Terms & Conditions

User Agreement: EconomX.com

Introduction

EconomX Pty Ltd ACN 610 977 583 (the Company) provides an online platform through the EconomX website at economx.com (the Portal) allowing organisations including businesses, researchers, buyers, suppliers, industry groups, and economic development advocates to exchange information and services for the purpose of economic development, partner collaboration, supply chain development, procurement, and business development.

 

General Conditions

1. INTERPRETATION

1.1 The following definitions apply in this document:

Agreement means these Terms of Service.

ABN means Australian Business Number.

ACN means Australian Company Number.

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Brisbane, Queensland.

Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:

(a) All technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;

(b) All business and marketing plans and projections, details of agreements and arrangements with third parties, and customer and supplier information and lists;

(c) All financial information, pricing schedules and structures, product margins, remuneration details and investment outlays;

(d) All information concerning any employee, customer, contractor, supplier or agent of the relevant party;

(e) The party’s policies and procedures; and

(f) All information contained in this document.

But excludes information that the other party can establish:

(g) Is known by or is in the other party’s possession or control other than through a breach of this document and is not subject to any obligation of confidence; or

(h) Is in the public domain other than by a breach of this document or any obligations of confidence.

(i) If required by law to be disclosed

 

Corporations Act means the Corporations Act 2001 (Cth).

Force Majeure means an event or cause beyond the reasonable control of the party claiming force majeure. It includes each of the following, to the extent it is beyond the reasonable control of that party:

(a) Act of God, lightning, storm, flood, fire, earthquake or explosion cyclone, tidal wave, landslide, adverse weather conditions;

(b) Act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic; and

(c) Embargo, inability to obtain necessary materials, equipment or facilities, or power or water shortage.

 

General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Important Terms means this Agreement’s details and variables set out in the section of this Agreement entitled “Important Terms”.

Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;

Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.

Material Breach means a breach of a fundamental term of this Agreement or such other term which the parties regard as material (including but not limited to the obligations set out in clause 4) which are incapable of remedy or which are capable of remedy but remain unremedied for a period of 14 days following the receipt of notice requiring such breach to be remedied.

Moral Rights mean all present and future rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed, rights to alter or delete part thereof, rights to use the system and rights of a similar nature conferred by statute around the world.

Privacy Act means the Privacy Act 1989 (Cth).

Services means the Portal and any other services which the parties agree are to be provided by the Company to the User from time to time.

Solution means the solution described in the Important Terms.

Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Term means the period for which a User shall subscribe to access the Portal, which at present is available on either a quarterly or annual basis. However, the Company has the right to vary the length of such subscription on the provision of reasonable notice to the User.

The Portal means the online platform, product, site and/or software delivered through the EconomX website (or in such other form, which the Company may determine from time to time) for the purpose identified in the Introduction to these Terms and Conditions.

User means any person who uses EconomX. User Content means data that is uploaded or input into the Portal by the User which forms part of the User’s Intellectual Property.

1.2 Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:

(a) The singular includes the plural and the opposite also applies.

(b) If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

(c) A reference to a clause refers to clauses in this Agreement.

(d) A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

(e) Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

(f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

(g) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

 

2. APPLICATION OF THIS AGREEMENT

2.1 This Agreement applies to the use of and access to the Portal

2.2 Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using EconomX and any User access will be terminated.

2.3 This Agreement may be updated by the Company at its absolute discretion from time to time, and unless stated otherwise by the Company in writing, such updates shall come into effect for the use of EconomX at the User’s next login after the User receives notice of the update(s).

 

3. THE ECONOMX PLATFORM

3.1 EconomX is the product described in the Important Terms.

3.2 The User agrees and accepts that EconomX is:

(a) Accessed using the Internet or other connection to the Company’s servers and shall only be maintained by the Company; and

(b) Managed and supported exclusively by the Company from the Company’s servers and that no ‘back-end’ access to EconomX is available to the User unless expressly agreed in writing.

3.3 The Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Portal

3.4 The Company shall not exercise its rights under clause 3.3 in a manner that would intentionally cause the User to lose access to User Content or fundamentally decrease the utility or functionality of EconomX to the User, other than in accordance with the terms of this Agreement.

3.5 Should any changes to the Portal result in the provision of decreased utility or functionality to a User, the User shall be entitled to terminate this Agreement on the provision of reasonable notice to the Company.

