Terms of use

These are the Terms of Use (“Terms“) for the use of this Website and our Services by:

  1. Employers looking to promote or publicise their live performance and events business or activities and/or fill job vacancies;
  2. Workers in the live performance and events industry seeking to network or build their profile and/or looking for work;
  3. Facility & Service Providers listing their entertainment venues or other live performance and events facilities and services; and
  4. Advertisers marketing goods or services on or through the Website, which will include Employers, Workers and Facility & Service Providers who use our Advertising Services.

We may modify and update these Terms at any time, without notice. Users need to review the Terms from time to time. The amended Terms will then take effect from the next time a User logs into the Website or uses the Website.

In using our Website and Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions and our Privacy Policy that is posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our website services.

  1. DEFINITIONS

Advertisers” means an advertiser of goods, services or events on the Website, including but not limited to, social events, charity events, education and training services for the live performance and events industry, and will include Employers, Workers and Facility & Service Providers who use our Advertising Services;

Advertising Fees” means the fees paid by Advertisers for Advertising Material that is published on the website as part of the Advertising Services;

Advertising Material” means any kind of  promotional or advertising material of goods and services supplied by Advertisers that is to be published or otherwise displayed by  electronic means (including, but not limited to, banner, pop-up, or any other form of online or  electronic display advertising) as part of or in connection with the Website;

Advertising Services” means the additional advertising and promotional services offered in respect of Advertising Material published on the Website, including but not limited to:

  1. a featured page on the website where one or more Advertisers may advertise; and
  2. banners, text ads, pop-ups and other advertising technologies delivered on the website.

Content” means any and all material, links, words, images uploaded to the Website by any User, including but not limited to the content of any Webforms, Workers’ information, Employers’ information, Facility & Service Providers’ information that a User submits or links to on the Website;

Directory” means the sections of the Website that provides lists of providers in live performance and events industry classifications of activities, which allows for searching or browsing by category, specialisation, geographic location and by other criteria, which allows:

  1. Workers to create their profiles in categories, including:
    • The Staff Room – for production and venue staff;
    • The Crew Room – for stage and show crew;
  1. Employers to create profiles of their operations in live performance and events industry categories to promote or publicise their entertainment business or activities
  2. Facility & Service Providers to create profiles of their operations, including:
    • Services & Suppliers
    • Industry Organisations
    • Performance Venues;
    • Rehearsal Venues;
    • Commercial Accommodation Suppliers; and
    • Educational and Training Institutions.

Employers” means any eligible business or government agency operating in the live performance and events industry that is looking to promote or publicise its business or activities and/or is looking to fill job vacancies;

Facility & Service Providers” means any eligible live performance and events industry business providing facilities and services related to the live performance and events industry;

personal information has the same meaning as set out in the Privacy Act 1988 (Cth) and includes your name, mobile phone number, email and residential address and other personal information as required by any Webform;

Position Vacancy” and “Position Vacancies” means any description of any job, role or appointment, including any casual, part time, full time employment, or contract for services to hire an independent contractor that is posted on the Website by an Advertiser;

Services” means the introduction services to help match Workers to Position Vacancies that involve Employers posting a Position Vacancy or Position Vacancies to our Website and Workers selecting any Position Vacancy and sending an application for the position to the Advertiser using the communication services provided on our Website;

Subscription Fees” means the quarterly, half or full yearly fees paid by:

  • Employers to access and create their profile and classified listings in the Directory and search the Website;
  • Workers to access and search the Website and to create and edit their profile and classified listings in the Directory; and
  • Facility & Service Providers to access and search the Website and to create and edit their profile and classified listings in the Directory;

Subscription Term means the quarterly, half or full yearly period of time for which Employers, Workers or Facility & Service Providers subscribe to access and search the Website and to create and edit their profile and classified listings in the Directory, including any renewal of the subscription;

The Loop” means the entertainment industry blog and newsletter published by us.

User” or “Users” means Employers, Workers, Facility & Service Providers and/or Advertisers;

User-Generated Content” means any and all material including, but not limited to words, photographs, images or links from the Website uploaded or submitted by a User for publication in The Loop! and/or any communication or social networking platform provided for Users on the Website;

we”, “our” and “us” means ShowLoop Pty Ltd (ABN 9 641 533 682);

Website” means https://showloop.com/

Webform” means our online webforms that are used to register as a Worker or to register a Position Vacancy on the Website;

Worker” means any eligible live performance and events industry worker or service provider that is seeking to network or build their profile and/or looking for work;

“Working Days” means any day Monday to Friday inclusive other than Christmas Day, Good Friday, bank and other public holidays in the State of New South Wales;

you“, “your” means has the meaning determined by the context in which used any may include any User.

