Terms and Conditions
The GappGo terms & conditions outline GappGo’s and Your obligations and responsibilities on the GappGo Platform. In this update to our Terms and Conditions, GappGo has updated information regarding User obligations, Fees and dispute resolution functions. GappGo has also clarified the payment of cancellation fees for Users that cancel Member Contracts.
User Agreement: www.GappGo.com
GappGo operates an online platform allowing Members to connect through the GappGo App with Professionals who provide Services.
All defined terms in this Agreement have the meaning given to them in the GappGo Glossary.
SCOPE OF GAPPGO SERVICES
- 1.1 GappGo provides the GappGo App to enable professionals and members to post Gapps.
- 1.2 Professionals may make an Offer in response to a Posted Gapp by a member. Members may accept an Offer in response to a Posted Gapp by a professional.
- 1.3 Any Gapp may revoked or modified at any time before a Gapp is accepted. GappGo reserves the right to cancel all Offers on a Gapp made prior to the modification or amendment.
- 1.4 If a Gapp is accepted, a Contract is created between the Member and the Professional.
- 1.5 Upon acceptance of a Gapp, the member must pay the Agreed Price into the Escrow Account.
- 1.6 Upon acceptance of a Gapp, GappGo has rendered GappGo Services and the Service Fee is due and payable.
- 1.7 Once the Gapp is accepted, the Professional and Member are encouraged to use GappGo Connect – GappGo’s private messaging system to communicate.
- 1.8 The Professional must perform the Services required in the accepted Gapp, including in accordance with any additional terms or conditions agreed by the parties.
- 1.9 Once the Services are complete, the professional must finalise the Gapp and provide the required feedback on the GappGo App.
- 1.10 Once the Services are complete, the Member will be notified through the GappGo App and must close the Gapp. The Member must also provide the required feedback on the GappGo App.
- 1.11 Once the Gapp has been closed by the Memberthe Gapp Funds will be released from the Escrow Account. If the Member fails to close the Gapp within a 24 hour period, Gappgo automatically releases the the Funds from the Escrow Account.
GAPPGO’S ROLE AND OBLIGATIONS
- 2.1 GappGo provides the GappGo App only, enabling the creation and acceptance of Gapps.
- 2.2 GappGo only permits individuals over 14 years of age to become Users.
- 2.3 Users must be natural persons, but can specify within their account description that they represent a business entity.
- 2.4 At its absolute discretion, GappGo may refuse to allow any person to register or create an account with GappGo or cancel or suspend any existing account.
- 2.5 Registering and creating an account with GappGo is free. There is no charge for Gapp creation, or for other GappGo Users to review content on the GappGo App.
- 2.6 GappGo accepts no liability for any aspect of the Member and Professional interaction, including but not limited to the description, performance or delivery of Services.
- 2.7 GappGo has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Mebers or Professionals, including, but not limited to, the ability of Professionals to perform members or supply items, or the honesty or accuracy of any information provided by Members or the Members ability to pay for the Services requested.
- 2.8 Except for liability in relation to any Non-excludable Condition, the GappGo Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- 2.9 GappGo has no obligation to any Member or Professional to assist or involve itself in any dispute, although may do so to improve the GappGo experience.
- 3.1 You will at all times:
- (a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
- (b) only post accurate information on the GappGo App;
- (c) promptly and efficiently perform obligations of a Gapp; and
- (d) ensure that You are aware of any laws that apply to You as a Member or Professional, or in relation to using the GappGo App.
- 3.2 You agree that any content (whether provided by GappGo, a User or a third party) on the GappGo Platform may not be used on third party sites or for other business purposes without GappGo’s prior permission.
- 3.3 You must not use the GappGo App for any illegal or immoral purpose.
- 3.4 You must maintain control of Your GappGo account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
- 3.5 You grant GappGo an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the GappGo App for the purpose of publishing material on the GappGo App and as otherwise may be required to provide the GappGo Service, for the general promotion of the GappGo Service, and as permitted by this Agreement.
- 3.6 You agree that any information posted on the GappGo App must not, in any way whatsoever, be potentially or actually harmful to GappGo or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by GappGo.
