1st Class cricket academy - Website term & conditions

These Website Terms and Conditions of Use (Terms) govern your access to and use of the content located on the website (Content) located at www.1stcca.com.au (Site) and form a binding contractual agreement between you, the user of the Site and the owner of the Site,  Nathanne Pty Ltd ACN 169 534 767 ATF Nathanne Family Trust trading as 1st Class Cricket Academy trading as 1st Class Cricket Academy (1st Class Cricket Academy). The term you refers to the party/customer using the Site and/or contributing content to the Site.

For that reason these Terms are important and you should ensure that you read them carefully and contact 1st Class Cricket Academy with any questions before you subscribe to and/or use the Site.  You can contact 1st Class Cricket Academy on nathan@1stcca.com.au if you have any queries.  

1st Class Cricket Academy may, in its absolute discretion, modify or amend these Terms from time to time and those modifications or amendments will be binding on you once displayed on the Site. We will endeavour to notify you of any material change to the Terms by either sending an email notice or by placing a notice on the Site.

By subscribing to and/or using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms your subscription and/or use of the Site will not be approved or authorised.

1. USE OF SITE
   1. You acknowledge and agree that access to the Site is granted solely for the purpose of giving you access to Content and that 1st Class Cricket Academy at all times retains all right and title to the Content.
   2. You may access and use the Site in the normal manner.  You must not use the Content in any way other than for general information and review purposes only.  You are not authorised to copy or reproduce the Content in any way.
   3. You must not add to, remove or vary any Content unless permitted by 1st Class Cricket Academy. 
   4. The Site may contain links to other websites as well as content added by people other than 1st Class Cricket Academy.  1st Class Cricket Academy is not responsible for, nor does it endorse, sponsor or approve any such user generated content on the Site or any content available on any linked website.
   5. You acknowledge and agree that:
2. You are over the age of eighteen (18) years of age;
3. Upon being granted access to the Site by 1st Class Cricket Academy (in its sole discretion) you may be issued with a user-id and password;
4. You are responsible for ensuring the security of your computer and maintaining the confidentiality of any issued user-id and password to the Site and of your data and User Content;
5. You must not allow any other person access to your issued user-id and password and you will be responsible for all your account information (if any) and use of your account by anyone other than yourself;
6. You must notify 1st Class Cricket Academy immediately if you become aware of any unauthorised use of your issued user-id and/or password;
7. Your use of the Site is your responsibility and is entirely at your own risk and you accept full responsibility for all and any information that you transmit via your access to the Site;
8. You must not use the Site in a way that breaches any of these Terms or any laws, regulations, standard or codes as enacted or modified from time to time;
9. You must not use, reproduce, sell, resell or otherwise exploit any of the Content or any part of it for commercial purposes.  In particular, you agree that, subject to the law, you will keep confidential any information of an employee or associate of 1st Class Cricket Academy which forms part of the Content;
10. You must not modify, copy, adapt, distribute, translate or create derivative works of any kind whatsoever of any of the Content;
11. 1st Class Cricket Academy retains complete editorial control over the Site and may change, modify, alter, amend, delete any of the Content or cease the operation of the Site at any time in its sole discretion;
12. The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
13. The Site will not be error free and 1st Class Cricket Academy does not guarantee that the Site will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Site;
14. You are responsible for acquiring and maintaining all equipment, services and software necessary to access the Site.  You are responsible for all telecommunication fees or charges incurred as a result of connecting to the Site;
15. You have reviewed the terms of our Privacy Policy and Disclaimer as set out on the Site.
16. USER CONTENT
    1. Where you contribute content to the Site you agree and warrant that:
17. any and all information supplied by you is true, accurate, current and complete and either own or have right to supply the information supplied (including any photographic material);
18. you will not harvest or collect email addresses or other contact information of other users of the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
19. you will not use automated scripts to collect information from or otherwise interact with the Site;
20. you will not upload, post, transmit, share, store or otherwise make available any content that 1st Class Cricket Academy deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
21. you will not upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature;
22. you will not take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the Site infrastructure of 1st Class Cricket Academy;
23. you will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
24. you will not upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, photos, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
25. you will not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;
26. you will not solicit personal information from anyone under eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes;
27. you will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
28. you will not intimidate or harass another;
29. you will not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
30. you will not use or attempt to use another’s account, service or system without authorisation from 1st Class Cricket Academy, or create a false identity on the Site;
31. you will not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of 1st Class Cricket Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose 1st Class Cricket Academy or its users to any harm or liability of any type.
32. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (post) on or through the Site, or transmit to or share with other users (collectively the User Content). 
33. You may not post, transmit, or share User Content on the Site that you did not create, you do not own or that you do not have permission to post;
34. You understand and agree that 1st Class Cricket Academy may, but is not obligated to, review the Site and may delete or remove the Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of 1st Class Cricket Academy violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others;
35. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to 1st Class Cricket Academy.
36. When you post User Content to the Site you:
37. authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site; 
38. you automatically grant, and you represent and warrant that you have the right to grant, to 1st Class Cricket Academy an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or its promotion, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing; and 
39. may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that 1st Class Cricket Academy may retain archived copies of your User Content. 
40. 1st Class Cricket Academy does not assert any ownership over your User Content.  You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
41. You acknowledge and agree that all User Content comes from either yourself or other users of the Site. The comments, opinions, and statements posted by users reflect the views of the user who makes the post and do not necessarily reflect the views of 1st Class Cricket Academy. 1st Class Cricket Academy assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content and User Content available via the Site. You must evaluate, and bear all risks associated with the use of any Content and User Content including any reliance on the accuracy, completeness, or usefulness of posted User Content.
42. You agree to abide any User Content Policy that may be implemented by 1st Class Cricket Academy from time to time.  Any User Content Policy will be located for access by you on the Site. 
43. THIRD PARTY SUPPLIERS
    1. Where 1st Class Cricket Academy offers you the ability to search for, select and utilise the services of third party suppliers within the Site you agree that:
44. all information you supply is true and accurate;
45. you will use the Site only for legitimate reasons for you or others for whom you are legally authorised to act; and 
46. any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her access to this Site terminated. 
47. Where the services of third party suppliers are utilised, You acknowledge that you have read, understand and agree to any additional terms, conditions and limitations imposed by third party suppliers.
48. 1st Class Cricket Academy is not a valuer and does not provide valuation services referred to on the Site. 
49. 1st Class Cricket Academy displays information about businesses owned by third-party suppliers. The display of such information does not in any way imply, suggest, or constitute 1st Class Cricket Academy sponsorship or approval of third-party suppliers, or any affiliation between 1st Class Cricket Academy and third-party suppliers.
50. Although you may be able to rate and review a particular business based on your own experiences, 1st Class Cricket Academy does not endorse or recommend the products or services of any third-party suppliers. 
51. 1st Class Cricket Academy is not responsible in any way for the accuracy or completeness of information of third-party suppliers on the Site and any information of third party suppliers displayed on the Site or the sites and other medium of such third parties.
52. 1st Class Cricket Academy is not responsible or liable for any dispute or conflict involving an actual or potential transaction between you and any third party supplier, including the accuracy of the listing content, the quality, condition, safety or legality of product or content of such third party supplier. 
53. INTELLECTUAL PROPERTY RIGHTS
    1. Nothing in these Terms constitutes a transfer of any intellectual property rights to you.  
    2. You acknowledge and agree that 1st Class Cricket Academy owns or has a licence to use all intellectual property rights pertaining to the Site and the Content.  This extends to the look and feel of the Site including all page headers, custom graphics, icons and scripts, trademarks and other Content;
    3. Except as permitted by the Copyright Act 1968 (Cth), no part of the Site may be modified or reproduced by any process without the specific written permission of 1st Class Cricket Academy.
    4. 1st Class Cricket Academy is not responsible for any User Content or the content on websites operated by parties other than 1st Class Cricket Academy.
    5. If you have any complaints or objections to material or content posted on this Site or if you believe that material or content posted on this Site infringes a copyright that you hold, you should contact 1st Class Cricket Academy immediately.
    6. 1st Class Cricket Academy will investigate any complaints or objections referred to in this clause and will, where appropriate, use all reasonable endeavours to remove any inappropriate or illegal content from the Site within a reasonable time after investigation.
54. WARRANTIES & INDEMNITIES 
    1. You represent and warrant to 1st Class Cricket Academy that you have the legal capacity and authority to enter into these Terms.
    2. You agree to indemnify 1st Class Cricket Academy against all actions, claims, suits, liabilities, costs, expenses or demands arising out of or connected with:
55. any breach of the Terms by you;
56. the User Content;
57. use of the Site by persons other than you using your issued user-id or password; or
58. your use of the Site which is negligent or infringes the rights of any third party.
59. DISCLAIMER
    1. You acknowledge that:
60. The terms of any disclaimer provided with any information on the site will be binding on you.
61. 1st Class Cricket Academy gives no warranties as to and does not vet, authorise or endorse the accuracy, currency, suitability, completeness or relevance of any information contained or provided through the Site including the Content and User Content (Information);
62. 1st Class Cricket Academy takes no responsibility for the currency, accuracy, completeness or relevance of the Information or for programming bugs or computer viruses, faults or errors in the Site or the Information; 
63. you will not rely solely on the Information in determining whether to use the Site and you will make your own enquiries as to the suitability of the Information;
64. 1st Class Cricket Academy may, without notice to you, and at any time, modify or discontinue your access to the Site;
65. 1st Class Cricket Academy does not warrant or represent that:
66. any Content, User Content message posted, uploaded or otherwise transmitted to or from the Site has not been altered in transmission; 
67. any message posted, uploaded or otherwise transmitted to or from the Site will be received by the intended recipient; or
68. any information downloaded or otherwise transmitted to you from the Site is free from viruses, faults or errors.
69. LIABILITY
    1. As a user of the Site, you understand and agree that: 
70. 1st Class Cricket Academy will not have any liability to you or others for any unauthorised transactions made using your password or account; and 
71. the unauthorised use of your password or account could cause you to incur liability to both 1st Class Cricket Academy and other users.

