TERMS & CONDITIONS OF SALE

These Terms and Conditions establish the terms and conditions under which Motion is Life Pty Ltd (ABN 72 622 383 466) (“we” or “us” or “our”) supply Goods to you by way of sale. By completing and returning this form to us, you agree to be bound by, and comply with, these Terms and Conditions. You also acknowledge that we may change these Terms and Conditions at any time without notice to you and that any subsequent supply will be on those Terms and Conditions. You can view the most current version of these Terms and Conditions at http://www.motionislife.com.au.

1. Price & Description

   The price and description of products supplied by us are as notified from time to time. We may change the price at any time without prior notice. Any description of Goods is given by way of identification only and the use of that description does not constitute a sale by description. Wholesale Account Holders are responsible for ensuring that the type of Goods ordered are suitable for your intended use of them and we are not liable to you for any Goods you order which are unsuitable for your intended use.

2. Payment

1. 2.1  Our terms are strictly 30 days from date of issue of invoice.

2. 2.2  If you pay any of our invoices by way of credit card, we are entitled to require you to reimburse us for any fees incurred by us or deducted from the payment to us (2 – 3%

   surcharge).

3. 2.3  If we accept payments by Amex Charge Card, payments

   are received by us on account only and will be only provisionally credited by us to your account until you have paid in full the amount due to Amex on account of such payments, in accordance with the Amex Charge Card Conditions. For the credit to your account to become unconditional, you must pay Amex the sums due to it on account of such payments and strictly in accordance with the Amex Charge Card Conditions. In the event that you do not do so then the provisional credit shall be reversed, and we may recover from you the value of the relevant Goods or services and such other sums as are due pursuant to this Agreement. In that event, we will be entitled to invoice you again for the value of the relevant Goods and services and such other sums as are due pursuant to this Agreement and you shall pay to us the amount so invoiced forthwith.

4. 2.4  Unless we expressly agree to the contrary in writing, if one or more invoices are outstanding, all of the proceeds of any payment made by you (or on your behalf) shall be allocated and credited firstly to any interest accrued on any outstanding invoices, secondly to the oldest invoice outstanding and then to each more recent invoice (in order from the oldest to the most recent) until all invoices are paid in full

3. Administration Fee

   An administration fee will be payable at our discretion for

   any claim of credit on a return of any supply by you.

4. Delivery

1. 4.1  Delivery takes place at the time:

   1. (a)  Goods pass into your or your agent's exclusive physical

      control;

   2. (b)  when you collect Goods or arrange for their collection

      from us; or

   3. (c)  when ownership of Goods has passed to you, whichever

      is earlier.

2. 4.2  Unless we agree otherwise, you are responsible for all

   delivery costs.

3. 4.3  Any date for delivery of Goods indicated by us is an

   estimated date for delivery only. We are under no liability for any loss, including consequential loss, or damage, however it arises, if Goods are not delivered or supplied by that date. In no case shall we be liable for any amount payable by you to a third party as a result of a failure or delay in delivery by us due to any cause whatsoever.

4. 4.4  If agreed by us we will deliver Goods to the address nominated by you. If we deliver Goods, then you or your representative shall be present at the agreed place and time for delivery. If you or your representatives are not present, we may unload the Goods at that place in which case the Goods will be deemed to have been delivered and we will not be responsible for any claims, costs or losses suffered by you.

5. Risk

1. 5.1  At all times from the date of delivery, Goods are at your risk of loss or damage and you are responsible for their safe custody. It is up to you to arrange your own insurance.

2. 5.2  If any Goods are damaged or destroyed prior to property in them passing to you, we are entitled without prejudice to any of our other rights or remedies under the Terms and

Conditions (including the right to receive payment of all the balance of the price for Goods) to receive all insurance proceeds payable for the Goods. This applies whether or not the price has become payable under contract. The production of these Terms and Conditions by us is sufficient evidence of our right to receive the insurance proceeds without the need for any person dealing with us to make further enquiries.

6. Ownership

6.1 The ownership of Goods supplied to you shall not pass to you and shall remain with us until the later of:
(a) unconditional payment in full to us for those Goods;and (b) unconditional payment in full of all other monies, feesor

charges owing or unpaid by you to us on any account including in respect of Goods previously or subsequently supplied to you.

