Terms & Conditions

TERMS AND CONDITIONS

The parties identified in the Registration Form, which is incorporated into these Terms and Conditions as part of the Schedule, hereby acknowledge that they have meticulously reviewed and fully understand the terms, conditions, and obligations set forth herein. Each party agrees to abide by these Terms and Conditions, including any amendments or updates that may be made from time to time, with respect to the use, access, management, and transactions involving the Box, as governed by the License.

DEFINITIONS

For the purposes of these Terms and Conditions, unless the context dictates otherwise:

Definitions:

Act refers to the Corporations Act 2001, including any amendments, re-enactments, or successor legislation.
Agreement encompasses the Registration Form, these Terms and Conditions (as amended periodically), and any other documents forming part of the Agreement between the Company and the Licensee, including any schedules or appendices.
Authorised Person denotes the individual identified in the Agreement or any other individual notified in writing to the Company by the Licensee as an Authorised Person.
Authority includes any government or semi-governmental body, regulatory or judicial entity, department, commission, agency, or organization, including revenue authorities and self-regulatory bodies established by statute.
Basic Policy is defined as specified in clause 18.
Box signifies the safety deposit box in the Vault Facility designated for exclusive use by the Licensee, as detailed in the Registration Form or elsewhere in the Agreement.
Business Day means any day other than Saturday, Sunday, or a public or bank holiday in Perth, WA, Australia.
Company refers to VIP Vaults Pty Ltd ABN 16668126761.
Company Key is a key corresponding to the Licensee Key, held by the Company.
Company Representative is an individual or individuals employed by the Company who are authorized to facilitate and manage access to the Box.
Commencement Date is the start date of the Agreement.
Direct Debit Authorisation and Direct Debit refers to the section of the Registration Form titled “Automatic Renewal” and includes any additional or replacement Direct Debit Authorisation provided by the Licensee to the Company during any Period, further Period, or extended Period of the Agreement.
Due Date is the scheduled date for a payment to be made by the Licensee to the Company, regardless of whether it falls on a public holiday, Saturday, or Sunday
Extended Policy refers to any additional insurance policy described in clause 17.
Fee Schedule indicates the Fees published periodically.
Identification Requirements are the criteria outlined in clause 21 or any other requirement communicated in writing by the Company to the Licensee.
Insolvency Event pertains to the condition where a person or entity is declared bankrupt, placed into liquidation, receivership, administration, or official management, enters into an arrangement or compromise with creditors, becomes unable to settle debts as they become due, or experiences a similar event.
Key Deposit is the amount specified in the Registration Form or any subsequently communicated amount by the Company to the Licensee.
License Fee represents any payments required from the Licensee to the Company in connection with the Agreement, as determined and notified by the Company.
Law encompasses all statutes, rules, regulations, proclamations, ordinances, or by-laws, including amendments or re-enactments.
Licensee refers to the individual(s), incorporated entity, or Trustee of a Trust or Superannuation Fund listed in the Agreement or any person nominated by the Licensee(s) and approved by the Company with full operational rights.
Licensee Keys are the keys issued by the Company for a specific Box, retained by the Licensee or their Authorised Person.
Loss involves any damage, cost, expense, or liability incurred by a person, or any claim, action, proceeding, or demand made against them, whether arising now or in the future, whether fixed or contingent.
Operating Hours are the hours specified or published by the Company, currently Monday to Friday : 9:00 am to 5:00 pm, Saturdays and Sundays 8:00 AM to 12:00 Noon (excluding public holidays).
Opt-In Fee is the annual fee set by the Company, as communicated to the Licensee, for coverage under the Extended Policy upon the Licensee’s request.
Party means each entity named in the Agreement.
Period refers to the duration of the license as outlined in the Registration Form or as otherwise adjusted according to these Terms and Conditions.
Prohibited Property includes items listed in clause 6(b) and any additional items specified by the Company and communicated in writing to the Licensee.
Property pertains to the Licensee’s belongings stored in the Box.
Published refers to information listed or reproduced on the Company’s website, including any variations or modifications.
Renewal Commencement Date is the day immediately preceding the anniversary of the Commencement Date, regardless of whether it falls on a public holiday, Saturday, or Sunday.
Registration Form is the Company’s form completed by the Licensee, as amended or modified.
Schedule means the schedule attached to these Terms and Conditions or any other document between the Company and the Licensee that is part of the Agreement, including the Registration Form.
Termination Date is the date on which the Agreement ends.
Terms and Conditions refers to these terms and conditions, including any amendments, variations, or replacements published on the Company’s website and/or premises.
Vault Facility denotes the premises of VIP Vaults located at Unit 5, 74 Wellington Street East, Perth WA 6004, including any future branches within Australia.

