Welcome to pm60!
Thank you for visiting our terms and conditions (Terms), the most updated copy of which can always be found at gopm60.com (Website).
We are The Trustee for RAP Family Trust ABN 68 429 616 095 trading as ‘pm60’ (‘we’, ‘our’ or ‘us’) and we provide the project management tool suite known as pm60, as described on our Website (Software).
These terms and conditions (Terms) govern your access to the Software and any updates to the Software which will need to be purchased as set out in these Terms. You can view the most current version of our Terms on this Website. Please read these terms and conditions carefully before agreeing to use the Software.
- In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
- By paying for your Software or otherwise accepting the benefit of any part of your Software, you agree to be bound by these Terms which form a binding contractual agreement between you as the person acquiring the Software or the company you represent and are acquiring the Software on behalf of (‘you’ or ‘your’) and us.
- We may change these Terms at any time by notifying you, and your continued use of the Solution following such an update will represent an agreement by you to be bound by the Terms as amended.
This Software requires a compatible version of Microsoft Excel to function properly. We acknowledge that Microsoft continuously releases version upgrades, which may introduce new features that could inadvertently appear in the user interface of our product. While we have made every effort to ensure the product remains resilient against changes in future versions, we cannot guarantee complete compatibility. We are not responsible for any issues that arise from the use of third-party software, including Microsoft Excel, nor do we guarantee compatibility with all versions or configurations. It is your responsibility to ensure that you have the appropriate software and version required to use the Software effectively.
- By accepting these Terms, you represent and warrant that:
- you have the legal capacity and authority to enter into a binding contract with us; and
- you are authorised to use the payment you provided when purchasing a Software.
- The Software is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Software. By using the Software, you represent and warrant that you are either:
- over the age of 18 years and accessing the Software for personal and commercial use; or
- accessing the Software on behalf of someone under the age of 18 years old and consent to that person’s use of the Software.
- Please do not access the Software if you are under the age of 18 years old and do not have your parent or guardian’s consent, if you are under 16 or if you have previously been suspended or prohibited from using the Software.
- If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “your” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Solution on behalf of a Represented Entity, you represent and warrant that you are authorised to do so
- We will provide you, to the level of service described by us, the Software and the Software Content (Solution).
- Your Software includes the benefits and limitations of your level of service as set out on our Website, or as otherwise communicated to you when you subscribe for your Software (and as amended from time to time by notice to you).
- To use the Solution, you may be required register and provide certain information through the Website or as otherwise communicated to you (Customer Information).
- We reserve the right to designate authorised Users for the Software (exercising reasonable judgment) in written communication to you, and to limit Solution access for individuals who we consider unsuitable.
- You warrant that any information you give to us in the course of completing the customer information process is accurate, honest, correct and up-to-date.
- Once you complete the customer information process , we may, in our absolute discretion, choose to accept you as a registered user of the Solution .
- The Software is intended solely for educational purposes and is designed to assist users in learning project management techniques and concepts using Microsoft Excel tools. The Software does not constitute professional advice, certification, or endorsement. Users are encouraged to seek independent professional assistance for specific project management needs.
- The Software utilizes various technologies to provide the Solution and any associated Software Content. While we strive to ensure a high level of data accuracy, errors may occur due to inherent limitations of technology and variations in the quality of user input into the Solution. Accordingly, we do not warrant or guarantee the accuracy, completeness, or reliability of the Software or its associated Software Content. You acknowledge and agree that any reliance on Software Content is at your own risk.
- You are encouraged to independently review and verify the accuracy of any Software Content developed using the Solution. We will not be held liable for any errors, omissions, or damages arising from the use of the Solution or reliance on the Software Content, including, but not limited to, financial losses, loss of business opportunities, or reputational damage.
- By using our Solution, you acknowledge that errors may occur and accept the risks associated with potential inaccuracies. You agree to hold us harmless and indemnify us from any claims, liabilities, losses, or expenses arising out of or related to the use of our Software or reliance on its associated Software Content.
This Software requires a compatible version of Microsoft Excel to function properly. We acknowledge that Microsoft continuously releases version upgrades, which may introduce new features that could inadvertently appear in the user interface of our product. While we have made every effort to ensure the product remains resilient against changes in future versions, we cannot guarantee complete compatibility. We are not responsible for any issues that arise from the use of third-party software, including Microsoft Excel, nor do we guarantee compatibility with all versions or configurations. It is your responsibility to ensure that you have the appropriate software and version required to use the Software effectively.