6.2 For the avoidance of doubt, a payment made by an Amex Charge Card is unconditional only where you comply strictly with the Amex Charge Card Conditions in relation to such payments, including payment of such sums as are due to Amex as a result of such payments. You will hold the Goods as a fiduciary and as bailee for us and will be responsible for any loss, damage or conversion of our Goods.

6.3 The Goods shall be stored by you in a manner as to show clearly that they remain our property until such time as the Goods have been paid for in full. We may enter onto your premises to inspect the Goods or inspect your books or records regarding the Goods at any time.

6.4 You may sell the Goods in the ordinary course of your business for full market value at arms’ length to a bona fide purchaser for value without notice of this clause provided that:

1. (a)  you must hold all monies you receive for the sale of the Goods (Proceeds) as bailee, fiduciary agent and trustee for us and not by way of security up to an amount equal to all monies, fees or charges owing or unpaid by you to us on any account including in respect of Goods supplied to you. We have the right to trace and claim Proceeds. Receipt by you of payment shall be treated as conclusive evidence that you have received Proceeds; and

2. (b)  you account to us for all Proceeds which must be kept in a separate account on trust for us for that purpose until accounted for to us.

6.5 If the Goods are processed or comingled with other goods to produce another product, you must hold such part of the proceeds of that product that relates to the Goods intrust for us up to an amount equal to all monies, fees or charges owing or unpaid by you to us on any account including in respect of Goods supplied to you.

6.6 For the purposes of identification of different shipments of Goods purchased from us and receipt of Proceeds you agree that the principle of “First In, First Out” shall be applied to any items that cannot be distinguished.

6.7 You shall ensure that the Goods are not and will not be subject to any security interest, including a lien, granted or created in favour of any third party (whether under contract, statue or common law) without our prior written consent. Without limiting our rights, if you become aware of a third party’s interest in or relating to a security interest, including a lien, in respect of the Goods, you shall notify us immediately in writing and provide us with all relevant details relating to the security interest, including the third party’s full name and contact details, the nature of the security interest and the Goods subject to the securityinterest.

6.8 Where you sell those Goods, you will sell as principal and you have no power to commit us to any contract or otherwise or liability but as between you and us you will sell as fiduciary agent.

6.9 Despite this clause we are entitled to maintain an action against you for the purchase price of theGoods.

7. Returns

7.1 Subject to clause 7.3 and the Australian Consumer Law, we do not offer refunds for the return of Goods. Subject to clause 7.2, Goods can be exchanged for a Good of equal or less value (for example,

an exchange for sizing). If a Good is exchanged for a Good that is of less value, then any unused amounts or value will be forfeited to us. If you wish to exchange a Goods, you must contact us for a Return Authorisation (RA) number within 14 calendar days of the receipt of the Goods. The Goods must be returned in the original undamaged, unused item and packaging, We will not accept Goods returned by you without a Return Authorisation number. The Goods must be returned to us within 14 calendar days of the issuance of the Return Authorisation number. All Goods must be packed in the original, unmarked packaging, including any accessories, manuals, documentation and registration that was included with the Product, and be of re- sellable quality. Returns that do not meet these conditions may be subject to a refusal of exchange or a 30% restocking fee. You are responsible for all costs, including freight costs, in respect to any exchange of Goods.

2. 7.2  Subject to clause 7.3 and the Australian Consumer Law, Goods that are of the type that are opened packaged items, compression socks/stockings, custom made products, apparel or wear, underwear or altered Goods, or other Goods advised to you or advertised by us as not returnable from time to time, are strictly not returnable and cannot be exchanged.

3. 7.3  Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. If the Australian Consumer Law applies to you in respect to the purchase of our Goods, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. The offers under this clause 7 are in addition to other rights and remedies that you may have under the Australian Consumer Law and other laws.

8. Assignment

1. 8.1  You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent.

2. 8.2  Notwithstanding any other provision of these Terms and Conditions or any related document, we may assign, novate or otherwise transfer our rights and obligations contained in these Terms and Conditions without your consent. You agree to sign such documents as may be necessary to give effect to thisclause.

9. Recovery

   If at any time you owe us monies on any account in excess of our payment terms then in addition to any other rights we have you agree we may enter any premises owned, possessed or controlled by you where the Goods are stored and remove the Goods and re-sell all or any of them. We are not liable to you if we take such action.

10. Claims

1. 10.1  When you take delivery of Goods, you must inspect them immediately and carry out any test that a prudent purchaser would carry out.

2. 10.2  You agree that you shall make no claim against us for any delay in delivery.