2. AGREEMENT

In exchange for the Licensee’s payment of the License Fee to the Company, and adherence to the terms of this Agreement by the Licensee and its Authorised Persons, the Company agrees to allocate and grant the Licensee a license to exclusively utilize the designated Box for the duration of the Period

3. PERIOD

The license period commences when the Licensee has paid the License Fee, met all stipulated requirements in the Registration Form and these Terms and Conditions, or fulfilled any additional conditions specified by the Company, and when the Box has been allocated and the Licensee Keys have been issued (Commencement Date). The Period will automatically renew on the day preceding the anniversary of the Commencement Date (Renewal Commencement Date), regardless of whether this day falls on a public holiday, Saturday, or Sunday.

4. RENEWAL OF PERIOD

Subject to the conditions outlined in this Agreement, and unless otherwise specified, the Period will be renewed on the last day of each term, with the Renewal Commencement Date occurring on each anniversary of the license term, provided that the License Fee has been paid according to the payment method outlined in the Registration Form or as otherwise communicated by the Licensee to the Company in writing.

5. DOCUMENTATION AND LICENSE FEE

The Licensee is required to:

Submit all identification documents as requested by the Company. Such documentation must be provided as:
- Original documents; or
- Certified copies of the original documents, with certification no older than 12 months from the date of application, and presented to the Company at the time of application; and
- Notify the Company in writing of any change of name, and provide the documents specified in clauses 5(a)(i) or 5(a)(ii) to evidence the name change within seven (7) days of the change.
- Pay the License Fee for the entire Period in advance and on or before the Commencement Date. The Agreement will only commence once the License Fee and all required identification documentation have been provided and accepted by the Company.
- Pay the Key Deposit as detailed in the Registration Form to the Company.
- Pay the License Fee for subsequent renewals in accordance with these terms and conditions by the due date. The Agreement will terminate if not renewed.

The License Fee is the amount specified in the Registration Form Payment Terms or as otherwise notified to the Licensee by the Company from time to time.

Any additional charges applicable to the Licensee, as outlined in the Agreement or subsequently amended, modified, increased, or decreased, will be communicated to the Licensee in writing.
Payments must be made via cash, bank transfer, approved credit or debit card, or any other method as directed by the Company.
A Direct Debit Authority must be completed upon entering this Agreement and will apply to all payments due to the Company from the Licensee.
- The Direct Debit Authority, which is part of this Agreement, must be kept current at all times. Failure to do so constitutes a fundamental breach of this Agreement. The Licensee agrees that, on the day before the anniversary of the Commencement Date, the Company will debit the License Fee applicable to the Renewal Period, along with any other amounts owed by the Licensee.
- If the direct debit is not honored by the Licensee’s bank, the Licensee will be deemed to be in breach of this Agreement, and all associated fees and charges incurred by the Company will be payable by the Licensee. The Licensee must reimburse the Company for each dishonored transaction fee as determined by the Company’s bank, in addition to an administration fee charged by the Company at its sole discretion.
Unless otherwise determined by the Company, the License Fee will increase annually by five (5) percent.