- 3.7 Without limiting any provision of this Agreement, any information You supply to GappGo or publish in a Gapp (including as part of an Offer) must be up to date and kept up to date and must not:
*(a) be false, inaccurate or misleading or deceptive;
*(b) be fraudulent or involve the sale of counterfeit or stolen items;
*(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
*(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
*(e) be defamatory, libellous, threatening or harassing;
*(f) be obscene or contain any material that, in GappGo’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any GappGo Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
- 3.8 GappGo App may from time to time engage location-based or map-based functionality. The GappGo App may display the location of Professionals and Members to persons browsing the GappGo App. Each Gapp requires a location for the service to be completed.
- 3.9 If You are a Professional, You must have the right to provide Services under a Gapp and within the specific location of the Gapp. You must comply with tax and regulatory obligations in relation to any payment) received through any Gapp completed.
- 3.10 Professionals must provide Services to Members in accordance with the Gapp, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.
- 3.11 You must not, when supplying Services, charge a Member any fees on top of the agreed Gapp cost.
- 3.13 If a Professional agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Professional is solely responsible for obtaining any reimbursement from the Member. GappGo advises Professionals not to agree to incur costs in advance of receiving the payment for these costs, unless the Professional is confident the Member will reimburse the costs promptly.
- 3.14 If GappGo determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, You have submitted to the GappGo Service or cancel or suspend Your account and/or any Gapps.
- 4.1 Upon the closure of a Gapp, Gappgo then receives the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Escrow Account.
- 4.2 If the Gapp requires a Professional to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
- 4.3 Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
- 4.4 All Fees and charges payable to GappGo are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
- 4.5 If GappGo introduces a new service on the GappGo Platform, the Fees applying to that service will be payable as from the launch of the service.
- 4.6 GappGo may set-off any Fees against any Professional Funds or other amounts held by GappGo on behalf of a Professional.
- 4.7 GappGo may restrict an account until all Fees have been paid.
PAYMENTS AND REFUNDS
- 5.1 If:
- (a) the Professional and the Members mutually agree to cancel the Member Contract; or
- (b) A Professional fails to comply with the agreed Gapp terms; or
- (d) GappGo is satisfied that the Agreed Price should be returned to the Member,
then, subject to clause 5.3, GappGo will pay the Gapp Funds held in the Escrow Account to the Member. GappGo may also pay to the account of the Member, on behalf of the Professional, an additional amount up to the value of the Service Fee collected in connection with the Gapp.
- 5.2 Any amount paid by GappGo on behalf of a Professional under clause 5 will be a debt owed by the Professional to GappGo. Further action may be taken by GappGo
- 5.3 If a Gapp is cancelled:
- (a) GappGo will retain the Service Fee in accordance with clause 4.1; and
- (b) the cancellation will be attributed to the Professional unless the Professional can provide evidence to GappGo’s satisfaction (in its sole opinion) that the Member caused the cancellation of the Gapp.
If cancelled by the Member (as determined by this clause), the Member the Member forgoes the entire Gapp Fee. GappGo may agree to refund the Gapp less the Service Fee to a Member on a case by case basis.
- 7.1 GappGo may enter into agreements with Registered Organisations and may seek to engage Professional in the provision of Services. Professionals who agree to perform Services for a Registered Organisation acknowledge and agree that GappGo and the Registered Organisation may on-sell Services supplied to third parties for an increased fee.
- 7.2 Registered Organisations may require Professionals providing Services to be approved or hold particular qualifications.
- 7.3 Registered Organisations may require Professionals to enter into a Registered Organisation Contract before providing Business Services.
- 7.4 Where a Professional accepts a Gapp with a Registered Organisation:
- (a) the professional must provide Services to the Member in accordance with the Gapp and any applicable Registered Organisation Contract; and
- (b) the terms of the Registered Organisations Contract will prevail to the extent of any inconsistency.
- 8.1 GappGo may use an Escrow Provider to operate the Escrow Account.
- 8.2 In so far as it is relevant to the provision of the Escrow Account, the terms at https://stripe.com are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.
- 8.3 If GappGo changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
THIRD PARTY SERVICES
- 9.1 GappGo may from time to time include Third Party Services on the GappGo App. These Third Party Services are not provided by GappGo.
- 9.2 Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the GappGo Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- 9.3 If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
- 9.4 GappGo makes no representation or warranty as to the Third Party Services. However, to help us continue to improve GappGo, Users may inform GappGo of their Third Party Service experience.
- 12.1 You can complain about any comment made on the GappGo Platform using the ‘contact us’ function of the GappGo App.
- 12.2 GappGo is entitled to suspend or terminate Your account at any time if GappGo, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other GappGo Users.