3. 10.3  You shall not be entitled to make any claim upon us if any amounts are outstanding from you to us. You are not entitled to set-off any amounts against your outstanding debts to us. We may at any time set-off amounts owed by us or any of our related companies to you against any sums owed by you to us or any of our related companies on any account.

4. 10.4  You shall not deduct any sum from the amount due on any of our invoices or statements for any reason whatsoever including any equitable right and any statutory right which may be excluded by agreement.

5. 10.5  You agree that we must be notified of any faulty goods within 14 days of delivery.

6. 10.6  You agree to notify us of any discrepancies in invoicing and delivery within 7 days of delivery.

11. Overdue Accounts

11.1 Interest on overdue invoices shall accrue daily at a rate of interest (however described) advised by us to you from time to time (currently the Supreme Court of NSW post-judgment rate + 2% per annum) from the date when payment becomes due until the date of payment, calculated on daily

rests, and shall accrue at such a rate after as well as before

any judgment. 11.2 In the event that:

1. (a)  there is a breach by you of any of these Terms and Conditions;

2. (b)  any monies payable to us becomes overdue, or in our opinion you will be unable to meet your payments as they fall due;

3. (c)  you (being a company) are or become:

(i) an externally-administered bodycorporate; (ii) subjecttocontrolbyaController;or
(iii) insolvent; or

(d) you (being an individual) commit an act of bankruptcy or are or become an insolvent underadministration;

then, without prejudice to our other remedies under these Terms and Conditions or at law:

5. (e)  we shall be entitled to cancel all or any part of any of

   your orders which remain unperformed on any account

   whatsoever;

6. (f)  all amounts owing to us shall whether or not due for

   payment immediately become payable; and

7. (g)  we may cancel any Rebates given to you and recalculate the outstanding invoices on our standard

   prices.

11.3 In the event that:

1. (a)  we retain possession or control of the Goods;

2. (b)  payment of the price of the Goods is due to us;

3. (c)  we have made demand in writing of you for payment of

   the price of the Goods;and

4. (d)  we have not received the price of the Goods,

then, whether the property in the Goods has passed to you or remains with us, we may dispose of the Goods and may claim from you our loss on such disposal.

11.4 If the arrangements provided under this clause constitute a credit contract as defined in the National Credit Code, the time for payment of any overdue account is limited to a total period not more than 62 days from the date of statement. Nothing in this clause imposes an obligation on us to extend our payment term to you for any period at all.

11.5 We will not be liable to you for any loss or damage you suffer because we exercise our rights under this clause.

12. Fees for delivery of hard copy statements, invoices, credit notes and Direct Debit Defaults

12.1 You can obtain all statements, invoices, credit notes and non-stock invoices, at no charge, upon request by email.

12.2 If you wish to receive hard copies of these documents, by post or fax, fees may apply.

12.3 If there are insufficient cleared funds in your nominated account to meet a debit payment, you may be charged a fee and/or interest by your Financial Institution and you may also incur fees or charges imposed or incurred by us.

13. Orders

13.1 All Goods sold by us are sold and supplied on these Terms and Conditions. Any alteration to these Terms and Conditionsby us shall apply to all transactions between you and us occurring after the date of the altered Terms and Conditions.

13.2 We may refuse in our discretion to sell Goods to you at any time, including whether or not part of a contract has been performed where Goods are unavailable for any reason, a non-complying order is received, or you have defaulted under these Terms and Conditions.

13.3 All communications between us including all purchase orders must be inwriting.

13.4 An order for the sale of Goods shall identify the Goods ordered, the quantity required and refer to any quotation pursuant to which the order is made. No quote is binding on us unless we have prepared and accepted a written confirmation of order.

13.5 We may supply Goods that vary from the Goods ordered by you and you must accept the Goods supplied provided that such variations are not material.

13.6 Unless we agree special arrangements, such as an authorisation code, we assume any order received from

anyone in your employ or acting on your behalf has been placed

with your authority and is binding on you.
13.7 If you make a change to an order causing a delivery delay or you

cancel an order less than 14 days prior to a scheduled delivery, you will pay to us a fee equal to 5% of the RRP price of any Goods affected. If you cancel an order for any Goods not included in our current price list, you may be subject to an additional charge. If you cancel an order or refuse to accept all or any of our Goods in an order other than in circumstances permitted by these Terms and Conditions, you will be liable for any resulting damage or loss suffered by us. If the Goods have been or are in the process of being manufactured or produced specifically for you, you will pay to us as liquidated damages the full price of the Goods and any costs incurred by us (including, any GST) less the current scrap value of the Goods as determined by us.