8.2 To the full extent permitted by law 1st Class Cricket Academy excludes:

1. all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
2. all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

8.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, 1st Class Cricket Academy limits its liability in respect of any claim to, at its option:

1. in the case of goods:
2. the replacement of the goods or the supply of equivalent goods;
3. the repair of the goods;
4. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
5. the payment of having the goods repaired, and
6. in the case of services:
7. the supply of the services again; or
8. the payment of the cost of having the services supplied again.
9. LISTINGS
   1. If you wish to list your business on the Site, you must abide 1st Class Cricket Academy Business Listing Policy as amended from time to time.  Any Business Listing Policy will be located for access by you on the Site.
10. TERMINATION
    1. These Terms terminate automatically if, for any reason, 1st Class Cricket Academy ceases to operate the Site.
    2. 1st Class Cricket Academy may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
11. GENERAL
    1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
    2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
    4. These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.

    Any additional terms and conditions that appear on the Site will govern your use of, and access to, certain sections of the Site where they appear (Additional Terms). Since these Additional Terms form part of the Terms you are bound by them and should review them wherever they are relevant to you when using the Site.Terms of Service Engagement

This document outlines the Terms of Engagement between: 

Nathanne Pty Ltd ACN 169 534 767 ATF Nathanne Family Trust trading as 1st Class Cricket Academy (we, us, our)

and

The Participant (you, your)

1. Definitions

Unless the context determines otherwise, in this Agreement: 

1. Agreement means this Terms of Service Engagement document;
2. Agreement Date means the date we accept your engagement of us for the Services or if no date is nominated, the date we commence providing the Services;
3. Coaching Session means a Private Coaching session with the Participant;
4. Fee means the total fee payable for your Subscription;
5. Online Programs means the online programs provided by us to Participants in accordance with the Service Offering;
6. Participant means a participant who receives the benefit of the Services pursuant to this Agreement (and for the purposes of this Agreement you includes the Participant to the extent applicable);
7. Private Coaching means the provision of private coaching by us to Participants in accordance with the Service Offering;
8. Services means the following services to be provided to you based on your Service Offering:
   1. Private Coaching;
   2. Online Programs; and
   3. such other services we agree to provide to you from time to time;
9. Service Offering means the category of Services chosen by You;
10. Subscription means a subscription by you for the Services offered by us from time to time and chosen by you; and
11. we, us or our means Nathanne Pty Ltd ACN 169 534 767 ATF Nathanne Family Trust trading as 1st Class Cricket Academy.
12. Terms of service engagement
    1. This Agreement is constituted by these terms and any amendments thereto and any other later documents that we advise to you becomes part of or varies this Agreement. These terms confirm our understanding of the nature and the limitations of the Services we will provide. 
    2. This Agreement will commence on the Agreement Date and automatically terminate on expiration of the Subscription or otherwise in accordance with the terms of this Agreement.
13. Purpose of the service engagement 

We agree to conduct the Services in accordance with the Service Offering for you and/or the Participant.

