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Terms and Conditions

Welcome to Comp Expo.
In these terms, we also refer to Comp Expo Pty Ltd as “our”, “we”, or “us”.
And you are you!

What are these terms about?

These terms apply:

  • when you use this website, being www.butterflyeffectcomp.com  and any other websites we operate with the same domain name and a different extension www.competitionexpo.com
  • when you purchase and distribute any event ticket (Ticket) for an event, course or program provided by us (each an Event), (Ticket) and your attendance at such Event (together, the “Services”).

By using the Website or accepting the Services, you agree to be bound by this agreement which forms a binding contractual agreement between you and us, Comp Expo Pty Ltd ABN 73 664 605 547 (Comp Expo, the Company, we or us).  

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 purchase a Ticket to an Event (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 when you buy a Ticket, attend an Event or browse this Website)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase Tickets 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 purchase a Ticket, the terms accepted at the point of sale will apply to your purchase of those Tickets. 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
Tickets. You can check the date at the top of this page to see when we last updated these terms.

A. Purchasing Tickets for an Event

1. Eligibility

  1. By submitting an order for the purchase of a Ticket 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 Ticket you have ordered in exchange for your payment of the total amount listed upon checkout. 
  3. When you submit an Order, 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. We reserve the right to accept or reject your Order for any reason. All Tickets are subject to availability. 
  4. In the event that you purchase Tickets to an Event on behalf of a third party, you represent and warrant that you have made that third party aware of these terms & conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these terms and conditions.
  5. Each person who attends any Event agrees to be bound by these terms & conditions which form a binding contractual agreement between the attendee and us. If you do not agree to these terms and conditions, you must not attend the relevant Event. 
  6. All Event attendees must be at least 18 years of age. 

2. Accounts

  1. To submit an Order and/or to purchase a Ticket, you may be required to sign-up, register and receive an account through the Website (an Account).
  2. As part of the Account registration process and as part of your continued use of the Website, you are 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, and other information as determined by the Company 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. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

3. Events

3.1 EVENT INCLUSIONS

  1. At the time of placing an Order, you will have the opportunity to review the inclusions/exclusions of your Ticket. Your Ticket will only include access to those inclusions as set out on our Website at the time of placing an Order. 
  2. There will be two different Ticket options available, depending on whether you are competing in the Event or spectating the Event. If you are competing in the Event you will purchase a competitors Ticket (Competitor Ticket). If you are a spectator at the Event you will purchase a spectator Ticket (Spectator Ticket). 
  3. All Competitor Tickets are linked to their relevant team, and team members in their team. 
  4. Each team captain will purchase their team members Competitor Ticket’s on their behalf and enter their team in the Event. The team captain represents and warrants that their team members are aware of these terms & conditions and acknowledge and agree that actions of their team members shall also be attributed to the team captain for the purposes of these terms and conditions.
  5. Flights, accommodation and meals (unless otherwise specified in writing, for example as part of an included dinner & drinks package) are not included in your Ticket. You are responsible for organising your flights to and from the Event location, accommodation, and food & beverages. 

3.2 EVENT VARIATIONS

  1. We reserve the right, at any time, to alter or vary:
    1. the schedule of the Event, including the published programs, attendees, workouts, activities, content presented at the Event, venue(s), seating arrangements and any other ticket categories; and
    2. the date of the Event or any other part of the Event.
  2. To the extent permitted by law, where we cancel or vary an Event, we will not be liable for any other loss, damage, charge or expense (including special, incidental or consequential) incurred by you as a result of such cancellation or variation including without limitation the costs of any travel or accommodation. You incur such expenses at your own risk. 

3.3 WORKOUTS

  1. If you are competing in the fitness competition and purchased a Competitor Ticket, an Event will include access to competing in various workouts and activities. We select the workouts entirely at our discretion. 
  2. Unless otherwise agreed or stated on our Website, a Competitor Ticket does not include any additional entitlements at the Event.
  3. We will provide you with a schedule of the Event prior to or at the start of an Event. It is your responsibility to attend the workouts at the scheduled time and location, and we will not be responsible or liable for your failure to do so. 
  4. A particular Event may include access to more than one area at the Event location (Area), at which one or more workouts may be on at the same time. It is your responsibility to determine which Area to attend, and in purchasing a Competitor Ticket you acknowledge and agree that you will not receive any additional entitlements in relation to a workout at a Area you are unable to attend. 

