 

20. Indemnity

  • You agree to indemnify and hold Us and any Related Entity, and Our officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss and expenses including solicitors’ fees due to or arising out of or in connection with:
    • Your access to or use or misuse of the Site or any Documents;
    • Your breach of this TOU;
    • Your fraudulent, negligent or otherwise unlawful behaviour
    • Your violation of any law or the rights of a third party;

even if We had been advised of the possibility of Loss.

 

21. Acknowledgments

  • Without limiting any other clause, You acknowledge that:
    • the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
    • You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site including Content and User Information;
    • You accept all risks and responsibility for all Loss resulting from Your use of the Site or the material on or accessible through the Site;
    • We may change any of the Content at any time without notice but have no obligation to do so; and
    • No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect Your User Information, We do not warrant and cannot guarantee the security of Your User Information which You transmit through the Site. Accordingly, any User Information which You transmit through the Site is transmitted at Your own risk. Nevertheless, once transmitted We will take reasonable steps to preserve the security of such User Information. You must inform Us immediately of any breaches of security or unauthorised use of Your User Information.
 

22. Miscellaneous

  • Accessing or using the Site or any part of them and uploading User Information is done so at Your own risk and You will be responsible for compliance with the laws within Your jurisdiction.
  • We will not be liable by reason of the failure in the performance of obligations under the TOU by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond its reasonable control, including any form of technological failure or the actions of third parties.
  • Publication of electronic addresses on the Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
  • We operate the Site from offices based in Australia. Content contained on the Site is not be appropriate or available for use in other locations. If You access the Site from other locations, You do so at Your own initiative and risk and You are solely responsible for compliance with local laws.
  • The Site is hosted by WP Engine which has server locations in Asia/Pacific (Sydney, Australia). You acknowledge that data, including User Information is transmitted to overseas servers.
  • This TOU is governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland. The parties submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them. However, for Our exclusive benefit, We also retain the right to bring proceedings for urgent or injunctive legal or equitable relief in the courts of Your country of residence or Your principal place of business.
  • This TOU shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
  • If a clause of this TOU is void or unenforceable it must be severed from this TOU and the clauses that are not void or unenforceable are unaffected by the severance.
  • You agree that this TOU and all incorporated agreements may be assigned by Us, in Our sole discretion, to a related entity or third parties. You may not assign this TOU without Our express prior written consent.
  • Our failure to act with respect to a breach by You or others does not constitute a waiver of that breach or waive Our right to act with respect to that breach or subsequent or similar breaches. No waiver by a party of a provision of this TOU is binding unless made in writing.
  • Unless otherwise specified, this TOU comprises the entire understanding and agreement between You and Us with respect to the subject matter hereof.
  • The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
  • Any notice or demand in writing required to be given by Us to You shall be sufficiently served if:
    • sent in electronic form by email to Your email address; or
    • published by notice on the Site.

Image credits: https://unsplash.com/photos/man-and-woman-sitting-while-talking-during-daytime-OrGsX7eXsqE | https://unsplash.com/photos/man-and-women-walks-on-grasses-during-daytime-I-zSrQnLlX0 | https://unsplash.com/photos/macbook-on-table-near-mug-zjxYwd4HOu0 | https://unsplash.com/photos/a-man-sitting-in-front-of-a-laptop-computer-OEdkPaxYMXU