TERMS AND CONDITIONS

Terms and Conditions

The following terms and conditions apply to your use of IQoala.com.au Web Site and all other services provided to you through the IQoala.com.au Web Site. Before Using IQoala.com.au Web, read these terms and conditions carefully. You agree to be governed by these Terms and Conditions by using the IQoala.com.au Web Site, which form a contract between you and IQoala Pty Limited (ACN 109 996 134) of Level 10, 255 Pitt Street, Sydney NSW 2000, Australia ("we" or "us"). Do not use IQoala.com.au Web Site if you do not agree to all of the terms stated in these Terms and Conditions. At any moment, we retain the right to update and change these Terms and Conditions. Please review these Terms and Conditions on a frequent basis. Continued use of the IQoala.com.au Web Site indicates that you acknowledge and agree to any changed Terms and Conditions.

Also, please read our Privacy Policies.

User Submissions

General

All material or content you upload and/or submit to be displayed or used on the IQoala.com.au Web Site, including all ads, images, and creative designs, must be either your own or works that you have permission to use. By submitting information or content (including advertisements, photos, and designs) to any part of the IQoala.com.au Web Site, you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive licence to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, and co-brand such information (subject to any other clauses of these Terms and Conditions). You guarantee that the information you provide on the IQoala.com.au Web Site is:

1. follows all relevant laws.

2. does not infringe on any person's intellectual property rights (including, but not limited to, copyright and trademarks.

3. is not deceitful or misleading, and is unlikely to deceive.

4. does not infringe on any privacy or confidentiality laws or regulations.

You accept these terms that any information you submit and publish on the IQoala.com.au Web Site, including any directories, is honest, complete, and correct.

Ratings

Users who engage with a tradie through the Web Site may be given the option to rate their experience with that tradie from time to time. While we verify that the feedback originates from people that interacted with the tradie via the Web Site, the feedback's content is the user's opinion. The ratings are based on user feedback and do not imply our support or recommendation of any particular tradie. Visit IQoala.com.au/trust for more information on how our rating system works. Ratings are not a replacement for conducting your own due diligence on any tradie you are contemplating hiring.

You agree to behave honestly and fairly while providing rating comments, and that you will not do anything that might unfairly harm a tradie's reputation or impair the ratings system's operation. We have the right to delete feedback from the star rating system if we believe it is incorrect, dishonest, or does not follow our feedback rules at IQoala.com.au/content/feedback and rating guidelines.

Copyright in Reviews and comments

You hereby assign to us all present and future copyright in all original content submitted or posted by you to the IQoala.com.au Web Site, including without limitation: comments, forum posts, public messages, reviews, ratings, and the compilation of any inspiration board (but not including the contents of any advertisement, advertiser's profile, or any 'get a quote' submission) by accepting these Terms and Conditions when registering your account. You also give us irreversible permission to use the material in any ways we see appropriate, including in ways that may infringe on your moral rights in the content.

Review of submissions

The discussion or forum management may review, modify, or delete files you post, public messages you send, and your activity in dialogue, discussion, and forums on the IQoala.com.au Web Site without notice.

You are responsible for adhering to any imposed limits on usage, reproduction, and/or dissemination that apply to files you upload to a bulletin board.

You should be aware that any personally identifiable information you choose to reveal on the IQoala.com.au Web Site may be used by third parties without our knowledge or consent, and that such use is beyond our control. You are not permitted to upload any information that:

1. is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, illegal, or infringes on any other person's ownership or intellectual property rights.

2. includes any virus, worm, trojan, or other code that is harmful or damaging to the IQoala.com.au Web Site or any of our users' files, data, or programmes.

If we, in our reasonable discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate, we may deny you access to all or part of the IQoala.com.au Web Site and/or suspend or cancel your service account without notice.

We will not be responsible for any lost profits or business opportunities as a result of the suspension or cancellation of your service account.