2. ROLE OF THE WEBSITE

Job Listing

  1. We facilitate the opportunity for the interactions between Workers and Employers to occur and we take no responsibility for the contents of any Position Vacancy or other Content posted to the Website.
  2. We are not an employer, labour hire firm, employment agency or recruiting firm and we do not take responsibility for:
    • any background, financial security or other checks, enquiries or investigations into any Advertiser or as to whether any Position Vacancy is complete or accurate;
    • the accuracy of the information provided by Workers; and
    • the selection of Workers, job interviews or the negotiation of any services agreement or employment agreement or any arrangements between the Employers and the Workers.
  3. Employers must independently verify and make their own assessment of the suitability and experience of any Workers for any Position Vacancy. We cannot guarantee that you will locate suitable Workers for any Position Vacancy.
  4. Workers must independently verify the requirements of any job that is advertised in any Position Vacancy and make your own assessment of your suitability for that job and your capacity to carry out the services set out in any Position Vacancy that you apply for. We cannot guarantee that you will locate suitable work using our Services.
  5. At no time are we responsible for any remuneration, or any costs incurred by any Worker that are not reimbursed by any Advertiser.
  6. We are in no way responsible for remitting any tax or other payments to any employment regulator or government department or agency on behalf of any Worker. We have no affiliation or association with any Advertiser at any time beyond providing these Services.
  7. The use of our Website is intended only for lawful and ethical purposes by Employers seeking to fill any Position Vacancy and for Workers seeking employment or to work as an independent contractor. Users may not use our Website (or encourage or assist others to use it) for any purpose that is prohibited by our Terms or by any applicable law.

3. REGISTRATION

  1. All Users must register in order to gain access to this Website and our Services.
  2. We may, at our sole discretion, determine who is eligible to register with the Website.
  3. Users must keep their log-in name and password in a secure place and you must not allow any unauthorised person to use your log-in name and password to gain access to any of our Services.
  4. Where Users are required to provide information on the Webform, you agree:

(a)   to provide true, accurate, current and complete information about the User as requested during the registration process or at any time we request that you update your information;

(b)  to maintain and promptly update your information to ensure it is up-to-date, complete and accurate at all times; and

(c) not to impersonate any other person or create a profile in the Directory for any person or other legal entity that is fictitious.

4. SUBSCRIPTION AND ADVERTISING FEES

    1. The subscription packages and Subscription Fees are as published on the Website and may be changed by us, which changes will take effect following the end of the current Subscription Period of any User.
      • Employers will pay a 6 monthly or annual Subscription Fee;
      • Workers will pay an annual Subscription Fee paid monthly in advance;
      • Facility & Service Providers will pay an annual Subscription Fee for their listing in the Directory.
    2. Students at eligible Australian training and educational institutions may qualify for free subscriptions to the Website.
    3. Advertising Material will be published on a weekly or monthly basis with Advertising Fees paid in advance. Advertising Fees paid by Advertisers must be paid on time in accordance with our invoice terms. Any late payment or failure to pay may result in the delay in publishing your Advertising Material or your Advertising Material may be removed without notice.
    4. All Subscription Fees and Advertising Fees set out or referred to in the invoices or on the website are in AUD inclusive of GST and other governmental charges.
    5. All Subscription Fees and Advertising Fees may be paid by credit card (Visa, Mastercard, American Express), Direct Debit, Apple Pay and PayPal. We do not process any payments on the website or store credit card information on the website. In the event payment transactions occur on our website, credit card information goes directly to third-party payment processors using secure payment technology and those third-parties process the transaction and send us the confirmation of payment.

5. WARRANTIES BY WORKERS & EMPLOYERS

    1. Each Worker warrants that at all times:
      • you have the right to work in Australia; and
      • if there is an age requirement specified in any Position Vacancy, that you meet this age requirement.
    2. Each Employer warrants that at all times:
      • (a) You will comply with the Australian Competition and Consumer Commission (ACCC) guide on job advertising, including ‘Misleading job and business opportunity adverts: how to handle them’, which publication can be accessed at http://www.accc.gov.au/publications/misleading-job-and-business-opportunity-adverts-how-to-handle-them;
      • (b)  Any Position Vacancy that you upload to the Website does not contravene applicable anti-discrimination and/or equal opportunity legislation as amended from time to time, including anti-discrimination legislation relating to age, disability, sex or sexual orientation, race, religion or ethnicity;
      • (c) You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, escort, sexual, soliciting, offensive or any illegal activities;
      • (d)  The terms and conditions of Position Vacancy offered by you must comply with any relevant award or registered agreement and the provisions of the Fair Work Act 2009 (Cth), including the National Employment Standards (NES); and
      • (e)  You will provide a safe working environment for Workers, that you will comply with the relevant workplace health and safety legislation and will have and maintain any insurance policies or workers’ compensation arrangements that are required by any relevant legislation.

