Terms & Conditions
Top One Lady’s Fashion Pty Ltd ACN 633 516 604
as trustee for
K&T Family Trust
ABN 39 667 365 216
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to Top One Lady’s Fashion.
In these terms, we also refer to Top One Lady’s Fashion as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://rosebullet.com.au and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
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 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)
- (a): 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 create an Account with us and 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.
Part A For When You Buy Products…
1 SUBMITTING AN ORDER
(a) You may only place wholesale orders once your business has been approved as a stockist and you have logged into your approved account (see clause 2). Orders submitted via any other means will not be binding on us unless we expressly agree in writing.
(b) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you are a business entity and have provided evidence of your current trading status (including a valid ABN or equivalent tax registration);
(ii) you are duly authorised to place the order and to bind the applicant entity;
(iii) all information you provide in connection with the order is accurate and complete; and
(iv) the payment method you use (credit card, debit card or other payment facility) is issued to you and you are authorised to use it.
(c) Your submission of an Order constitutes an offer to purchase the selected products on these terms. We are under no obligation to accept any order. A binding contract for the supply of products only comes into existence when we:
(i) receive payment in cleared funds; and
(ii) send you a written confirmation (for example, an “order confirmation” email) that your order has been accepted.
(d) We may decline to accept an order, or cancel an accepted order, if (for example) the products are unavailable, we suspect the order is fraudulent, your stockist status has been suspended or terminated, or you are in breach of these terms. If we cancel an order after receiving payment, we will refund any amounts you have paid.
(a) To access wholesale pricing and place orders you must apply for a stockist account through the Website (Account). Your application must include:
(i) your legal business name, ABN (or equivalent tax number), trading name and contact details;
(ii) names and contact details of authorised personnel who may place orders on your behalf; and
(iii) any additional information we reasonably require to verify your identity and assess your application.
(b) We may accept or reject any stockist application in our absolute discretion. Approval is not effective until we notify you in writing. We may revoke or suspend your stockist status and access to your account at any time if you breach these terms, if we suspect unauthorised or illegal activity, or for any other reason we consider appropriate.
(c) You warrant that you have authority to bind the applicant entity and that all information you provide is true, current and complete. You must promptly update your account details if they change. We may require you to provide additional verification documents from time to time.
(d) You are solely responsible for:
(i) maintaining the confidentiality and security of your login credentials and password; and
(ii) all activities that occur under your account, whether or not authorised by you.
(e) You must not share your login credentials with any other person. We may treat any action taken through your account as having been authorised by you.
(f) We may suspend or cancel your account, or refuse to process current or future orders, if you do not comply with these terms, if your account remains inactive for an extended period, or if required by law.
3 SHOPPING and PRODUCTS
3.1 Order minimums
(a) Orders may only be placed through your approved stockist account. Each order is an offer to purchase the products identified in the order. We may accept or reject orders in our absolute discretion.
(b) Products are sold in predetermined pack sizes (for example, packs of 8 units per style) and cannot be split. Minimum order quantities may apply and will be specified on the Website or on your order form. You are responsible for ensuring that you order the correct style and pack configuration; we do not accept returns or exchanges because you selected the wrong style, size or quantity.
(c) Once an order has been accepted by us under clause 1(c), it cannot be cancelled, varied or reduced without our prior written consent. If we agree to a change or cancellation, we may charge a restocking or administration fee to cover our reasonable costs.
3.2 Wholesale Products
(a) We will use reasonable endeavours to ensure that the products supplied conform substantially to the descriptions and images on our Website or as otherwise agreed in writing prior to you placing the order. However, due to variations in screen display, colour, brightness and image quality, the products may not be an exact match.
(b) Sizes and measurements are as specified by the manufacturer. It is your responsibility to check the size charts on our Website or the manufacturer’s website before ordering. Size charts may vary between products and may not always correspond to Australian sizing. We do not accept responsibility for incorrect sizing selected by you.
(c) Title to the products remains with Top One Lady’s Fashion until we have received full payment for those products in cleared funds. Risk in the products passes to you upon delivery to your nominated delivery address. You must not refuse delivery.
3.3 CUSTOM MANUFACTURING AND RE BRANDING
(a) Custom or bespoke clothing manufacturing is not covered by these wholesale terms. If you wish to engage us to design or manufacture bespoke products, a separate written agreement will apply. That agreement will address matters such as intellectual‑property ownership, minimum quantities, sampling fees and lead times.
(b) Subject to full payment of all amounts owing to us, we grant you a limited, non‑exclusive, non‑transferable licence to:
(i) remove labels bearing our branding from products you have purchased from us; and
(ii) apply your own trade mark or brand to those products and market and sell them under your brand or ours.