1. Scope of services

General & Online Programs

1. We will provide the Services to you according to your Service Offering.
2. Our Services and the Subscriptions are designed for all ability levels. 
3. For our Services to be effective, it is essential that you carefully consider and select the appropriate Service Offering. We reserve the right to review, vary and/or amended the Services provided at any time during the term of this Agreement;
4. Any non-compliance with, and/or deviation from, your Subscription, Online program and/or Coaching Session frequency and/or duration of the Coaching Sessions may hinder our ability to help you achieve your desired results;
5. You and the Participant will abide by our rules, policies and procedures for the provision of the Services as may be reasonably required from time to time. 
6. We may terminate this Agreement should you:
   1. fail to comply with the terms of this Agreement; 
   2. fail to comply with our reasonable directions; or
   3. put your or any other person’s health or wellbeing at risk.

Coaching Sessions

1. Prior to engaging in any Coaching Sessions, you must return to us the fully completed and executed:
   1. Consent and Waiver of Liability Form; 
   2. Medical Consent Form; and
   3. such other form, document or report required by us.
2. We reserve the right to cancel any Coaching Session if the requirements set out in clause 4.7 are not complied with.
3. You must notify us if the Participant is suffering from any injury or illness which renders the Participant unfit to participate in any Coaching Session as soon as practicable.
4. We aim to be as flexible as possible in the provision of Coaching Session to you. Coaching Sessions provided by us may be conducted at any time mutually agreed upon between you and us.  
5. You will receive a booking confirmation of your Coaching Sessions approximately forty-eight (48) hours before the time of your Coaching Session. We may also contact you direct via text, phone call or email prior to any Coaching Session. 
6. Your Coaching Session is not confirmed if you do not receive a booking confirmation from us. Please call us to check the status of any non-confirmed booking of a Coaching Session prior to such session. 
7. You must advise us of any change in contact details (address, email and/or telephone) as soon as possible.  We will not be responsible in any respect in the event you have not advised us of any change.
8. You will be responsible for providing all necessary equipment (including any safety equipment) to participate in the Coaching Session.

Location 

1. Private Coaching will be conducted at such location as agreed between the Participant and us.
2. If the Participant is under the age of eighteen (18) years of age, You agree that a parent or guardian (over the age of eighteen (18) years) will be at the location with the Participant throughout the entire and all Coaching Sessions.

Cancellation

1. Unless otherwise agreed by us, a Coaching Session may only be cancelled or rescheduled on forty-eight (48) hours’ notice in writing to us.  
2. Any cancellation of a Coaching Session will not affect the Fee nor any payment due to us. 
3. If a Coaching Session must be cancelled due to inclement weather, a make-up Coaching Session will be offered.
4. If you must cancel a Coaching Session, it is essential that the Coaching Session is rebooked in the same week or a make-up session is completed as soon as possible. Our Service Offerings are built on the foundation of consistency and each Coaching Session missed will affect the chances of achieving your end goal. The purpose of our direct debit arrangement and upfront payments are to ensure consistency of sessions and ultimately your success. 
5. Subscriptions and pricing

Subscriptions

1. Each Subscription contains a variety of different features.
2. We reserve the right to vary the features of any Subscriptions from time to time. 
3. On request, we will provide our recommendation on a Subscription for a Participant based on the information and representations made by you. 
4. You may change your Subscription (and Service Offerings) with our consent at any time provided that you pay the relevant Fee for such Subscription.

