Terms of Service

These services are delivered by Baker Creative Pty Ltd (ABN 31 680 490 215). Throughout the site, the terms “we”, “us” and “our” refer to Baker Creative. By accepting our Support Plans Terms of Service you acknowledge that you have read and agreed to the terms listed below.

Background

We are a supplier of brand design, website design, development and SEO services. You wish to use our services and we agree to supply such services in accordance with the terms of this Agreement.

1. Definitions and Interpretations

Business Day means a day which is not a Saturday, Sunday public or bank holiday in Western Australia;

Business Hours means 9am - 5pm on a Business Day;

Change of Control means a change in:

• Control of the composition of the board of directors of a corporation;
• Control of more than half the voting rights attaching to shares in a corporation;
• Control of more than half the issued shares of a corporation (excluding any share which carries no right to participate beyond a specified amount in the distribution of either profit or capital); or
• Control as defined in the Corporations Act 2001 (Cth);

Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;

Commencement Date means the day the plan was paid and agreed to;

Confidential Information means the terms of this Agreement and all know-how, financial information, technical information and other commercially valuable or sensitive information whether in visual, oral, documentary, electronic, machine-readable, tangible, intangible or any other form, relating to a party including but not limited to any specifications, formulae, know how, concepts, inventions, ideas, software or any information relating to any business, products, markets, operations, processes, techniques, technology, forecasts, strategies, Intellectual Property Rights, or any other matter, which is marked as confidential or which a party regards as confidential, proprietary or of a commercially sensitive nature but does not include information which:

• Is lawfully in a party’s possession prior to its disclosure to a party by the other;
• Enters the public domain other than as a result of any unauthorised disclosure;
• Information which is or becomes lawfully available to a Party from a third party who has the lawful power to disclose such information to that Party on a non-confidential basis; or
• is independently developed by a Party;

Consequential Loss means any loss of actual or anticipated profits, loss of revenue, loss of opportunity or customer, loss of goodwill and loss of reputation;

Deliverables means any materials, including any customisation, documentation or other materials to be delivered to you under this Agreement;

Expenses means any reasonable travel, accommodation, fees for Third Party Rights including but not limited to royalty payments for images, or other disbursements or third party costs as agreed between the Parties in a Statement of Work;

Excluded Item means the items set out and identified as ‘out of scope’ in this agreement or not listed in the list of ‘included items’;

Fees means the fees for the Services and any Deliverable as specified in this Agreement;

Insolvency Event means any of the following events or any analogous event in which a Party:

• Disposes of the whole or any part of its assets, operations or business other than in the ordinary course of business;
• Ceases, or threatens to cease, carrying on business;
• Is unable to pay its debts as they fall due;
• Makes or commences negotiations with a view to making, a general re-scheduling of its indebtedness, a general assignment, scheme of arrangement or composition with its creditors;
• Takes any corporate action or any steps are taken or legal proceedings are started for: Its winding-up, dissolution, liquidation, or re-organisation, other than to reconstruct or amalgamate while solvent on terms approved by the other party (which approval will not be unreasonably withheld); or
• The appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it or of any of its revenues and assets; or
• Seeks protection or is granted protection from its creditors, under any applicable legislation.

Intellectual Property Rights means any and all intellectual and industrial protection rights throughout the world including copyright (past, present and future copyrights and rights in the nature of or analogous to copyright), inventions, patents, designs (whether registrable or not), registered and unregistered trade marks, circuit layout designs;

Loss means loss, damage, liability, charge, expense, outgoing, or cost, (including all legal and other professional costs on a full indemnity basis) of any nature or kind;

Month means a full calendar month i.e. January 1st to January 31st;

Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth);

Out of Scope means services provided that do not form a part of the Support Hours or Fees schedule or base costing of the Agreement to any extent applicable.

Personnel means any employee, servant, contractor, subcontractor and agent of that Party;

Services means the services we will provide under this Agreement;

Taxes means any tax, rate, levy, duty or impost and any interest, penalty, expense or fine in connection with any of them including but not limited to any tax in relation to sales, use, property, value added, goods and services, turnover, stamp duty, interest equalisation, business, occupation, excise, income, profits or receipts;

Term means the term of this Agreement as set out in clause 12;

Third Party Rights means Intellectual Property Rights owned by or licensed to third parties including:

• Computer programs owned by third parties and licensed by us and any subcontractor to provide the Services;
• Any literary, dramatic, artistic and musical works owned by third parties and licensed for inclusion in the Deliverable including but not limited to stock photos and fonts.

