TERMS AND CONDITIONS FOR

PEA PILATES PTY LTD (ACN 650 282 965)

 

TERMS AND CONDITIONS OF USE

1. About

1.1. Welcome to https://www.peapilates.com.au/ (the Website), operated by PEA Pilates Pty Ltd (ACN 650 282 965) (the Company). The Website provides you with an opportunity to browse and purchase our online courses (the Online Courses), such to and conditional upon your acceptance of the terms and conditions of use (the Terms). The Online Courses include material with respect to mat work Pilates exercises, manuals for theory, workshops and teaching journals, together with the provision of real-time virtual teaching (the Services).

1.2. The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Definitions

2.1. Interpretation

(a) “Company” means PEA Pilates Pty Ltd (ACN 650 282 965);

(b) “Intellectual Property Rights” means all intellectual property rights and proprietary rights (whether registered or unregistered) including but not limited to any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trade marks and service marks (including, but not limited to, goodwill and other intangible rights), registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.

(c) “Manuals” means the written manuals provided to the User from the Company which includes educational information of exercises, training guides, methods, templates and techniques facilitating the Online Course;

(d) “Online Courses” has the meaning given to it in clause 1.1 of the Terms;

(e) “Questionnaire” means a goals and health survey form provided by the Company to a User that includes a request for personal information about the User;

(f) “Services” means the services offered on the Website to purchase the Online Courses, and includes the provision of real-time virtual teaching;

(g) “Terms” means these terms and conditions of use;

(h) “User”, “you” and “your” means a user of the Website and includes any individual or other entity that has purchased the Online Course made available on the Website;

(i) “we”, “our” and “us” means PEA Pilates Pty Ltd; and

(j) “Website” means www.peapilates.com.au.

3. Acceptance of the Terms

3.1. By using, browsing or making a payment through the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website, the Online Courses and the Services immediately. You also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by the Company in the user interface of the Website.

3.2. You may not use the Services or accept the Terms if:

(a) you are not of legal age to form a binding contract with the Company; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3.3. By accepting the Terms, the User also agrees to be bound by the Company’s Privacy Policy found at www.peapilates.com.au/privacy-policy/ (the Privacy Policy).

4. Access and Registration Process

4.1. To access an Online Course and the associated Services, you must place an order for the purchase for an Online Course and make payment for the Online Course. As part of the registration process, you will be required to provide personal information about yourself, including but not limited to, the following:

(a) your full name;

(b) your date of birth;

(c) your email address;

(d) a mailing address;

(e) your telephone number; and

(f) emergency contact details.

4.2. Once you have provided the information requested in clause 4.1, you will receive a welcome email (enclosing a Questionnaire). To complete the registration process, you are required to complete the Questionnaire which relates to further personal information, which includes but is not limited to:

(a) your health life goals;

(b) previous or current medical conditions or injuries;

(c) health concerns;

(d) previous Pilates training; and

(e) history of physical activity.

4.3. You agree that:

(a) any information you provide to the Company in the course of completing the registration process will always be accurate, correct and up to date;

(b) providing false, misleading or inaccurate information may result in the immediate termination of your access to the Online Course, the Services and/or the Website without notice; and

(c) the Company may use your personal information to send you emails, newsletters, telephone calls or SMS updates. If you do not wish to receive information from the Company, you may contact the Company using the Contact Us page on the Website, or pressing unsubscribe where this is made available to you.

4.4. Within 3 business days after the welcome email referenced in clause 4.2, we will send you a physical copy of the Manual to your mailing address.

5. The Services

5.1. By the Company offering its Services to you, you agree and acknowledge that:

(a) the Company has entered into the Terms and offers the Services in reliance on the acknowledgements, representations and warranties given by you in the Terms and the content provided by you in the Questionnaire;

(b) pre-exercise or other screening is not a substitute for medical advice;

(c) if you are suffering from any illness, disease, injury or other condition such as fatigue, shortness of breath or similar occurrences that could be a risk to your health or safety, you will immediately cease usage of the Services and notify the Company;

(d) there is a possibility that during exercise you may suffer from adverse changes including, but not limited to, injuries to muscles, ligaments, tendons or joints and abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances heart attack, stroke, or even death and you participate in the Online Course at your own risk;

(e) the Company and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the Services, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally; and

(f) the Online Course results vary from individual to individual. For this reason, the performance, progress and success of the Services is reliant on you and your requirements. The Company cannot and does not guarantee any particular result and you are solely responsible for your own progress and completion of the Online Course.