3.4 ATTENDEE CONDITIONS

  1. You may be denied entry into the Event, or removed from the Event if you fail to follow these terms or where we have reasonable grounds to do so including (without limitation) where we believe that you or your team have entered into the wrong division based on the entry guidelines, engaged in any illegal or disruptive activities, you are intoxicated, under the influence of illicit substances, represent a health and safety or security risk, or have acted in a manner which affects the enjoyment of the other attendees at the Event or the public. If you are removed or denied entry from the Event you will not be entitled to any refund.
  2. You acknowledge at all times you are solely responsible and liable for your own behaviour and wellbeing.
  3. You are permitted to bring your own limited personal supply of food and non-alcoholic beverages for your own consumption into the Event. You acknowledge and agree that you will not re-sell any of these products inside the Event to any other person at the Event. 
  4. All unauthorised photography and/or recording or transmitting of audio or visual matter that is used for commercial purposes is expressly prohibited at the Event. For the avoidance of doubt, you may take general photos or videos for non-commercial purposes for sharing on social media Websites such as Facebook, Twitter or Instagram. These digital images must be of a general nature, depicting the Event and/or a competitor in the Event. If any competitor requests that you do not photograph or record their workout, you must comply with such a request. 
  5. A Ticket is also subject to any additional terms and conditions of the owner or licensor of the venue where the Event is located. Admission to the Event is subject to any of the venue conditions. You agree to comply with all reasonable instructions issued by us or by the owner or licensor of the venue. 
  6. We take the needs of our customers with disabilities or other access requirements seriously and encourage people of all abilities to attend the Event. If you have access requirements, for an Event please contact us as soon as possible. We cannot guarantee that all access requirements will be met due to the range of Event locations and venues.
  7. You may be required to submit to a search of yourself and/or possessions before entering the Event. 

4. cancellations

4.1 CANCELLATION BY a Spectator 

  1. Subject to 4.3, all Spectator Ticket’s are non-refundable.
  2. If you are unable to attend an event, you may transfer your Spectator Ticket to another spectator. It is your responsibility to organise the Spectator Ticket transfer and notify us of the change in Spectator Ticket holder information.
  3. To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth), any fees paid or due in accordance with this agreement are non-refundable as a result of cancellation by you. This includes cancellation by you for reasons beyond your control. 
  4. Non-attendance of any Event or part of an Event by you for any reason does not provide the right to refund or for you to reschedule your Spectator Ticket to a later Event. 

4.2 cancellation by a Competitor

  1. In addition to clause 4.1, all Competitor Ticket’s are non-refundable. We do not offer refunds for injury, relocation or if you cannot field a full team to be eligible to compete in a team Event.
  2. If you or a team member is unable to attend an Event, you may transfer your Competitor Ticket another competitor (New Competitor Ticket Holder). It is your responsibility to organise the Competitor Ticket transfer to the New Competitor Ticket Holder and notify us of the change in Competitor Ticket holder information.
  3. If you do not notify us of the change in Competitor Ticket holder information, we will not be responsible if the New Competitor Ticket Holder is denied entry or unable to compete at the Event. If this occurs, you and/or the New Competitor Ticket Holder will not be eligible for a refund of fees paid.
  4. If you are required to withdraw your team from an Event, you must notify us as soon as possible. 
  5. To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth), any fees paid or due in accordance with this agreement are non-refundable as a result of cancellation by your team. This includes cancellation by you for reasons beyond your control. 
  6. Non-attendance of any Event or part of an Event by your team for any reason does not provide the right to refund or for you or your team to reschedule Competitor Ticket to a later Event. 

4.3 CANCELLATIONS BY US

  1. If we are required to cancel, reschedule or materially alter an Event before the Event begins, we will notify you as soon as possible, and provide you with a full refund of any fees paid for such Ticket or Event or offer you an exchange for an alternative Event or credit (if we consider this possible). A material alternation of an Event is a change which will make the Event materially different to the Event that the customer had purchased the Ticket anticipating to attend (Material Alteration). For the avoidance of doubt, any changes to the schedule, workouts and location will not be defined as a Material Alteration. 
  2. If we are required to cancel an Event part way through an Event, we will notify you and provide you with a partial refund of any fees paid for such Ticket or Event or offer you an exchange for an alternative Event or credit (if we consider this possible).
  3. It is your responsibility to check that an Event has not been cancelled, rescheduled or made subject to a Material Alteration. We will update our Website, and relevant social media with any new or update information on an Event as soon as reasonably practicable.  
  4. All refunds will be offered and processed during a set period of time (Refund Window). We will notify you of the Refund Window, and during this period you must provide us with all requested information to obtain a refund under clause 4.3(a) or 4.3(b). If you do not comply with this clause 4.3(d), you will not be eligible for a refund and your Ticket will remain valid for the rescheduled Event. 
  5. Any approved refunds will only be made to the person who purchased the Tickets. We will endeavour to process any refund within 28 days of the cancellation, reschedule or Material Alteration. 

