Last updated on 10 February 2023

Atrium Fragrance Limited

Company no. 14076040

 

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Atrium Fragrance Limited (Atrium Fragrance).

In these terms, we also refer to Atrium Fragrance as “our”, “we”, or “us”.

And you are you!

What are these terms about?

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

These terms also apply when you purchase products and services through this Website (“Products”). Atrium Fragrance abides by  the By-Laws, Code of Practice and Standards of the International Fragrance Association.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://atriumfragrance.com/pages/privacy-policy

 

How do I read these terms?

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

Those parts are:

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

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

 

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

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

 

• For When You Buy Products…

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your Products, in some cases, you can change your mind and get a full refund.

 

The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all our Products are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.

If this Act applies to you, subject to your compliance to keep the cellophane wrapper of the Product intact, you’re entitled to a refund of the Product if your claim is made not more than 30 days after the date of purchase.

This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

If you have any questions about this contract or any orders you have placed, please contact us by sending an email to: contact@atriumfragrance.com.

• SUBMITTING AN ORDER
  • ORDERS
    • By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
      • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      • you are authorised to use the debit or credit card you provide with your Order.
    • Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
    • 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.
  • INFORMATION WE GIVE YOU
    • By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these terms. If you cannot access this information for any reason, you are welcome to contact us using the functionality on the Website, or at the contact email address above, and we will provide you with a copy of this information.
    • The key information we give you by law forms part of this contract (as though it is set out in full here).
    • If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
  • ACCOUNTS
    • ACCOUNTS
      • In order to use some of the functionality of the Website, you will be required to sign-up, register and receive an account through the Website (an Account).
      • 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, relationship status, living preferences (including area, residence type), mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications and authentications, and other information as determined by Atrium Fragrance from time to time.
      • You agree that you’re solely responsible for:
        • maintaining the confidentiality and security of your Account information and your password; and
        • any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
      • You warrant that any information you give to Atrium Fragrance in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
      • Once you complete the Account registration process, Atrium Fragrance may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
      • Atrium Fragrance reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
      • Atrium Fragrance may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.
      • You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
      • We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
      • You agree to release Atrium Fragrance from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.
    • ACCOUNT CANCELLATION
      • (Cancellation by you) You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on the Website.
      • (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Website at any time without notice, for any reason, provided that we refund to you any fees for Products which you have paid for and not received. We may also terminate your access to any or all of the Website at any time without notice without issuing a refund if you breach any provision of these terms.
    • PRODUCTS
      • PRODUCTS
        • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website. We try to make sure that:
          • all weights, sizes and measurements set out on the Website are as accurate as possible, but due to the nature of the Products, there may be some small deviations in such weights, sizes and measurements in the actual Products than those specified on the Website; and
          • the colours of our Products are displayed accurately on the site, the actual colours that you see on your device may vary depending on the device that you use.
        • Until the price of your Products is paid in full, title in those Products is retained by Atrium Fragrance. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
        • The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products we provide to you must be as described, fit for purpose and of satisfactory quality.
        • We are under a legal duty to supply you with Products that are in conformity with this contract (subject to your Order being accepted and confirmed).
        • The packaging of the Products may be different from that shown on the Website.
      • Samples
        • From time to time, we may offer samples of selected Products to you for purchase (Sample).
        • The price of the Sample will be as set out on our Website;
        • When you have submitted an order for a Sample, you will be issued credit, with the amount of issued credit as set out in your Order (Credit).
        • You can redeem Credit when you purchase certain Products, as set out on our Website from time to time.
        • Credit:
          • is only valid for the period of time as set out on our Website, after which time the Credit will be cancelled;
          • may only be redeemed for applicable Products through the Website;
          • cannot be used towards delivery fees;
          • is non-transferrable; and
          • is not redeemable for cash.
        • FAULTY PRODUCTS
          • Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
            • contact us using the contact details on our site; or
            • visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
          • Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights under law.
          • If your Product is faulty, please contact us using the contact details at the top of this page.
        • PAYMENT
          • All prices are:
            • per unit (except where otherwise indicated);
            • in British Pounds (except where otherwise indicated); and
            • subject to change prior to you completing an Order without notice.
          • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
          • (VAT) Unless otherwise indicated, amounts stated in an Order do not include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us including that amount in the Order, or otherwise providing a tax invoice.
          • (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, including shopify.com. 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. Shopify.com’s terms of use are available here: https://www.shopify.com/legal/terms and are binding on you.
          • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
        • DELIVERY AND SHIPPING

