Definitions and Interpretation

Version 1.3 May 2023

1.              Definitions

The following definitions apply to these Terms and Conditions and Agreement.

ACNC
Australian Charities and Not-for-profits Commission.

ATO
Australian Taxation Office.

Business Day
A day which is not a Saturday, Sunday, or a public holiday in New South Wales, Australia.

Charity
Any organisation for the time being recognised by the ATO or ACNC as a charity under applicable law.

GST Act
A New Tax System (Goods and Services Tax) Act 1999 (Cth)

Intellectual Property / IP
All rights throughout the world in patents, trademarks (whether registered or not and including without limitation any rights in get up or trade dress), brand names, and service marks, designs, trade or business names, copyrights (including without limitation future copyright and rights in the nature of or analogous to copyright), database, trade secrets, domain names, inventions, designs, and any other intellectual property rights arising by operation of law, contract, licence or otherwise, whether or not now existing and whether or not registered or registerable and includes any right to apply for the registration of such rights and includes all renewals, revivals and extensions and any other rights or a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, including all renewals, extensions and revivals or, and all rights to apply for, any of the foregoing rights.

Personal Information
has the meaning given in the Privacy Act 1988 (Cth)

Related Body Corporate
has the meaning set out in s.50A of the Corporations Act 2001 (Cth)

2.              The following rules of interpretation apply to these Terms and Conditions and Agreement.

2.1.         Unless the context otherwise requires, a reference to:

  1. the singular includes the plural and vice versa;
  2. a gender includes all genders;
  3. a document (including this Agreement) is a reference to that document (including any Schedules and Annexures) as amended, consolidated, supplemented, novated or replaced;
  4. a party means a party to this Agreement;
  5. an item, Recital, clause, Schedule or Annexure is to an item, Recital, clause, Schedule or Annexure of or to the Agreement;
  6. a person (including a party) includes an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government Agency and the person’s successors, permitted assigns, substitutes, executors and administrators;
  7. a law includes any legislation, judgement, rule of common law or rule of applicable stock exchange, and is a reference to that law as amended, consolidated, supplemented or replaced and includes a reference to any regulation, by-law or other subordinate legislation;
  8. proceedings include litigation, arbitration and investigation;
  9. time is to Sydney time;
  10. day is to a day in Sydney;
  11. the words “including” or “includes” means “including, but not limited to”, or “includes, without limitation” respectively;
  12. headings are for convenience only and do not affect interpretation of the Agreement; and
  13. if a period must be calculated from, after or before a day or the day of an act or event, it must be calculated excluding that day.