Terms & Conditions
Last updated
The following paragraphs outline the terms and conditions on which Xtra Wellness Pty Ltd (ACN 667 066 659) trading as XtraClubs (We, Our, Us) agrees to grant you a Membership to enter Our Club and use Our Facilities and Services.
In accordance with clause 14, We may amend any of these terms and conditions from time to time.
- Definitions
The following definitions apply in these Terms:
Alternative Club has the meaning given to that term in clause 2.6.
Annual Membership means a Membership with a minimum term of 12 months, commencing on your Start Date.
App means the ‘XtraClubs’ application and Our website.
App Terms means the terms and conditions that apply to your use of the App.
Australian Consumer Law: as set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).
Closing Time means the time a Club closes (which can vary at each Club), as designated by Us from time to time.
Club means the club locations owned and operated by XtraClubs you are entitled to access in accordance with your Membership or when selecting a Club for your Session Pack or casual visit.
Club Rules means the rules We set to manage the entry into Our Clubs and use of Our Facilities and Services by all Members (found on Our App and usually displayed at Our Clubs), as designated by Us from time to time.
Facilities means each Club’s premises, including all bathrooms, change rooms, benches, ice baths, saunas and steam rooms.
Fees means any fees and charges that you agree to pay Us in accordance with your Membership (including Membership Fees), your Session Pack or casual visit and any additional fees and charges We are entitled to charge you in accordance with these Terms and the Pricing Schedule.
Home Club means the Club allocated to your Membership.
Induction means the induction process We determine appropriate and necessary from time to time for each Member to complete before gaining access to a Club.
Initial Annual Term means the first 12 month period of an Annual Membership, commencing on your Start Date, plus any additional periods during which the Membership is paused or you have failed to provide related payments.
Member(s) means a person who has entered into these Terms or who has purchased a membership, Session Pack or casual visit and is entitled to access Our Club.
Membership means your entitlements under these Terms and, where relevant, your Membership Tier, including any applicable membership options (e.g. Annual Membership) selected by you.
Membership Fees means the recurring fees you agree to pay Us, in respect of your Membership Tier, to access Our Club and use Our Facilities and Services.
Membership Tier means the specific Membership product you subscribe to when becoming a Member, as designated by Us from time to time.
Minimum Term means the 28 day period following your Start Date, except in the case of an Annual Membership where the Minimum Term is the Initial Annual Term.
Operating Hours means the hours of operation for a Club (which can vary at each Club), as designated by Us from time to time.
PARQ means the Physical Activity Readiness Questionnaire that We may require you to complete from time to time.
Pricing Schedule means the pricing found at /pricing and on Our App (as amended by Us from time to time).
Peak-Hour Sessions means the hours and days relating to peak-hours at Our Clubs (found at /faq and on the Membership pricing cards on Our App), as amended by Us from time to time.
Personal Information means personal information We collect from you when you become a Member or when you purchase a Session Pack or casual visit. This may include your name, phone number, email address, post code, date of birth, gender, credit card details, bank account details and health information.
Privacy Policy means Our privacy policy (found at /privacy and on Our App), as amended by Us from time to time.
Property means anything that We own that forms part of a Club.
Renewed Annual Term means any subsequent 12 month period of an Annual Membership, following the Initial Annual Term, plus any additional periods during which the Membership is paused or We have failed to receive related payments.
Services means any additional services that We make available for a Member to purchase for an additional fee or charge at Our Clubs including for example, the ‘Towel Service’.
Session means the period of time you are permitted to access a Club on a particular day and use the Facilities.
Session Packs means the various options made available by Us to Our Members from time to time to purchase additional sessions to access and use Our Facilities.
Standard Notice Period has the meaning given to that term in clause 11.2(b).
Start Date means the date you agree to enter into these Terms.
Terms means these terms and conditions.
Xtra Wellness means Xtra Wellness Pty Ltd (ACN 667 066 659) trading as XtraClubs.
- Joining & Access
2.1 Once you enter into these Terms, you will be provided with electronic access to enter Our Club and use its Facilities and Services subject to:
(a) the terms and restrictions of the Membership Tier purchased by you;
(b) the availability of Sessions;
(c) the terms and restrictions of any Session Pack or casual visit purchased by you; and
(d) these Terms.
