Terms & Conditions

Terms & Conditions of Services

Parties: These terms are between Happy HR Pty Ltd (ABN 16 918 018 473) trading as Happy HR (Happy HR/we/us/our) and the Client Employer (you/your) and specify the terms upon which Happy HR will provide services to you unless new Terms and Conditions are notified to you in writing.

The Happy HR Company agrees to grant a License to use the Service requested by the Client 31 May 2014on the terms and conditions set out below. Words in ITALICS are defined at clause 25.1 below.

  • Acceptance

    • Clauses 11.3, 14.3, 18.5, 20.1, 22.1 and 23.1 shall apply to the Agreement unless or to the extent the Order Form expressly specifies otherwise.
    • The Client shall be deemed to have accepted these terms and conditions and the Order Form if the Client:
      • selects the “I Agree” condition (or the like) on the Company’s website when completing the online Order Form and submits the online Order Form,
      • executes the Order Form and returns the Order Form to the Company,
      • gives or continues to give the Company instructions in relation to the Service after receiving the Order Form, or
      • verbally accepts the Order Form.
    • Notwithstanding clause 1.2, the Company may insist on the Client accepting the Order Form and these terms and conditions in writing by signing the Acceptance or another form of written acceptance.
  • Service

    • The Company shall provide the Service in accordance with the Agreement.
    • The Company warrants that:
      • the Service will be provided with due care and skill, and
      • the Company will provide the Service in accordance with the relevant professional and ethical standard applicable to the Company,
    • The Company shall not be required to commence the Service until the Client has paid the Initial License Fee in accordance with Clause 6.2 (a).
    • Subject to clauses 2.3, the Company shall provide the Service within a reasonable time.
  • Client’s Responsibilities & Acknowledgements

    • The Client shall promptly provide all information requested and reasonably required by the Company for the purpose of providing the Service.
    • The Client acknowledges that the Client shall be responsible for:
      • the implementation of the Service, and
      • obtaining at the Client’s expense all technical software and hardware requirements to operate the Service.
    • The Company shall not be responsible for any errors and will not be held liable for any action brought about by the Client’s amendments, customizing or implantation of the Service within the Client’s organisation.
    • The Client acknowledges that:
      • the provision of the Service does not constitute or purport to constitute legal advice in any manner whatsoever,
      • can not be relied upon in substitute for legal advice; and
      • subject to Clause 10.4, the Company provides no guarantee as to the Service’s compliance with relevant legislation or authorities.
  • Confidentiality

    • The Company shall maintain confidentiality in relation to all information disclosed by the Client or any other party to the Company and shall only use such information for the purpose of providing the Service.
    • 4.2 The obligation in clause 4.1 shall not apply to any information which:
      • the Company is authorised or compelled by law to disclose, reproduce, use or disseminate,
      • is in or enters the public domain, other than as a result of a breach by the Company of its duty hereunder or disclosure by any person receiving the confidential information from the Company; or
      • is established by means of written records and otherwise as already known to the Company prior to the date of the Order Form.
  • Term

    • The parties agree that the:
      • Company shall provide the Client with the Service for the Initial Term commencing on the date the Agreement is accepted or otherwise agreed in writing between the parties, and
      • Client must may the Continuing License Fee for the entire Initial Term.
    • Upon the Initial Term expiring the:
      • Company shall provide the Client with the Service on a month-to-month basis commencing on the date after the Initial Term expires, and
      • Client must may the Continuing License Fee for each month until the Agreement is terminated in accordance with clause 13.
    • If the Client elects to enter into a Further Fixed Term the Company may waive and/or reduce the Initial License Fee and the Continuing License Fee for the Further Extended Term at the Company’s complete discretion.
  • Fees