6. BOX CONTENTS

The Licensee is permitted to utilize the Box for storing items that legally belong to the Licensee and that can only be accessed by the Licensee or authorized individuals appointed by the Licensee.
The Licensee is prohibited from storing:
- any liquids;
- items that are offensive or unlawful in nature;
- any substances classified as hazardous or dangerous by applicable laws;
- items that are flammable, corrosive, dangerous, or perishable;
- any form of weapons, whether functional or not;
- items that could cause a disturbance or nuisance to others;
- items for which the Licensee does not have exclusive legal rights;
- items that may expose the Company to liability, penalties, or legal action;
- items that require special handling or storage conditions for safe or proper preservation (“Prohibited Property”).
The Licensee warrants and confirms that the property stored in the Box complies with the stipulations of this clause 6.
If the Company becomes aware that prohibited items have been stored in the Box, it may remove such items and take lawful actions, including disposal or handing over to the relevant authorities. The Company will not be liable for any losses incurred by the Licensee as a result of such actions. The Licensee agrees to indemnify the Company against any costs arising from the storage of prohibited items.

7. KEYS

(a) Upon fulfilling the requirements specified in clause 5, the Company will issue two (2) keys to the Licensee for each Box.

(b) If the Box is jointly held by multiple Licensees, the Company may issue the two (2) keys to one of the Licensees.

(c) The Box may only be opened in the presence of both a Licensee holding a key and a Company representative with a corresponding key.

(d) All keys remain the property of the Company.

(e) The Licensee must:

(i) not duplicate or arrange for the duplication of the keys.
(ii) not mark the keys in any identifiable way;
(iii) ensure the safekeeping of the keys and prevent their destruction, damage, loss, or unauthorized use;
(iv) return all keys in proper working condition upon termination of the Agreement.

(f) The Licensee agrees that:

(i) A key deposit, as outlined in the Registration Form or otherwise notified by the Company, must be paid in full before the keys are provided. This deposit is fixed and applies to all Boxes regardless of size or duration.

(ii) If one (1) key is lost, damaged, or misplaced, the Licensee forfeits any right to a refund of the deposit, and the Company may retain the full amount

(iii) If both keys are lost, damaged, or misplaced, a locksmith will be engaged to open the Box. The Licensee agrees that:

(1) The Licensee must be present during the locksmith’s access to the Box;

(2) In cases where there are multiple Licensees, at least one must be present, and any absent Licensee must provide prior written consent for the locksmith’s attendance;

(3) The Licensee is responsible for all locksmith fees and other associated costs as outlined in the Fee Schedule, payable when the Box is accessed.

8. ACCESS BY LICENSEE AND AUTHORIZED PERSON(S)

(a) The Licensee agrees that only the Licensee and authorized persons will have access to the Box. The Company reserves the right to deny access unless identification requirements are fully satisfied.

(b) Additional authorized persons may be nominated or removed by written notice to the Company, signed by the Licensee(s).

(d) Authorized persons may only access the Box with a Licensee key in the presence of a Company representative with a Company key. If the Licensee is in breach of the Agreement, including failure to pay fees, access to the Box may be restricted until the breach is rectified.

(e) Once access is granted, the authorized person may inspect or add to the contents of the Box without supervision, but they may not terminate the Box license without written consent from the Licensee provided to the Company.

9. ACCESS BY AN AUTHORITY

(a) In circumstances where an Authority or its duly authorized representative serves the Company with a lawful request to access a Box or seeks information pertaining to the Licensee, the Company shall, to the extent legally permissible, comply with such a request. The Company disclaims any liability for losses the Licensee may suffer as a result of complying with such a demand.

(b) If any party, other than those mentioned in clause 9(a), seeks access to the Licensee’s Box or information held by the Company, the Company will resist such access unless instructed otherwise by the Licensee in writing.

(c) Where allowed by law, the Company will notify the Licensee of any legal demand for access to the Box or release of information. If such notice is not given, the Licensee agrees to indemnify the Company for any losses suffered as a result.