Fee 

1. The Fee:
   1. will be for the relevant Service Offering (as chosen by you); 
   2. is payable in advance as agreed to by us; and
   3. will be set by us from time to time.
2. All amounts and fees stated or referred to in this Agreement:
   1. are exclusive of GST;
   2. will be in Australian dollars; and
   3. are (subject to the terms of this Agreement) non-cancellable and non-refundable.
3. Unless the Fee is paid in full in advance, the Fee must be paid by way of direct debit through our nominated merchant facility. Merchant fees will apply for bank account direct debits and credit card payments.
4. The first instalment of the Fee must be paid to us to secure the Services.
5. Any outstanding instalment of the Fee must be paid prior to the provision of the Services. We reserve the right to cancel any Coaching Session and suspend the Services should there be any outstanding instalment of the Fee.
6. Any declined payment will incur a dishonor fee from our merchant facility. You will be notified of any declined payments via email and/or text. We will make a second attempt to process payment three (3) days thereafter. Declined payments can also be settled via contacting us over the phone, via email or text and providing us with authorisation to manually charge your account. Further declined payments after three (3) days may lead to the suspension or cancellation of our Services and may also forfeit any Coaching Session. 
7. You agree that in the event of any action being taken by us to recover any overdue amount due and owing under this agreement any costs incurred by us in recovering the debt (including without limitation any legal expenses on a solicitor/client basis, collection agency charges (if permissible by law) or any other reasonable associated costs) are payable by the you to us and shall be recoverable by us as a separate debt. Please note that this may also affect your credit rating.
8. All payments of the Fee are non-refundable, whether or not:
   1. you use the Services attached to the Subscription; or
   2. this Agreement is terminated (other than by reason of our default).
9. Breach and termination 
   1. You may provide us written notice of termination of this Agreement prior to the expiry of any term of this Agreement.  Such notice must include the date that you would like the Services to cease.  Clause 6.4 will apply.
   2. If a party breaches this Agreement and fails to remedy such breach within ten (10) days after receipt of a written notice of the breach from the other party specifying the breach complained of and the steps to be taken to remedy the beach, the other party may terminate this Agreement by written notice to the party in breach.
   3. We may terminate this agreement automatically, if we cease to operate the business which provides the Services.
   4. On termination of this Agreement (other than by reason of our default), all unpaid instalments of the Fee become payable in full within seven (7) days of the date of termination.
10. Disclaimer and liability
    1. We do not, and cannot, warrant or guarantee the desired result and do not accept responsibility or liability for a Participant's overall performance following the provision of the Services. 
    2. We (and our employees, contractors and/or agents) shall not be held liable for any injury, damage, loss, consequential loss, claim or demand whatsoever which may arise during, in association with, participation in the Services and you and/or the Participant hereby agree to release, indemnify and hold harmless us (and our employees, contractors and/or agents) from and against all liability, claims, actions and demands of whatsoever nature arising out of any accident, injury, loss or illness which may befall the you and/or Participant during or as a result of the your and/or the Participant’s participation in the Services including but not limited to claims in negligence, contract or breach of statute
    3. This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at its option:
       1. in the case of goods:
11. the replacement of the goods or the supply of equivalent goods;
12. the repair of the goods;
13. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
14. the payment of having the goods repaired; and
15. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.
16. Intellectual property
    1. We own all intellectual property rights pertaining to the Subscription, the Services and any and all documentation, resources, material or content provided by us to you or the Participant as part of the Services. 
    2. Nothing in this Agreement constitutes a transfer of any intellectual property rights to you.
17. Acceptance
    1. You may accept the terms of this Agreement by either:
       1. signing and returning a copy of this document; or
       2. making a payment in whole or in part of the Fee; or
       3. booking or attending a Coaching Session; or 
       4. contacting us and orally advising of your acceptance.
    2. You acknowledge that you: 
       1. understand and agree to the nature of our relationship and the Services provided by us as outlined in this Agreement;  
       2. understand and agree to the Fee and payment terms that will apply to the Services agreed to in this Agreement; 
       3. consent to receiving email newsletters from us;
       4. consent to receiving email or other media from us; and
       5. you may withdrawn your consent to the matters set out in clause 9.2(c) and clause 9.2(d) at any time by notice in writing. 
18. Force Majeure

We will not be liable for any failure to provide the Services or any delay in performing our obligations under this Agreement if that failure or delay is due to anything beyond our reasonable control including, but not limited to, fire, storm, flood, earthquake, explosion, war, invasion, act of terrorism, rebellion, sabotage, and epidemic.  

1. General

Privacy

1. You acknowledge and agree that you have read and understood the terms of our Privacy Policy as set out on our website. 

Governing law

1. This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.

Severance

1. If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Assignment

1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under this Agreement.