Copyright and Trade Marks

Copyright laws protect the entire contents and design of the IQoala.com.au Web Site, including any trade marks, text, pictures, and audio and video files. IQoala.com.au is for your personal, non-commercial use only. Without our express prior written permission or the permission of the relevant copyright owner, you may not reproduce, edit, copy, distribute, transmit, communicate, display, publish, or use any material contained in the IQoala.com.au Web Site and/or our e-newsletters. Any information or content on the IQoala.com.au Web Site may not be used for commercial purposes or to create, run, or manage your own product or service offering. You agree that any violation of this paragraph by you may cause us harm that cannot be adequately remedied by damages, and that if you violate or threaten to violate this paragraph, we may seek legal action against you.

General Disclaimer

You are entitled to certain guarantees under Australian Consumer Law in connection to our sale of the IQoala.com,au Web Site, which cannot be excluded, restricted, or changed (Consumer Guarantees). Our responsibility for failing to comply with a Consumer Guarantee is limited (at our discretion) to the following:

1. in the case of products provided to you, replacement of the goods or supply of similar goods (or payment of the replacement or supply cost to you), or repair of the goods (or the payment of the cost to you of the repair)

2. in the case of a service provider to you, the resupply of services or payment of the cost of having services resupplied.

Subject to the Consumer Guarantees:

1. The IQoala.com.au Web Site is provided "as is, with all defects, and as available" and to the extent permitted by law, without any express or implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or warranties arising from course of dealing or custom of trade;

2. We make no promises or warranty that any of the IQoala.com.au Web Site's content is correct, complete, suitable, reliable, or timely;

3. We also offer no warranty that your access to and use of the IQoala.com.au Web Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components. We have the right to terminate the IQoala.com.au Web Site at any time and without warning.

Use of the IQoala.com.au Web Site

You use the IQoala.com.au Web Site at your own risk, as required by the Consumer Guarantees. You are responsible for taking all reasonable steps to protect yourself against any claim, damage, loss, or hazard that may come as a result of your use of the IQoala.com.au Web Site. We, nor anyone else involved in creating, producing, or delivering the IQoala.com.au Web Site, our e-newsletters, or the materials contained therein, assume any liability or responsibility for the accuracy, completeness, or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, the IQoala.com.au Web Site.

You must not use any automated means to explore or mine data from the IQoala.com.au Web Site, or tamper with or attempt to interfere with the IQoala.com.au Web Site's normal functioning in any way.

You agree not to take any activity that places an excessive load on our system or tampers or interferes with the IQoala.com.au Web Site, our systems or data, or the systems or data of any third party via the IQoala.com.au Web Site in any way.

Disclaimer

We make every effort to deliver useful and accurate information. In order to offer information that is correct at the time of publication, the editors of the content contained in IQoala.com.au reviewed sources deemed to be credible. However, because authors, editors, and publishers of the works contained in the IQoala.com.au Web Site may make errors, neither we nor any other person involved in the preparation of material contained in the IQoala.com.au Web Site or in our e-newsletters represent or warrants that the information contained therein is in every respect accurate or complete, and they assume no responsibility for any errors or omissions to the extent permitted by law.

Consumers should read articles or other material posted on the IQoala.com.au Web site or in e-newsletters carefully. This material is not meant to replace professional advice in any manner. The material of the IQoala.com.au Web Site or our e-newsletters is not meant to be professional advice.

We do not review, determine, or warrant any professional's or facility's qualification and/or licence, competency, solvency, or information listed in our directories.

We trust the professionals or facilities listed in our directories to give correct information, and we take no responsibility for verifying that information. We or any of our agents will not be liable for damages to any user of our directories for the selection of a professional or facility, for the services provided by any professional or facility listed therein, or for any other loss or damage that may occur as a result of their use, to the extent permitted by law. We suggest that you verify any professional or other service provider's qualification and/or license with the relevant licencing Board or authority.

You must satisfy yourself as to the competence, solvency, insurances, and licences of anybody you choose to hire as a result of a connection made through our services, including the postajob / Get Quotes service. We will not be responsible for any losses incurred as a result of using our directory or services.

The IQoala.com.au website may include links to third-party websites. We are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites because they are not within our control. Any product, service, or web site link appearing on the IQoala.com.au Web Site or in our e-newsletters does not indicate our acceptance, approval, or warranty. For any such items, services, or web site connections, we disclaim all liability.