    • The Client shall pay to the Company the Fees and other money that becomes payable under the Agreement (without any set off) in the manner and at the times stated in the Agreement.
    • The Client shall pay to the Company the:
      • Initial License Fee specified in the Order Form (online form) upon Acceptance, and
      • Continuing License Fee specified in the Order Form (online form) pursuant to Clause 6.3.
    • The Client must pay the Continuing License Fee progressively as claimed by the Company by way of credit card on the first day of the month in advance calculated on a pro rata basis.
    • The Company may charge a reasonable:
      • cancellation fee as a genuine pre-estimate of the administration costs in relation to the closing of a Client’s account, and
      • payment default fee as a genuine pre-estimate of the administration costs in relation to the costs of a direct debit being declined and requiring it to be reprocessed.
      • If the client requires to be reinducted (trained end to end) because of loss of staff Happy HR will charge a fee of $295.00+GST
      • Each client is entitled to 15 minutes of HR general advice per month. This time does not build up in hours or carry over to the next month.
      • After 15 minutes the client accepts that HR consulting services are charged at $200.00+GST per hour via our premium support services
      • If set up support is purchased this fee provides a client “30 days of set up support” to help a client get their contracts & polices customised, position descriptions created (*up to ten position descriptions) and employees inducted into the system. Happy HR is committed to ensuring we book in times in advance with you the client to ensure the set up can occur within the 30 days. If the support period expires due to unreasonable circumstances, Happy HR reserves the right to charge our HR consulting services rate, clause 6.4 e for additional support to complete the set up. We aim to keep our fees low for all subscribers and by keeping within the 30 days enables us to do this for the benefit of all subscribers.
  • Refund Policy

    • Except as expressly permitted by law, the Client will not be entitled to rescind the Agreement or to any refund under the Agreement after the Client has accepted the Agreement pursuant to clause 1.2.
    • Notwithstanding clause 7.1 , the Company may at its absolute discretion consider a Client’s request to rescind the Agreement and/or a refund of any monies paid under the Agreement if the Client provides a written request and serves the Company by email to the Company’s email address specified in the Order Form.
    • Without limiting the Company’s absolute discretion referred to in clause 7.2 the Company may consider rescinding the Agreement and/or providing a refund in the following circumstances, without limitation:
      • where the Client is a company, the Client has an administrator appointed to it, enters into liquidation or provisional liquidation, whether voluntary or otherwise (except for the purpose of reconstruction or amalgamation following prior notice in writing to the Company) or has a receiver and/or manager appointed over all or any of the its property,
      • where the Client or the Guarantor is an individual, the Client or the Guarantor:
        • commits an act of bankruptcy, becomes a bankrupt or enters into an agreement under the Bankruptcy Act 1966, or
        • is deceased,
      • the Client entered into the Agreement under a genuine mistake or error,
      • the Client did not have the authority to enter into the Agreement, or
      • the Client was never in a position to be able to meet the financial obligations under the Agreement.
  • Training

    • The Company will provide the Client with initial training within a reasonable time of the Client accepting the Agreement.
    • The initial training referred to at Clause 8.1 will consist of and be provided to the Client at the Company’s complete discretion.
    • The Company will so far as reasonably practicable provide the Client with reasonable telephone based assistance and support in relation to the operation of the Service within the Company’s Normal Business Hours.
  • Support & Maintenance

    • The Company will as far as reasonably practicable:
      • provide the Client at least 24 hours notice of any scheduled maintenance that will result in use of the Service being interrupted, and
      • promptly rectify, at no cost to the Client, any defects in the operation of or connectivity with the Service that are notified to it or detected by it to the extent that such rectification is within the Company’s reasonable control.
    • The Company will provide maintenance services at no cost to the Client in relation to:
      • works required to maintain proper operation of the Service in accordance with the relevant Service specifications and the rectifying as soon as reasonably practicable of any defects in the Service or systems within its control,
      • solving any reproducible problems that the Client reports in writing to the Company; and
      • telephone trouble shooting assistance with connectivity issues during Normal Business Hours.
    • Support and maintenance time and expenses will be charged to the Client according at the Company’s standard rates where time is spent and/or expenses incurred by the Company resolving any issue for which the Company is not responsible, including but not limited to, issues:
      • reported by the Client where investigation by the Company proves to be non-existent,
      • reported by the Client where on investigation by the Company the issue proves to be the responsibility of the Client, or
      • created by the Client resulting from misuse of the Service or breach of these terms and conditions.
  • Continuing Development