Interpretations

In this Agreement, unless expressed to the contrary:

• Words in the singular include the plural and vice versa;
• Headings are for convenience and do not affect the interpretation of this Agreement;
• Any gender includes the other gender;
• A reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph, schedule or annexure, as the case may be, of this Agreement;
• If any act which must be done under this Agreement is to be done on a day that is not a Business Day then the act must be done on or by the next Business Day;
• A reference to any legislation includes subordinate legislation and all amendments, consolidations or replacements from time to time;
• If a word or phrase is defined in this Agreement then any other grammatical form of the word or phrase shall have a corresponding meaning;
• A reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity;
• “Includes” and similar words mean includes without limitation;
• No clause of this Agreement shall be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
• A reference to a Party includes the Party’s legal personal representatives, successors, assigns and persons substituted by novation;
• A reference to this or any other agreement includes the agreement, all schedules and annexures as novated, amended or replaced and despite any change in the identity of the parties;
• A reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
• A reference to time is to local time in Western Australia; and
• A reference to “$” or “dollars” refers to the currency of Australia from time to time.

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2. Scope of Services

2.1 We agree to provide you with Support Services in accordance with the terms and conditions of this Agreement.

2.2 We will provide the Services on a non-exclusive basis starting from the Commencement Date until your contract is terminated.

2.3 We reserve the right to engage subcontractors to perform any part of the Services.

2.4 Third parties who are not our employees or direct contractors who are given access to your website will be your responsibility. We are not responsible for any services provided by third parties.

2.5 Included services. The services included within the scope of our support are:

• Technical assistance or instruction on how to use Webflow to perform a task over the phone, in writing or via recorded video. This includes email correspondence.
• Investigation of abnormal website operation and recommended resolution.
• Installation of tools to help identify factors that negatively impact conversion rates (Premium & Ultimate plans only).
• Investigation and providing estimates for suggested website modification, update or addition.
• Developing hypotheses for conversion drop off and conducting A/B or multivariate tests to determine the highest converting option (Premium & Ultimate plans only).
• Carrying out suggested modifications, updates or additions. This may include page or section additions, content updates or integrations with third party tools.
• Liaising with Webflow regarding platform or hosting issues
• Strategy calls to discuss monthly performance reports and provide a recommended course of action to address any issues.
• Website health checks. Includes looking for bugs, broken links, speed tests and potential optimisations.
• Activity and performance reporting (monthly).

2.6 Excluded Services. Out of scope services include, but are not limited to:

• Onsite support, training and meetings, unless previously arranged in advance and agreed to by Baker Creative
• New projects, such as new websites or landing pages that are not a part of the existing website. A request to significantly alter the existing website design would also be considered a new project.
• Graphic design services, such as infographics, illustrations, charts or other graphics not intended for use on your website.
• Branding services, including modifications to logo suites and brand guidelines.
• Search Engine Optimisation (SEO), such as keyword, research or backlink building
• Copywriting (e.g. writing new text for an article or page)
• Webflow platform bug fixes. We cannot address these issues ourselves, as they need to be referred to Webflow support, however we can use your support hours to reach out to Webflow on your behalf.
• Website hosting and domain hosting fixes. Costs for these services are not included in our pricing and support tickets need to be directed to these providers directly. We can, however, use your support hours to reach out to these providers on your behalf.

2.7 Any services not noted specifically as included services are excluded from the scope of service.

3. Support Delivery

3.1 Support requests, including a description of specific requirements or issues, may be submitted by the Client from time to time.

3.2 Support requests must be submitted to the Baker Creative support mailbox (support@bakercreative.com.au) in English.

3.3 If we agree the requests are within the scope of our support agreement and there are adequate support hours available, we will provide support services as requested.

3.4 We may refuse a request for support if the request is outside of the scope of support, or if the request is not possible to action within the constraints of the platform/s in use. If we cannot help you, we will endeavour to suggest alternatives.

3.5 All support requests are assumed to count towards the support balance unless determined by Baker Creative, and agreed by the Client, to be a warranty item.

3.6 Our primary method of communication for support requests is email. Telephone or video call support is available if Baker Creative support staff determine that other means of support are insufficient to resolve the issue and such communication would be of assistance.

3.7 Where possible telephone/video call support should be scheduled in advance so that Baker Creative and the Client can establish mutually agreeable availability.