6. PRIVACY

  1. We will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in relation to personal information, you provide to the Website. Please refer to our full Privacy Policy on this Website for details of how we collect, store and use your personal information.
  2. We reserve the right to disclose a User’s name and any other personal information to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.

7. DUTIES OF EMPLOYERS

    1. All Employers warrant that, as soon as practicable after receipt of personal information from a Worker in response to a Position Vacancy, you will.
      • provide the Worker with a copy of your own privacy policy or a link to your privacy policy; and
      • advise the Worker that any information you collect about them will be stored, used and disclosed in accordance with your privacy policy and the Australian Privacy Principles (APP).
    2. Employers agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees that we may incur, including but not limited to any civil penalties which may be imposed, as a result of:
      • your breach of these Terms;
      • a breach of the Privacy Act 1988 (Cth) or the APPs by you; or
      • any indirect breach of the Privacy Act 1988 (Cth) or the APPs by us that is caused by your non-compliance with Clause 7.1 (a) & (b) above;
      • your breach of any warranties you give in these Terms or your breach of any other provisions of these Terms, including but not limited to, any failure by you to comply with Clause 7.1 (a) & (b) above;
      • Advertising Material and Content you upload to our Website;
      • any activity you may engage in through our Website or any use of our Services;
      • any unauthorised use of our Website by you or anyone obtaining your login information;
      • any claim by you in relation to, or arising out of, any Position Vacancy on the Website or in relation to, or arising out of, any Employer’s communications or dealings with any Worker; and
      • any claim you make arising under any contract of service or contract for services with a Worker in relation to the Worker’s acts or omissions to act that may be claimed to be breaches of contract, torts or statutes governing the relationship between you and the Worker.

8. DUTIES OF WORKERS 

    1. Each Worker warrants they will:
      • provide correct, accurate, reliable and up-to-date information about educational achievements and qualifications, certificates, licenses to provide specialist services, list of skills, experience, capacities and all other matters related to your skills and expertise, including your availability for work;
      • ensure you are reasonably qualified and legally entitled to perform any job that is advertised in any Position Vacancy, which you expressly or impliedly represent yourself as capable of filling; and
      • when it is a requirement of any Position Vacancy, Workers must also hold or be entitled to hold a national police certificate or a working with children certificate.
    2. Workers agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from:
      • your breach of these Terms;
      • Advertising Material and Content you upload to our Website;
      • any activity you may engage in through our Website or any use of our Services;
      • any unauthorised use of our Website by you or anyone obtaining your login information;
      • any claim by you in relation to, or arising out of, any Position Vacancy on the Website or in relation to, or arising out of, any Employer’s communications with you or dealings with you; and
      • any claim you make arising under any contract of service or contract for services with an Employer in relation to the Employer’s acts or omissions to act that may be claimed to be breaches of contract, torts or statutes governing the relationship between you and the Employer.

9. DUTIES OF ADVERTISERS

  1. All Advertisers represent and warrant that by posting any Advertising Material on the Website:
    • the publication of the Advertising Material does not breach any statutes, regulations, standards, codes or guidelines, including, but not limited to, the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law (ACL) mandatory codes or guidelines published by the Australian Competition and Consumer Commission (ACCC) or voluntary codes or guidelines that apply to you;
    • the publication of the Advertising Material does not breach any third party rights, including, but not limited to, copyright, registered trade mark or unregistered trade marks; and
    • the Advertising Material will not be defamatory, offensive, illegal, in contempt of court or parliament or otherwise likely to attract legal proceedings of any kind.
  2. Advertisers agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees that we may incur, including but not limited to any civil penalties which may be imposed, as a result of:
    • your breach of any warranties you give in these Terms or your breach of any other provisions of these Terms, including but not limited to, any failure by you to comply with Clause 9.1 (a) to (c) above; or
    • the publication or communication of the Advertising Material to the public.