14. Minimum Online Resale Price

    If you are a Wholesale Account Holder, then you may not sell online any of the Goods purchased from us for less than 10% of the recommended retail price (RRP) that has been advised to you via the price list given to you from time to time or as otherwise notified by us from time to time (whether via mail circulation or other notification of the price list).

15. Your Relationship with Us

    Nothing in these Terms and Conditions creates any relationship of employment, agency or partnership between you and us.

16. Intellectual Property

1. 16.1  These Terms and Conditions do not give you any Intellectual Property rights in or in relation to the Goods.

2. 16.2  Your details and information that you provide us about yourself may be retained by us on our database. To the full extent permitted by law, you are not granted any rights, whether proprietary or otherwise, in our datable. We may use such database in the conduct of our business, subject to privacy and other relevant laws.

17. Whole Agreement

    This Agreement forms the entire agreement on which we are willing to trade with you and all or any previous agreements or understandings we may have had with you are superseded by this Agreement.

18. Warranties

1. 18.1  We exclude all warranties in connection with Goods (or advice regarding Goods) supplied to you other than those which may not be excluded under the Competition and Consumer Act 2010 or other relevant legislation. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute, for damages suffered by you arising in any way out of the supply, delay in supplying or failure tosupply Goods except as set out in clause 10.

2. 18.2  Our liability under any condition or warranty implied by the Competition and Consumer Act 2010 or similar legislative provision which may not be excluded but may be limited is limited at our option to:

   (a)the replacement of Goods or the supply of equivalent Goods; or

   (b) the refund of the price paid by you for Goods.

3. 18.3  We are not liable for indirect or consequential loss however

   described.

19. Indemnity

Any indemnity provided in favour of us is an irrevocable, continuing and unconditional indemnity and shall not be affected by:

1. (a)  our making any variation or alteration in your

   obligations to us or the terms of any agreement made with or to be made with you including a change in credit limit;

2. (b)  any agreement between you and us becoming wholly or partly unenforceable;

(c) any negligence or mistake by us;
(d) our refusal to supply further Goods to you;
(e)our granting time or other indulgence to or

compounding or compromising with or releasing you or any co-indemnifier or any other person or corporation

whatsoever or the release, abandonment, variation, relinquishment, loss or renewal in whole or in part of any security, asset or right held us; or

(f) anything else which might prejudice or discharge the indemnifying party’s liability under such indemnity.

20. PPSA

20.1 You agree that this Agreement and in particular the provisions of clause 8 creates a security interest in the Goods (and their proceeds) supplied presently and in the future by us to you.

20.2 You agree to do all things necessary and execute all documents reasonably required by us to register the security interest granted by you under this Agreement and ensure that we acquire a perfected security interest in the Goods with the appropriate priority under the PPSA.

20.3 The PMSI does not lose its priority as a result of the renewal, refinance, consolidation, transfer, novation or restructure of the subject matter of this Agreement and any purchase money obligations.

(a) You, until ownership of the Goods passes, waive your rights under the following provisions of the PPSA, to the extent that it is permitted by law: receive a notice of intention of removal of an accession (s.95);

(b) receive a notice that we have determined to enforce our security interest in accordance with land law (s118);

(c) receive a notice of enforcement action against liquid assets;

(d) receive a notice of disposal of Goods by us purchasing the Goods (s129);

(e) receive a notice to dispose of the Goods (s130);
(f) receive a statement of account following disposal of the

Goods (s132(2));
(g) to receive a statement of account if no disposal of the

Goods, six monthly (s152(4));
(h) to receive notice of any proposal by us to retain the

Goods (s135(2));
(i) to object to any proposal by us to either retain and

dispose of the Goods (s137(3));
(j) to redeem the Goods (s142);
(k) to reinstate the security agreement (a143); and
(l) to receive a notice of any verification statement (s157(1)

and 157(3)).
We may also exclude any other provisions of the PPSA not specified in this clause, as may be permitted by the PPSA as we determine from time to time.
You further agree that where we have rights in addition to those under Part 4 of the PPSA, those rights shall continue to apply.