The Software is initially locked to the computer on which it is downloaded; however, you may deactivate the product on one personal computer and reactivate it on another, provided you follow the designated deactivation and activation procedures. Additionally, a stable internet connection is required while using the Software. We are not liable for any issues arising from incompatibility with your system, hardware, or software environment. You are responsible for ensuring that your device meets the necessary requirements to run the Software.
You acknowledge and agree that:
- any information provided to you as part of or in connection with the Solution is general in nature, may not be suitable for your circumstances and does not constitute financial, legal or any other kind of professional advice;
- it is your responsibility to comply with applicable Laws relevant to your business, including industrial relations Laws and privacy Laws;
- we merely act as a passive conduit for the online distribution of the Solution and the associated Software Content and we have no obligation to screen the data and information that you input into the Solution;
- the information on the Solution is not to be construed as an endorsement, warranty, or representation of a particular business, its products, services, or business activities;
- the information presented on the Website or the Solution may not always reflect the most current state of affairs and you are encouraged to verify critical information independently;
- information given to you through the Solution is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
- you are solely responsible for all acts and omissions related to your use of the Solution and associated Software Content;
- we have no liability in respect of any damage, loss or expense which arises in connection with the Software and Software Content and you release and hold us harmless from damage, loss or expense which arises from the Software or Software Content;
- we do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to the Software or Software Content or any other information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Solution; and
- you must take your own precautions to ensure that the process which you employ for accessing the Software or Software Content does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
- While your Software is maintained, we grant to you a non-exclusive, non-transferable licence to use the Software for all authorised Users. You are expressly prohibited from sharing your Software with any other third party.
- We may from time to time, in our absolute discretion, release enhancements to the Software, meaning upgraded, improved, modified or new versions of the Software (Enhancements). Any Enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime unless otherwise specified by us in writing.
- We may change any features of the Solution at any time on notice to you.
We will provide general support where reasonably necessary to resolve technical issues with the Software (Support Services). Unless otherwise agreed in writing:
- we will take reasonable steps to provide Support Services where necessary (you must first endeavour to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control);
- we will use our best endeavours to respond to requests for Support Services and you acknowledge that we may not be available at all hours of the day or respond within a particular time frame;
- you are responsible for all internal administration of access to the Solution, including storing back-up passwords and assisting your Users to access and use the Software; and
- you will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.
We will store User Data you upload to the Software using a third party hosting service selected by us (Hosting Services), subject to the following terms:
- (hosting location) You acknowledge and agree that we may use storage servers to host the Software through cloud-based services.
- (service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that User Data will be accessible or available at all times.
- (security) We will use our best efforts to ensure that User Data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration of User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
- (backups & disaster recovery) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.
You agree to:
- provide us with all documentation, information and assistance reasonably required by us to provide the Solution; and
- provide us with access to any third party or other Softwares used by you (including log-in details and passwords), as is reasonably required by us to provide the Solution.
- You warrant that all information, documentation, User Data and other Material you provide to us for the purpose of receiving the Solution is complete, accurate, and up-to-date, and that you have complied with any required authorisations to provide such information (including but not limited to compliance with privacy obligations, Intellectual Property Rights, copyrights, trademarks, and patents).
- You release us from all liability in relation to any loss or damage arising out of or in connection with the Solution, to the extent such loss or damage is caused or contributed to by information, documentation, User Data or any other Material provided by you being incomplete, inaccurate or out-of-date.
- You must, and must ensure that all Users, comply with these Terms at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss or expense which arises in connection with your, your Personnel’s, or any User’s, breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.
- You must not, and must not encourage or permit any User, Personnel or any third party to, without our prior written approval:
- upload sensitive information or commercial secrets using the Software;
- upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Software;
- use the Software for any purpose other than the purpose for which it was designed;
- use the Solution in a manner that is illegal or fraudulent, or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
- upload any material that is owned or copyrighted by a third party unless you have the appropriate authority or licence to do so;
- make copies of the Software Content or the Software;
- adapt, modify or tamper in any way with the Software;
- remove or alter any copyright, trade mark or other notice on or forming part of the Software or Software Content;
- act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Software;
- use the Software in a way which infringes the Intellectual Property Rights of any third party;
- create derivative works from or translate the Software or Software Content;
- publish or otherwise communicate the Software or Software Content to the public, including by making it available online or sharing it with third parties;
- integrate the Software with third party data or software, or make additions or changes to the Software, (including by incorporating APIs into the Software) other than in accordance with any instructions provided by us in writing;
- intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Software;
- sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Software Content to any third party, other than granting a User access as permitted under these Terms;
- decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
- share your access to the Software, including log in details or passwords, with any person who is not an authorised User;
- allow any person to use your Software who is not an authorised User and you must immediately notify us of any unauthorised use of your Software, password or email, or any other breach or potential breach of the Solution’s security;
- make any automated use of the Solution;
- copy, reproduce, translate, adapt, vary or modify the Solution; or
- attempt to circumvent any protection mechanism or other security feature of the Software.