(c) This licence does not permit you to manufacture copies of our products or designs.
(d) You must not:
(i) reproduce, manufacture or arrange for the manufacture of our designs or any derivative works;
(ii) use our trade marks on products you have not purchased from us;
(iii) hold yourself out as our authorised distributor or affiliate unless we have given you written permission; or
(iv) alter or tamper with the products in a way that makes them unsafe or materially different from their original form.
(e) You must ensure that all re‑branded products and your marketing materials comply with all applicable laws, including product‑safety standards, labelling laws and the Australian Consumer Law. Reselling genuine products is generally permitted in Australia, provided the products are authentic and do not infringe third‑party rights. You must not sell counterfeit or infringing goods and must immediately cease selling any product subject to a safety recall or other legal restriction. You must cooperate with us in any product recall.
4 PAYMENT
(a) All prices are:
(i) All prices are quoted per unit (or per pack, where specified) in Australian dollars and are exclusive of GST and other applicable taxes;
(ii) prices may be changed at any time prior to acceptance of your order without notice; and
(iii) Pricing does not include delivery, insurance, customs duties or other charges, which will be added as applicable.
(b) (Payment obligations) You must pay for all products in full at the time of placing an order unless we have agreed in writing to extend credit terms. If we do extend credit, you must pay invoices in accordance with the payment terms stated on the invoice. We may suspend delivery or cancel any order if you fail to pay any amount when due.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Top One Lady’s Fashion, you must pay the GST subject to Top One Lady’s Fashion providing a tax invoice.
(d) (Card surcharges) Top One Lady’s Fashion reserves 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).
(e) (Online payment partner) We may use third-party payment providers such as Afterpay, PayPal, AMEX , Google Pay, Apple Pay, Shop Pay, and Shopify Pay (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of each Payment Provider and, to the maximum extent permitted by law, we will not be 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.
(f) (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.
(g) (No Set‑off) You must pay all amounts due to us in full without set‑off, counterclaim or deduction.
(a) We will arrange delivery of products using carriers selected by us. We may offer standard, express or other delivery options in Australia and internationally, as described on our Website. We may refuse to deliver to certain locations or countries.
(b) Delivery charges will be added at checkout or set out in your invoice.
(c) Any dispatch or delivery dates or times we provide are estimates only. Actual delivery times depend on the carrier and destination. We are not liable for any loss or damage arising from delayed delivery. You must provide accurate delivery instructions and ensure someone is available to accept delivery.
(d) Risk in the products passes to you on delivery to your nominated delivery address. Title in the products remains with us until we receive full payment (including any delivery charges and other amounts payable) in cleared funds.
(e) If we accept an order for delivery outside Australia:
(i) you are the importer of record and are responsible for complying with all laws and regulations of the destination country;
(ii) you are liable for all customs duties, import taxes and brokerage or clearance fees; and
(iii) we may refuse to dispatch or may cancel your order if we consider delivery to your destination impractical or unlawful. We are not liable for any costs incurred in clearing products through customs or retrieving products held by customs authorities.
(f) Third‑party courier terms and conditions apply to the delivery of your products. If a problem arises, you should notify us promptly. We will endeavour to assist you, but we are not responsible for actions of third‑party carriers. We will not be liable for any loss or damage resulting from late, failed or misdirected deliveries.
6.1 CANCELLATION BY US
We may cancel all or part of an order at any time for any reason, including unavailability of stock, errors in pricing or product descriptions, failure of payment or breach of these terms by you. If we cancel an order after receiving payment, we will issue you with a credit note in the first instance. Where a credit note is not appropriate in the circumstances (for example, where required under law), we will provide a refund to your original payment method.
Credit notes may be applied towards the purchase of any products (including original price and sale items), but not to shipping fees. Credit notes will not expire.
6.2 CANCELLATION BY YOU
Orders cannot be cancelled, varied or reduced by you once accepted by us unless we agree in writing as set out in clause 7. If we agree to a cancellation, we may charge you a restocking or administrative fee to cover our reasonable costs
7.1 Change of Mind returns
Due to the wholesale nature of our products, we do not offer returns or exchanges if you change your mind, order the wrong style or size or no longer require the products.
7.2 Defective Products
(a) We will provide a remedy if a product is defective in workmanship or materials at the time of delivery or if we deliver a product that is materially different from the product ordered.
(b) You must notify us in writing within fourteen (14) days of delivery if you believe a product is defective, providing a full description of the defect and supporting images. We are not obliged to accept claims made outside this timeframe, except where:
(i) the defect could not reasonably have been identified within 14 days of delivery; or
(ii) we are required to provide a remedy under the Australian Consumer Law or other applicable law.