COVID-19 Vaccination Badge

Documentation of vaccination status

For tradies: You must supply IQoala with appropriate documentation of Your COVID-19 vaccination status in order for the "COVID-19 vaccination badge" to be added to Your (tradie) profile on the IQoala.com.au Web Site. You (tradie) guarantee and represent that the information you submit about your vaccination status is true, accurate, and correct at the time you submit it. You undertake to keep track of and update any such information to ensure that it stays true, accurate, and current. IQoala makes no representations or warranties about the accuracy, reliability, or quality of any information you provide about your vaccination status.

You agree, warrant, and represent to IQoala and its users that You will be responsible for any of Your people who attend jobs booked through the IQoala.com.au Web site's vaccination status. IQoala gives no guarantee, promise, accepts, and duty for the accuracy, reliability, or quality of any information relative to the vaccination status of Your employees. and that IQoala will not be held responsible for any consequences resulting from Your failing to guarantee your workers' vaccination status.

For customers: You undertake to check the vaccination status of any tradie who attends your premises to accomplish any job booked via the IQoala.com.au Web Site. You accept that IQoala makes no warranty and is not responsible for any incorrect vaccination status information supplied by a tradie.

Disclaimer

Our Terms & Conditions and Privacy Policy are available on the IQoala.com.au Web Site and should be considered while using it. We make every effort to provide accurate information about tradies vaccination status on the IQoala.com.au Web Site. IQoala has researched sources deemed to be credible in order to offer information about a tradie's vaccination status that is accurate at the time of publishing the COVID-19 vaccination badge, but it cannot guarantee the veracity of the information provided by them.

Any profile, business, or individual tradie on the IQoala.com.au Web Site with the COVID-19 vaccination badge has given Us with validation of their vaccination status for COVID-19 and its variations. IQoala bears no responsibility for any errors or omissions, or for the outcomes achieved from the use of such content, to the degree permitted by law. Consumers should double-check the information provided with other sources, such as requesting proof of vaccination when a tradie comes to your house or company.

IQoala connects tradies with customers who need their services, but it does not oversee the agreements established between tradies and customers, or between tradies and any of their employees, including vaccination status.

The information of any professional listed in our directories is not reviewed, determined, or guaranteed by us. We trust the professionals listed in our directories to give accurate information, and we take no responsibility for verifying that information. We or any of our agents will not be responsible for damages to any user of our directories for the selection of a professional or facility, for the services provided by any professional or facility listed therein, or for any other loss or damage that may occur as a result thereof, to the extent permitted by law.

Facilitator of Payments

To handle payments for transactions between you and tradies who advertise via us, we use Assembly Payments Platform Pty Ltd (Assembly) as a third party service provider for internet based payment services. You agree to be bound by Assembly's Privacy Policy, which can be found at https://assemblypayments.com/company/policies/privacy-policy, and you agree that we and Assembly may communicate any information and payment instructions you provide with one another, as well as, to the extent necessary to complete your transactions, with any third-party service providers. You also agree to the Assembly End User Agreement, available at https://assemblypayments.com/company/policies/end-user-agreement.

Vouchers & Coupons

Customers: Customers may activate and use vouchers or coupons in compliance with these Terms. You (Customer) consent to these Terms by activating, redeeming, or attempting to redeem any Voucher or Coupon.

Tradies: These conditions apply to jobs that you book using the IQoala app or website and for which we pay you a Voucher amount. You (Tradie) agree to be bound by these Terms by accepting a job for which a Voucher applies or by accepting payment for the job.

Terms

IQoala has the right to produce and distribute vouchers and coupons at its sole discretion. Individually or as part of a Coupon, vouchers can be distributed. Coupon and vouchers are not active unless they are activated by the Customer through his or her IQoala account. The Vouchers will be added to the Customer's IQoala account. To redeem any Voucher or activate any Coupon, the Customer must have or create a IQoala account.