LIMITATION OF LIABILITY
- 13.1 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, GappGo specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Members and Professionals.
- 13.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, GappGo specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the GappGo Platform.
- 13.3 Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, GappGo is not liable for any Consequential Loss arising out of or in any way connected with the GappGo Services.
- 13.4 Except for liability in relation to a breach of any Non-excludable Condition, GappGo’s liability to any User of the GappGo Service is limited to the total amount of payment made by that User to GappGo during the twelve month period prior to any incident causing liability of GappGo, or $50, whichever is greater.
- 13.5 GappGo’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- 14.3 GappGo will endeavour to permit you to transact anonymously on the GappGo Platform. However in order to ensure GappGo can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, GappGo reserves the right to ask Users to verify themselves in order to remain a User.
MODIFICATIONS TO THE AGREEMENT
- 15.1 GappGo may modify this Agreement or the Policies (and update the GappGo pages on which they are displayed) from time to time. GappGo will send notification of such modifications to Your GappGo account or advise You the next time You login.
- 15.2 When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the GappGo Platform in any manner, including engaging in any acts in connection with a Member Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
- 15.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify GappGo who will terminate Your GappGo account, and stop using the GappGo Service.
- 16.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind GappGo, its related entities or affiliates in any way whatsoever. GappGo confirms that all Third Party Services that may be promoted on the GappGo Platform are provided solely by such Third Party Service providers. To the extent permitted by law, GappGo specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
- 17.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to GappGo’s contact address as displayed on the GappGo Platform, or to GappGo Users’ contact address as provided at registration. Any notice shall be deemed given:
- (a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- (b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia.
- 17.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider’s terms and conditions.
MEDIATION AND DISPUTE RESOLUTION
- 18.1 GappGo encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that GappGo may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
- 18.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
- 18.3 GappGo may elect to assist Users resolve disputes. Any User may refer a dispute to GappGo. You must co-operate with any investigation undertaken by GappGo. GappGo reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or GappGo’s determination in an applicable court or tribunal.
- 18.4 GappGo has the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
- 18.5 GappGo may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- 18.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
- 18.7 If You have a complaint about the GappGo Service please contact us here.
- 18.8 If GappGo provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify GappGo against any claims relating to any other use of information not permitted by this Agreement.
- 19.1 Either You or GappGo may terminate your account and this Agreement at any time for any reason.
- 19.2 Termination of this Agreement does not affect any Member Contract that has been formed between GappGo Users. If You have entered a Member Contract You must comply with the terms of that Member Contract including providing the Services or paying the Agreed Price as applicable.
- 19.3 Third Party Services are subject to Third Party Service provider terms and conditions.
- 19.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
- 19.5 If Your account or this Agreement are terminated for any reason then You may not without GappGo’s consent (in its absolute discretion) create any further accounts with GappGo and we may terminate any other accounts You operate.
- 20.1 This Agreement is governed by the laws of New South Wales, Australia. You and GappGo submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- 20.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- 20.3 This Agreement may be assigned or novated by GappGo to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
- 20.4 This Agreement sets out the entire understanding and agreement between the User and GappGo with respect to its subject matter.
Revised March 2018 copyright GappGo 2018
MODEL MEMBER CONTRACT
The terms used in this Gapp Contract have the meaning set out in the GappGo Glossary. A Member Contract is created in accordance with the GappGo Agreement. Unless otherwise agreed, the Professional and the Member enter into a Gapp Contract on the following terms:
1 COMMENCEMENT DATE AND TERM
- 1.1 The Gapp Contract is created when a Gapp is accepted.
- 1.2 The Contract will continue until terminated in accordance with clause 7.
- 2.1 The Professional will perform Services in a proper and workmanlike manner.
- 2.2 The Professional must perform the Services at the time and location agreed.
- 2.3 The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Member Contract.
- 3.1 Each party warrants that the information provided in the creation of the Member Contract is true and accurate.
- 3.2 The Professional warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.
- 3.3 The parties incorporate the Consumer Guarantees into the Member Contract, even if they are not already incorporated by law.
4 PAYMENT OR CANCELLATION
- 4.1 Upon the creation of the Member Contract, the Member must pay the Agreed Price into the Escrow Account.
- 4.2 Upon the Services being completed, the Professional will provide notice on the GappGo Platform.
- 4.3 The Member will be prompted to confirm the Services are complete. If the Professional has completed the Services in accordance with clause 2, the Member must use the GappGo Platform to release the Professional Funds from the Escrow Account.