6. The Online Course

6.1. The Website provides you with an opportunity to purchase, review and participate in the Online Course. You are responsible for providing your own computer or device to view and participate in the Online Course.

6.2. You acknowledge and agree that the Online Course is:

(a) for educational purposes only; and

(b) is not tailored to your specific requirements or circumstances.

6.3. Upon completion of the Online Course, you will receive a certificate of attainment or PEA Pilates Mat Work Certification. You acknowledge and agree that the Company is not a registered training organisation and that the Online Course is not an accredited course or qualification assessed by the Australian Skills Quality Authority.

6.4. Once you become registered as a User of an Online Course:

(a) the Company will deliver the Online Course to you through the Website or via an audio-visual link and you will be placed into a cohort with other Users;

(b) you may select to receive the Online Course on a full-time or on a part-time basis;

(c) the Manuals will be delivered to your mailing address in anticipation of the commencement of the Online Course;

(d) the Online Course is hosted by audio visual link platforms owned and controlled by third parties (each a Third Party Platform), and by registering for an Online Course, you agree to the terms and conditions of a Third Party Platform;

(e) the Company is not responsible for, and does not endorse or accept any responsibility for, the availability, contents, products, services or use of any Third Party Platform, any platform accessed from a Third Party Platform or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. You consent to the Company providing a Third Party Platform with your personal information strictly for the purpose of using the Third Party Platform to access the Online Course;

(f) the Company may change the timing or method of delivery of the Online Course which includes but is not limited to changing the:

(i) date; and

(ii) content, the amount of content or the length of the content.

6.5. If available, as a User, you may access the Company’ online groups (the Groups). You acknowledge and agree that if you participate in any of the Groups:

(a) you will adhere to the community guidelines;

(b) you will not use the Groups to promote, sell or advertise any products, businesses, promote or advertise any free offers;

(c) you will not act in a way that is or post any comments that are harassing, threatening, abusive, violent, discriminatory, intimidating, predatory or engage in any bullying behaviour;

(d) the Company reserves the right, at any time, without prior notice and in its sole discretion, to remove and publications made by you or remove your access to the Groups; and

(e) you will not resell, collect, export or publish any of the content in the Groups, including but not limited to, any questions, answers and comments posted by other Users.

7. Your Obligations

7.1. As a User, you acknowledge and agree that:

(a) any use of the Online Course or the Services by any other person, or third parties, is strictly prohibited;

(b) you will comply with the Terms and any Online Course guidelines, manuals, instructions and directions;

(c) you will use the Website and the Services only for the purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant

jurisdictions;

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Online Course by you for the purposes of the Company providing the Services to you;

(e) you must not:

(i) use the Services or Website for anything illegal and/or unauthorised;

(ii) provide false information including false names, address and contact details;

(iii) use the Website unlawfully or in a manner that violates any applicable laws, regulations or the

Terms;

(iv) hack into any part of the Website or attempt to circumvent the Company’ security or network to

access data not intended for you;

(v) interfere with the servers or networks connected to the Website or the Services, or violate any of the procedures, policies or regulations of networks connected to the Website or the Services;

(vi) engage in conduct or access the Website in a way that will impose an unreasonable or large burden of traffic demands on the Company’s infrastructure;

(vii) act in a way that is unlawful, harassing, threatening, abusive, violent, discriminatory, intimidating, predatory or that otherwise would disrupt another’s enjoyment of the Services;

(viii) create derivative works of the Website, the Online Course or the Services;

(ix) copy, or produce a substantially similar Online Course to the one that was provided to you through the Services;

(x) resell or export the software associated with the Website or any Online Course;

(xi) resell or publish any of part of the Online Course and Manuals including any videos, written content, tools and templates provided to you throughout the Online Course;

(xii) resell the Online Course and Manuals, including any videos, written content, tools and templates

provided to you throughout the Online Course; and

(xiii) automate the use of the Website or the Services; and

(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website and its Services.

7.2. The Company reserves the right, at any time and without prior notice, to remove or disable a User’s access to the Services or to the Online Course at the Company’ sole discretion without notice and for any reason, including, but not limited to, situations where the Company, in its reasonable opinion, determines that the User has violated the Terms, or may violate the Terms.