5. DISCLAIMERS

  1. Spectator Ticket
    1. You acknowledge and agree that your use of the Services (including attendance at an Event) is at your own risk. 
  2. Competitor Ticket
    1. You acknowledge and agree that as part of an Event, where you participate in the workout or any other form of physical activity (Activities):
      1. while we make every effort to ensure that all competitors are safe during the Activities, the Event will be extremely strenuous on your body and is designed to push your physical abilities, and your use of the Services (including relevantly your participation and attendance at an Event) involves the potential for serious injuries such as bruising, falls, sprains, illness, twists, cramps, fractured bones, broken bones, torn ligaments, injury through equipment failure and similar injuries and even death.
      2. you participate in the Activities with full knowledge of the possibility of sustaining a significant injury at your own risk and exclude Comp Expo from liability in relation to you sustaining any such injuries;
      3. while we use our best endeavours to ensure that the Event, Services, any facilities and/or equipment are safe, and free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other competitors. You agree that we will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on our behalf;
      4. The Services may provide support, guidance and tools to assist you to demonstrate techniques, set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, are your sole responsibility. We will not be responsible for any decisions that you make, nor any loss, damage, charge or expense (including special, incidental or consequential) that may arise out of any decision made by you at any time;
      5. you assume all risks and liability for injuries to or deaths of persons or damage to property arising in connection with your participation in the Activities;
      6. before participating in any Activities, you must evaluate whether your current skills and physical condition allow you to participate in the exercise in a safe manner;
      7. if you sustain an injury, you must immediately stop participating in the Activities and seek medical attention; and
      8. if you notice an unsafe situation during an Activity or notice another participant with an injury, you must immediately notify us or Comp Expo’s personnel. 
  3. All Ticket holders
    1. To the maximum extent permitted by law, the Services and each Event are provided without any warranties, representations, or conditions of any kind, whether express, implied or statutory. You acknowledge and agree that:
      1. we are not responsible for any serious injury or death provided through the Services and each Event. 
      2. you are solely responsible for following or not following, or undertaking research of, or making an assessment of any information given through the Services and each Event; and
      3. you are solely responsible for your behaviour and wellbeing at the Services and each Event.
  4. You will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Event.

6. TICKETING SYSTEM

We may direct you to a third-party ticketing platform (currently Competition Corner (Ticketing System) to complete your Order and enable you to purchase a Ticket for an Event. You acknowledge and agree that:

  1. the issuing of Tickets by the Ticketing Systems will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Ticketing System and we are not liable for the security or performance of the Ticketing System;
  2. the Ticketing System may charge a transaction fee in addition to any Fees payable for the Ticket;
  3. once the Ticket is issued to you by the Ticketing System, additional charges may be charged if you need to update the details on your Ticket; and
  4. you are responsible for ensuring the details on the Ticket are correct and we will not be responsible for any incorrect or incomplete information you provide to us in an Order and you agree to indemnify us for any loss or damage incurred as a result of providing such information.

7. PAYMENT

  1. You must pay the fees for Tickets (Fees) in the amounts, and on or before the due dates, set out at the time of placing an Order. You must pay the deposit via our Website at the time of placing an Order to secure your Ticket. 
  2. Unless otherwise indicated, amounts stated on the 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.
  3. We reserve 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).
  4. We may use third-party payment providers (Payment Providers) to collect payments for Tickets, currently Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  5. In the event that we discover an error or inaccuracy in the price at which your Order was purchased, we will attempt to contact you as soon as possible and discuss options to rectifying the error. 
  6. We may at our sole discretion allow you to pay the Fees in instalments. If we allow payment in instalments, you must pay each instalment in the amounts and at the times advised by us at the time of placing an Order.
    1. If you have purchased a Ticket under 7(f), the first instalment will be considered a deposit, and is non-refundable under any circumstances. All instalments must be paid within 72 hours of their due date, and will be deemed a failed payment if not paid within this time frame.
    2. In addition to clause 4, if you fail to comply with 7(f), and you are:
      1. a competitor in an Event, you will have been deemed to have forfeited your team’s position in the Event and you will not be eligible for a refund. 
      2. a spectator at an Event, you will have been deemed to have forfeited your Spectator Ticket to the Event and you will not be eligible for a refund.

8. INTELLECTUAL PROPERTY

You acknowledge and agree that: 

  1. We retain ownership of all materials developed or provided (or both, as the case may be) in connection with an Event or Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  2. you will not copy, reproduce, alter, modify, create derivative works, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Service Content except with our prior written permission or the relevant third party authorised to grant such permission and when doing so you must adequately acknowledge us or the relevant third party.
  3. In this clause 8, “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 this agreement both in Australia and throughout the world.