- 4.4 If the parties agree to cancel the Member Contract, or the Member is unable to contact the Professional to perform the Member Contract, the Professional Funds will be dealt with in accordance with the User’s GappGo Agreement.
5 LIMITATION OF LIABILITY
- 5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Member Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
- 5.2 Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.
- 6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
- 6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to GappGo and act in accordance with clause 18 of the GappGo Agreement.
7 TERMINATION OF CONTRACT
The Member Contract will terminate when:
- (a) the Services are completed and the Agreed Price is released from the Escrow Account;
- (b) a party is terminated or suspended from the GappGo Platform, at the election of the other party;
- (c) otherwise agreed by the parties or the Third Party Dispute Service; or
- (d) notified by GappGo in accordance with the party’s GappGo Agreement.
8 APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
9 GOVERNING LAW
The Member Contract is governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of New South Wales.
Revised March 2018 copyright GappGo 2018
“ACL” means the Australian Consumer Law.
“Agreement” means the most updated version of the agreement between GappGo and a User.
“Agreed Price” means agreed price for Services (including any variation) paid into the Escrow Account made by the Member but does not include any costs incurred by the Professional when completing Services which the Member agrees to reimburse.
“GappGo” “we” “us” “our” means GappGo Pty Ltd ACN 149 850 457.
“GappGo Badge” means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by GappGo.
“GappGo Platform” means the GappGo website at http://www.GappGo.com/, GappGo smartphone app, and any other affiliated platform that may be introduced from time to time.
“GappGo Service” means the service of providing the GappGo Platform.
“Business Day” means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
“Organisation Contract” means a contract between an Organisation and a Professional to perform Business Services.
“Organisation Partner” means the business or individual that enters into an agreement with GappGo to acquire Business Services.
“Cancellation Admin Fee” means the Fee payable by a Member for cancelling a Member Contract.
“Consequential Loss” means any loss, damage or expense recoverable at law:
- (a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- (b) which is a loss of:
- a. opportunity or goodwill;
- b. profits, anticipated savings or business;
- c. data; or
- d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
“Consumer Guarantees” means the consumer guarantees contained in Part 3-2 of the ACL.
“Escrow Account” means the escrow account.
“Escrow Provider” means an entity that manages the Escrow Account (which may include GappGo or its related bodies corporate).
“Fees” means all fees payable to GappGo by Users including the Service Fee.
“Identity Verification Services” means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, GappGo Icons.
“Marketing Material” means any updates, news and special offers in relation to GappGo or its Third Party Services.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
“Offer” means an offer made by a Professional in response to a Posted Member to perform the Services.
“Member” means a User that posts on the GappGo Platform in search of particular Services.
“Posted Member” means the Member’s request for services, and includes the deadline for completion, price and description of the Services to be provided.
“Reference” means a feature allowing a User to request other Users to post a reference on the GappGo Platform endorsing that User.
“Service Fee” means the fee payable by the Professional to GappGo as consideration for the GappGo Services (and comprised as part of the Agreed Price) displayed to a Professional prior to entering into each Member Contract.
“Services” means the services to be rendered as described in the Posted Member, including any variations or amendments agreed before or subsequent to the creation of a Member Contract.
“Site” means the website at http://www.GappGo.com/.
“Stored Value” means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the GappGo Platform.
“Gapp Contract” means the separate contract which is formed between a Member and a Professional for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Gapp Contracts.
“Professional” means a User who provides Services to Members.
“Professional Funds” means the Agreed Price less the Service Fee.
“Third Party Dispute Service” means a third party dispute resolution service provider used to resolve any disputes between Users.
“Third Party Service” means the promotions and links to services offered by third parties as may be featured on the GappGo Platform from time to time.
“User” or “You” means the person who has signed up to use the GappGo Platform, whether as the Member, Professional, or otherwise.
Rules of Interpretation:
In the GappGo Agreement and all Policies, except where the context otherwise requires:
- (a) the singular includes the plural and vice versa, and a gender includes other genders;
- (b) another grammatical form of a defined word or expression has a corresponding meaning;
- (c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- (d) a reference to A$, $A, dollar or $ is to Australian currency;
- (e) a reference to time is to the time in New South Wales, Australia;
- (f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- (g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- (h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- (i) headings are for ease of reference only and do not affect interpretation;
- (j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- (k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
Revised December 2018 copyright GappGo 2018