2.2 You must use Our App to book a Session. Depending on your Membership Tier you may have limited Sessions during Peak-Hour Sessions. We are not able to guarantee Session availability. Sessions will be allocated on a first booked basis. Each Club may have different Peak-Hour Sessions designated by Us. We reserve the right, acting reasonably, to vary the hours and days designated as Peak-Hour Sessions to accommodate the operational and volume requirements of the Club.
2.3 If you become a Member under a particular promotion that We make available, We reserve the right to verify that you are entitled to or qualify for that particular promotion. If you do not qualify or are not eligible for the promotion We may, at Our discretion, either allow you access to Our Club, and Facilities using the promotion or refuse to allow you access to Our Club or Facilities using the promotion in which case you will either be entitled to a refund of the Fee paid (in accordance with clause 13) or invited to select one of Our other Membership Tiers and you will be credited with the amount paid to purchase the promotion.
2.4 You must not let anyone that is not eligible to access a Club, into a Club or to use your electronic access to enter a Club (including letting them follow you into a Club). If you breach this term, you will be charged a Tailgating Fee in accordance with Our Pricing Schedule and We reserve the right to suspend or terminate your Membership. If you believe a person has followed you into Our Club without proper access, please alert Club staff or notify Us by calling Us on (02) 5941 6361 or emailing Us at support@xtraclubs.au with the date and time of the suspected unauthorised access.
2.5 Your Membership Tier may include a number of ‘bring a friend’ credits, within a set period. If a Member uses a ‘bring a friend’ credit, their guest must be complete the onboarding process in Our App on their own device. ‘Bring a friend’ credits may have an expiry date. Any expired credits cannot be recovered.
2.6 If you have not purchased the ‘All Club Access’ add-on with your Membership and you attend more Peak-Hour Sessions at a Club that is not your Home Club (Alternative Club) than at your Home Club within a fortnight, you will receive a ‘strike’. If you continue to do so within a concurrent fortnight, you will receive a second ‘strike’. If you receive a second ‘strike’, We reserve the right to transfer your Membership from your original Home Club to the Alternative Club, which will become your new Home Club, and your Membership Fee will be the current rate of your Membership Tier at your new Home Club following the transfer. Alternatively, you may choose to upgrade your Membership to a Membership Tier that includes ‘All Club Access’ or to purchase the ‘All Club Access’ add-on. We will provide you with notice of any strikes received and the potential impact on the transfer your Membership.
- Induction & Proper Use of Facilities and Services
3.1 Before becoming a Member you are required to complete the PARQ and Our Induction. We may require Members to complete regular PARQs and Inductions from time to time if Our Facilities and Services change or if you wish to access a different Club. Your access to Our Club may not be activated or may be suspended until you successfully complete the then current PARQ and Induction.
3.2 You warrant when completing the PARQ that your answers are honest, true and correct and acknowledge it is incumbent on you to determine if you should cease using Our Facilities and Services if your circumstances change from when you initially completed the PARQ.
3.3 Induction is an important step in ensuring Members use the Facilities and Services offered safely and correctly. If you have any concerns or questions not answered during the Induction process, please let Us know.
3.4 You promise to take care to use the Facilities and Services safely, properly and in accordance with the Induction recommendation. If you are not sure how to use any of the Facilities and Services properly you must cease using the Facility or Service and ask Us for guidance before continuing to use the Facility or Service. We are not liable for any guidance you may obtain from another Member present in the Club.
3.5 You acknowledge and agree that all settings for the Facilities and Services (for example, temperature) are set remotely and you must not change or attempt to change any of the settings or features of the Facilities and Services.