(d) The Licensee acknowledges and agrees:

(i) any legal fees and losses incurred by the Company in resisting access to the Box are the responsibility of the Licensee;

(ii) the Licensee will indemnify the Company for all such costs and will promptly pay upon demand.

(e) The Licensee further acknowledges that any legal costs, professional fees, or expenses incurred by the Company in connection with the Box, Licensee information, or contents of the Box are the sole responsibility of the Licensee and are payable upon request.

LIABILITY

(a) Subject to clause 17 of these Terms and Conditions, the Licensee acknowledges and agrees that, to the maximum extent allowed by law:

(i) The Company’s liability to the Licensee or any third party for any losses in connection with the Licensee’s property is limited to the coverage provided under the Basic Policy (or the Extended Policy, if applicable) and the amount recovered under that policy.

(ii) The total liability of the Company to the Licensee shall not exceed the amount recovered under the Basic Policy (or Extended Policy).

(iii) Any implied warranties that may otherwise apply to this Agreement are expressly excluded.

(b) The Licensee indemnifies the Company for any losses the Company incurs, including liability to third parties, arising from the use of the Box or Vault Facility by the Licensee, Authorized Persons, or other individuals attending the Vault Facility with the Licensee.

TERMINATION

(a) Grounds for Termination: This Agreement shall terminate upon the occurrence of any of the following events:

(i) Either party provides the other with no less than thirty (30) days’ prior written notice of termination;

(ii) The Company elects to terminate the Agreement immediately upon the occurrence of a breach of present terms and conditions;

(iii) The expiration of the License Period without renewal by the Licensee.

(b) Effect of Termination: Termination of this Agreement shall not affect any rights or obligations that have accrued prior to the date of termination.

(i) Remove all contents from the Box;

(ii) Return the keys to the Company by one of the following methods:

(1) Physical delivery to the Company;

(2) Registered post; or

(3) Courier, with the Licensee assuming responsibility for any lost keys until their receipt by the Company;

(iii) If unable to remove the contents personally, authorize an Authorized Person to do so by providing written consent to the Company at least seven (7) days in advance;

(iv) Upon the return of the keys, the Company shall consider the Box to be vacated, and no further correspondence shall be required;

(v) If the Box is not vacated, the Company shall handle the contents in accordance with clause 12, with no liability for the Box contents except as provided by applicable law.

(d) Refunds Upon Termination: If termination occurs prior to the end of the License Period due to any act of the company, the Licensee shall be entitled to a pro-rated refund of the License Fee, calculated based on the remaining period following the thirty (30) day notice.

(e) Non-Refundable Fees: If termination occurs for reasons other than those attributable to the company, no refund of the License Fee shall be provided.

(f) Administrative Charges: The Licensee shall not be entitled to any refunds of administrative or other charges upon termination. The Company reserves the right to deduct any outstanding fees from any refund due to the Licensee.

(g) Coverage Termination: Upon termination of this Agreement, the Licensee shall no longer be covered under the Basic Policy or Extended Policy, if applicable.

DISPOSAL OF PROPERTY

(a) Upon termination of the Agreement for any reason, the Licensee must remove all Property from the Box by the last day of the Period. If the last day falls on a non-Business Day, the Property must be removed on the next Business Day.

(b) If the Licensee fails to remove the Property by the required date, the Company may exercise its rights, including the right to sell the Property under applicable laws.

(i) Remove and store the Property at its discretion; and

(ii) Apply to a Court or Tribunal for an order allowing the sale and/or disposal of the Property, applying the sale proceeds toward outstanding License Fees or charges, including storage costs, legal fees, and other expenses. Any remaining balance will be refunded to the Licensee. The Company will comply with all applicable laws regarding uncollected goods.

INSOLVENCY, INCAPACITY OR DEATH

(a) If the Licensee:

(i) Suffers an Insolvency Event;

(ii) Dies; or

(iii) Becomes otherwise incapacitated, with the Licensee’s Property vested in a trustee, executor, or administrator,

the Company may terminate the Agreement and allow the trustee, executor, or administrator to access the Box to remove its contents, in accordance with the Agreement and applicable laws.