4. Support Response Times

4.1 All support requests will be assigned a priority level, according to the following definitions:

• ‍High: Critical impact on the business and/or its reputation. Issues affecting critical business operations.‍
• Medium: Moderate impact on the business. Issues that are not critical but of higher importance than low priority items.‍
• Low: Minor impact on the business. This includes general enquiries and how-to’s or non urgent website updates.

4.2 Resolutions for high priority items will commence within 8 business hours, medium priority items within 16 business hours and low priority items within 24 business hours.

4.3 Provided we receive assets and feedback in a timely manner we will aim to address support requests within the target timeframes provided.

4.4 If we become aware of a potential or actual delay in achieving a resolution, we will notify you in writing of the nature and the cause of the delay and the steps we are taking to overcome the delay.

4.5 You will grant an extension of time on such terms as we may reasonably require to ensure an optimal resolution.

5. Your Responsibilities

5.1 You must, at your own expense:

• Supply us with any information or assets that may assist us in providing you with support; and
• Provide all reasonable assistance and cooperation to us in order to enable us to supply the Services in an efficient and timely manner.
• Ensure that any assets supplied or created do not infringe on the rights of any other party

6. Fees & Payment

6.1 Your use of our services requires you to pay a monthly subscription fee based on your subscription plan. Unless otherwise stated, all Fees are exclusive of GST.

6.2 Monthly support fees will be automatically debited from your nominated account and will continue until we receive notice otherwise.

6.3 To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to our services until the payment is made.

6.4 We may update or amend our pricing plans and terms from time to time. We will endeavour to provide you with at least 30 days’ notice of changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may cancel your subscription.

7. Confidentiality

7.1 A party (Recipient) may use Confidential Information of another party (Discloser):

• Only to the extent that such use is necessary for compliance with its obligations under this Agreement; or
• If legally compelled to do so by any judicial or administrative body, provided that the Discloser must promptly inform the Recipient and take all reasonably available legal measures to avoid or limit the extent of such disclosure.

7.2 Each Recipient must in respect of Confidential Information of the Discloser ensure that the Recipient and the Recipient’s Personnel will not disclose or permit the disclosure of the Discloser’s Confidential Information to any person other than to the extent:

• The disclosure is to a member of the Recipient’s Personnel who requires the Recipient’s Confidential Information for the performance of that party’s obligations, or the exercise of that party’s rights, under this Agreement;
• The disclosure is in accordance with the Discloser’s specific and prior written consent; or
• The disclosure is required by law.

7.3 If the Recipient or the Recipient’s Personnel is required to disclose any of the Discloser’s Confidential Information in accordance with clause 9.1, the Recipient will:

• Immediately, and to the extent possible prior to the disclosure of the Discloser’s Confidential Information, inform the Discloser of the requirement of the applicable law; and
• Disclose only so much of the Confidential Information as the Recipient is required by law to disclose

8. Intellectual Property Rights

8.1 A Party’s ownership of, or any right, title or interest in, any Intellectual Property Rights in an item which exists prior to the date of this Agreement (Pre-Existing Material) will not be altered, transferred or assigned by virtue of this Agreement.

8.2 You grant to us a non-exclusive, royalty free, non-transferable and revocable licence to include any materials created for you as part of the Services and Deliverables (including PDF samples) as part of our portfolio of works for marketing purposes.

8.3 We agree upon receipt of all applicable Fees, to assign to you all existing and future Intellectual Property Rights in any materials created for you as part of the Services other than the Intellectual Property Rights in any Third Party Rights and our Pre-Existing Material; and to grant to you a perpetual, non-exclusive, royalty free licence of the Third Party Rights and our Pre-Existing Material incorporated or used in the Services or Deliverables.

8.4 In relation to any Third Party Rights that are not assigned to you, we will ensure that:

• Access to and use of the Deliverables by any person will not infringe any such rights; and
• No fees or other payments are payable in respect of such Third Party Rights as a result of any such use in the Deliverables and the reproduction of the contents of the Deliverables unless otherwise agreed by the Parties in writing.

8.5 We retain all Intellectual Property Rights in any concepts or designs created by us and proposed but not ultimately approved by you as part of the Services and Deliverables

Moral Rights

8.6 To the extent permitted by law, we consent to the use, treatment, alteration, removal, destruction or attribution of the Deliverables as deemed appropriate by you and licensees and any person authorised by you and to do acts comprised in the copyright of work and other material used in the Deliverables or used in relation to the creation of the Deliverables which would otherwise be deemed an infringement of Moral Rights.

9. Privacy

9.1  Each Party agrees to comply with its obligations under the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines at all times.

