Terms & Conditions

1 INTRODUCTION

Zinc Rejuvenation, Wellness and Recovery Pty Ltd (Zinc Wellness) ABN: 48687051798 (our, we or us) provides a wellness clinic (Wellness Services). Wellness Services can be obtained by the Participant on a one-off casual basis (Casual Session), on a multiple session purchase (Multiple Session) or on an ongoing membership basis (Membership). These terms and conditions (Terms) govern Zinc Wellness’s supply of Wellness Services to you or where applicable, the person for whom you are the guardian, (the Participant, you, your).
By making a booking or otherwise making payment for Wellness Services (Booking), you automatically become a Participant of Zinc Wellness Clinic. Accordingly, you agree to be bound by these Terms.
We may change these Terms at any time by updating the Terms and Conditions page on our website, and your participation in the Wellness Services following such an update will represent an agreement by you to be bound by the Terms as amended.

2 TERM

This agreement commences on the date you make a Booking and continues until terminated in accordance with clause 15.
If you are on a Membership, after the expiry of the minimum term of twelve (12) weeks (Minimum Term), this agreement will automatically renew based on the period set out in your Membership until terminated in accordance with clause 15.

3 ACCOUNT

(a) To make a Booking for Wellness Services, you will be required to download the Zinc Wellness App, being our booking platform hosted by third party, GymMaster (Booking Platform) and register an account (Account).

(b) As part of the Account registration process, 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 and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c) You warrant that any information given to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

(d) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.

3.2 MAKING A BOOKING

(a)To receive Wellness services, you will be required to purchase a Membership or purchase a Casual Session or purchase Multiple Sessions.

(b)The types and varying inclusions of Wellness Services offered by us including fees and details of inclusions, are as set out on our website or Booking Platform from time to time or as communicated to you in writing.

(c) (Casual and Multiple) For Casual Sessions or Multiple Sessions, you will be required to pay upfront before making a Booking for the time slot you wish to receive the Wellness Services.

(d) (Members) For Memberships:

(i)That are paid weekly, you will be entitled to:

Bronze Membership – 1 service per week (7 days)
Silver Membership – 3 services per fortnight (14 days)
Gold membership – 2 services per week
Platinum Membership – 3 services per week
Diamond Membership – unlimited services
Where you have booked a particular Wellness Service, whether a Casual Session or a Membership, you are restricted to attending sessions within your specifically booked appointment times as outlined in your Booking.

4 DISCLAIMERS

(a) (Risk of injury) You understand and acknowledge that Wellness Services may expose you to risk, including accidents, injury, illness or even death. You assume all risk of injuries associated with participation in Wellness Services, including but not limited to, falls, contact with other participants, equipment failure, risks inherent in receiving Wellness Services and the loss of your personal property, and exclude Zinc Rejuvenation, Wellness and Recovery Pty Ltd from any liability.

(b)(Pre-existing injury) You warrant and represent that you have no injuries, physical restrictions, disabilities or predispositions to sickness or injury (Conditions) that may affect your participation in receiving Wellness Services or that if you are aware of such Conditions, you participate in any Wellness Services provided by Zinc Rejuvenation, Wellness and Recovery Pty Ltd entirely at your own risk. If you believe Wellness Services will not be safe, you must inform the relevant Supervisor of that fact and not participate in such Wellness Services.

(c) (Results not guaranteed) We make no representations or warranties that Wellness Services will bring about any particular result, outcome or improvement. You acknowledge and agree that participation in Wellness Services does not guarantee any particular result or outcome and that results differ for each Participant depending on personal circumstances.

5 PARTICIPANT’S OBLIGATIONS

5.1 GENERAL

(a)You must provide us with all documentation, information and assistance reasonably required for us to provide Wellness Services.

(b)You must participate in any briefings and/or introductions as notified by us, which includes the signing of any waiver forms and acknowledging the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility rules prior to engaging in any Wellness Services.

(c)If you are the Participant’s guardian and the Participant is under your care; you must ensure that the Participant complies with these terms and agree to the terms of this agreement in respect of the Participant.

