Terms & Conditions – Snaploader
These Terms and Conditions (Terms) govern and form the basis of our contractual agreement with you, including the Services offered by SNAPLOADER PTY LTD (ACN 167 568 041) trading as Snaploader and its parent company ARCHISTAR PTY LTD (ACN 143 137 115), (together, Snaploader, we, us, our), as well as use of and access to any shared document drives and any information obtained via use of our website, https://www.snaploader.com/ (Site) which altogether form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at [email protected] before using our Site, buying our products or engaging our Services.
Subject to any subsequent agreements you may be required to enter with us, these Terms, together with the attached Quote as defined in clause 1.1, constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
1. ACCEPTANCE OF TERMS
1.1 We will provide you with a copy of these Terms before you engage our Services, as listed in clause 3 (Services), together with a quote outlining our Prices and the Services to be provided (Quote).
1.2 By receiving these Terms, an outline of the Services intended to be provided, and any associated timeline for completion and either providing agreement in written reply or continuing to instruct us to provide the Services, you acknowledge that you are 18 years or over and understood the Terms and agrees to be bound by them, and all our other policies.
2. VARIATIONS TO TERMS
2.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.
2.2 In the event of any variation, change or amendments to these Terms following engagement of our Services, we will advise you in writing. Should such changes affect your agreement with us then any such change will only be enforceable 7 days following our notice to you.
2.3 Any update to these Terms will be taken to have effect on the date of publication.
2.4 Your continued use of our Services, constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to the Terms, your only remedy is to contact us at [email protected] and immediately discontinue your use of the Services, platforms and Site or raise a dispute in accordance with clause 22 of these Terms.
3.1 We are a digital imaging and 3D modelling company with Services focused on 3D and digital, interactive experiences for real estate, property development and real estate design and planning.
3.2 Upon provision of our Services you will be provided with the following:
a. a 3D, 360 degree digital “spec apartment” (residential only);
b. CGI rendered images of the property; and
c. a web browser accessible link to the images, media and any other content provided, capable of being embedded into third party websites.
(collectively and severally, the “Services”)
Additional versions of the above may be provided to you at additional cost, which may be advised to you at the time of request.
3.3 Your written or verbal approval to commence the Services constitutes acceptance of these Terms.
3.4 If applicable or required in regard to the Services provided, we will provide, as part of our Quote, an outline of the specific works.
3.5 We offer a complementary initial consultation, which may be booked via our Site or by phone, as well as a free initial proposal and cost estimate.
3.6 In the course of providing our Services to you, we may record meetings with clients on phones and on online meeting platforms in the aim of record keeping of changes, requested by clients, and for the purposes of training staff.
3.7 We may provide you with a password, to obtain read-only access to the Statistics Platform to allow you to oversee our Services we may also provide you with a web link to the Stock Management Platform (where applicable), to allow you to view and update the status of the property our Services relate to, in real time. Upon providing access to either of these platforms you are required to ensure the security and confidentiality of any logins and/or passwords provided to you, by us, and you will agree to not provide these details to any third party without our express permission. You are also required to ensure the confidentiality of the contents within each platform and you agree to not cause any part of our Services to be provided to any third party without our express permission.
3.8 Upon engagement of our Services we will work with you to determined and provide estimated timeframes for completion of stages of work. Such estimates are subject to the availability of the consultant allocated to your project. Estimated timeframes are not guaranteed and are subject to change according to the progress of the project, any delays in obtaining information or instruction from you, any changes to the timeframe, as a result of the engagement of specialists and/or any changes to the property from a planning or building perspective, as well as any general requests for changes.
3.9 Upon engagement of the Services we will also provide to you a list of documents or information required to complete the project. Any delay in receipt of these or inaccuracies in the information contained within may also impact upon any estimated timeframes or deadlines set for the project.
3.10 Any request for revision of the final documents, once provided to you will incur additional fees, as outlined in clause 4 of these Terms.
4.1 All total prices provided, even in a Quote, are provided as a “Fixed Price”, which will be maintained unless the scope of work changes as per 4.2.
4.2 Any Quote is subject to changes to pricing, as a result of either additional requests being made, changes in scope or substantial changes to the timeframe for delivery (see clause 6) or due to insufficient information being provided to us at the commencement of our Services or following a request.