8. Payment

8.1. You agree to pay for the cost of the Online Course and other Services the amount specified on the Website, unless otherwise agreed in writing by the Company (the Course Fee). All prices are quoted in Australian Dollars (including GST unless otherwise specified). The Company reserves the right to change or alter the Course Fee at any time, at their sole discretion and without notice.

8.2. You may be required to use a third party payment provider such as Stripe Inc. or other similar merchant facility payment gateway (the Payment Gateway Provider) when making payment of the Course Fee. You warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.

9. Non-Payment

9.1. In the event you elect to pay the Course Fee by way of direct debit and/or credit card and there is a chargeback by your credit provider, the Company may suspend or terminate the Services immediately. You will be charged the then current administration fee, available on the Website, plus GST and where there is no administration fee specified, then $30.00 plus GST on each occasion that the Course Fee fails to be processed. (Administration Fee). You also agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after 30 days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, the Company may reinstate the Services to you.

9.2. You acknowledge and agree that where a request for the payment of the Course Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the failure to process the Course Fee.

9.3. The Company reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment to the Company as required by the Terms.

10. Rescheduling

10.1. You may postpone the commencement date of the Online Course by contacting the Company in writing. You acknowledge and agree that you may not postpone the commencement date once the Online Course has already commenced.

10.2. You acknowledge and agree that the Company reserves the right to postpone the commencement and/or completion date in its sole discretion and will provide notice to the User. No refund will be provided to you if you elect to commence the Online Course at a later date. In the event that you elect to commence the Online Course at a later date, the Company will provide a credit to you that can be applied to another Online Course start date.

11. Refund and Cancellation Policy

11.1. If, for whatever reason, you are unsatisfied with the Services please contact the Company outlining why you believe you are entitled to a refund of any Course Fee so that the Company may be able to determine whether a refund should occur. The Company will not provide you with a refund where:

(a) you have not contacted the Company within 2 days from receipt of the welcome email; or

(b) the Manual has been dispatched to your mailing address; or

(c) the Online Course commencement date has passed.

11.2. Notwithstanding clause 11.1, where the Online Course has not commenced, and you have received the Manual, the Company may provide you with a partial refund for the Course Fee less the Administration Fee and all costs, disbursements and expenses incurred by the Company to print, copy and post the Manual.

11.3. Any refunds granted pursuant to this clause 11 will be at the Company’ sole discretion.

12. Copyright and Intellectual Property

12.1. The Website, the Services, the Manuals, the Online Course and all of the related documents, materials, products and services of the Company (the Material) are subject to Intellectual Property Rights under the laws of Australia and by international treaties. Unless otherwise indicated, all Intellectual Property Rights in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, lists, design elements, interactive features) are owned or controlled for these purposes and are reserved by the Company or its contributors.

12.2. The User retains all Intellectual Property Rights in any information, data, document, or photographs uploaded to the Website (the Uploaded Content). The User grants to the Company a worldwide, perpetual, irrevocable, nonexclusive, transferable, royalty-free licence to the Uploaded Content. The Company will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).

12.3. You acknowledge and agree that the Company exclusively and unconditionally owns all Intellectual Property Rights in all the Derivative Materials and the Material and documents relating to the Services, Website, Manuals and Online Course. You acknowledge and agree that to the extent that you have Moral Rights in any of the Derivative Materials and any related documents or materials, you will provide a moral rights consent to the Company.

12.4. The Company does not grant you any other rights whatsoever in relation to the Material unless expressly stated herein. All other rights are expressly reserved by the Company. 12.5. The Company grants you a revocable, limited, non-exclusive, royalty free license to view the Online Course for personal, non-commercial, educational purposes pursuant to the Terms and conditional upon the payment of the Course Fee. You may read and copy the Material to the extent necessary to use the Services and receive the Online Course, but you may not publish, resell or sub-licence it.

13. General Disclaimer

13.1. The Company does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Online Course, the Services or the Material other than provided for pursuant to the Terms and the Company does not provide any guarantees as to your success by your reliance on the information provided during the Online Course.

13.2. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. If you are not a Consumer (under the Australian Consumer Law), you agree that the Company has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services. If you are a Consumer (under the Australian Consumer Law), the Company limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.