5.2 CAPACITY AND AGE

(a)You warrant that you:

(i)have the legal capacity and are of sufficient age (18 or over) to enter into a binding contract with Zinc Rejuvenation, Wellness and Recovery Pty Ltd; and/or.

(ii)are the guardian of the Participant who consents to this agreement on behalf of the Participant.

(b)You acknowledge and agree that you must be at least 18 years old to participate in Wellness Services

(c)Subject to this clause 5.1, if you are a legal guardian entering into these into these Terms on behalf of a participant:

(i)you indemnify and hold harmless Zinc Rejuvenation, Wellness and Recovery Pty Ltd for any claim attempted to be made by the Participant on the basis of a claim that the Participant is a third party to these Terms (and otherwise indemnify us in accordance with these Terms); and

(ii)you consent to us engaging with the Participant for the purpose of providing Wellness Services as set out in these Terms.

5.3 INSTRUCTIONS AND SAFETY

You warrant that you:

(a) (assistance during staffed hours) must only make a Booking during staffed hours, as advertised on our website.

(b) (access to the facility) must ensure the Booking Platform is downloaded to your mobile phone to ensure access to the necessary QR code which shall be scanned to gain entry to the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility service access doors.

(c) (entry time) acknowledge that you will be allowed access to enter the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility on commencement of your Booking.

(d) (exit time) will be respectful of your Booking time and ensure you have departed the Wellness Room at the conclusion of your Booking.

(e)comply with any safety guidelines, instructions and/or rules that our Personnel provide to them.

(f)do all things necessary to assist with the completion of an incident report where required by us.

(g)stop participating in any Wellness Services, and alert us or our Personnel, if you have any concerns about your health or safety or if you start feeling dizzy, faint, unwell or feel any unusual pain during Wellness Services; and

(h)be responsible for your own safety and that of any person under guardianship for whom you have signed responsibility

(i)will use the equipment strictly in accordance with Zinc Rejuvenation, Wellness and Recovery Pty Ltd instructions as provided via the instructions provided in the room, and via the hyperlink sent to you in our welcome email (Instructions). You acknowledge that failure to use the equipment in accordance with the Instructions is likely to result in the equipment not functioning properly or leading to non-desirable wellness outcomes or damage. You agree that Zinc Rejuvenation, Wellness and Recovery Pty Ltd will not be liable for any loss or damage arising out of your failure to use the equipment in accordance with the Instructions and will indemnify Zinc Rejuvenation, Wellness and Recovery Pty Ltd for such loss or damage.

5.4 EQUIPMENT USE AND BEHAVIOUR

You must:

(a)only use the equipment in the manner to which it is designed and for the purpose it is intended for.

(b)only use the equipment in accordance with the instructions, requirements and policies of Zinc Rejuvenation, Wellness and Recovery Pty Ltd, as notified to you.

(c)not use abusive, offensive or threatening language or behaviour while within the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility.

(d)not make any alterations to, mark or damage the equipment.

(e)at all times wear clothing appropriate for Wellness Services you are undertaking and/or as instructed by us from time to time; and

(i)not enter the facility while under the influence of drugs or alcohol; and

(ii)not smoke, consume alcohol, drugs, or food.

(f) not use the equipment and/or facilities without seeking instructions from our Personnel if you are not familiar with the equipment and/or facilities.

(g)(sharing/tailgating) while you can bring another person into the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility, you must not allow anyone that does not have a Booking to use the equipment or otherwise enter the Wellness Room. Failure to comply with this requirement may result in the suspension or termination of Membership. You may not bring children into the Wellness Room.

(h)(Cleanliness) you are required to ensure the cleanliness and hygiene of the wellness equipment after each use. This includes the removal of any wipes, disposable items or personal belongings, leaving the equipment in a clean and ready-to-use condition. Failure to comply with this requirement may result in the suspension or termination of Membership.

5.5 POSSESSIONS

(a)You are responsible for your possessions while within the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility. We will not be liable if any of your possessions are lost and/or stolen at the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility.