- If you become aware of misuse of your Software by any person, any errors in the Software Content or any difficulty in accessing or using your Software, you must contact us immediately using the contact details or form provided on our Website.
- You agree, and you must ensure that all Users agree:
- to comply with each of your obligations in these Terms;
- that information given to you through the Software, by us or any other User, is general in nature, and we take no responsibility for the results of any actions you take in reliance on that information; and
- that, subject to the requirements of clause 3,we may cancel your, or any User’s, Software at any time if we consider, in our absolute discretion, that you or they are in breach of, or are likely to breach, this clause 6.
- We may from time to time offer a free trial period of the Solution at a length of our choosing (Free Trial Period). Throughout the Free Trial Period, no payments will be required, however the terms and conditions applicable to a standard Software Period will otherwise govern the Free Trial Period.
- Upon the expiration of the Free Trial Period, your access to the Software will automatically terminate, unless both parties agree in writing to upgrade to a paid Software.
- You must pay the Software fees to us in the amounts specified on the Website for your Software, or as otherwise agreed in writing (Software Fees).
- All Software Fees must be paid in advance and are generally non-refundable for change of mind.
We reserve the right to suspend all or part of the Solution indefinitely if you fail to pay any Fees in accordance with this clause 7.
Unless otherwise indicated, the advertised product price does not include sales taxes. Sales taxes—based on the customer’s location—may be applied at the time of purchase. In relation to any sales taxes payable for a taxable supply by us, you must pay the applicable taxes, subject to our providing a tax invoice.
We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- We may use a third-party online payment partner, currently (Online Payment Partner), to collect Software Fees.
- Provided that the Service Provider has notified you of their Third Party Terms and provided you with a copy of those terms, you acknowledge and agree that:
- the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found in the PayPal Privacy Statement;
- you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment; and
- We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
- You have the right to reject any terms and conditions of the Online Payment Partner. If you reject those terms, we cannot provide you with a Software and clause 14 will apply.
- (Our ownership) We retain ownership of all Software Content and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Software Content not expressly granted to you.
- (Licence to you) You are granted a licence to the Software Content and you may make a temporary electronic copy of all or part of the Software Content for the sole purpose of viewing it and using it in relation to the Software. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Software Content without prior written consent from us or as otherwise permitted by law.
Our Rights and Obligations
- You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use User Data to the extent reasonably required to provide the Solution, and for our internal business purposes, including to:
- improve the Solution, our business, and our other products and services;
- apply machine learning and other analytics processes to the User Data; and
- gain commercial insights and other associated learnings.
- We reserve the right to remove any User Data at any time, for any reason, including where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.
Your Obligations and Grant of Licence to Us
- You are responsible for ensuring that:
- you share User Data only with intended recipients; and
- all User Data is appropriate and not in contravention of these Terms.
- You also:
- warrant that our use of User Data will not infringe any third-party Intellectual Property Rights; and
indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.
- By using the Solution or uploading or creating any User Data, you acknowledge, agree, and warrant that you are not infringing on any privacy obligations or Intellectual Property Rights, including but not limited to copyrights, trademarks, and patents.
- You agree to use and upload content entirely at your own risk, and acknowledge that we play no part in verifying the lawfulness of uploads or in preventing the infringement of any privacy obligations or Intellectual Property Rights.
- You agree that we shall not be liable for any infringement of privacy obligations or Intellectual Property Rights resulting from your use of the Solution or your uploaded or created content.
- Any of your additional Users or Personnel who are not a party to these Terms acknowledge, agree and warrant that they are not infringing on any privacy obligations or any Intellectual Property Rights by using the Solution or by uploading or creating content, and that if they are, they are solely responsible for any legal consequences arising from such infringement.
- Your additional Users or Personnel acknowledge that they use the Solution entirely at their own risk, and that we are not liable for any infringement of privacy obligations or Intellectual Property Rights resulting from their use of the Solution or their uploaded or created content.