20.4 Your right to possession of Goods still owned by us under this Agreement shall cease if:

(a) being an individual, you commit an act ofbankruptcy; or,

(b) being a Company, a Receiver, Manager, administrator or controller becomes entitled to take possession ofany of your assets, any proceedings are instituted for the winding up of you or, you enter into a Deed of Company Arrangement, or

(c) your cheque is dishonoured for payment,or
(d) you fail to comply with any demand for payment issued

by us, or
(e) you breach any of the terms contained in this Agreement

and/or are in default of any of this Agreement.
20.5 You agree that we are entitled to enter any premises where the Goods supplied by us and still owned by us under this Agreement are located and repossess and sell such Goods. You will indemnify and keep us indemnified in respect of any claims, actions and costs that may arise against us in relation to the removal, repossession and sale of the Goods pursuant to the terms and conditions including any claims brought by third

parties.
20.6 You agree that repossession and retention of the Goods

pursuant to the PPSA will only satisfy so much of the monies which may become payable by you to us as is equivalent to our estimation of the market value of the Goods as they are to be

used by us as at the date of repossession and the repossession and retention will immediately extinguish any rights of interest you have on the Goods.

7. 20.7  Until ownership of the Goods passes, you must not give to us a written demand or allow any other person to give to us a written demand requiring us to register a financing change statement under the PPSA or enter into or allow any other person to enter into the personal property securities register a financing change statementunder the PPSA.

8. 20.8  You agree that you will be responsible for payment of any fees (and any other costs) that we incur in relation to investigating, perfecting or registering our security interest in the Goods, and that those fees and costs may be added as

a charge on invoices issued to you.

20.9 Youagreenottochangeyournameorundertakeanychanges to any documents that are registered, required to be registered or capable of being registered without our prior written consent.

21. Force Majeure

    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond our reasonable respective control.

22. Privacy

    By ordering Goods from us you agree to the collection, use and disclosure of your personal information in accordance with our privacy policy available at http://www.motionislife.com.au.

23. General

1. 23.1  In the event that any of these terms or part of a term cannot be given effect for any reason then the term or part of a term which cannot be given effect shall be severed and read down respectively and the remaining terms and part of any term shall remain valid and binding on the parties.

2. 23.2  A statement in writing signed by any Director, Secretary, Credit Manager or other duly authorised person on behalf of us shall be conclusive evidence as to any of the following matters stated in it:

   (a) as to the delivery of any Goods:

   1. (i)  the description and quantity;

   2. (ii)  date of delivery; and

   (iii) placeofdelivery;

   2. (b)  the amount of your indebtedness to us at the date of that statement; and

   3. (c)  service of any document on you (including tax invoices and statements).

3. 23.3  You will pay to us any and all of our expenses including any legal costs (on an indemnity basis), stamp duties and other expenses payable under these Terms and Conditions together with any collection costs incurred in connection with the enforcement of, or preservation of any rights under these Terms and Conditions. Such costs, duties and other expenses may be recovered by us from you as a liquidated debt. Any payments received by us from you shall be applied firstly to any legal costs, duties and other expenses, then to interest and the remainder to the balance of monies owed by you.

4. 23.4  You agree to promptly, but no later than 5 days after the occurrence of a change, notify us in writing of any change in ownership, directors or address. Notwithstanding any change in your ownership/trading structure or any advice by you to us of such change, you will remain personally liable for any Goods requested by you or on your behalf until you have received written confirmation from us that your account has been closed and full payment received.

5. 23.5  We reserve the right to vary any of these Terms and Conditions at any time. You will be deemed to have accepted the Terms and Conditions (as varied from time to time) by continuing to place orders for Goods from us. We will not be bound by any variations to these terms and conditions unless accepted in writing by an authorised officer of ours. For your convenience, copies of our Terms and Conditions (and any variations from time to time) can be accessed via our website at www.motionislife.com.au.

6. 23.6  The failure by us to insist upon compliance with any of these terms or any parts of a term does not constitute a waiver of

that term or part of a term and we shall be entitled to insist upon compliance with all of these Terms and Conditions at any time.

23.7 Any notice required to be given by you to us must be delivered personally or sent by post to our Credit Manager at our head office and shall only be taken as delivered when received by us.

23.8 Any notice to be given to you by us may be delivered personally or sent by post to your last known address and shall be taken as delivered to you 2 Business Days following posting. Our invoices and statements are deemed to be received by you 2 Business Days after posting by ordinary prepaid post.