(b)Where you have stored your possessions within the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility, we will not be liable if your possessions are lost and/or stolen. You leave any possessions within the Zinc Rejuvenation, Wellness and Recovery Pty Ltd facility at your own risk.

(c)All Zinc Rejuvenation, Wellness and Recovery Pty Ltd equipment (towels, décor items, posters, and otherwise) are the property of Zinc Rejuvenation, Wellness and Recovery Pty Ltd and must always remain at the facility. If you take with you any Zinc Rejuvenation, Wellness and Recovery Pty Ltd equipment, it will be considered a breach of this agreement.

6 PAYMENT

6.1 FEES

All Fees are:

as displayed and accepted by you at the time of checkout (Fees).
in Australian Dollars; and
subject to change without notice prior to payment being received.

6.2 PAYMENT OBLIGATIONS

(a)If purchasing a Casual Session or Multiple Sessions, you must pay the Fees in full at the time of making a Booking.

(b)If purchasing a Membership, you must pay the Fees at the time and frequency as communicated to you in the Membership plan on our website or Booking Platform.

(c)You acknowledge and agree that if purchasing a Membership, or you are an existing Member, and you fail to pay the Fees at the time communicated to you in the Membership Plan, you may lose the ability to book future sessions.

6.3 DIRECT DEBIT

If the Participant agrees to pay via direct debit (DD), the Participant:

(a) authorises DD in line with Zinc Rejuvenation, Wellness and Recovery Pty Ltd Payment Provider’s separate DD authorisation form (DD Authorisation Form) and any DD agreement (DD agreement) as applicable.

(b)agree to enter into any DD agreement required by Zinc Rejuvenation, Wellness and Recovery Pty Ltd Payment Provider.

(c) authorise Zinc Rejuvenation, Wellness and Recovery Pty Ltd to charge the Participant’s bank account or credit card in advance in line with any DD Authorisation Form and any DD agreement.

(d) must ensure that there are sufficient funds available in the Participant’s account to allow Zinc Rejuvenation, Wellness and Recovery Pty Ltd Payment Provider to debit the Fees payable.

(e) acknowledges and agrees that there may be additional payments required from the Payment Provider if the Participant misses or fails to make any payment and these terms are separate and in addition to these terms; and

(f) acknowledge that Zinc Rejuvenation, Wellness and Recovery Pty Ltd will not pay any charge back amount if the Participant fails to cancel their Membership. By choosing a recurring payment plan, the Participant acknowledges that the Membership has an initial and recurring payment feature, and the Participant accepts responsibility for all recurring charges prior to their cancellation of the Membership. Zinc Rejuvenation, Wellness and Recovery Pty Ltd may submit periodic charges for the Fees without further authorisation from the Participant, until the Participant provides prior written notice (receipt of which is confirmed by Zinc Rejuvenation, Wellness and Recovery Pty Ltd) that the Participant has terminated this authorisation or wishes to change the payment method. Such notice will not affect charges submitted before Zinc Rejuvenation, Wellness and Recovery Pty Ltd could reasonably act on such notice. To terminate the Participant’s authorisation or change the payment method, please contact Zinc Rejuvenation, Wellness and Recovery Pty Ltd via our website.

6.4 INVOICES

Unless otherwise agreed:

(a)if Zinc Rejuvenation, Wellness and Recovery Pty Ltd issues an invoice to the Member, payment must be made by the time(s) specified in such invoice; and

(b)in all other circumstances, the Member must pay for all services within 1 week of receiving an invoice for amounts payable.

6.5 GST

Unless otherwise indicated, amounts stated on our website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

6.6 CARD SURCHARGE 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).

6.7 ONLINE PAYMENT PARTNER

(a)We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Wellness Services. At the time of this agreement, we use Ezidebit whose terms are available here.

(b)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.

(c)We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.

6.8 PRICING ERRORS

In the event that we discover an error or inaccuracy in the Fees for your booking, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing Wellness Services at the correct Fee or cancelling your booking. If you choose to cancel your booking and the Fees have already been debited, the full amount will be credited back to your original method of payment.