9. Photos & Filming Consent

  1. You acknowledge and agree that we (or an authorised agent of ours) may take photos and/or videos of you in connection with the provision of the Services (including your participation or attendance at an Event).
  2. You authorise and consent to us using any photograph or video of you taken during the provision of the Services including relevantly any Event, for any purpose including for promotional and marketing purposes of future events. You warrant that you have the permission of all attendees who you arrange to attend the Event to take and use such photos and videos.

10. THIRD PARTY CONTENT

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

11. 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 or otherwise set out in these terms), 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 Website or any services related to Website and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

12. Third party providers

To the extent permitted by law, neither we nor any of our directors or employees are liable for any loss or damage suffered by you in connection with third party providers over whom we have no direct control. This includes without limitation the provider of any venue or catering. 

Where other materials (including food or drink items) is provided by a third party provider:

  1. other materials are not endorsed by us in anyway (except where we otherwise expressly advise);
  2. we do not take steps to verify the accuracy, completeness or otherwise of other materials and as such provide no warranty or representations of other materials;
  3. we are not responsible for any other materials;
  4. with respect to food or drink items:
    1. actual nutrient values, information and serving sizes labelled on the items are provided by a third party unrelated to us and we are not liable for such;
    2. information provided by a third party is approximate and intended to be used as a guide only;
    3. we do not guarantee that any food or drink is safe to consume, and you consume such at your own risk; and
    4. no allergen or nutritional information provided by a third party should ever be considered a guarantee, and we will not be liable for any loss or damage arising in connection with adverse reactions to food or drink consumed or other items you may come into contact with in connection with the Services.

B. For When You Browse This Website

13. 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.

14. YOUR OBLIGATIONS

  1. You must not:
    1. make any automated use of the Website and you must not copy, reproduce, translate, adapt, vary or modify the Website without the express written consent of Comp Expo; 
    2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Tickets;
    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 any way that may harm the reputation of Comp Expo or associated or interested parties or do anything at all contrary to the interests of Comp Expo or the Website; 
    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.

15. 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 all times;
    3. information you receive or supply through the Website may not be secure or confidential; and
    4. 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 descriptions, prices and other Website Content.

16. INTELLECTUAL PROPERTY

  1. Comp Expo 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. reproduce, alter, modify, create derivative works, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Website or Website Content without prior written consent from Comp Expo or as permitted by law.
  3. In this clause 8, “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 this agreement both in Australia and throughout the world.

17. THIRD PARTY TERMS AND CONDITIONS

  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 or otherwise set out in these terms), 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 Website or any services related to Website and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

18. 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.

19. THIRD PARTY WEBSITE

  1. This Website is powered by a third party Website and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. 
  2. To the maximum extent permitted under applicable law and our agreement with our third party Website 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.

20. SECURITY

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

21. 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.

22. CONFIDENTIALITY

You agree that:

  1. no information owned by us, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  2. all communications involving the details of other users on the Website are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

23. PRIVACY

You agree to be bound by the clauses outlined in the our Privacy Policy, which can be accessed here. 

24. COLLECTION NOTICE

  1. We collect personal information about you in order to enable you to access and use the Website, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information. 

C. Legal Terms

25. WARRANTIES

  1. To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  2. 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 services provided.

26. liability and indemnities

  1. liability
    1. To the maximum extent permitted by law and subject to clause 26.1(b), the total liability of each party (being you and us) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the total Fees paid to us by you in respect of the Event giving rise to the relevant liability.
    2. Clause 26.1(a) does not apply to your liability in respect of loss or damage sustained by the Company arising from your breach of:
      1. clause 3 (Events);
      2. clause 4 (Cancellation);
      3. clause 8 (Intellectual Property Rights];
      4. clause 14 (your obligations on the website);
      5. clause 16 (Intellectual Property Rights on the website); and
      6. clause 22 (Confidentiality).
  1. Consequential Loss
    1. 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 goods 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).

27. FORCE MAJEURE

  1. We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event. 
  2. If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
    1. reasonable details of the Force Majeure Event; and
    2. so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.
  3. Subject to compliance with clause 27(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
  4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:
    1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
    2. strikes or other industrial action outside of our control; 
    3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
    4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform its obligations.

28. NOTICES

  1. A notice or other communication to a party under this agreement must be:
    1. in writing and in English; and
    2. delivered via email to the other party, to the email address specified on our Website, or if no email address is specified on our Website, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  2. 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:
    1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    2. when replied to by the other party,

whichever is earlier.

29. GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, 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.

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.

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.

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.

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.

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.

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.

INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (currency) a reference to $, or “dollar”, is to Australian currency;
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (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;
  • (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;
  • (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;
  • (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;
  • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (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.

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