10. ADVERTISING MATERIAL: RESPONSIBILITY AND LIABILITY

    1. We will not be responsible to the Advertisers or liable for:
      • checking the correctness of the Advertising Material, or identifying any errors in the Advertising Material, in the form it is received from the Advertiser;
      • the actual positioning or prominence of the Advertising Material on the Website; or
      • the failure, corruption or malfunction of the electronic storage, display or data retrieval software that operates the Website.
    2. Subject to paragraph 10.1, if the Advertising Material contains an error caused by us and this detracts materially from the Advertising Material, and provided the Advertiser gives written notice to us of the error: 
      • within 5 Working Days of its first publication on the Website in the case of a single publication order; or
      • before either the  subsequent ‘go live’ date for its publication on the Website in the case of a multiple publication order,

        we will at our absolute discretion either:
      • reimburse the Advertiser in whole or in part, the charge for the publication of the Advertising Material; or
      • give the publication on the Website credit for the cost of publication of the advertisement containing the error; or
      • repeat the publishing of the Advertising Material without charge to the Advertisers,

        and to that extent such reimbursement, credit or re-publication (as the case may be) will be our total liability to the Advertiser. 
    3. Except to the extent specified in paragraph 10.2 we will not be liable for any loss or damage suffered by the Advertiser as a result of any total or partial failure of publication or availability of the Advertising Material on the Website during the time period the Advertising Material is scheduled to be published, or for any error, or omission in the publication of the Advertising Material. Further, the Advertiser acknowledges there is no guarantee of increase in business, revenue, interest, traffic, or otherwise as a result of the Advertising Services. Without limiting the foregoing, we will not be liable to the Advertiser for any (i) loss of profits, goodwill or business, or (ii) indirect or consequential loss, resulting from any failure to publish the Advertising Material or resulting from errors in the publication of the Advertising Material. 

11. USER-GENERATED CONTENT

  1. By submitting or posting any User-Generated Content to the Website for publication in The Loop and/or any communication or social networking platform provided for Users on the Website, you warrant that:
    • the User-Generated Content does not infringe any third party rights, including, but not limited to, copyright, privacy rights and any right to keep information confidential;
    • the User-Generated Content is not defamatory of any person, contain any malicious falsehoods or portray any person in a false light to the public; and
    • you are not breaching any laws, regulations, standards, codes or guidelines by publishing the User-Generated Content on the Website, including but not limited to, User-Generated Content that promotes or provides information about unlawful activities or conduct, or User-Generated Content that is in breach of commonwealth or any state or territory anti-discrimination legislation.
  2. In relation to any User-Generated Content uploaded or submitted by you for publication in The Loop and/or any communication or social networking platform provided for Users on the Website, you warrant that you are either the author or creator of any photographs, artistic and literary works, video and other copyright material you uploaded or submitted to the Website or you are licensed by the owner to publish or communicate such copyright material and that its publication on the website will not breach or infringe the copyright or any other intellectual property right of any person, corporation or other legal entity.
  3. In relation to any User-Generated Content uploaded or submitted by you for publication in The Loop and/or any communication or social networking platform provided for Users on the Website, you agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees that we may incur, including but not limited to any civil penalties which may be imposed, as a result of:
    • your breach of the warranties in Clauses 11.1 & 11.2 above; or
    • the publication or communication to the public of the User-Generated Content.

12. CONTENT OF WEBSITE

    1. We may, but are not obligated to, refuse to publish or remove any Advertising Material, Content or User Generated Content that we determine in our sole discretion violates these Terms or may be unlawful, offensive, defamatory, obscene or that might violate the rights of, harm, or threaten the safety of Users or violates a third party’s intellectual property rights.
    2. By submitting any Advertising Material, Content or User Generated Content to the Website and/or any communication or social networking platform provided for Users on the Website you grant to us an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt the Advertising Material, Content or User Generated Content and we are permitted by you to grant to others the right to reproduce, use and re-use your Advertising Material, Content or User Generated Content in any form of media or technology for the promotion of Website, including, but not limited to, in print or on any social media platform or any other online communication media.

13. ACCESS TO WEBSITE

    1. The Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
    2. We make no warranty that the Website or the Services will meet the requirements of any User or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
    3. Users agree that you will not do any of the following:
      • up-load, post or transmit any viruses, malware, trojans, worms or any other forms of malicious computer script to our Website;
      • use any robot, spider, scraper or other automated means to perform searches on our website; or
      • copy, disassemble, decompile or reverse engineer the computer programs and software apps used on our Website.