(b) Death

(i) Upon the death of the Licensee, the Company will:

(1) Follow all applicable State and Territory laws concerning the deceased’s Estate;

(2) Release the Box’s contents in compliance with the applicable laws of the State;

(3) Engage necessary professionals to ensure compliance with the applicable laws; and

(4) Take all necessary actions to safeguard the Box’s contents for the Licensee’s heir or successor.

(ii) Any costs, fees, or professional services incurred to comply with clause 13(b)(i) will be payable by the Licensee’s Estate.

(i) If the Licensee becomes legally incompetent or incapacitated, the Company will:

(1) Comply with relevant State laws;

(2) Release the contents of the Box in accordance with the laws of the State of Western Australia including the laws related to the Guardianship and Probate;

(3) Engage necessary professionals to ensure compliance with the applicable laws; and

(4) Safeguard the Box’s contents for the Licensee’s appointed Guardian or Power of Attorney.

(d) Any costs, fees, or professional services required to comply with clause 13(c)(i) will be due and payable by the Licensee.

(e) Insolvency of the Company

If the Company enters liquidation, administration, or bankruptcy, the liquidator or administrator must notify the Licensee to remove all Property from the Box. The Company is not entitled to access the Box except as permitted under clauses 5, 6, and 7. If the Licensee fails to remove the Property by the specified date, the Company (or administrator) will apply the provisions of clauses 12(b) and 12(c), including removing the Property and exercising its rights to sell or dispose of the contents.

14. GOODS AND SERVICES TAX (GST)

(a) Definitions

“GST” refers to the tax defined in A New Tax System (Goods and Services Tax) Act 1999 (GST Act) or any other relevant legislation or regulations.
Terms used in this clause 14 that are defined in GST law (including legislative determinations and Australian Taxation Office public rulings) carry the same meaning unless stated otherwise.
A reference to GST payable by a Party includes GST payable by the representative member of any GST group to which that Party belongs.
A reference to an input tax credit entitlement by a Party includes the corresponding entitlement of the representative member of any GST group of which that Party is a member.
If GST law treats part of a supply as a separate supply for determining GST, it will be treated as a separate supply under this Agreement.

(b) Supply as a taxable supply

Unless explicitly included, consideration under this Agreement does not include GST.
Where any supply under this Agreement is a taxable supply, the consideration will be increased by the GST amount payable, and this additional amount will be paid when the GST exclusive consideration is due. A valid tax invoice must be provided to claim GST payment.

LATE PAYMENT AND CHARGES

All fees under this Agreement are payable through the Direct Debit Authority provided by the Licensee. If a Direct Debit is dishonored, the Licensee must settle all outstanding amounts within seven (7) days. If the Licensee fails to do so, the Company may:

(a) Notify the Licensee of a breach of payment terms;

(b) Suspend access to the Vault Facility;

Charge a Box holding fee, including the 30-day notice period for closure;
Charge an administration fee;
Terminate the Agreement;
Apply a $90 late payment fee plus interest at 12% per annum (calculated daily) on all overdue amounts until fully paid.
Pursue recovery of the aforementioned dues, together with accrued interest and any applicable penal charges, through the competent court of law in accordance with applicable legislation.

The Company may attempt to process outstanding amounts via Direct Debit without further notice.

CHANGES TO LICENSEE’S PARTICULARS

(a)Notification of Changes: The Licensee is obligated to promptly provide written notice to the Company regarding any modifications to contact information or details of Authorized Persons.

(b) Submission of Changes: All changes must be communicated in writing and duly executed with a wet ink signature by the Licensee. Such communications may be submitted through one of the following methods: (i) Email attachment; (ii) Registered post; (iii) Hand delivery.

(c) Verification of Changes: The Company reserves the right to request supplementary information or documentation to verify and effectuate any alterations to the Licensee’s or Authorized Person’s details.

