Governing law and jurisdiction
This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
Waiver
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Severance
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
Joint and several liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
Assignment
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Entire agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
Interpretation
Words in the singular include the plural (and vice versa); words indicating a gender include the corresponding words of any other gender; if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; a reference to 'person' or 'you' includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; a reference to a party includes that party's executors, administrators, successors and permitted assigns; a reference to a document is to that document as varied, novated, ratified or replaced from time to time; headings and words in bold type are for convenience only and do not affect interpretation; the word 'includes' and similar words in any form is not a word of limitation; no provision of this agreement will be interpreted adversely to a party because that party was responsible for its preparation; and a reference to $, or 'dollar', is to Australian currency, unless otherwise agreed in writing.