(c) Claims will not be accepted for defects arising from misuse, fair wear and tear, alteration or re-branding of the product, failure to follow care instructions, or use for a purpose other than that for which the product was designed.
(d) If we request, you must return the product to us (including all packaging and accessories) at your cost for inspection. Risk in transit remains with you. We may refuse your claim if the product is damaged in transit due to inadequate packaging.
(e) We will assess the product. If we determine that the product is not defective or is defective due to misuse, fair wear and tear, failure to follow instructions or failure to take reasonable care, we may refuse your claim and return the product to you at your cost.
(f) If we determine that the product is defective, we will, at our option, repair or replace the product (subject to stock availability), issue you a credit note; or refund you the purchase price (including shipping costs) to your original payment method where a refund is required under law or otherwise appropriate in the circumstances.
(g) You may lose the right to a remedy under this clause if:
(i) you fail to notify us of the defect within the time specified;
(ii) you alter or re‑brand the product before notifying us of the defect; or
(iii) the product has been used for a purpose other than for which it was designed.
(h) Nothing in these terms is intended to exclude any statutory rights you may have that cannot lawfully be excluded. However, you acknowledge that the products are supplied for re‑supply and therefore the consumer guarantees under the Australian Consumer Law may not apply
(a) You may earn reward points when you make eligible purchases or through other promotional activities offered by us from time to time. Points are recorded in your online account and can be redeemed for rewards as set out on our Website. The details of this are set out here Rosebullet Society Policy.
(b) Reward points may only be redeemed through our Website and cannot be applied towards shipping costs, unless redeemed for a “free shipping” reward.
(c) Orders purchased using reward points (in whole or part) are not eligible for refunds or exchanges, except where required under law for faulty items. If an item purchased with points is faulty, you must notify us within 14 days of delivery. We may offer a replacement product (subject to availability). If a replacement is not available, we may issue a credit note at our discretion.
(d) We reserve the right to cancel or adjust reward points or rewards if we reasonably believe there has been fraud, misuse, or a breach of these terms.
9 INTELLECTUAL PROPERTY
(a) Top One Lady’s Fashion owns or licenses all intellectual‑property rights in the products, packaging, branding, designs, trade marks and any materials supplied through the Website or otherwise (Intellectual Property). Nothing in these terms transfers any of those rights to you.
(b) Upon full payment for the products, we grant you a limited, non‑exclusive, non‑transferable licence to remove the trade marked labels from the specified purchased and to apply your own branding as set out in clause 3.3.2. This licence may be revoked by us at any time on written notice if you breach these terms.
(c) You must not, and must not authorise or assist any third party to:
(i) copy, reproduce, modify, adapt, translate, distribute, transmit, publish, display, create derivative works from or otherwise exploit any of our Intellectual Property except as expressly permitted by clause 8.2;
(ii) use our trade marks, business names or domain names in a way that suggests you are affiliated with or endorsed by us without our prior written consent;
(iii) manufacture, procure the manufacture or sell products that are imitations of, or derive from, our designs; or
(iv) remove, obscure or alter any proprietary notice on the products or materials we supply.
(d) You must ensure that any branding or materials you apply to the products do not infringe any third‑party intellectual‑property rights. If a claim is made against us because of your branding or marketing, you will indemnify us in accordance with the indemnity clause in Part C.
(e) 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 these terms both in Australia and throughout the world.
10 FEEDBACK
(a) We may, in our discretion, permit you to rate products or provide feedback on our products or services (collectively, Content) via the Website or other channels we control.
(b) You agree that any Content you submit will:
(i) be a genuine and accurate expression of your personal experience with the product or service;
(ii) not contain any material that is defamatory, abusive, obscene, threatening, misleading or otherwise unlawful or inappropriate; and
(iii) not infringe any third party’s intellectual‑property rights, privacy rights or other legal rights.
(c) By submitting Content, you grant us a worldwide, perpetual, irrevocable, royalty‑free licence to use, reproduce, adapt, publish, translate, display, distribute and otherwise exploit that Content in any form and for any purpose, including commercial purposes and on our social media platforms. You waive any moral rights you may have in the Content to the extent permitted by law.
(d) We are not obliged to pre‑screen or monitor Content, but we may edit, refuse to post, remove or delete any Content at any time without notice if we consider it inappropriate, inaccurate, misleading or otherwise not in compliance with these terms. Our decision on such matters is final.
(e) You will not be entitled to any payment, compensation or credit for any use of your Content by us.
(f) You indemnify us and our affiliates against any liability, loss, damage or expense (including legal costs) arising out of any claim that the Content you submit breaches these terms or any law, infringes any person’s rights or is defamatory.