INSURANCE

(a) Throughout the term of this Agreement, the Company will ensure that the Vault Facility maintains insurance policies, which the Licensee may choose to “opt-in” to for coverage of the contents in their Box. The Licensee can make this selection either during registration or by notifying the Company in writing at a later date. If the Licensee opts for the Extended Policy of Insurance, the Licensee must specify the desired insured value.

(b) All fees associated with any insurance cover will be borne by the Licensee and will be included in the charges to be paid under the Direct Debit Authority.

(i) Public Liability Insurance (PL Insurance), covering personal injury and third-party property damage, effective from the start date;

(ii) Basic Policy of Insurance, available for the Licensee to opt into at registration or by notifying the Company post-registration, covering up to $10,000 or an amount as determined by the Insurer;

(iii) Extended Policy of Insurance, which the Licensee can opt into for a value chosen by the Licensee, effective upon payment.

(d) If the Licensee opts into the Extended Policy, the insured items may include:

– Gold, Silver, Diamonds, Precious Metals, Jewellery

– Specie, Cash, Securities, Bonds, Certificates, Bills of Exchange

– Other Property or valuable articles

Items must be:

Entrusted to the Company,
Stored in Boxes at the Vault Facility,
Or kept temporarily outside the Box but still within the Vault Facility.

(e) For Basic Policy coverage, the insured value is up to $10,000. If additional coverage is needed, the Licensee must opt into the Extended Policy as outlined in 17(a) and 17(b).

(f) To opt into the Extended Policy for a higher amount, the Licensee must:

(i) Submit a written request specifying the additional insured value,

(ii) This can be done during registration or as per clause 18(a) and 18(b),

(iii) Pay the required Opt-In Fee annually, to be debited automatically under the Direct Debit Authority.

(g) Clarifications:

(i) The Opt-In Fee is due annually and will be determined by the Company based on policy terms and the desired coverage level,

(ii) The fee becomes payable upon receipt of notice from the Company,

(iii) If the Direct Debit fails or is delayed, the Licensee’s coverage under the Extended Policy will be suspended until payment is made.

(h) The Company is not an insurance provider and does not hold an Australian Financial Services Licence.

(i) If the Licensee opts into the Extended Policy, the Company will provide a copy of the policy terms and conditions upon written request, free of charge.

(j) Upon payment of the License Fee or Opt-In Fee, the Company will update the Licensee on the status of their Basic or Extended Policy coverage.

(k) For any claims related to Property stored in the Licensee’s Box, the Licensee must first ensure compliance with the relevant insurance policy. Claims must be submitted in writing as soon as possible but within the insurer’s specified timeframe.

(l) The Licensee acknowledges that:

(i) No claims can be made after the insurer’s specified deadline,

(ii) No further claims can be made against the Company once the deadline has passed,

(iii) The Company will bear no further liability regarding the claim.

AUTHORISED PERSONS

(a) For Licensees that are companies or entities, one or two individuals over 18 may be nominated as Authorised Persons. The Company reserves the right to reject any nominated individual. Nominations of more than two individuals are at the Company’s discretion.

(b) Authorised Persons may:

(i) Handle general activities concerning the Box and its contents,

(ii) Deposit items into the Box.

Their access is limited, and they cannot close the Box or take permanent actions.

(i) Close the Box,

(ii) Terminate the Agreement,

(iii) Request or cancel insurance,

(iv) Take any permanent action—these rights are reserved for the Licensee or their Power of Attorney.

(d) If the Company cannot reach the Licensee using the provided contact details, it may contact the Authorised Person(s) or Next of Kin as provided, to notify the Licensee of:

(i) Agreement breaches or outstanding payments,

(ii) Suspension of access to the Vault or Box,

(iii) Requests for removal of Property from the Box.

(e) The Licensee may revoke or replace Authorised Persons by written notice, subject to any applicable administrative fees after 90 days from the Agreement start date.

ACCESS AND USAGE OF VAULT FACILITY

(a) Only the Licensee and their Authorised Person(s) are permitted access to the Vault Facility.