 

4. TERM

4.1 The User shall be granted a license to access the Portal during the Term or until terminated by the Company in accordance with this Agreement.

4.2 In exchange for the granting of such licence, the User shall pay the Company in advance its current fee for the provision of or subscription to the Portal prior to the commencement of the Term or any renewal.

4.3 The Company may vary its fee for the provision of the Portal from time to time and the User shall have an election to renew its subscription at the commencement of each renewal period.

4.4 Non-payment of the fee will result in revocation of license.

 

5. LICENSE

5.1 By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable license to access and use the Portal for the duration of this Agreement, in accordance with the terms and conditions of this Agreement

5.2 The Company may limit or restrict access to the Portal from time to time as it sees fit, including (but not limited to) to restrict access only to registered entities and people.

5.3 The Company may issue the license to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.

5.4 The Company may revoke or suspend the User’s license(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User or any of its users. The Company will ordinarily advise the User prior to any suspension or revocation however it is under no obligation to do so.

 

6. USE

6.1 The User agrees that it shall only use EconomX for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, plagiarist, disruptive, threatening, abusive or in a way the Company in its discretion deems that is unreasonable.

 

7. AUTHORISED USERS

7.1 The User may authorise staff members to access the Portal at their absolute discretion.

7.2 Authorised users must be unique individual people and not shared email accounts.

7.3 The Company accepts no liability for any claim, loss or damage sustained by a User or any third party as a result of access to User Content by Third Parties authorised by the User.

7.4 The User is solely responsible for the security of any username and password for access to the Portal and will indemnify the Company in relation to any claim, loss or damage which it may sustain as a result of it authorising others to access the Portal.

 

8. USER CONTENT

8.1 The Company obtains no right, title or interest in User Content including any Intellectual Property found within it. The Company accepts no liability for the content of User Content.

8.2 The User is responsible for the accuracy, quality and legality of User Content and the User’s acquisition of it, and the users that create, access and/or use User Content.

8.3 The Company is not responsible for the nature of the content provided by the User and in the event that content (in the view of the Company) is of a discriminatory nature the Company may remove it in its discretion and without notice to the User.

8.4 Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in any content which you own and upload to the Portal.

8.5 When you upload, submit, store, send or receive content to or through our Services, you give the Company (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from Reporting, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps which we will be using for spacial data representation).

8.6 Our automated systems analyse your content (including emails) to provide you personally relevant product features, such as customized search results, potential opportunities or tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.

8.7 The User acknowledges that it will be wholly liable for any material or data which is posted to the Portal, which gives rise to any claim, demand, action, damages or loss to the Company, including (without limitation) where such material is false, misleading, defamatory, discriminatory, immoral or otherwise illegal or contrary to law, The User shall further indemnity the Company in relation to all such claims.

8.8 If you have an EconomX Account (Profile), we may display your Profile name, Profile photo, and actions you take on the Portal or on third-party applications connected to your EconomX Account (such as submitting an offer to provide services, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts.

8.9 We will respect the choices you make to limit sharing or visibility settings in your EconomX Account. For example, you can choose your settings so your Details will not be provided to or accessible by others (including other Users of the Portal) who you elect not to have access to such information.

8.10 You can find more information about how the Portal uses and stores content in our privacy policy.

8.11 If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

 

9. PRIVACY

9.1 The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about Users who access the Portal.

9.2 The Privacy Policy does not apply to how the User handles personal information. It is the User’s responsibility to meet the obligations of the Privacy Act in relation to the collection, maintenance and use of any personal information which it has through use of the Portal, including by implementing a privacy policy in accordance with the law.

9.3 The Company makes no warranty as to the suitability of the Portal in regards to the User’s privacy obligations at law or contract, and it is the User’s responsibility to determine whether EconomX is appropriate for the User’s circumstances.

9.4 The EconomX website and the Portal may use cookies (a small tracking code in your browser) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

9.5 For the purposes of clarity, the User agrees that any data or other information which is uploaded by them to the Portal may be shared by the Company on the Portal and/or that other Users may have access to such data through their use of the Portal and the User expressly consents to such data or other information being used for those purposes.

 

10. DATA

10.1 The Company takes the security of the Portal and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security of the Company’s systems or the information on them.