4.3 All prices for our products and Services are in Australian Dollars (AUD) unless specifically stated otherwise.
4.4 If we are required to vary our Quote we will inform you of the updated quote and require your agreement to the varied costs in writing before any work will continue.
4.5 Additional fees will apply (with prior notice being provided to you) where revisions are requested by you, following provision of the final documents, and will be based on the additional time spent to make such revisions, at a rate of $50 per hour.
4.6 All prices are exclusive of GST (if applicable) unless indicated otherwise, and exclude any applicable delivery charges or other taxes, if applicable.
4.7 All prices are subject to change, as a result of changes to the Services provided.
4.8 We reserve the right to modify, cancel and limit any service or work at any time. Please see clause 8 on exclusivity below.
4.9 Any costs, expenses or disbursements, including bank charges and fees, debt collection, agency fees and/or legal costs, incurred by the us in the course of either providing our Services or maintaining your account will also be charged to you.
4.10 We maintain the right to commence and request from you payment via direct debit. If we request direct debit, you agree to all the following:
a. you agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates; and
b. if payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
4.11 You agree to authorise us to set up a direct debit system linked to your nominated bank account or credit card, and process the payment of the relevant invoice automatically, when it becomes payable.
4.12 We will provide you with a form in which you can provide your bank account details to direct debit or alternatively credit card details, and we will withdraw the relevant invoice amount when it becomes due and payable, from your bank account via direct debit, whichever you provide us.
4.13 You agree to ensure sufficient funds are available in your nominated bank account to meet any account withdrawals made by us.
4.14 If payment is defaulted or not received, you authorise us to debit any outstanding funds (including any dishonour fees or additional charges incurred by us) from your nominated account without need for notification at a future date.
5.1 We will send you invoices for our Services at the commencement of the project, on account of the non-refundable deposit, and following completion of the Services. All invoices will be issued by and are payable to ARCHISTAR PTY LTD (ACN 143 137 115), being the parent company of SNAPLOADER PTY LTD (ACN 167 568 041).
5.2 You agree that such invoices are to be paid within 28 days of issue.
5.3 You agree to provide a non-refundable deposit of 50% of the total Quote (if project quote in excess of $5,000), before we commence our Services, payable upon receipt of Invoice and prior to commencement of our service. You acknowledge and agree that our Services cannot commence unless and until payment of the non-refundable deposit is received by us in full.
5.4 All invoices must be paid in full, in accordance with clause 5.2, otherwise we may either suspend or terminate our Services and any associated licence to any of our copyright and other intellectual property, as detailed in clause 10.
5.5 We accept payments via bank transfer, credit card or PayPal unless payment agreed by alternate means.
5.6 If full payment is not received within the 28 days following the date of invoice, interest shall be charged on all overdue amounts at the rate of 10% above the Reserve Bank of Australia cash rate, per annum, calculated daily on the total overdue balance.
5.7 We reserve the right to suspend or terminate any product or service or associated licence, at our discretion, if payment is defaulted.
5.8 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
5.9 We reserve the right to inform credit watch monitoring Services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
6. ADDITIONAL WORK
6.1 Any requested additions or changes to our Services, outside the initial project requirements or scope of work determined after you have received and accepted our initial proposal and quote, will be Additional Work, subject to a revised or new quote for the additional Services (Additional Work).
6.2 Any Additional Work will incur additional charges or fees and we will provide a further quote for the Additional Work, following our notice to you that Additional Work is required, which is outside the initial Services/Quote.
6.3 We will not proceed with the Additional Work until such time as we receive your written approval to our updated or further quote.
7. DISCLAIMER AND WAIVER
7.1 All Services are intended to be provided to you as described within our Quote including any outline of the Services to be provided and timeframes associated. Nothing on either our Site, or information provided to you by us during our provision of the Services, purports to offer any professional advice outside of our Services. Use caution and always seek professional advice before acting on any information that we suggest and/or provide.
7.2 Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results/outcomes.
7.3 You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses/negative results or project outcomes that may arise out of any business or personal decision made by you at any time whilst engaging our Services.
7.4 We make no representations and give no guarantees or warranties about the suitability, reliability, availability, timeliness and/or accuracy of the Services and any content or information provided within, for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any Services. It is your responsibility to independently determine suitability of any Services and to test and verify the same.