    • The Client acknowledges that the Company may undertake ongoing development of features and functionality of the Service.
    • The Company will endeavour to avoid or minimise any interruption to the Service when undertaking development or upgrade work.
    • The Company may, at its sole discretion, release subsequent versions of the Service. This may occur from time to time to add new features and functionality. the Company will endeavor to maintain backwards compatibility with previous versions. In situations where backwards compatibility is not possible the Company will provide the Client with details of such changes at least 30 days in advance of the changes going live.
    • The Company will endeavour to maintain and update the Service in accordance with changes to legislation and/or authorities that relate to the Service. The Client acknowledges that, in some circumstances, these updates may be delayed from time to time.
  • Suspension

    • If the Client is in breach of the Agreement the Company may suspend the carrying out of the Service and must promptly give to the Client written notice of the suspension and details of the breach.
    • The Company must recommence the providing the Service within a reasonable time after the Client remedies the breach and gives the Company written notice of that fact.
    • The Company may suspend the Service without prior notice if any director or company secretary of the Client or spouse of the Client or spouse of any director or company secretary of the Client refuses to execute a personal guarantee of the obligations of the Client under the Agreement in a form approved by the Company.
  • Dispute Resolution

    • The parties must attempt to resolve any dispute or claim arising out of or under the Agreement by negotiation in good faith before either party commences any litigation in relation to the dispute or claim. Accordingly, if a party considers that a dispute or claim has arisen under the Agreement they must give written notice to the other party adequately setting out and providing details of the dispute.
    • The Company and the Client must meet within ten (10) Business Days of the giving of a notice pursuant to clause 12.1 to attempt to resolve the dispute or claim or to agree on methods of doing so. The parties must be represented at the meeting by a person with authority to agree to a resolution of the dispute.
    • If the dispute is resolved the parties must write down the resolution and sign it.
    • The parties agree that anything done or said in the negotiations cannot be revealed in any other proceedings.
    • Nothing in this clause prevents either party from commencing urgent injunctive or interlocutory proceedings in a competent Court or affects the Company’s right to take recovery action in relation to any overdue Account.
  • Default & Termination of Contract

    • A party may terminate the Agreement after the expiration of the Initial Term by providing the other party with one (1) months notice in writing.
    • Without limiting clause 13.3, a party may terminate the Agreement if:
      • the other party is in default of the Agreement,
      • the non-defaulting party has served notice in writing on the party setting out details of the default and stating that the party will be entitled to terminate the Agreement unless the default is remedied within a specified time of not less than 14 days,
      • the party fails to remedy the default within 14 days of receiving a notice under clause 13.1(b), or such longer period as may be specified in the notice, and
      • the non-defaulting party serves written notice of termination whilst the default remains unsatisfied.
    • If the Client fails to pay any money under the Agreement within seven (7) days of the due date for payment:
      • the Company may terminate the Agreement by notice in writing to the Client,
      • the Company shall be entitled to interest on the outstanding amount at the rate of 2.5% per calendar month calculated daily from the due date for payment and compounding monthly on the first day of each month until payment is received,
      • the Client shall indemnity the Company from and against all costs and disbursements incurred or payable by the Company in connection with the recovery of monies owing by the Company (including, without limitation, legal fees on an indemnity basis, collection agency costs and bank dishonour fees), and
      • the Company may cancel all or any part of the Service or Service in connection with any other contract or contracts made with the Client to which these terms and conditions apply whereafter all amounts payable by the Client to the Company shall became payable immediately.
    • The Company may terminate the Agreement by notice in writing immediately if:
      • where the Client is a company, the Client has an administrator appointed to it, enters into liquidation or provisional liquidation, whether voluntary or otherwise (except for the purpose of reconstruction or amalgamation following prior notice in writing to the Company) or has a receiver and/or manager appointed over all or any of the its property,
      • where the Client or the Guarantor is an individual, the Client or the Guarantor:
        • commits an act of bankruptcy, becomes a bankrupt or enters into an agreement under the Bankruptcy Act 1966, or
        • is deceased.
      • the Client or the Guarantor enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of, its creditors of any class of them.
      • the Client publically damages the Company’s reputation or engages in conduct that would likely to be considered defamatory against the Company.
  • Warranties & Representations

    • Except as expressly provided to the contrary in the Order Form, or elsewhere in these terms and conditions, all representations, warranties, guarantees and conditions in relation to the Service (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
    • If the Client is aware (or should be aware) that the Service is for a particular purpose, the Client agrees to clearly specify that purpose in writing in the Order Form.
    • The Client warrants that it has made its own enquiries in relation to the suitability of the Service and has not relied on any representation made by the Company in relation to their suitability for any particular purpose.
  • Limitation of Liability