11 THIRD PARTY SUPPLIERS and OUTSOURCING
(a) We may, without notice to you, subcontract or outsource any part of the services required to supply the products (including manufacturing, warehousing, fulfilment and delivery) to third parties, and we may procure materials and products from third‑party suppliers.
(b) To the maximum extent permitted by law, we are not liable for the acts or omissions of any third‑party supplier, carrier, contractor or subcontractor, including any delay in delivery, loss or damage of products during transit, or negligence in the provision of services or goods. Any recourse for loss or damage caused by a third‑party carrier must be sought against that carrier.
(c) Delivery and other services provided by third‑party carriers or suppliers are subject to their own terms and conditions. By placing an order, you agree to be bound by any such terms to the extent they are applicable to you (for example, courier conditions of carriage).
(d) We will not be liable for any failure to perform our obligations under these terms to the extent that our performance is prevented, hindered or delayed by a cause beyond our reasonable control, including any act or omission of a third‑party supplier.
Part B For When You Browse This Website…
12 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.
13 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Top One Lady’s Fashion;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) 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;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Top One Lady’s Fashion, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
14 INFORMATION ON THE WEBSITE
(a) 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:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website may not be secure or confidential; and
(v) any information provided through the Website may not be accurate or true.
(b) 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 (as defined below).
(a) Top One Lady’s Fashion 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.
(b) 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 Top One Lady’s Fashion or as permitted by law.
(c) In this clause 15, “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 these terms both in Australia and throughout the world.
16 LINKS TO OTHER WEBSITES
(a) 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.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
17 THIRD PARTY APPS AND PLATFORM
(a) This Website is powered by a third party platform called Shopify. Shopify’s terms and conditions apply to your use of this Website to the extent applicable to you. Shopify’s terms and conditions can be accessed here.
(b) This Website may also integrate with third-party applications, plugins, or services (including, without limitation, Klaviyo, Starshipit, Okendo, Tagalys and other similar providers).
(c) Your use of any third-party application, plugin, or service is subject to the terms, conditions and privacy policies of those third parties. To the maximum extent permitted by law, we are not responsible or liable for the acts, omissions, functionality, availability, or performance of those third-party applications or services.
(d) We may add, remove, or change the third-party applications we use at any time without notice. Your continued use of the Website constitutes acceptance of such integrations.
18 SECURITY
To the maximum extent permitted by law, Top One Lady’s Fashion 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.
19 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 select the Contact Us page on our Website.
Part C Liability And Other Legal Terms
20 LIABILITY
(a) (Liability) To the maximum extent permitted by law, Top One Lady’s Fashion’s aggregate liability to you and to any third party for any loss, damage, cost or expense arising out of or in connection with these terms, the Website or the supply of products or services (whether in contract, tort, statute, equity or otherwise) is limited to the total amount paid by you to Top One Lady’s Fashion for the products the subject of the most recent order. If the law implies any condition or warranty into these terms which cannot be lawfully excluded, our liability for a breach of such condition or warranty will be limited (at our election) to:
(i) in the case of goods, the repair or replacement of the goods or payment of the cost of having the goods repaired or replaced; and
(ii) in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
(b) You acknowledge that the products are supplied for re‑supply or re‑branding and therefore the consumer guarantees under the Australian Consumer Law (ACL) do not apply.
(c) All express or implied representations, warranties and conditions, other than those expressly set out in these terms or which cannot be excluded by law, are excluded to the maximum extent permitted by law.
(d) We do not provide any warranty in respect of products beyond any warranty provided by the manufacturer. Claims for loss or damage to products in transit must be made against the carrier.
(e) To the maximum extent permitted by law, we are not liable for any incidental, special, punitive or consequential loss, or for any loss of profits, revenue, goodwill, business opportunities or anticipated savings arising out of or in connection with these terms, the Website or the supply of products or services, even if we were advised of the possibility of such loss.
(f) The goods are supplied for resupply and therefore the consumer guarantees under the ACL do not apply. 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).
(g) (Indemnity) You indemnify Top One Lady’s Fashion and its employees, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from you or your representatives’:
(i) breach of any third party intellectual property rights;
(ii) breach of any of these terms;
(iii) use of the Website;
(iv) negligent, wilful, fraudulent or criminal act or omission; or
(v) use of any goods or services provided by Top One Lady’s Fashion.
(h) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Top One Lady’s Fashion 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 Top One Lady’s Fashion (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
21 GENERAL
21.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, 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.
21.2 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.
21.3 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.
21.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
21.5 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.
21.6 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.
21.7 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.
21.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (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;
(e) (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;
(f) (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;
(g) (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;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (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.
22 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.