7.5 None of the information or content provided by us are a promise or guarantee of results or future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically for your business.
7.6 To the extent permitted by law and in consideration of being permitted to participate in our Services, you agree that you will not make, take or seek any claim against us and its officers, employees, agents, and independent contractors (all collectively referred to as “the Releasees”) arising directly or indirectly out of or in connection with your participation in our Services and you unconditionally and irrevocably forever waive, release, acquit, covenant not to sue, and discharge the Releasees from and against any loss, liability, cost (including all legal costs and expenses on an indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising and whether present, unascertained, future or contingent and includes indirect and consequential loss (Loss) arising directly or indirectly out of or in connection with your participation in our Services.
7.7 You agree to release, waive, acquit and forever discharge the Releasees from all claims (including, but not limited to, claims for negligence, breach of contract or breach of statute), or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by the Releasees, as a result of the advice given by us or otherwise resulting from the Services provided by us.
7.8 You agree to hold harmless and indemnify the Releasees from any and all claims made against or Loss suffered by the Releasees, which arises directly or indirectly as a result of or in connection with your participation in our Services.
7.9 This disclaimer and waiver shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
7.10 This disclaimer and waiver operates jointly and severally in favour of the Releasees.
8. YOUR OBLIGATIONS
8.1 During the delivery of our Services, you agree to:
a. respond promptly to our communications in relation to the Services;
b. provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and
c. act in good faith.
9.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (described in clause 9.4), which is or has been disclosed to the recipient by the other party, its representatives or advisers, or these Terms, except:
a. where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);
b. if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
c. where the disclosure is expressly permitted under these Terms and Conditions or is required to give effect to these Terms and Conditions;
d. if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms and Conditions or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
e. where the disclosure is required for use in legal proceedings regarding these Terms; or
f. if the party to whom the information relates has consented in writing before the disclosure.
9.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient’s obligations under this clause.
9.3 Each Recipient agrees, if requested to do so, to enter into a separate non-disclosure agreement, prior to the commencement of the Services.
Confidential Information of a party means all information (in any form):
(i) relating to or arising from the Services including:
I. all technical or non-technical data, formulae, patterns, programs, devices, methods, reports, templates, techniques, plans, drawings, models and processes, source and object code, software and computer records;
II. all business and marketing plans and projections, details of agreements and arrangements with third parties, and customer and supplier information and lists;
III. all financial information including, pricing schedules and structures, product margins, remuneration details and investment outlays;
IV. all information concerning any customer, client, client databases, employee, contractor, supplier or agent of a party; and
V. all culturally or personally sensitive information concerning any employee, customer, contractor, supplier or agent of a party.
(ii) that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes);
(iii) but does not include information that:
A. is or becomes independently developed or known by a party through no breach of these Terms by that party; or becomes publicly available, without breach of these Terms.
9.5 This clause survives termination or expiry of these Terms.
10. COPYRIGHT AND TRADE MARK NOTICES
10.1 All material used and delivered by us via our Services, including (but not limited to) images, information, video, software, web links, drawings, designs, CVC Excel sheets, graphics, information architecture and coding (Our Content), is subject to copyright.
10.2 Regarding any of Our Content, we grant you a non-exclusive licence to use them for your business purposes only.
10.3 For abundant clarity, while you may use Our Content as part of your goods or Services, Our Content is not intended for individual sale or re-sale and you must not sell our content as individual Services or as a part of your Services, without first obtaining our prior permission.
10.4 Modification of or replicating Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
10.5 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
10.6 The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (Our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
10.7 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Marks without our express written permission.
10.8 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
10.9 This clause survives termination of these Terms.
11. RIGHT TO SUSPEND, TERMINATE AND REFUND
11.1 We reserve the right to suspend or terminate your use and/or access to the Site or our Services if you breach these terms, as determined by us in our sole discretion.
11.2 We may terminate our Services in the event of either:
(a) breach of your obligations to us, following notice being provided in writing as to the breach and your failure to remedy the same within 7 days of receipt of notice;
(b) the Additional Works requested by you are unreasonable and cannot be fulfilled;
(c) upon 7 days notice in writing of your intention to cancel our Services;
(d) immediately if and where either you do not pay the non-refundable deposit as requested or we cease receiving timely response and instructions from you in regard to the Services; or
(e) outstanding invoices are overdue.