- Health and Safety
4.1 You acknowledge and agree:
(a) to follow any reasonable direction of Club staff relating to health, safety or security matters or related matters. This includes any notice placed in the Club from time to time by Us or posted on Our App;
(b) that Our Facilities and Services may operate without staff present at certain times and that it is your responsibility to stay informed about Our Facilities’ staffed and unstaffed hours;
(c) to act in a safe and cautious manner and exercise reasonable care for your own safety when using Our Facilities and Services, including during times where Our Facilities and Services operate without staff present;
(d) you are aware of our guidance in relation to the use of the saunas, steam rooms and ice baths by way of the Club Rules. However, Our guidance in this respect does not constitute medical or health advice and does not consider individual circumstances;
(e) you are aware that the use of the sauna or the steam room may lead to dehydration and you will ensure that you remain hydrated when you use Our Facilities and Services. There are water fountains located in the Club for your use;
(f) that your health, medical and physical condition is acceptable for you to use Our Facilities and Services and you are not suffering from any illness, disease, injury, or other condition that could be a risk to your health and safety (or to the health or safety of others);
(g) that you will not use Our Facilities and Services if you are suffering from any illness, disease, injury, or other condition (including being under the influence of illicit substances or alcohol) that could be a risk to your health and safety (or to the health or safety of others);
(h) that each time you use Our Facilities and Services, you will ensure you are in good physical condition and know of no medical reason including any illness, disease, injury, or other condition (including being under the influence of illicit substances or alcohol) that could be a risk to your health and safety (or to the health or safety of others) or other reason why you should not use Our Facilities and Services**.** If you are unsure about the state of your health, you must obtain your own independent medical advice before using Our Facilities and Services. Our staff are not qualified to give you medical or health advice as to whether you should or should not use Our Facilities and Services;
(i) that if, at any time during your Membership, you become aware of any medical or other reason why you should not use Our Facilities and Services, you must discontinue use of Our Facilities and Services immediately;
(j) that contrast therapy, including the use of the sauna, steam room, and ice bath, can place physical stress on the body. If you experience dizziness, discomfort, or any signs of being unwell or otherwise unfit to continue, you must discontinue use immediately;
(k) that the PARQ and Induction is not a substitute for medical advice and does not guarantee against injury or death; and
(l) that if We have reasonable grounds to do so, We may at any time, during your Membership, request that you provide Us with a medical certificate confirming that your health, medical and physical condition is acceptable for you to use Our Facilities and Services and you are not suffering from any illness, disease, injury, or other condition that could be a risk to your health and safety (or to the health or safety of others). If We make a request for you to provide Us with a medical certificate, We may suspend your Membership, until We receive a medical certificate from you that confirms to Our satisfaction that your health, medical and physical condition is acceptable for you to use Our Facilities and Services. If you do not provide Us with a medical certificate or the medical certificate you provide does not satisfy Us that you are able to safely use Our Facilities and Services, We may:
(i) maintain the suspension of your Membership until you provide Us with a medical certificate that satisfies Us that you are able to safely use Our Facilities and Services; or
(ii) cancel your Membership;
(m) to the extent permissible at law, you understand and accept that you are solely responsible for any risks associated with using Our Facilities and Services; and
(n) to the extent permissible at law, you waive and release Us from any actions or claims you may have against Us to the extent that any failure by you to comply with these Terms and the Club Rules caused or contributed to such action or claim.
- Club Rules & Behaviour
5.1 We will set Club Rules which apply to everyone who enters the Club and when using the Facilities and Services. The Club Rules are for the benefit of Us, you and all other Members. You must read and familiarise yourself with the Club Rules, agree to be bound by the Club Rules and must comply with the Club Rules.
5.2 In accordance with the Club Rules, you acknowledge and agree:
(a) that you will not use or consume illicit substances and/or alcohol in the Club;
(b) that you will not use the Facilities and Services if you are under the influence of illicit substances or alcohol; and
(c) that you will not use or be in possession of a mobile telephone, laptop or other electronic device when using the ice baths, saunas and steam rooms.
5.3 If you breach any of the Club Rules, We will respond in a way We consider to be fair and appropriate in relation to the nature of the breach. For example, in less serious cases, We may give you a warning but in serious cases or where you have repeatedly broken Our Club Rules, We may suspend or terminate your Membership.****
5.4 If you behave in an inappropriate way (for example, if you threaten or harass Our staff or other Members, damage equipment, distribute or use illicit substances, consume alcohol, are under the influence of illicit substances or alcohol or engage in or behave in an offensive, anti-social or inappropriate manner such as nudity in Our Club) your Membership may be immediately suspended or terminated, you may be banned from obtaining Membership to any of Our other Clubs and We may refer to the matter to the appropriate authorities.
5.5 If We terminate your Membership due to a breach or repeated breach of the Club Rules you will not be entitled a refund of any Fees paid. If your breach of the Club Rules or conduct causes Us or another person to suffer loss or damage or incur costs, you agree to indemnify Us, up to the liability cap set in clause 15.4, against any loss or damage suffered or costs incurred in connection with your conduct.
- Operating Hours & Club Closures
6.1 The Operating Hours of the Club are displayed at each Club and on Our App. Each Club may have different Operating Hours. You may not access the Club outside of Our Operating Hours. You must be ready to leave Our Club before the Closing Time. The Closing Time is not the time you must cease using Our Facilities and Services but the time you must leave the Club. If you do not leave the Club before the Closing Time We may, at Our discretion, charge you a Trespass Fee in accordance with Our Pricing Schedule. If you persistently breach a Club’s Closing Time, We may terminate your Membership.