    • Unless the Order Form specifies otherwise, the Company disclaims any assumption of responsibility for reliance on the Service or any document:
      • by any party other than the Client;
      • where the Client has amended or varied the Service in any way whatsoever including, without limitation, the implementation of the Service, and
      • for any purpose other than the purpose for which the document or Service was prepared.
    • The Company’s liability to the Client (and any party claiming through the Client against the Company) for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with the Agreement shall be limited to the lesser of the costs of:
      • supplying the services again, or
      • payment of the costs of having the services supplied again, or
    • The Company shall not be liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Service.
  • Guarantee

    • In consideration for the Company entering into the Agreement, the Guarantor guarantees to the Company the performance by the Client of all of the Client’s obligations under the Agreement.
    • If the Client does not pay any money due under the Agreement the Guarantor must pay that money to the Company on demand without deduction, set-off or counterclaim even if the Company has not tried to recover payment from the Client.
    • Even if the Company gives the Client extra time to comply with an obligation under the Agreement or does not insist on strict compliance with the terms of the Agreement the Guarantor’s obligations will not be affected.
    • Where a payment made by the Client or the Guarantor to the Company is set aside by law, the parties are restored to their respective positions prior to the payment being made and are entitled to exercise all rights which they had under the Agreement.
    • If there is more than one (1) Guarantor:
      • this guarantee shall be binding on each of them jointly and severally, and
      • the release by the Company of any Guarantor from this guarantee does not affect the liability of any other Guarantor.
    • The Guarantor’s liability under this clause is continuing and unlimited.
  • Personal Property Security

    • In this clause ‘attaches’, ‘financing statement’, ‘financing change statement’, ‘personal property’, ‘security Agreement’, ‘security interest’ and ‘verification statement’ have the meanings given to them by the PPSA.
    • The Client and the Guarantor, if any, hereby charge all their respective interest in their personal property as security for the performance by the Client of the Client’s obligations under the Agreement.
    • The Client acknowledges and agrees that: (a) the Agreement constitutes a security agreement for the purposes of the PPSA, (b) a security interest exists in all of the Client’s existing and future personal property (and their proceeds), and (c) the Company has not agreed to postpone the time the security interest attaches to the Client’s personal property.
    • The Client shall:
      • promptly sign all documents and provide any further information that the Company may reasonably require to register a financing statement or financing change statement in relation to a security interest granted to the Company under the Agreement or any other document required to be registered under the PPSA, and
      • on demand reimburse the Company for all costs and expenses incurred in registering a financing statement or financing change statement.
    • The Client irrevocably appoints the Company and each director of the Company as the Client’ true and lawful attorney for the purpose of performing all acts and signing all documents necessary to give effect to this clause.
    • Any requirement under the PPSA on the part of the Company to give a notice to the Client or any Guarantor shall not, to the extent that the requirement may be contracted out of (including, without limitation, under Section 115(1) of the PPSA), apply to the Agreement. Further, to the extent that that the Client and/or the Guarantor may waive the right to receive a notice under the PPSA (including, without limitation, notice in relation to a verification statement under Section 157(1) of the PPSA), the Client and the Guarantor waives that right.
    • The Client irrevocably authorises and licenses the Company to enter upon the Client’s property or premises, without notice, and without being in any way liable to the Client, if the Company has cause to exercise any of the Company’s rights under Section 123 of the PPSA, and the Client shall indemnify the Company from any claims made by any third party as a result of such exercise.
    • The Company and the Client agree to treat information of the kind referred to in Section 275(1) of the PPSA as confidential. Neither the Company or the Client will disclose, send or make available any of the information referred to in Section 275(1) of the PPSA to any person except as required by law or the Agreement.
    • The Company and the Client acknowledge and agree that clause 17.8 constitutes a confidentiality Agreement pursuant to Section 275(6) of the PPSA.
  • Intellectual Property