10. Warranties

10.1 Each Party warrants that:

• It has the right, power, authority and entitlement to execute this Agreement and perform its obligations under this Agreement;
• In entering into and performing its obligations under this Agreement it has not, and will not, be in breach of any relevant law or any obligation owed to another person;
• There is no current, pending or threatened litigation, arbitration, investigation, inquiry or proceeding in which it is involved and that will or may have an adverse effect on its ability to comply with this Agreement; and
• It has all necessary licences, approvals, permits and consents to enter into and perform its obligations under this Agreement.

10.2 You represent and warrant to us that at the date of this Agreement:

• All information given to us in relation to this Agreement is correct, complete and not misleading;
• Any Client Supplied Items you supplied and used by us will not and does not infringe or breach any third party rights or terms and conditions; and
• All information and materials provided by you to us including any Pre-Existing Material do not infringe on the Intellectual Property Rights of third parties.

10.3 We warrant that:

• We have the requisite skill, ability and expertise to provide the Services;
• We will perform the Services in accordance with general industry standards; and
• The provision of the Services will not infringe any Intellectual Property Rights of, or constitute a breach of any agreement with, any other person.

10.4 We will not be responsible for any spelling and grammatical errors as a result of copy you have supplied.

10.5 We may, from time to time, refer you to preferred suppliers or other third parties. You acknowledge and agree that any referral is not a recommendation by us that you seek that third party’s advice or provision of services. We do not make any warranty or representation as to the quality of the facilities or services of any third party.

10.6 We are not liable for any failure in, fault with or degradation of the Services if that failure, fault or degradation is attributable to or caused by a failure of the facilities or services of any third party.

10.7 Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

11. Liability and Indemnities

11.1 The maximum liability of either Party for any Loss or Claim in connection with this Agreement is limited to the maximum amount paid to us under this Agreement in the calendar year that the liability arose.

11.2 You indemnify and hold us and our Personnel harmless in respect of any Losses or Claims suffered in connection with:

• A fault or defect in any item of your Equipment;
• Any breach of law by you or any breach of law arising out of any breach of this Agreement by you;
• Any negligent or fraudulent act or omission by you or your Personnel;
• Any claim by a third party arising out of a breach of this Agreement by you;

11.3 Each Party will hold the other harmless of any claims by third parties, including all costs, expenses and legal fees incurred therein, arising out of or in conjunction with performance under or breach of this Agreement.

12. Term

12.1 This Agreement will commence on the date of this Agreement and will continue until this Agreement is terminated in accordance with these terms.

13. Suspension and Termination

13.1 We may provide written notice to you to suspend the supply of any Services, without any liability to you if:

• You are in default of any payment or other obligation under this Agreement; or
• We are required to do so by law.

13.2 If we suspend the supply of any Services under this clause for a period of 3 months or more, we may provide written notice to you of termination that relates to such Services.

13.3 Either Party may terminate this Agreement for convenience by giving the other Party at least 30 days written notice.

13.4 You may terminate this Agreement by giving us at least 5 Business Days notice if we are in breach (other than a trivial breach causing no material harm) of any provision of this Agreement and, where the breach is capable of remedy, we have failed to remedy the breach within a reasonable period of receipt of written notice from you describing the breach and calling for it to be remedied.

13.5 We may terminate this Agreement by giving at least 5 Business Days’ notice to you if you are in breach (other than a trivial breach causing no material harm) of any provision of this Agreement and, where the breach is capable of remedy, you have has failed to remedy the breach within a reasonable period (no more than 7 days in the case of failure to pay money when due) of receipt of written notice from us describing the breach and calling for it to be remedied.

13.6 We may terminate this Agreement immediately by giving written notice if a Change of Control or an Insolvency Event occurs in relation to you.

14. Events Following Termination

14.1 Upon the date we receive notice to terminate this Agreement for convenience you will have 1 month to use your accrued support time. After 1 month:

• We will stop the performance of the Services; and
• Each party will Immediately return all property, including Confidential Information and Intellectual Property, in their possession that belongs to the other party.
• You will pay us any outstanding Fees for all Services completed, including any additional Fees incurred prior to termination, and any other amounts owing.

14.2 If this Agreement is terminated for any reason other than convenience:

• We will immediately stop the performance of the Services; and
• Each party will Immediately return all property, including Confidential Information and Intellectual Property, in their possession that belongs to the other party.
• You will immediately pay us any outstanding Fees for all Services completed, including any additional Fees incurred prior to termination, and any other amounts owing.

14.3 The expiry or termination of this Agreement for any reason will be without prejudice to any rights or liabilities which have accrued prior to the date of expiry or termination.