10.2 The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.

10.3 The Company may limit the amount of data that the User stores in the Portal, and shall advise the User of such. Data that is stored with the Portal shall be stored according to accepted industry standards.

10.4 The Company shall perform backups of the EconomX website and Portal in a manner and at such times and intervals it deems reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Content from any period of time unless so stated in writing by the Company.

10.5 The User acknowledges that:

(a) their use of the Portal may generate data, information and other material which may be collected and/or collated by the Company, including into another form of record, report or database;

(b) where possible the information so collected will be de-sensitised so that any personal information is removed from it;

(c) the Company shall own (to the exclusion of others) all of the rights, including all Intellectual Property rights, which subsist in such data and any record, report or database into which it is compiled.

 

11. ACCESS

11.1 By accepting the terms of this Agreement the User agrees that the Company shall provide access to EconomX and the Portal to the best of its abilities, however:

(a) Access may be prevented by issues outside of the Company’s control; and

(b) the Company accepts no responsibility for ongoing disruption to the service, the internet or other causes beyond its control.

 

12. ACCESS

12.1 The User shall not copy, alter, use, reproduce or otherwise deal with the Company’s trademarks, logos, branding, name or service marks without the prior written consent of the Company.

12.2 The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Portal.

12.3 The User agrees and accepts that EconomX is and the Portal contains the Intellectual Property of the Company and the User further warrants that by using the Portal, the User will not:

(a) Copy any part of the Portal, the Company’s Intellectual Property or the Services that it provides, for the User’s own commercial purposes; and/or

(b) Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in or published on the Portal or any documentation associated with it.

12.4 Notwithstanding any other provision of this Agreement, all content contained within or uploaded to the Portal (with the exception of User Content) remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Portal.

 

13. CONFIDENTIALITY

13.1 The information and classes of information set out in the Important Terms are Confidential Information for the purposes of this Agreement. In addition, information relating to the business operations, personal information and other information that a party should understand to be confidential, is Confidential Information.

13.2 Each party acknowledges and agrees that:

(a) The Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);

(b) It owes an obligation of confidence to the Discloser concerning the Confidential Information;

(c) It must not disclose the Confidential Information to a third party except as permitted in this Agreement;

(d) All Intellectual Property rights remain vested in the Discloser but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and

(e) Any breach or threatened breach by the receiving party of an obligation under this Agreement may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.

13.3 A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:

(a) Any actual, suspected, likely or threatened breach by it of clause 13.2

(b) Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or

(c) Any actual, suspected, likely or threatened theft, loss, damage, or unauthorised access, use or disclosure of or to any Confidential Information.

13.4 The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:

(a) Any actual, suspected, likely or threatened breach of a term of this Agreement; or

(b) Any theft, loss, damage or unauthorised access, use or disclosure of or to any Confidential Information that is or was in its possession or control.

 

14. ACCURACY, CURRENCY & COMPLETENESS

The Company does not warrant the accuracy, currency or completeness of any information or material (“Content”) available on or through the Portal since information may be provided by other users and or third parties and change without notice.

The Company will not be responsible for any loss or damage which you incur as a result of acting in reliance on such information or material.

We actively encourage all users of the Portal to keep their profile information up to date.

 

15. LIABILITY & INDEMNITY

15.1 The User agrees that it uses the Portal at its own risk. All content provided on the Portal is general advice only and the Company makes no warranty as to completeness or accuracy.

15.2 The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances. In particular:

(a) Users acknowledge that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances; and

(b) Users acknowledge that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstance.

15.3 The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with EconomX, including any breach by the User of these Terms, including but not limited to false/incorrect posting of material.

15.4 In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use EconomX or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

15.5 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

(a) The re-supply of services or payment of the cost of re-supply of services; or

(b) The replacement or repair of goods or payment of the cost of replacement or repair.

 

16. BREACH

16.1 Where a party is in breach of this Agreement, the other party may issue a written notice (Breach Notice) to the party in breach that must set out:

(a) The nature of the breach;

(b) The provisions of the Agreement that are alleged to have been breached;

(c) A reasonable timeframe to remedy the breach; and

(d) The action required to remedy the breach.

16.2 Where a party issues a compliant Breach Notice in accordance with clause 15.1, the receiving party shall be required to respond and/or remedy the breach as so set out in the Breach Notice. Failure to respond in writing setting out:

(a) The steps taken to remedy the breach; or

(b) Why the party believes it is not in breach as put forward in the Breach Notice;

(c) Shall not in itself confirm the alleged breach but shall be in itself a breach of this Agreement.