Vouchers and Coupons may include discounts on IQoala or third-party providers services or goods, including jobs booked through the IQoala app or website, as specified on the Voucher. Only Vouchers can be used to activate or redeem coupons. Vouchers may be redeemed for any task advertised on IQoala' "Get Quotes" function, which connects customers with up to three tradies. Jobs where customers have directly 'Requested a Quote' or 'Made an Enquiry' with a tradie listed on the IQoala directory, however, are not eligible for coupons.

Conditions:

Only if all of the following requirements are satisfied can vouchers be redeemed:

The Customer's IQoala account has been used to activate the voucher.
The voucher hasn't run out or expired, the job or service is being booked using the IQoala App or Website's "Get Quotes" function,
The IQoala app or website is used to pay for the job or services.
The payment satisfies the Voucher's minimum payment requirement (if applicable),
The cost of the job or services satisfies the minimum amount stated on the voucher (if any),
For the same Job or Services, no other Voucher is being used or has been utilised.
If the Voucher is for a certain Job category, the payment must be for that same Job category.
All additional terms and conditions stated or referenced on the Voucher (if any) have been met.

How to Redeem Vouchers:

Vouchers are automatically redeemed when a Customer uses the IQoala App or Website to book a Job or Services in a relevant Job category (as defined on the Voucher) and pays using the IQoala payment platform before the Voucher expires. It is not possible to redeem vouchers in any other way.
When payment for the Services is provided directly to the tradie or if payment is not made through the IQoala payment platform, a Voucher cannot be redeemed.
Any surplus or unused Voucher amount, unless otherwise stated on the Voucher, will immediately expire after completion of the Job or Services and cannot be used for any other Job or Services.
A Customer will not be paid any surplus or unused amount of a Voucher under any conditions.

Number of redemptions / activations allowed:

Unless the voucher or coupon specifies otherwise:

Per user, each voucher, coupon, or discount code may only be redeemed/activated once.
For the same Job or Service, only one Voucher may be used.
A voucher or coupon for the same job or service cannot be combined with another voucher or coupon for the same job or service.

Cancellation of Vouchers, Coupons and redemptions:

IQoala reserves the right to cancel or refuse to accept any Voucher, Coupon, coupon code, redemption, or activation that it believes or suspects does not comply with these Terms, is counterfeit, has been activated or redeemed more than once by any person, or is involved in a fraudulent or unlawful transaction.
IQoala Cancel any payment or transaction that it suspects of being fraudulent or illegal.
IQoala has the right to cancel or revoke any Vouchers or Coupons that have expired and have not been redeemed at any time and without prior notification to anybody.

You, as a Customer or Tradie, accept and acknowledge that IQoala can not be obligated to reimburse you or any other person as a consequence of any termination, cancellation, or reversal of a payment or transaction under this clause.

Consumer rights and other unaffected legal rights

To the extent that it cannot lawfully be excluded or limited, nothing in these Terms restricts any right or responsibility you (as Customer or Tradie) have under the Australian Consumer Law, including any consumer guarantee or right to refund, or any other right you have under any law.

Vouchers and Coupons must only be used for the reason for which they were created (being the purpose that is set out on the Voucher or Coupon or that is apparent from their terms).
Vouchers and Coupons are non-transferable and non-refundable, and they cannot be sold or exchanged for cash. Without IQoala express written consent, you (whether Customer or Tradie) may not duplicate, transfer, sell, or exchange any Voucher or Coupon. IQoala reserves the right to revoke any Voucher or Coupon that it believes has been duplicated, transferred, sold, or exchanged in violation of this provision in its sole discretion. IQoala will not be responsible for any cancellation of a Voucher or Coupon under this paragraph, subject to the conditions set out in the section above about Cancellation of Vouchers, Coupons, or redemptions.
To redeem a Voucher or Coupon, IQoala does not charge an extra price. Any additional fees you incur in redeeming or activating a Voucher or Coupon are your responsibility, and IQoala assumes no accountability for them (including, but not limited to, internet or telephone charges).
If IQoala reasonably suspects that an account has been hacked or that a person other than the account holder has gained access to or has been using the account, it may suspend the activation, redemption, processing, or access to any Vouchers or Coupons on that account.
IQoala has no responsibility to replace any Vouchers or Coupons that are lost, stolen, damaged, or destroyed.
Vouchers & coupons have a specified expiration date. If individual Vouchers on a Coupon do not have an expiry date, the Voucher or Coupon will expire 6 months after it is given by IQoala.
IQoala reserves the right to verify the validity of any Voucher, Coupon, or compliance with these Terms at any time, and to revoke any Voucher or Coupon that is in violation of, or fails to comply with, these Terms. IQoala will tolerate minor mistakes and omissions at their discretion. IQoala' failure to assert any of its rights at any point does not imply that such rights have been waived.
If these Terms differ from those on any Voucher or Coupon, any terms that:

Vouchers or coupons should be limited in scope or amount;
We limit our liability under or in connection with the Coupon or Voucher;
Vouchers and Coupons may only be redeemed or activated in limited ways (such as with additional conditions);
The expiry date of the voucher or coupon can be shortened, or additional ways to cancel the voucher or coupon can be provided;
In case of inconsistency, additional requirements for identification, security or fraud prevention will prevail.

Disclaimer

As a Customer or Tradie, you agree and acknowledge that:

As a general rule, the Services (including Jobs) are provided by Tradies, or other third-party providers, who are independent contractors and are not employees or agents of IQoala;
Tradie and the Customer are responsible for all agreements regarding the Services (including Jobs);
Customers and Tradies or other third parties who provide those Services may also agree on terms and conditions for those services;
You are required to agree to IQoala' terms and conditions before using its website and/or app to redeem any vouchers, or use any coupons, or book (or, for Tradies, accept any booking) any Job or Services ("IQoala terms and conditions"), including the disclaimers, limitations of liability, and indemnities;
According to the Australian Consumer Law and the Consumer Guarantees, IQoala has no obligation to provide the Services, and makes no representations or warranties, and accepts no liability whatsoever in respect of the Services or any Job (except to the extent that cannot be excluded under any consumer law or other law, which shall remain in full force and effect).

Privacy

For the purpose of activating, honouring and verifying Coupons and Vouchers, IQoala collects personal information, including but not limited to agents, contractors, service providers, suppliers, and, as necessary, to Australian regulatory authorities. Vouchers and Coupons are valid only if you provide the required personal information. In addition, IQoala will handle your information according to its privacy policy (Privacy Policy), which can be accessed at https://IQoala.com.au/privacy. IQoala may also use your personal information for promotional, marketing, publicity, research, and profiling purposes, including sending you electronic messages or by phone, for an indefinite period. In accordance with the Privacy Policy, you should direct any request for access to, updating, or correcting your personal information to IQoala and any complaints regarding the treatment of your personal information to IQoala.

Tradies' additional terms

In addition to the terms above, the following terms apply to Tradies.
These Terms and Conditions apply in addition to the IQoala Pty Ltd Terms & Conditions between the Tradie and IQoala.
The Tradie will receive the applicable amount as outlined at clause 4 above when a Voucher is redeemed in accordance with these Terms. The Tradie cannot request payment for the same amount from the Customer under any circumstances.
The amount of the Voucher will not affect the lead charges and/or other charges associated with the Job, Services or Quotation. Any amounts owed or payable by the Tradie to IQoala may be deducted from, or set off against, any Voucher payment.
In the event that a Job or Service is cancelled or refunded, or must be cancelled or refunded, for any reason, IQoala will not have an obligation to pay to the Tradie, and the Tradie must refund to IQoala any Voucher payment made for that Job or Service. For a particular payment, Job, or Services, IQoala may waive the requirement in its sole discretion, but only if in writing and signed by the company.
IQoala, and its officers, employees, agents and representatives agree to indemnify the Tradie for any loss, damage, claim, liability or demand arising out of the Tradie's performance of any Job or Acceptance of any Service, or any breach of these Terms by the Tradie, unless such loss, damage, claim, liability or demand stems from IQoala gross negligence or wilful default.