11.3 You may terminate our Services in the event of either:
(a) substantial breach of our obligations to you, following notice being received in writing as to the breach and our failure to remedy the same within 7 days of receipt of notice;
(b) non-acceptance of any updated/varied Quote for Additional Work; or
(c) upon 7 days notice in writing of your intention to cancel our Services.
11.4 If our Services are terminated early, by either party, (prior to the Services being completed), you acknowledge and agree that the initial 50% deposit paid is non refundable and that you will not make any claim for this amount.
11.5 Upon termination our outstanding fees for the Services become immediately due and payable. We will issue an invoice for all work accessed or completed (as the case may be) in the course of providing the Services up to the time and date that written notice was given or provided that the Services were terminated.
11.6 If you terminate our Services at any time, for reason other than breach of these terms, you agree to provide written notice as per this clause 11 and agree to pay any and all costs by us incurred up to and including the last day of the notice period.
11.7 Refunds are not provided for our Services, whether requested by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).
11.8 Any initial non-refundable deposits paid to us for the provision of Services to you are non-refundable.
11.9 Final payments are non-refundable after at the completion of our Services.
11.10 Termination shall be without prejudice to any claim which either party may have against the other in respect of any breach of the terms of the Agreement which occurred prior to the date of termination.
12.1 You acknowledge and agree that we may at all and any times provide our Services to other Clients in the same or similar industry as you.
12.2 We do not provide our Services on an exclusive basis.
13. LIABILITY IS LIMITED
13.1 We provide our Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by law.
13.2 Without limiting the generality of clause 13.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our products and Services.
13.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to either $100,000 or the cost to complete/rectify the Services, whichever is the lesser.
13.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer law.
13.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
13.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information. In particular, following the expiration of 1 year from the date of invoice or the project’s date of practical completion, whichever is sooner, you will discharge us from all liability in respect of the Services.
13.7 This clause applies to the fullest extent permitted by law and shall survive termination of these Terms.
14. YOUR INDEMNITY
14.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your use of our products and Services;
(b) any claim made against us or you by a third party arising out of or in connection with the provision of our products, Services and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any fees on time;
(d) the circulation, distribution or publication of any information or materials provided by you being contrary to law;
(e) any reliance by you or a third party on our products or Services or any advice or information provided in connection with the provision of our products or Services and/or these Terms; and
(f) the enforcement of these Terms.
14.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law.
14.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.
14.4 This clause survives the termination of this agreement.
15. NO DISPARAGEMENT
15.1 At all times, you must not make any public or private statement or comment, whether oral or in writing by any method, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of our business or is in any respect a disparaging remark or representation about us and/or any of our Services.
15.2 Should you breach this clause, you hereby indemnify us in accordance with clause 14 above.
16. FORCE MAJEURE
16.1 We will not be in breach of these Terms or liable to you for any Loss incurred by you as a direct result of our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
16.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
16.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
16.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
16.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
16.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
17. LINKED WEBSITES, AFFILIATES OR SPONSORS
17.2 As affiliates of certain Services we may also receive compensation for recommending, endorsing or promoting Services as featured on our Site or in the course of delivering our Services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those Services which are not our own.
17.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain Services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored Services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted Services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
18.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
19. NO ASSIGNMENT
19.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
19.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
20.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
21. BINDING ON SUCCESSORS
21.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
22. DISPUTE RESOLUTION
22.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
22.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
22.3 In the case of claims against us, all notices are to be provided to [email protected].
22.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, by way of either agreement to a resolution or agreement to mutually terminate under clause 11, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
22.5 Once a mediator is appointed, the parties agree that:
(a) the costs of the mediator shall be borne equally between the disputing parties;
(b) the chosen mediator shall determine the procedures for mediation; and
(c) the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
22.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
22.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
22.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
22.9 This clause survives termination of these Terms.
23. APPLICABLE LAW
23.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.
24. YOUR FEEDBACK
24.2 If you have questions or comments regarding this Site or our Services, please email us at [email protected] . © Progressive Legal Pty Ltd – All legal rights reserved (2022). These Terms were last updated 4 May 2022.