- For the avoidance of doubt, by uploading User Data to our Website or otherwise using the Solution, you confirm that:
- you are the creator and owner of the User Data, or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us to use your uploaded User Data in any manner contemplated by our Solution;
- you have the written consent, release, and/or permission of each and every identifiable individual person in your uploaded User Data for you to use their name or likeness to enable our Solution to include and use your uploaded content in any manner it requires; and
- you are solely responsible for any Software Content generated using uploaded User Data that you do not own or do not have permission to use.
- If we are required to acquire goods or services supplied by a third party (with the relevant documentation from that third party), you may be subject to the terms and conditions of that third party (Third Party Terms).
- Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you must agree to all that are applicable to the provision of the Solution to you and agree that we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
- You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Solution to you and clause 14 will apply.
- Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party’s prior written consent.
- Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.
- The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.
- (Warranties) We warrant that:
- during the Software Period, the Solution will be provided as described to you in, and subject to, these Terms; and
- to our knowledge, the use of the Software in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
- (Errors) While we have made every genuine effort to ensure this product is free of errors, bugs, and defects, we acknowledge that, as a downloadable Excel file, any issues that arise can only be addressed in subsequent version releases. Therefore, we cannot guarantee that the Software is entirely free from errors, bugs, or defects. Any such issues that are identified and reported to us will be noted for future updates, unless they arise from:
- the interaction of the Software with any other solution or computer hardware, software, or services not approved in writing by us;
- misuse of the Software; or
- your use of the Software other than in accordance with these Terms or the Software Content.
- (Service Limitations) While we will use our best endeavours to ensure the Solution is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
- the Solution may have errors or defects;
- the Solution may not be accessible at times;
- messages sent through the Solution may not be delivered promptly, or delivered at all;
- information you receive or supply through the Solution may not be secure or confidential; or
- any information provided through the Solution may not be accurate or true.
- (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
- (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
To the maximum extent permitted by law the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the Solution is limited to the total Fees paid to us by you in the purchase of the Solution.
To the maximum extent permitted by law, neither party will 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 in connection with these Terms or any goods or services provided by us, except:
- in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
- to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
- We may terminate these Terms or any Software in whole or in part immediately by written notice to you, at any time for any reason, including if:
- you, a member of your Personnel, or a User, are in breach of any term of these Terms; or
- you become subject to any form of insolvency or bankruptcy administration.
- If a party (Notifying Party) considers that the other party is in breach of this agreement (the Breach), the Notifying Party may provide a notice to the other party the nature and details of the Breach.
- The other party will have 10 Business Days (or longer, in the Notifying Party’s discretion) to rectify the Breach (Rectification Period).
- After the Rectification Period, the Notifying Party will notify the other party that:
- where the Breach has been successfully rectified, that the agreement will continue; or
- where the Breach has not been successfully rectified, that this agreement is terminated (Termination for Breach Notice).
- Following a Termination for Breach Notice:
- your Software will immediately terminate and you and your Users will no longer have access to the Solution, User Data or your Software; and
- f you are the Notifying Party, no further fees will be payable by you (unless later found that such termination was invalid); or
- if we are the Notifying Party, you must pay any outstanding Fees for the Software provided (or that would have been provided but for the termination notice) up to the date of termination.
- Upon termination of these Terms you will no longer have access to the Software, your Software or your User Data and we will have no responsibility to store or otherwise retain any User Data. You release us in respect of any loss or damage which may arise out of us not retaining any User Data beyond that point.
- Notwithstanding termination of these Terms, any clause contained in these Terms that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry, including but not limited to clauses 6.3, 7, 8, 11, 12, 14 ,15, 16.
- A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
- We will not be liable for any delay or failure to perform our obligations under this agreement, if such delay or failure arises out of a Force Majeure Event.
- If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
- reasonable details of the Force Majeure Event; and
- so far as is known, the probable extent to which we will be unable to perform or be delayed in performing our obligations under this agreement.
- Subject to compliance with clause 14(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
- For the purposes of this agreement, a ‘Force Majeure Event’ means any:
- act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
- strikes or other industrial action outside of the control of us;
- any choice made by you beyond the reasonable control of us, to the extent it affects our ability to perform our obligations under this agreement;
- war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
- any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.
- A notice or other communication to a party under these Terms must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in the Order, or if no email address is specified in the Order, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
- whichever is earlier.
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 this agreement. 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.
No party to this agreement 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.
Any term of this agreement 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 this agreement is not limited or otherwise affected.
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
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 this agreement.
- (singular and plural) words in the singular include the plural (and vice versa);
- (currency) a reference to $ or “dollar” is to United States of America currency unless otherwise specified at the time of purchasing of the Solution;
- (gender) words indicating a gender include the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) 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 this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