6.2 We may need to close Our Club or reduce the Facilities and Services available to you to undertake routine maintenance of the Facilities and Services from time to time or in the event of an emergency. If We are required to close the Club in the event of an emergency or reduce the Facilities and Servies available on any particular day you will not be entitled to a refund or reduction in your Membership Fees.
6.3 If your Home Club is closed for an extended period, We will grant you access to an alternate Club during the closure period. In situations where the alternate Club is not a reasonable option for you (for example, it is located too far from you), you may request to have your Membership paused for the closure period in accordance with clause 11.6 or to have your Membership terminated in accordance with clause 11.3(b).
6.4 You acknowledge that We are not responsible if you cannot use a Club because of an event outside of Our reasonable control, such as severe weather events, flood, fire, or a road or building closure, a pandemic or something similar. If closure of a Club occurs due to such an event, and for more than 28 days, then you or We may at Our election either terminate these Terms immediately by written notice or nominate an alternate Club.
- Complaints and Feedback
7.1 If you have any concerns about your Membership, the Facilities or Services or anything else (including suggestions on how We can improve a Club), you should first raise it with Club staff. If you are uncomfortable about approaching, or do not wish to approach Club staff, or are not happy with the response given, you may send a notification to the head office of XtraClubs by emailing support@xtraclubs.au.
7.2 We will, acting reasonably, determine the best way to address your complaint or concern within a reasonable period of time.
- Minimum Age
8.1 For safety and security reasons, you must be at least 18 years old to become a Member and to use Our Facilities and Services. You must not permit any person under the age of 18 years to enter a Club and you must not assist or facilitate anyone under the age of 18 years in obtaining a Membership.
- Security & Emergencies
9.1 The Club has CCTV security cameras recording 24-hours a day (except in bathrooms and change rooms). This system is used for security purposes but does not guarantee against harm or theft. You should contact the Club if you have questions regarding the CCTV system and how it is used.
9.2 If We provide a locker or similar system for use by you when in the Club, We do not warrant or guarantee that the locker or similar system will be safe or secure at all times and We are not liable for any theft or items stolen from a locker or similar system that you may use. We strongly recommend that you do not bring any items of value into the Club.
9.3 Clubs have a distress button for safety and security reasons to alert Our security company in emergencies (for example if you are, or feel, threatened or need medical help). You agree and acknowledge:
(a) you will familiarise yourself with the location and correct use of the distress button when in a Club (and which are shown to you during your Induction) and will only use the distress button in the case of a genuine emergency; and
(b) reimburse Us for any cost or expense We incur if you use the distress button inappropriately (including any reasonable cost or expense that We incur with Our security providers or with emergency services).
9.4 Clubs have emergency evacuation diagrams displayed in the front lobby. You agree and acknowledge that you will familiarise yourself with the emergency evacuation diagram located in the Club (and which is shown to you during your Induction).
- Personal Information & Privacy
10.1 When you enter into these Terms and use Our Facilities and Services, We will have access to some Personal Information about you, including your payment details and health information. We take Our responsibility to protect your privacy very seriously and use a range of security measures to keep your information safe.
10.2 By applying for Membership, you acknowledge and agree that:
(a) We will collect, use, disclose, and deal with your Personal Information in accordance with Our Privacy Policy; and
(b) We may transfer and store your Personal Information outside of Australia.
10.3 You must tell Us promptly if you change your contact or payment details or if there is a change to any other relevant Personal Information, including anything that may affect health or safety for you at Our Club.
10.4 You understand that photos, film, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. You are not permitted to take photos or videos in the Club unless prior permission is granted by Us in writing.
- ****Pausing Memberships and Termination
11.1 If you wish to terminate your Membership before the expiry of the Minimum Term,
(a) for Annual Memberships:
(i) the Minimum Term is the Initial Annual Term, being a period of 12 months plus any additional periods during which the Membership is paused or you have failed to provide related payments; and
(ii) if you decide to terminate your Annual Membership before the expiry of the Initial Annual Term, you must provide written notice and pay all Membership Fees that would have been payable for the remainder of the Initial Annual Term. No refunds or credits will be provided for early termination of an Annual Membership, except as required by law; and
(b) for all other Memberships, if you decide to terminate your Membership by providing written notice before the Minimum Term has expired, any Membership or Session Package purchased by you will not be refunded and you will still be liable for any Membership Fees and other Fees incurred by you whilst you were a Member, except as required by law.