    • The Company retains all title and interest in any intellectual property associated or created in relation to the Service, Website, All Documents, Logic and Functionality.
    • Where the Company has designed, drawn or developed unique and/or original works, designs or drawings in connection with the Service, copyright in such works, designs or drawings shall vest in the Company. The Client fully acknowledges that Happy HR is the owner of such IP and functionality and IP.
    • The Client warrants that the Company is entitled to use all documents and drawings provided by the Client for the purposes of providing the Service and that such use will not infringe any third party’s intellectual property rights.
    • The Client shall indemnify the Company from and against all claims and all losses and damages incurred by the Company as a consequence of any claim against the Company for infringement of a third party’s intellectual property rights in connection with the provision of the Service in accordance with a document that is; supplied by, prepared under the instruction of, or prepared from sketches provided by, the Client.
    • The Client authorises the Company to use any documents, designs, drawings or goods that the Company has created for the Client including photographs thereof for the purposes of marketing the Company’s business or entry into any competition.
    • All Happy HR company functionality is copyrighted and must not be redeveloped by a client in any way what so ever.The Client fully acknowledges that Happy HR is the owner of such IP and functionality and IP
  • Subcontracting & Assignment

    • The Company may subcontract the whole or any part of the Service but remains responsible for all of the Service.
    • The Company may assign the Agreement to any person. In the event of the assignment the Client may, if it has reasonable grounds to believe that the assignee will not comply with the Agreement, within seven (7) days of receiving notice of the assignment terminate the Agreement by 30 days written notice to the Company where after the termination will be effective unless the assignment is withdrawn.
  • Cancellation

    • Notwithstanding any other clause herein the Company may cancel any agreement to which these terms and conditions apply at any time before the Service are commenced by giving written notice to the Client whereafter any Initial License Fee or other amount paid by the Client on account of the Service shall become immediately repayable to the Client. The Company shall not be liable for any consequential loss or damage in relation to any such cancellation.
    • If the Client purports to cancel the Agreement, without limiting any other right available to the Company, the Client shall be liable to the Company for any and all loss or damage suffered by the Company in connection with the cancellation including, without limitation, loss of profit in respect of the Service and/or loss of profits in respect of orders and opportunities foregone as a result of the scheduling of the Service.
  • Privacy Act 1988 (Cth)

    • The Client and the Guarantor, if any, consent to the Company obtaining a Credit Report from a credit reporting agency in relation to the Client and the Guarantor respectively for the purpose of:
      • assessing the creditworthiness of the Client, and
      • the collection of payments that are overdue in respect of commercial credit.
    • The Client and the Guarantor, if any, agree that the Company may exchange information about the Client and the Guarantor with those credit providers either named as trade referees by the Client or named in a Credit Report issued by a credit reporting agency for the following purposes:
      • to assess an application for commercial credit by the Client,
      • to notify other credit providers of a default by the Client,
      • to exchange information with other credit providers, where the Client is in default with other credit providers, and
      • to assess the creditworthiness of the Client.
    • The Client and the Guarantor, if any, consent to the Company using any personal information collected by the Company for the following purposes or as required by law:
      • the performance of the Service,
      • the marketing of the supply of services by the Company,
      • the analysing, verifying and checking of the Client’s credit and/or payment status in relation to the performance of the Service,
      • the processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client, and
      • enabling the daily operation of the Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the performance of the Service.
    • The Company may give information about the Client and the Guarantor to a credit reporting agency for the following purposes:
      • to obtain a consumer credit report about the Client and/or the Guarantor, or
      • to allow the credit reporting agency to create or maintain a credit information file containing information about the Client and/or the Guarantor.
  • GST

    • The Fees and all other monies payable by the Client pursuant to the Agreement are exclusive of GST.
    • If The Company incurs a liability to pay GST in connection with a supply to the Client pursuant to the Agreement, the consideration that the Client must pay to the Company for the supply is increased by an amount equal to the GST liability that the Company incurs in making the supply and the amount of the GST liability is payable at the same time and in the same manner as the consideration in respect of the supply is payable.
    • The Company shall provide the Client with a tax invoice for any GST included in any payment made pursuant to the Agreement.
  • Notices

    • The parties agree that email shall be the primary method of contact and communication in relation to any matters arising under the Agreement.
    • A notice is deemed to have been given or serviced if the notice is:
      • delivered by hand to the other party,
      • posted by ordinary prepaid mail to the other party’s address (including a Post Office Box) stated in the Order Form on the second Business Day following the date of posting, or
      • sent by facsimile transmission to the parties’ facsimile number stated in the Order Form upon receiving confirmation of delivery of the transmission, or
      • sent by email to the parties’ email address stated in the Order Form upon receiving confirmation of delivery of the email without error.
  • General