7 GIFT CARDS AND PROMOTIONS

(a)We may issue gift cards for use on our website. 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.

(b) Gift cards are valid for 3 years from the date of purchase.

(c) Gift cards may be transferred to different person. Please contact us if you would like to transfer your gift card to a different person.

(d) Gift cards may be used in any number of transactions.

(e) 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.

7.2 VOUCHERS AND DISCOUNT CODES

(a) We may provide promotional materials and discount codes offering a discount on Wellness Services (Voucher). To use a Voucher, you will need to enter its code at checkout.

(b) A Voucher can only be applied at the time of making a Booking and not retrospectively to a Booking. Vouchers are non-transferrable and cannot be redeemed for cash or credit.

8 THIRD PARTY GOODS AND WELLNESS SERVICES

(a) Any Service that requires us to acquire goods and Wellness Services supplied by a third party on behalf of you may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b) You agree to familiarise yourself with any Third-Party Terms applicable to any such goods and services and, by instructing us to acquire the goods or services on your behalf, you will be taken to have agreed to such Third-Party Terms.

9 REFUNDS, RESCHEDULING AND CANCELLATIONS

9.1 REFUNDS

(a) You acknowledge and agree:

(I) that the Fees are non-refundable for change of mind or after receiving the services whereby you are unsatisfied with the results; and

(ii) that no refund will be given where a Booking is unused or missed by you.

(b) Where you are unsatisfied with the results, Zinc Rejuvenation, Wellness and Recovery Pty Ltd in its sole discretion, may offer an additional session with support from Zinc Rejuvenation, Wellness and Recovery Pty Ltd personnel.

(c) Memberships paid in full are considered non-refundable. However, transferrable to another suitable individual (transfer fee of $25 applies). All transfer requests must be put in writing to admin@zincwellness.com.au.

(d) Nothing in this clause is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL).

9.2 RESCHEDULING AND CANCELLATIONS

(a) We may need to reschedule our Wellness Services or limit the availability of our facilities on a temporary basis at any time, including as a result of any decision of a government authority in relation to COVID-19 or other community spread virus or disease or any threat of COVID-19 or other community spread virus or disease beyond our reasonable control; for the purposes of repairs, cleaning, maintenance, private functions or public holidays. We will notify you as soon as possible if it needs to reschedule a booked Wellness Services (Notification).

(b) Where you have made a Booking for Wellness Services, you may cancel or reschedule no later than 60 minutes before the Booking start time through the Booking Platform. If you have a Booking for a Casual Session, you will be entitled to a credit.

(d)If you fail to attend your Booking at all, your Wellness Services will be considered missed and, in such case, you will not be entitled to a refund or credit of the value of the Wellness Services.

9.3 SUSPENSIONS

(a) In the event that a Member wishes to suspend their Membership, Members must provide Zinc Rejuvenation, Wellness and Recovery Pty Ltd with a request in writing at least five (5) days from the date the suspension commences. This can be done by emailing admin@zincwellness.com.au or using the functionality of the Booking Platform.

(b) Members acknowledge and agree that a suspension must only be for a period greater equal to or greater than one (1) week and equal to or less than six (6) consecutive weeks.

(c) Zinc Rejuvenation, Wellness and Recovery Pty Ltd reserves the right to reject a request for a suspension longer than six (6) weeks.

10 INTELLECTUAL PROPERTY

You will not acquire Intellectual Property Rights in our IP under these Terms or as part of receiving Wellness Services.
For the purposes of this clause 10:

(I) ” Zinc Rejuvenation, Wellness and Recovery Pty Ltd IP” means the Material produced, owned or licenced by Zinc Rejuvenation, Wellness and Recovery Pty Ltd prior to or developed in the course of providing Wellness Services, either alone or in conjunction with the Participant or others, and any Intellectual Property Rights attaching to that Material.

(ii) “Intellectual Property Rights” means any and all 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 time of Booking, whether registered or unregistered.

(iii) “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

11 WARRANTIES

(a)To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in these Terms are excluded.