11.2 If you wish to terminate your Membership after the expiry of the Minimum Term,
(a) for Annual Memberships, you may terminate your Membership at any time after the Minimum Term by providing written notice, and your Membership will terminate immediately upon receipt of such notice (i.e. the Standard Notice Period does not apply); and
(b) for all other Memberships, you may terminate your Membership at any time by providing 28 days of notice in writing (Standard Notice Period). Your Membership will remain active and the Fees will continue to be payable during the Standard Notice Period. If you have already paid for part of the Standard Notice Period, you will only be required to pay for the remaining days of the Standard Notice Period. Your Membership will terminate immediately after the Standard Notice Period has completed and been paid. Members are not entitled to pause their Membership during the Standard Notice Period.
11.3 The Standard Notice Period will not apply if:
(a) We breach a material term of these Terms and do not remedy the breach within 21 days of receiving written notice from you specifying the breach and requesting that We remedy the breach; or
(b) We change these Terms, the Facilities or the Services in a way that significantly and adversely affects you so that you no longer obtain the benefit of these Terms (this does not include a variation of Fees).
11.4 We may terminate your Membership at any time if:
(a) you do not pay Us any Fees when due;
(b) you breach any non-monetary obligation under these Terms that can’t be fixed or if you breach an obligation that can be fixed but fail to do so within 14 days of Our request to remedy that breach;
(c) in accordance with clause 2.4, you let someone, without eligible access, into the Club or allow them to use your electronic access to enter a Club;
(d) in accordance with clause 5.2, you breach the Club Rules in a significant way or repeatedly;
(e) in accordance with clause 5.3, you behave in an offensive or inappropriate way;
(f) in accordance with clause 6.1, you persistently stay beyond a Club’s Closing Time;
(g) in accordance with clause 6.3, you request to have your Membership terminated;
(h) in accordance with clause 6.4, We close a Club for more than 28 days because of an event outside of Our reasonable control;
(i) in accordance with clause 14.2, you do not agree to any changes to these Terms or Club Rules; or
(j) you persistently breach these Terms or Club Rules on multiple occasions within a 12 month period.
11.5 If your Membership is terminated, you acknowledge that We will disable your electronic access to enter Our Club and you will not be permitted to enter Our Club.
11.6 Subject to clause 11.2(b), Members are entitled to pause their Membership at no additional cost for a total of four weeks in each calendar year. Each pause period must be at least one week. Following these first four weeks, any further requests to pause your Membership will result in a pause fee of $5 per week, except where you are pausing your Membership due to health issues that prevent you from abiding by clause 4.1(h).
11.7 In such situations where you have paused your Membership due to health issues in accordance with clause 11.6, We retain the right to only reactivate your Membership upon receiving a medical certificate clearing you to use Our Facilities and Services.
- Fees and Charges
12.1 In relation to the Fees you agree to pay Us in accordance with these Terms:
(a) if you do not make any payment when it is due, your Membership may be suspended, and you will be refused access to the Club until all outstanding amounts have been paid;
(b) if any Fees have been incurred but remain unpaid for an extended period and We terminate or suspend your Membership, you will still be liable for all unpaid amounts;
(c) the Membership Fees will be reviewed periodically and are subject to change, but will not be changed during the Minimum Term;
(d) sometimes Membership may be sold with a promotion. The renewal Membership Fees of a Membership sold with a promotion will either be specified at the time of sale or notified to you by Us at least 28 days before the renewal date;
(e) after the Minimum Term or promotion, all Fees may be reviewed and changed. We will notify you at least 28 days before any increase of your Membership Fees; and
(f) We can deduct all Fees and charges that you must pay under these Terms from any refund We may be liable to give you (in accordance with clause 13).
12.2 For Annual Memberships, Members must pay the first four weeks of Membership Fees upfront, followed by fortnightly payments for the remainder of the Initial Annual Term. Following the Initial Annual Term, the Annual Membership will automatically rollover for a Renewed Annual Term. If you have failed to provide related payments or you pause your Membership, the Initial Annual Term or Renewed Annual Term, as relevant, will be extended by the duration of the failed payment or pause period.