 

• We only offer shipping via the applicable express delivery for your region for Orders. The applicable delivery costs are as set out on our website from time to time, and will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
• If you place an Order for a Sample, we will ship the Sample to you via the applicable express delivery for your region. The delivery costs are as set out on our website from time to time, and will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you
• Note that as fragrances are flammable, they must be transported by land which may have an effect on delivery times.
• The estimated date and time window for delivery of Products is set out in your Order and, depending on your region, is typically 1-5 days from purchase.
• If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
• Delivery will take place to the address provided by you when you placed your Order with us.
• Unless we agree in writing otherwise, if we cannot deliver your Product within 30 days of the date of your confirmation email, we will:
  • let you know;
  • cancel your Order; and
  • give you a refund.
• You are responsible for any Products once it has been delivered to the address specified by you when you placed your Order. In other words, the risk in the Product passes to you when you take, or a third party notified by you takes, possession of the Product.
• Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to the courier through the link in your confirmation email. If there is still an issue, we will endeavour to assist you to ensure your delivery arrives, please contact us at contact@atriumfragrance.com. Subject to the other provisions of this clause 5, all delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
• Atrium Fragrance reserves the right to refuse international orders outside of the UK, United States of America, Canada and Australia. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

• CHANGES TO YOUR ORDER
  • CANCELLATION BY US

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

• CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you, subject to the rest of this clause 6 - our refunds and exchanges process may apply.

• contracts you can cancel for change of mind
  • For many contracts for the sale of goods (except those set out in clause 4), you have the right to cancel Part A of these terms (as they relate to the good) within 14 days without giving any reason.
  • This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the relevant goods.
  • To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us in writing, for example by emailing us using the contact details available on our website.
• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

• contracts that cannot be cancelled for change of mind
  • We do not offer change of mind cancellation for contracts for goods that are not suitable for return if they are unsealed, due to health protection.
  • For these goods, we are under no obligation to offer a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
  • This does not affect your statutory rights in relation to faulty goods, as set out in clause 5
• FAULTY GOODS
  • For all goods purchased, you have statutory rights if your Order has been damaged in transit or the goods were not of satisfactory quality or as described, which may entitle you to a replacement or refund. Nothing in this clause 5 will require us to provide a refund, repair or replacement in respect of loss or damage to goods caused by you, or otherwise caused to the goods after they entered your possession.
  • If you do have the right to cancel these terms due to the relevant Product(s) being faulty, we will reimburse to you all payments received from you in respect of the relevant Product, including the cost of delivery.
• RETURNS PROCESS

 

• If you wish to cancel this contract:
  • due to change of mind, cancellation may be made at any stage prior to the dispatch of your Order or in accordance with clause 3; or
  • due to the goods being faulty, in accordance with clause 5,

we will reimburse you all payments received by you, including the cost of delivery (subject to clause 6.6(b) and the process set out in this clause 6.6 will apply, provided that in respect of a claim of faulty goods, the relevant good is faulty in accordance with clause 6.5, and if not, then we may refuse your refund/cancellation request.