(b)Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Participant may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or Wellness Services provided.

12 LIABILITY AND INDEMNITIES

12.1 NO RELIANCE

You acknowledge that in paying for Wellness Services and entering this agreement you did not rely on advice or coercion from Zinc Rejuvenation, Wellness and Recovery Pty Ltd and that you are satisfied with the condition and suitability of the equipment and Wellness Services and their fitness for your intended purpose.

12.2 LIABILITY

To the maximum extent permitted under applicable law, and without limiting any rights under the Competition and Consumer Act 2010 (Cth) Zinc Rejuvenation, Wellness and Recovery Pty Ltd liability for all claims (whether they are for breach of this agreement, negligence or otherwise, and whether they are for economic loss, for personal injury or other damage) arising under or in connection with this agreement:

(a)is excluded where it is liability for:

(i)any indirect, special and consequential damages.

(ii)damages (whether direct or indirect) reflecting loss of revenue.

(iii)loss of profits or loss of goodwill; and

(b)is limited, where it is other liability, to the total money paid to Zinc Rejuvenation, Wellness and Recovery Pty Ltd under this agreement on the date of the event resulting in the relevant liability (or, where there are multiple events, the date of the first such event).

12.3 INDEMNITY

You indemnify Zinc Rejuvenation, Wellness and Recovery Pty Ltd from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

(a) any breach of this agreement by you.

(b) any negligent, fraudulent or criminal act or omission by you; or

13 WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or Wellness Services provided.

14 PRIVACY

You agree to be bound by our Privacy Policy, which is available [here].

15 TERMINATION

15.1 BY ZINC REJUVENATION, WELLNESS AND RECOVERY PTY LTD.

Zinc Rejuvenation, Wellness and Recovery Pty Ltd may terminate this agreement in whole or in part immediately by written notice to you if you are in breach of any term of this agreement.

15.2 NOTICE – ALL MEMBERS

If you are a Member, you may terminate this agreement for convenience after the expiry of the Minimum Term, by providing at least 5 days’ written notice to Zinc Rejuvenation, Wellness and Recovery Pty Ltd.

15.3 NOTICE – CASUAL PARTICIPANTS

If you have purchased a Casual Session, you are not entitled to a refund for any unused Booking in accordance with clause 9.

15.4 EFFECT OF TERMINATION

Upon termination of this agreement:

(a) the Member will have access to the Wellness Services until the end of the current Membership cycle after expiry of the Minimum Term, e.g., if the Membership is weekly then the Member will have access until the end of the week they have paid for after which the Membership will terminate.

(b) the Member must pay all amounts owing as at the date of termination; and

15.5 SURVIVAL

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

16 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with these Terms 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 these Terms 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.

(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. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

17 MORCE MAJEURE

(a) If we become unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, we must give to you prompt written notice of:

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

(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 17 the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(d) For the purposes of these Terms, a ‘Force Majeure Event’ means any:

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

(ii)strikes or other industrial action outside of the control of Zinc Rejuvenation, Wellness and Recovery Pty Ltd.

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

(iv)any decision of a government authority in relation to COVID-19 or other contaminable virus or disease, or any threat of COVID-19 or other contaminable virus or disease, beyond the reasonable control of Zinc Rejuvenation, Wellness and Recovery Pty Ltd, to the extent it affects Zinc Rejuvenation, Wellness and Recovery Pty Ltd ability to perform its obligations.

18 NOTICES

(a) A notice or other communication to a party under these Terms must be in writing and delivered via email to the other party, to the email address most regularly used by the parties to correspond (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 an email was not delivered to the other party’s Email Address, notice will be taken to be given 24 hours after the email was sent, or when replied to by the other party, whichever is earlier.

19 GENERAL

19.1 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 this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.3 SEVERANCE

Any term of this agreement 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 this agreement is not limited or otherwise affected.

19.4 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.

19.5 ASSIGNMENT

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

19.6 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 this agreement.

19.7 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa).

(b) (gender) words indicating a gender includes 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, 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) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it.

(g) (document) a reference to a document (including this agreement) 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.

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.