Registration

To submit information to IQoala.com.au, you must register and obtain a service account. For more information about registering, please go to "Register Now". One of our sales representatives will contact you after you have registered to confirm your registration details. After completing the activation process, you will receive a password via email and will be given access to your service account.

Keep your password confidential and do not disclose it to anyone else. Please do not send us your password or other sensitive information via email, or enter it on a site that does not begin with IQoala.com.au. Immediately change your password and contact us if you suspect that your service account has been accessed by an unauthorised party. Anyone who obtains access to your account directly or indirectly through you is responsible for all unauthorised use of your account.

After closing your service account, you remain responsible for any obligations related to it.

Your service account will continue to be subject to the sections heading Copyright and Trademarks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights, and the first paragraph under User Submissions in these Terms and Conditions.

Designated Copyright Representative

A safe harbor scheme established by the Copyright Regulations 1969 (Cth) limits the remedies available against carriage service providers for copyright infringement relating to certain online activities. As a carriage service provider we are required to designate a representative to receive notifications and notices under that scheme for all our activities:

Email: accounts@IQoala.com.au

Indemnification

From and against all losses, expenses, damages and costs, including reasonable solicitor's fees, you agree to indemnify, defend, and hold us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors, and suppliers from and against any violation of these Terms and Conditions or any activity related to your service account by you or any other person accessing the IQoala.com.au Web Site using your service account. We are not covered by this indemnity if we acted negligently or wilfully committed misconduct.

Release, Waiver, and Limitation of Liability

In respect of the Consumer Guarantees and to the extent permitted by law, you agree that we, or any of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers, will not be liable to you under any theory of liability or indemnity as a result of your use of IQoala.com.au. We are limited to the maximum extent permissible by law to compensate for any claim that arises from the breach of any implied term or condition (including the Consumer Guarantees), i.e. the resupply of the relevant services, or the payment of the cost of having the relevant services resupplied, if there are any.

As a result of the foregoing paragraph, we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, to the extent permitted by law, will not be liable for any loss or damage resulting from the IQoala.com.au Web Site in excess of the greater of the fee you paid for the particular information or service or AUD$200. If such limitation is not permitted by law, in no event will we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referenced above. Any other loss or damage resulting from the use of the IQoala.com.au Web Site, whether direct or indirect, special, incidental, consequential or punitive, will not be refunded, even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers were advised of the possibility of such damages.

With the exception of the Consumer Guarantee, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility for any losses or damages that you may incur as a result of any interruption or failure of the IQoala.com.au Web Site. You are responsible for any loss resulting from your access to or inability to access the IQoala.com.au Web Site or its information, except to the extent that we have acted negligently or willfully.

Third Party Rights

We and our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers benefit from the provisions of Indemnification, Waiver, Release and Limitation of Liability. As a result, each of these individuals or entities has the right to assert and enforce those provisions against you directly.

Miscellaneous

The editorial content and presentation of IQoala.com.au Web Site and/or its e-newsletter are unaffected by advertisements and sponsorship.

Without our prior written consent, you may not assign or transfer any of your rights or obligations under these Terms and Conditions.

The relationship we have with you under these Terms and Conditions is one of independent contractors, and not one of partnership, joint venture, or principal and agent.

All legal notices and communications regarding your service account will be sent to your nominated e-mail address. Please ensure that a valid e-mail address is recorded at all times. We can be contacted primarily through the "Contact Us" feature on the IQoala.com.au Web Site. All formal notices or communications should be sent by post to our address listed at the beginning of these Terms and Conditions. If you receive a notice by email or facsimile, it is considered received by you 24 hours after it was sent, regardless of whether you have actually read it. In the case of mail, notices will be deemed to have been received 3 days after being mailed (7 days if sent outside of Australia).

These Terms and Conditions will be construed, to the extent possible, to make them enforceable if any of their clauses or provisions are determined to be unlawful, invalid, unenforceable, or can be terminated by any party in any jurisdiction in which they are to operate. If this clause or provision cannot be saved by a feasible interpretation, it will be severed from the remaining provisions of these Terms and Conditions without affecting their enforceability.

New South Wales, Australia, governs these Terms and Conditions.