14. INTELLECTUAL PROPERTY

  1. All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.
  2. All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants Users any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.
  3. Users agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.
  4. Users are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website. Any unauthorised use of the material appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

15. CANCELLATION AND TERMINATION OF YOUR ACCESS TO THE WEBSITE

  1. Users agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation:
    • your breach of these Terms;
    • any suspected misleading or deceptive, fraudulent, abusive or illegal activity you engage in, or benefit from, in relation to your use of the Services; and
    • your providing false or misleading information when you complete the Webform to subscribe to the Services provided on our Website or when you change your information on our Website.
  2. Upon such termination or suspension of a User’s account, regardless of the reasons, the right of the User to access and use the Website immediately ceases and we may immediately deactivate your profile or delete the User’s account and all Advertising Material, Content, User Generated Content and other information.
  3. We will not be liable to the User, whose account has been terminated or suspended, for:
    • any refund of fees; and
    • any claims or damages made by the User arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
  4. If you want to cancel your subscription to our Website, you can do so by logging in to the website and terminating your account by using the account settings in your profile.
  5. We reserve the right to disclose the name and any other personal information of a User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

16. LIMITATION OF LIABILITY

  1. Under no circumstances will we be responsible for any loss, damage, injury or death resulting from any Advertiser and/or any Worker failing to comply with their obligations under the relevant workplace health and safety legislation, or contractual obligations or obligations arising under the law of negligence, as to safety of the workplace at which the services described in the Position Vacancy or other material posted to the Website will be carried out.
  2. Under no circumstances will we be responsible for any loss, damage or costs:
    • incurred as the result of any inaccuracy of any information in any Advertising Material, Content or User Generated Content about any education or training event and live performance or other event, including but not limited to any social event or charity event;
    • resulting from any changes to the dates or timing of any education or training event and live performance or other event;
    • resulting from any changes to the content or scheduling of any education or training event; or
    • resulting from any changes to the performers or program presented at any live performance or other event.
  3. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).   
  4. Our liability to you is governed solely by the ACL and these Terms. We make no representations or warranties of any kind, express or implied, about:
    • the completeness, accuracy or reliability of the information you obtain from the use of our Services; or
    • whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.
  5. We expressly disclaim all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
  6. Subject to your Statutory Rights, we will in no way be liable to Users for any direct, indirect, incidental, special, or consequential loss or damage of any nature or type (including any physical, mental or emotional injury, death, loss of opportunity or loss of revenue or profits) as a result of your use of this Website, or anything related directly or indirectly to your use of our Services. We also do not accept any responsibility for and are not liable for any loss or damage resulting from reliance by any User of any information on this Website or accessed by any User though the Services provided on this Website.
  7. When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
    • The supply of any services again; or
    • The payment of the cost of having any services supplied again, and in any event, our liability to you will not exceed  AUD$100.
  8. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  9. No agency, partnership, joint venture, or employment relationship is created between you and us as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.

17. MEDIATION AND DISPUTE RESOLUTION

    1. All disputes, issues, dealings and complaints arising from any dealings or arrangements between Workers and the Employers:
      • in relation to a job described in any Position Vacancy or in any other information posted on the Website; or
      • arising from the use of the Services,

        are directly between Workers and the Employers only and Users hereby waive any legal claims against us in respect to such disputes. Workers and the Employers agree to indemnify us for any costs we incur in relation to any claim which may result directly or indirectly from any disputes, issues, dealings and complaints arising from any dealings or arrangements between Workers and the Employers.
    2. We encourage Users to try and resolve disputes directly or through mediation provided by a provider of alternative dispute resolution (ADR) services. The Users are responsible for paying any costs associated with the ADR service in accordance with the terms and conditions of the ADR service.
    3. If a dispute, claim or issue arises between any Employers, Workers or Facility & Service Providers or Advertiser in connection with our Services or Advertising Services or these Terms:
      • the dispute, claim or issue arising out of or in connection with our Services may be settled by confidential mediation at either party’s election and each party will bear its own costs for the alternative dispute resolution (ADR) services; and
      • those parties agree that confidentiality is paramount to the reputation of those parties. At no time must any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments about a party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

18. PARTIAL INVALIDITY OF PROVISIONS

  1. If any provision of these Terms is void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provisions of this agreement; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.
  2. Where any provision of these Terms would by any applicable statute be illegal, void, or unenforceable in any State or Territory of Australia then such provision shall not apply in that State or Territory and will be deemed never to have been included in these terms and conditions in that State or Territory. Such a provision if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph will not affect or modify the full enforceability and construction of the other provisions of these Terms.

19. WHOLE AGREEMENT

  • These terms and conditions represent the whole agreement between you and us concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth of Australia or any State or Territory of Australia.

20. GOVERNING LAW

  • These Terms are governed by the laws of New South Wales, Australia, which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.

These Terms were last modified 7 September 2020 and are effective from that date.

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