    • Payments may only be made by Diect debit or credit card (unless the Company agrees otherwise in relation to a payment). The Client agrees to pay a surcharge equal to 2.5% in respect any payment made via credit card.
    • The Client may not;
      • set off against or deduct from any monies payable under the Agreement any sums owed or claimed to be owed by the Company to the Client, or
      • withhold payment of any Account because the Account or part of it is in dispute.
    • The Agreement embodies the whole agreement between the parties relating to the subject matter of the Agreement and supersedes any and all oral and written negotiations and communications by or on behalf of any of the parties.
    • The terms in the Agreement may not be varied, waived, discharged or released, except with the prior written consent of the parties.
    • 24.5 No right under the Agreement is waived or deemed to have been waived in relation to any particular instance unless in writing and signed by the party waiving the right. A party does not waive its right under the Agreement by granting an extension of time or any other forbearance to another party.
    • The Agreement shall be governed by and constructed pursuant to the laws of the State or Territory in which the Order is received. The parties irrevocably submit to the jurisdiction of the Courts of that State or Territory in connection with any dispute relating to the Agreement. The parties further agree that the Court of competent jurisdiction located closest to the Company’s principal place of business in the relevant State or Territory shall be the appropriate Court for the hearing of any claims in connection with this Agreement.
    • The parties agree that a construction of the Agreement that results in all provisions being enforceable is to be preferred to a construction that does not so result.
    • If, despite the application of clause 24.7, a provision of the Agreement is illegal or unenforceable:
      • if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed; and
      • in any other case, the whole provision is severed, and the remainder of the Agreement continues in force.
  • Definitions & Interpretation

    • In these terms and conditions:
      • “Acceptance” means the acceptance document signed by the Client in relation to the Order Form and these terms and condition or the Client submitting the online Order Form;
      • “Account” means a statement of the Fees claimed to be due to the Company under the Agreement and a tax invoice as defined in the A New Tax System (Goods and Service Tax) Act 1999;
      • “Agreement” means the agreement between the Client and the Company arising from the Client’s acceptance of the Company’s offer comprised by the Order Form;
      • “Business Day” means any day other than Saturdays, Sundays or public holidays;
      • “Client” means the party named as the Client or customer in the Order Form;
      • “Company” means Happy HR Pty Limited ACN 167 562 558, it’s successors and assigns;
      • “Continuing License Fee” means the amount or rates stated as the price in the Order Form;
      • “Fees” means the amounts or rates stated as the price in the Order Form;
      • “Further Extended Term” means a term of 12 months to commence after the expiration of the Initial Term;
      • “GST” has the same meaning as given to it in the A New Tax System (Goods and Service Tax) Act 1999.
      • “Guarantor” means the person or persons who have signed or submitted the Order Form as Guarantor and includes their executors, administrators, successors and assigns;
      • “Initial Term” means the term specified in the Order Form;
      • “License” means an agreement between the Company and the Client granting the Client authority to use the Company’s property know as the Service for the term;
      • “Normal Business Hours” means the hours between 9:00am and 5:00pm (AEST) Monday to Friday and excluding public holidays;
      • “PPSA” means the Personal Property Securities Act 2009 (Cth);
      • “Order Form” means the proposal provided by the Company to the Client in respect of the Service and may be in an online format;
      • “Service” means the provision of the Online Management Tool know as Happy HR;
      • “IP and functionality” means the entire website its contents and related are fully owned by Happy HR and the client acknowledges this;
    • In the Agreement, unless otherwise indicated by the context:
      • the singular includes the plural and vice versa;
      • a reference to one gender includes a reference to all other genders;
      • headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate;
      • references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any Orders, regulations, instruments or other subordinate legislation made under the relevant statute;
      • the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not;
      • the Agreement will bind each party’s legal personal representatives, successors and assigns; and
      • where a party comprises two (2) or more persons the rights and obligations of such persons pursuant to the Agreement will ensue for the benefit of and bind each of them jointly and severally.

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