14.4 The provisions of clauses 7, 8, 9, 14 will survive the expiry or termination of this Agreement.

15. Force Majeure

15.1 If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by reasons of Force Majeure, and the affected party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the affected party invoking this provision shall be suspended to the extent necessary by such event.

The affected party shall use reasonable efforts under the circumstances to remove such prevention, restriction or interference or to limit the impact of the event on its performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.

15.2 Force Majeure includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

16. Dispute Resolution

16.1 If a dispute arises out of or in relation to this Agreement, no party may commence court or arbitration proceedings (other than proceedings for urgent interlocutory relief) unless it has complied with this clause.

16.2 A Party to this Agreement claiming that a dispute has arisen under or in relation to this Agreement must give written notice to the other Party specifying the nature of the dispute. On receipt of that notice by the other Party, the Parties’ representatives must endeavour in good faith to resolve the dispute expeditiously and failing agreement within 21 days of the dispute, either Party, by giving notice to the other, may refer the dispute to the Parties’ Chief Executive Officers (or their nominees) who, each party must ensure, must cooperate in good faith to resolve the dispute within 21 days of the dispute being referred to them.

16.3 If the Chief Executive Officers (or their nominees) fail to resolve the dispute within 21 days of the dispute being deferred to them, the Parties must, at the written request of either Party and within 14 days of receipt of the request, submit to mediation, expert evaluation or determination or similar techniques agreed to by them.

16.4 If the Parties do not agree within 7 days of receipt of the notice referred to in clause 20.3 as to the dispute resolution technique and procedures to be adopted, the time table for all steps in those procedures, and the selection of compensation of the independent person required for such a technique, then the Parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of Western Australia and the President of the Law Society of Western Australia or the President’s nominee will select the mediator and determine the mediator’s remuneration.

17. GST

Taxable supply

17.1 If GST is payable on any supply made under this Agreement, the recipient of the supply must pay an amount equal to the GST payable on the supply. That amount must be paid at the same time that the consideration is to be provided under this Agreement and must be paid in addition to the consideration expressed elsewhere in this Agreement unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.

Adjustment events

17.2 If an adjustment event arises in respect of any supply made under this Agreement, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.

GST terminology

17.3 The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

17.4 You agree to pay any Taxes in relation to the Services.

18. Notices

18.1 A notice or other communication must be in writing in English and may be:

• Delivered personally;
• Sent by email to a Party’s current email.

19. Relationship Of Parties

19.1 This Agreement is not intended to create a relationship between the Parties of partnership, joint venture, agency or employer-employee.

19.2 Each Party has no authority to create, assume or otherwise enter into any agreement that imposes rights or obligations on the part of the other Party.

20. Assignment

20.1 Neither Party may assign any rights or benefits under this Agreement without the other Party’s prior written consent which must not be unreasonably delayed or withheld.

21. Waiver Or Variation Of Rights

21.1 Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right.

21.2 A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.

22. Powers, Rights and Remedies

22.1 Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights and remedies of that Party.

Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.

23. Further Assurances

23.1 Each Party must from time to time and in a timely manner do all things reasonably required of it by the other party to give effect to this Agreement.

24. Counterparts

24.1 This Agreement may be executed in any number of counterparts and, if so, the counterparts taken together will constitute one and the same Agreement.

25. Severability

25.1 If any provision (or part of it) of the Agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.

If a provision (or part of it) of this Agreement cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) of the Agreement are valid and enforceable.

26. Advice

26.1 Each Party acknowledges that the party has received legal advice or has had the opportunity of obtaining legal advice in relation to this Agreement.

27. Costs

27.1 Each Party will bear the party’s own costs and expenses in relation to the negotiation, preparation, and execution of this Agreement.

28. Cumulative Rights

28.1 The rights arising out of this Agreement do not exclude any other rights of either Party.

28.2 Each indemnity in this Agreement is a continuing obligation that is separate and independent from the other obligations under this Agreement.

28.3 A Party is not obliged to take any action, or incur any expense, before enforcing any indemnity under this Agreement.

29. Entire Agreement

29.1 This Agreement supersedes all prior undertakings, arrangements and agreements and constitutes the entire agreement between the parties in relation to the subject matter of this Agreement and there are no conditions, warranties or other terms affecting the agreement between the parties other than those set out in this Agreement.

​30. Governing Law And Jurisdiction

30.1 This Agreement is governed by the laws of Western Australia and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.

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Last Updated: 1st July, 2024