(b) Before accessing the Vault, the Licensee must provide identification documents as requested by the Company, and biometric verification once the licensee has signed-up.

(d) Vault access is strictly by appointment during operating hours.

(e) The Company may deny access to the Vault or Property if required by law or regulatory directives.

JOINT HOLDING

If multiple parties are named as Licensees, they will be jointly responsible under this Agreement and treated as having equal ownership of the Property. Upon the death of one party, the surviving party will have exclusive access to the Vault and its contents.

IDENTIFICATION & INFORMATION

(a) The Licensee acknowledges:

(i) Under the Anti-Money Laundering and Counter-Terrorism Financing Act (AML/CTF Act), the Company must verify the Licensee’s identity, including the beneficial owners of companies, trusts, etc.,

(ii) A “beneficial owner” is the person who ultimately controls or owns the Licensee,

(iii) This includes anyone directly or indirectly holding 25% or more of the Licensee.

(b) The Licensee must complete the Registration Form in accordance with the AML/CTF Act requirements to ensure proper identification.

(d) The Company also adheres to the Privacy Act 2008 and the Australian Privacy Principles.

(e) The Licensee consents to the Company collecting and using personal information, such as name, address, identification documents, etc.

(f) The Company may share this information with related companies to better manage the Licensee’s account.

(g) This information may also be used to offer products or services to the Licensee.

(h) The Licensee authorizes the Company to verify their identity through external sources.

AMENDMENTS & VARIATIONS

(a) The Company:

May amend the Terms and Conditions or introduce/modify fees or charges at any time.
Will give 30 days’ notice before any changes to the Terms and Conditions take effect.
Will notify the Licensee at least 30 days before changing or introducing any new License Fee or charge.

(b) The Company may fulfil the notification requirement by any of the following means:

Publishing the updated Terms and Conditions on its website;
Notifying the Licensee via email;
Notifying the Licensee by mail to the last known address;
Any other reasonable method chosen by the Company.

The Licensee is responsible for staying informed about the Company’s Terms and Conditions, including any changes. Continued use of the Box signifies acceptance of the updated Terms and Conditions.

(c) If the Licensee does not accept any variation made by the Company and is not in breach of the Agreement, the Licensee may terminate the Agreement within the 30-day notice period.

(d) If the Licensee does not notify the Company of intent to terminate within the notice period, the Licensee will be deemed to have accepted the changes.

(e) The Licensee may not unilaterally vary the Agreement.

COMMUNICATION

(a) Notices:

(i) All communications must be in writing, in English, and addressed appropriately,

(ii) Notices from companies must be signed by an officer or under a company seal,

(iii) A notice is considered received:

– In person, when delivered,

– By post, when delivered,

– By email, when received.

INTERPRETATION

(a) Definitions and Interpretation

(i) Definitions: Words and expressions used in these Terms and Conditions have the meanings assigned to them in the definitions section of this document, unless the context requires otherwise.

(ii) Singular and Plural: Words denoting the singular include the plural and vice versa.

(iii) Headings: Headings and subheadings in these Terms and Conditions are for convenience only and do not affect the interpretation of any clause.

(iv) Including: The term “including” (or similar terms) means “including but not limited to.”

(v) References to Legislation: Any reference to legislation includes any amendments, re-enactments, or replacements of that legislation.

(b) Interpretation Rules

(i) No Limitation: Any provision of these Terms and Conditions that is found to be invalid, illegal, or unenforceable will be interpreted to give effect to the parties’ original intent as closely as possible, while remaining valid and enforceable.

(ii) Consistency: In the event of any conflict between these Terms and Conditions and any other document or agreement, the provisions of these Terms and Conditions shall prevail unless explicitly stated otherwise.

(iii) Contextual Meaning: Words and expressions used in these Terms and Conditions shall be interpreted in the context in which they are used, taking into account the purpose of these Terms and Conditions.

(i) Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and that is State of Western Australia wherever applicable.

(ii) Jurisdiction: Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Perth, WA, Australia.

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