23.9 Service by us of any document will be treated as having been effected when sent to the addresses shown in the Application for Credit Account:
(a) for the fax number, by facsimile transmission; or

(b) for the email address, by email,
and you agree that in the case of facsimile or email transmission, production by us of a copy of a facsimile transmissionoremailmessagebearingthetimeanddateof dispatch shall be conclusive evidence that the facsimile transmission or email message was sent on that date and time shown.

24. Inconsistencies

If there is inconsistency between any provisions set out the documents forming part of this Agreement, the provisions in those documents will be interpreted in the following order of priority to the extent of any inconsistency:

(a) Invoice; and

(b) Terms And Conditions Of Sale

25. Definitions
Agreement means these Terms and Conditions (as varied from time to time) together with any Application for Credit Account submitted by you including any declaration, indemnity, guarantee and charge contained in it. Australian Consumer Law refers to the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth)
Amex means American Express Australia Limited ABN 92 108 952 085.
Amex Charge Card means the charge card issued to you at our request by Amex, and any replacement thereof.

Amex Charge Card Conditions means the terms and conditions applicable to the Amex Charge Card as amended from time to time in accordance with its usual business practice.

Credit Provider means: Motion is Life Pty Ltd.
Direct Products mean products supplied directly to you by the supplier.
Goods means any item available for sale (including any services) to you by us.
Intellectual Property includes the full benefit of any rights in any copyright, trade mark, registered design, patent, trade and business names, inventions, knowhow, inventions, improvements, discoveries, confidential processes and information and includes artistic works, images, designs, motifs and photographs and any adaptation or concept relating to it.
Law means any Commonwealth or Australian state legislation regulations and the general laws and includes in particular the Competition and Consumer Act 2010 (Cth) and regulations as amended and the Personal Property Securities Act 2009 (Cth) and regulations as amended. Manual means the Motion is Life Pty. Ltd. Price Book. Non-complying order means an order of yours that does not meet our requirements.
***Account Holder means a wholesaler or retailer who, by completing an Application Account or ordering Goods from us, is an account holder with Motion is Life Pty. Ltd.
PPSA means Personal Property Securities Act 2009 (Cth), as amended.
PMSI is an abbreviation of purchase money security interest and means a security interest taken in collateral, to the

extent that it secures all or part thereof, of the purchase price as defined in Section 14 of the PPSA.
Rebates mean rebates, discounts, promotional discounts, allowances, concessions or other reductions from our list price or the “best buy price”, irrespective of how the Rebates arise or the source of the Rebates.

you or your means the Retail Account Holder, Wholesale

Account Holder or other buyer of the Goods.

26. Interpretation

In these Terms and Conditions unless the context otherwise requires:

1. (a)  The singular includes the plural and vice versa and a

   gender includes any gender.

2. (b)  References to clauses, paragraphs, recitals,

   schedules, annexures and exhibits are references to clauses, paragraphs, recitals, schedules, annexures and exhibits in these Terms and Conditions.

3. (c)  Headings are for convenience only and must be ignored when construing these Terms and Conditions.

4. (d)  Reference to a party includes each of its agents, successors, permitted assigns or substitutes,

   executors and administrators.

5. (e)  Other parts of speech and grammatical forms of a

   word or phrase defined in these Terms and Conditions

   have a corresponding meaning.

6. (f)  Reference to a person includes any company, firm,

   partnership, joint venture, association, corporation or other body corporate and any governmental agency and vice versa.

7. (g)  A reference to any agreement or document is also a reference to that agreement or document as amended, notated, supplemented or replaced from time to time.

8. (h)  A reference to a law includes regulations and other instruments under it and amendments or replacements of any of them whether now or in thefuture.

9. (i)  Any reference to “writing” includes an electronic communication and “written” is to be interpreted accordingly.

10. (j)  Terms defined in the A New Tax System (Goods and Services Tax) Act 1999 or the Corporations Act 2001 have the same meaning in these Terms and Conditions unless provided otherwise.

11. (k)  “Month” means a calendarmonth.

12. (l)  “Business Day” means a day that is not a Saturday,

    Sunday or public holiday or bank holiday in Melbourne

    or Sydney.

(m)“Including” and any other similar words are not words

of limitation.

14. (n)  An agreement, deed, covenant, representation or

    warranty on the part of 2 or more persons is for the

    benefit and responsibility of them jointly and severally.

15. (o)  General words following words describing a particular class or category are not restricted to that class or

    category.