13.3. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) the Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Online Course or the Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

13.4. Use of the Website, the Services, viewing and participating in the Online Course is at your own risk. The Website, the Services, the Manuals and the Online Course of the Company, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or  icensors of the Company (including any third party where the Online Course is made available to you) make any express or implied representation or warranty about its Material, Content, Online Course or any services (including the Services of the Company) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, the Manuals, or any of its Online Course related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services, the Manuals or any of the Online Course;

(d) the Material, Content or operation in respect to links which are provided for the User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

14. Limitation of liability

14.1. The Company’s total liability arising out of or in connection with the Services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Course Fee paid by you under the Terms or where you have not paid the Course Fee, then the total liability of the Company is the resupply of information or Services to you.

14.2. You acknowledge and agree that the Company, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits , goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, a Third Party Platform and your reliance on any information provided to you through the viewing and participation of the Online Course and Manuals, and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

14.3. The Company is not responsible or liable in any manner for any site content (including the Material, Content, Manuals, Online Course, Uploaded Materials, and third party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website, by third parties or by any of the Services offered by the Company.

14.4. The Company does not control and is not responsible for the behaviours and actions of Users. Accordingly, the Company is not responsible for any offensive, inappropriate, obscene or unlawful content or actions that you may encounter when participating in the Online Course or in connection with your use of the Services.

15. Force Majeure

15.1. Force Majeure means a circumstance beyond the reasonable control of a party, and which results in that party being unable to observe or perform an obligation on time under the Terms (other than an obligation to make a payment). Such circumstances include but are not limited to:

(a) acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;

(c) disease or a pandemic or epidemic; and

(d) failure of internet and telecommunication services.

15.2. The Company will be excused from and not liable for any delay or failure in performance hereunder, other than the payment of money, caused by reason of a Force Majeure event.

16. Indemnity

16.1. You agree to indemnify the Company its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website and/or Services, including but not limited to:

(a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;

(b) your breach of the Terms, including any misuse of the Materials and Manuals; or

(c) any activity which you engage in on the Website or through the Company.

16.2. This indemnity will survive termination of the Terms.

17. Termination of Services

17.1. The Terms will continue to apply until terminated by either you or by the Company as set out in the Terms.

17.2. The Company may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) the Company is required to do so by law;

(c) the partner, if any, with whom the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you;

(d) the Company is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the Services;

(e) the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable;

(f) if you have used the Services:

(i) in breach of any law;

(ii) in a way that is misleading or deceptive;

(iii) in a way which is unreasonable as determined by the Company at its absolute discretion; or

(iv) in a manner which can or does bring the Company into disrepute or could damage the Company’

reputation as determined by the Company at its absolute discretion.

17.3. Subject to local applicable laws, the Company reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages The Company’ name or reputation or violates the rights of those of another party.

17.4. Upon the termination of your access, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

18. Dispute Resolution

18.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

(a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

(b) On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

(c) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.

(d) The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing.

(e) It is agreed that the mediation will be held in Melbourne, Victoria.

(f) For the avoidance of doubt, the Dispute Parties need not attend the mediation or other means of resolution in person. The Dispute Parties may attempt to resolve the matter via any means of electronic communications.

(g) All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(h) If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Dispute Party may ask the mediator to terminate the mediation and the mediator must do so.

(i) In the event that the Dispute is not resolved at the conclusion of the mediation, either Dispute Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

19. Venue and Jurisdiction

19.1. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.

20. Governing Law and Jurisdiction

20.1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

21. Notice

21.1. The Company may provide any notice to you under the Terms by sending a message to your email address. The notice provided by the Company to you by email shall be deemed to have been properly given on the date the Company sends the email, regardless of whether you have received the email.

21.2. Unless specified otherwise, any notices provided by you to the Company must be in writing and sent via the Contact Us page on the Website.

22. Independent Legal Advice

22.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

23. Entire Agreement

23.1. The Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

24. Severance

24.1. If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

25. Waiver

25.1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it. 25.2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

25.3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

26. Assignment

26.1. The Company may assign or transfer its rights or obligations under the Terms without your consent. 26.2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of The Company. A purported assignment without written consent will be deemed to be void and convey no rights.

27. Contact

If you wish to notify us about anything relating to the Terms, please contact us via the Contact Us page on the Website.

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