12.3 You authorise Us to charge or debit (as relevant) your nominated payment method (e.g., credit card or bank direct debit) for any Membership Fees and other Fees that you owe Us in accordance with these Terms.
12.4 We reserve the right to appoint a debt collection agency to recover funds if your payments fall overdue. Members will accept the liability of any third party fees relating to debt collection and Members acknowledge that a debt recovery proceeding may lead to a negative credit score event.
- Credits and Refunds
13.1 We understand that situations may arise where a credit or refund is necessary. Therefore, credits or refunds may be issued at the discretion of XtraClubs and on a case-by-case basis.
13.2 We reserve the right to assess each situation individually to determine if a credit or refund is appropriate. With regard to merchandise and food and beverage items, We reserve the right to reject a request for a credit or refund if the item has been worn, used or damaged, subject to the Australian Consumer Law. Nothing in this clause excludes or limits any rights or remedies you may have under the Australian Consumer Law.
13.3 To request a credit or refund, please contact Our support team at support@xtraclubs.au with your details and the reason for the credit or refund request. We will review your request and respond with further instructions.
13.4 Refunds will be issued using the original payment method.
- Changes to these Terms and Club Rules
14.1 We may sometimes make changes to these Terms and Our Club Rules. Upon doing so, We will make reasonable efforts to tell you of any change in advance. Any changes to these terms and conditions will take effect immediately from the date of publication.
14.2 If We make changes in accordance with clause 14.1, your continued use of Our Club, Facilities and Services will be considered acceptance. If you do not agree to any changes to these Terms or Club Rules, you may terminate your Membership.
- Liability
15.1 Nothing in these Terms excludes or limits any rights or remedies you may have under the Australian Consumer Law.
15.2 To the extent permitted by law, We are not responsible for your property or liable for any loss, damage of theft of your property even if placed in a locker or similar system provided by Us. We strongly recommend that you do not bring any items of value into the Club.
15.3 You agree that your entry into the Club and use of the Facilities and Services is, subject to law, at your own risk. We are not responsible, or liable, for the conduct of any other Members. To the extent permitted by law and excluding claims that arise from Our negligence, reckless conduct or wilful misconduct, you release Us from all claims resulting from:
(a) any loss or damage to your property;
(b) death or injury of any person; and
(c) any conduct, actions or behaviour of other Members.
15.4 Without limiting your liability to pay the Fees or to indemnify Us in accordance with clause 15.5, to the extent permitted by law, each party’s aggregate liability to the other party for loss or damage arising out of these Terms (whether under statute, in contract or in tort, including for negligence, or otherwise) is limited, per calendar year, to the total of Fees paid or payable by you in that calendar year.
15.5 You agree that you will be liable for and will indemnify and keep Us indemnified (including Our staff) for and against any claims, actions, proceedings, demands, expenses, costs and loss brought against Us or which We may pay, sustain or incur in connection with any one or more of the following:
(a) any damage that you cause to Our Property, Club or Facilities; and
(b) any wrongful or negligent acts or omissions or acts of wilful misconduct by you.
- Intellectual Property
16.1 We retain all rights in relation to Our intellectual property and nothing in these Terms gives you any right to use, exploit or copy any of Our intellectual property.
- Miscellaneous
17.1 If a court decides that any part of these Terms is or becomes illegal, void or unenforceable, that part is reduced to the extent possible or if it cannot be reduced then deleted and does not invalidate the rest of these Terms.
17.2 You agree that We have not made any representations or promises that you have relied upon to enter into these Terms except where expressly set out in writing in these Terms.
17.3 No delay or omission to exercise any right, power or remedy by Us pursuant to these Terms or otherwise is to be construed as any waiver of, or acquiescence in, any continuing breach or similar breach or default occurring subsequently. No waiver of any single breach or default is deemed a waiver of any earlier, or later, breach or default. All remedies under these Terms, or by law, or otherwise afforded to Us, are cumulative and not alternative.
17.4 These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
- Interpretation
For the purposes of these Terms:
18.1 Headings and bold type are for convenience only and do not affect the interpretation of these Terms.
18.2 The singular includes the plural and the plural includes the singular.
18.3 A reference to any legislation includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them.
18.4 A reference to a document includes all amendments or supplements to, or replacements or novations of, that document.
18.5 Specifying anything in these Terms after the words ‘including’, ‘includes’ or ‘for example’ or similar expressions does not limit what else is included unless there is express wording to the contrary
Competition terms
Each competition runs under its own terms, in addition to those above.