16.3 Failure to remedy a breach set out in a Breach Notice shall be a material breach of this Agreement (Material Breach).ngs or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use EconomX or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

 

17. TERMINATION

17.1 Where a party is in Material Breach of this Agreement, the other party may terminate this Agreement by giving written Notice of termination, which shall become effective five (5) Business Days after the date of the notice.

17.2 Insolvency. Either party may terminate this Agreement immediately by Notice, if either party:

(a) Stops or suspends or threatens to stop or suspend payment of all or a class of its debts;

(b) Is insolvent within the meaning of section 95A of the Corporations Act;

(c) Fails to comply with a statutory demand (within the meaning of section 459F(1) of the Corporations Act) unless:

I. The debt to which the statutory demand relates is discharged within fifteen (15) Business Days of the date of the failure; or

II. The party demonstrates to the satisfaction of the other party (acting reasonably) that it is able to pay all its debts as and when they become due and payable;

(d) Has an administrator appointed in respect of it;

I. Has a controller within the meaning of section 9 of the Corporations Act or similar officer appointed to the whole or a substantial part of its assets or undertaking and that controller or similar officer is not removed within fifteen (15) Business Days of the appointment;

II. Has an order made or a resolution passed for its winding up or dissolution or it enters into an arrangement, compromise or composition with or assignment for the benefit of its creditors or a class of them;

III. Has any security enforced over, or a distress, execution or other similar process levied or served against, the whole or a substantial part of its assets or undertaking; or

IV. Is subject to any event, which, under the law of any relevant jurisdiction, has an analogous or equivalent effect to any of the events listed above.

17.3 Expiry or termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.

17.4 The rights and obligations under the relevant provisions of clauses 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19 and 19.6 survive termination of this Agreement.

 

18. DISPUTES

18.1 All disputes shall be handled in accordance with the Company’s dispute resolution policy.

18.2 Where the Company does not have a relevant dispute resolution policy for a type of dispute, the following process shall apply:

(a) If there is a dispute between the parties relating to or arising out of this Agreement, then within five (5) Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;

(b) If the dispute between the parties relating to or arising out of this Agreement is not resolved within five (5) Business Days of notification of the dispute under Clause 17.1, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;

(c) If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation under Clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing Agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and

(d) A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in this clause 17.1 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that are not compensable in damages.

 

19. FORCE MAJEURE

19.1 If a party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of Force Majeure, it will promptly notify the other party accordingly. The notice must:

(a) Specify the obligations and the extent to which it cannot perform those obligations;

(b)Fully describe the event of Force Majeure;

(c)Estimate the time during which the Force Majeure will continue; and

(d) Specify the measures proposed to be adopted to remedy or abate the Force Majeure.

19.2 Following a Notice of Force Majeure in accordance with clause 18.1 and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.

19.3 The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.

19.4 The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must take all action reasonably practicable to mitigate any loss suffered by the other party as a result of the party’s failure to carry out its obligations under this Agreement.

19.5 The term of this Agreement will not be extended by the period of Force Majeure.

 

20. ELECTRONIC COMMUNICATION, AMENDMENT AND ASSIGNMENT

20.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

20.2 The User can direct Notices, enquiries, and complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time to time.

20.3 The Company will send the User Notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time to time. It is the User’s responsibility to update its contact details as they change.

20.4 A consent, Notice or communication under this Agreement is effective if it is sent as an electronic communication unless required by law to be physically delivered.

20.5 Notices must be sent to the parties’ most recent known contact details.

20.6 The User may not assign or otherwise create an interest in this Agreement.

20.7 The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

 

21. ELECTRONIC COMMUNICATION, AMENDMENT AND ASSIGNMENT

21.1 The parties may agree to any Special Conditions to this Agreement in writing.

21.2 Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

21.3 The relationship of the parties to this Agreement does not form a joint venture or partnership.

21.4 No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

21.5 Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

21.6 A User is not entitled to assign their rights under this Agreement to any third party without the prior written consent of the Company.

21.7 The laws of Queensland govern this Agreement. Each of the parties including authorised third parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction in Queensland.

21.8 Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or un-enforceability without affecting the remaining clauses of this Agreement.