• We will use the same method of payment for issuing any refund owed to you using the method you used for your initial payment, unless we have expressly agreed otherwise.
• We may make a deduction from any reimbursement issued to you for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
• We will pay any refund owed to you without undue delay, and not later than:
  • 7 business days after the day we received back from you any goods supplied;
  • (if earlier) 7 business days after the day you provide evidence that you have returned the goods; or
  • if there were no goods supplied, 7 business days after the day on which we are informed about your decision to cancel this contract (if applicable).
• For any valid cancellation under clause 1, we may withhold reimbursement until we have received the relevant goods back from you or you have supplied evidence of having sent back the goods, whichever is the earliest.
• For any requested refund under clause 5, we may withhold reimbursement until we have inspected the relevant goods, to ensure that they are faulty, and that a refund or replacement is appropriate.
• If you have received the goods and wish to cancel these terms under this clause 6:
  • you must send back the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from these terms to us (if this clause 6 is applicable). The deadline is met if you send back the goods before the period of 14 days has expired;
  • if you have arranged a return, you must provide us with an image of the packaged goods and postage tracking number; and
  • you will only be liable for any diminished value of a good resulting from your handling of the good to the extent that handling wasn’t necessary to establish the nature, characteristics and functioning of the good.
• INTELLECTUAL PROPERTY
  • Atrium Fragrance retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
  • In this clause 7, “intellectual property rights” means copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
• THIRD PARTY SUPPLIERS
  • We may do any of the following:
    • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
    • procure materials and Products from third party suppliers,

without further notice to or permission from you.

• To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

• For When You Browse This Website…
• 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, where applicable, your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

• YOUR OBLIGATIONS

            You must not:

• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Atrium Fragrance;
• use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• 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;
• use the Website with the assistance of any automated scripting tool or software;
• act in a way that may diminish or adversely impact the reputation of Atrium Fragrance, including by linking to the Website on any other website; and
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.
• INFORMATION ON THE WEBSITE
  • 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 we do not (to the maximum extent permitted by law) guarantee that:
    • the Website will be free from errors or defects (or both, as the case may be);
    • the Website will be accessible at all times;
    • messages sent through the Website will be delivered promptly, or delivered at all;
    • information you receive or supply through the Website will be secure or confidential; and
    • any information provided through the Website is accurate or true.
  • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
• INTELLECTUAL PROPERTY
  • Atrium Fragrance 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.
  • You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Atrium Fragrance or as permitted by law.
• THIRD PARTY TERMS AND CONDITIONS
  • The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
  • The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Atrium Fragrance will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
• LINKS TO OTHER WEBSITES
  • 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.
  • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
• SECURITY

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

• 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.

• Liability And Other Legal Terms…
• LIABILITY
  • To the maximum extent permitted by applicable law, Atrium Fragrance limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Atrium Fragrance, is limited to the greater of:
    • the total fees paid to Atrium Fragrance by you in the 6 months preceding the first event giving rise to the relevant liability; and
    • £50GBP.
  • All express or implied representations and warranties in relation to Products and the associated services performed by Atrium Fragrance are, to the maximum extent permitted by applicable law, excluded.
  • (Indemnity) You indemnify Atrium Fragrance and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
    • breach of any of these terms;
    • use of the Website; or
    • use of any Products, or other goods or services provided by Atrium Fragrance.
  • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Atrium Fragrance 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 arising under or in connection with this Website, these terms or any Products or services provided by Atrium Fragrance (except to the extent this liability cannot be excluded under law.
  • Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
  • To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
• DISPUTE RESOLUTION
  • 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 injunction, unless that party has complied with the requirements of this clause.
  • A party that requires resolution of a dispute which arises under or in connection with this agreement 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.
  • 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.
• THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

• FORCE MAJEURE

If we become unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to an event beyond our reasonable control, the relevant obligation will be suspended to the extent that it is affected by the event.

• GENERAL
  • GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

• 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 “pound”, is to pound sterling (GBP), unless otherwise agreed in writing, and a reference to “$” or “dollar” is to USD, unless otherwise agreed in writing;
  • (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.
• NOTICES
  • A notice or other communication to a party under this agreement must be:
    • in writing and in English; and
    • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, 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.
  • 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, 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
    • when replied to by the other party,
    • whichever is earlier.