Terms & Condition

1. Contractual Relationship

• 1.1 These Terms of Use (Terms) govern the access and use by you of the Application.
• 1.2 The Application and associated services enable you to, amongst other things, share personal information, in forms including but not limited to, images, videos, and messages for Recipients.
• 1.3 The Application is owned and operated by Pitotech Pty Ltd (ACN 678 254 432) (Company).
• 1.4 Please read these Terms carefully before accessing or using the Application and the Services.
• 1.5 When you use the Application, you establish a contractual relationship between you and the Company and agree to be bound by these Terms.
• 1.6 You are responsible for complying with these Terms, whether or not you own the Device.
• 1.7 If you do not agree to these Terms, you must not access or use the Application or the Services.
• 1.8 The Company will notify you of any change to any fees payable by you under these Terms in accordance with clause 18.
• 1.9 Your continued use of the Application or the Services constitutes your consent to be bound by these Terms.
• 1.10 For the avoidance of doubt, the Company makes no contract with, nor does it have any relationship of any kind with any Recipient.
• 1.11 Any supplementary or amended Terms will be considered to be part of these Terms.
• 1.12 In the event of a conflict, the most recent supplementary or amended Terms will prevail over other versions of these Terms.

2. Licence

• 2.1 Subject to your compliance with these Terms, the Company grants you a Licence to access and use the Application for the sole purpose of providing Content for Recipients.
• 2.2 The licence provided in clause 2.1 is limited to your personal, non-commercial use of the Application and the Content.
• 2.3 Any rights not expressly granted herein are reserved by the Company.
• 2.4 The Application and all rights therein are and remain the Company’s property.
• 2.5 Neither these Terms nor your use of the Application or the Services convey or grant to you any rights:
  • 2.5.1 in or related to the Application, the Services or the Company’s Intellectual Property, except for the limited licence granted above; or
  • 2.5.2 to use or reference in any manner the Company’s Intellectual Property.
• 2.6 You must not customise, modify, alter or adapt the Application without prior written consent of the Company.
• 2.7 The Company retains exclusive rights to customise, modify, alter or adapt the Application.

3. Your Account

Registration

• 3.1 To use the Services, you must:
  • 3.1.1 agree to these Terms;
  • 3.1.2 be using a Device owned by you or used with the owner’s consent;
  • 3.1.3 be able to access the internet on the Device;
  • 3.1.4 download the Application; and
  • 3.1.5 create an Account.
• 3.2 To create an Account, you must provide complete and correct Account Information, including Personal Information, such as:
  • 3.2.1 confirmation that you are over the age of 18 years;
  • 3.2.2 your name, address, e-mail address and contact telephone number;
  • 3.2.3 your nominated Account Manager’s name, address, email address and contact telephone number;
  • 3.2.4 the name, address, email address and contact telephone number for any nominated Recipients;
  • 3.2.5 details of a credit card that will be charged at the time the Account is created; and
  • 3.2.6 a password for your Account.
• 3.3 You must keep your Account Information accurate, complete, and up to date.
• 3.4 The Company may refuse to create an Account, if the Company becomes aware that the Account Information or Content you provide:
  • 3.4.1 is false, defamatory, harassing or obscene;
  • 3.4.2 may involve the contravention of any person's rights (including Intellectual Property Rights);
  • 3.4.3 may offend any Applicable Laws;
  • 3.4.4 may otherwise be regarded by the Company, on reasonable grounds, to be unacceptable; or
  • 3.4.5 involves any criminal act or fraudulent activity.
• 3.5 If you fail to provide complete and correct Account Information or keep your Account Information up to date, the Company may deny you access to the Services or terminate your Account.
• 3.6 You may only register for one Account.

Account Manager

• 3.7 It is the Account Manager’s responsibility to notify the Company of your death. This must be done by way of email notification from the Account Manager only, to support@Seeya.me If the Account Manager does not notify the Company of your death, the Content will not be released to the Account Manager or the recipients.
• 3.8 You agree that, on your death, should the Content become the subject of any litigation, or potential litigation, the Account Manager will be solely responsible for accessing your Account and controlling the Account and the Content.
• 3.9 The Company is not responsible for providing any information or assisting any person with accessing your Account or Content, unless required to by law.
• 3.10 You must provide a copy of these Terms to the Account Manager and ensure that the Account Manager is aware of its obligations and responsibilities under these Terms.
• 3.11 The Company recommends that the executor of your Will is appointed as the Account Manager.
• 3.12 You must require the Account Manager to notify the Company of your death and provide the Company with a notarised copy of your death certificate and notarised copy of your medical certificate cause of death, or if a medical certificate evidencing cause of death has not been issued or cannot be provided, then the Account Manager must procure an incomplete death registration certificate so that the Company is able to release the Content to the Recipient.
• 3.13 The Account Manager will be required to provide 100 points of identification upon notification to the Company in the event of your death. The company cannot access your information unless you supply your login password. It is your decision to supply this password to your account manager, to this affect. No access will be granted to your information after your death, unless the account manager can provide this password.

Capacity

• 3.14 You represent and warrant that you have and legal capacity to agree to these Terms.
• 3.15 The Company has the right to suspend your Account and remove the Content should the Company become aware that you do not have legal capacity to enter into these Terms.

Security

• 3.16 You are responsible for:
  • 3.16.1 all activity on your Account; and
  • 3.16.2 maintaining password security of your Account.
• 3.17 The Company has in place security protocols for the Application which are industry standard. This will not prevent you from giving a third-party access to your personal information, and the Company accepts no liability arising from your actions in doing so.
• 3.18 You must not:
  • 3.18.1 allow other persons to use your Account; or
  • 3.18.2 share your password with anyone, except your account manager. At your risk.
• 3.19 You accept that you may be requested to provide proof of identity to use the Services and that if you are unable to provide such proof, the use of the Services may be denied to you.

4. Assignment

• 4.1 The Company must give Notice to you of its intention to assign or transfer its rights and obligations under these Terms, in whole or in part.
• 4.2 You must not assign or transfer your rights or obligations under these Terms to any other person or entity.

5. Use of the Application

• 5.1 When uploading Content to the Application it is your responsibility to provide all information that may be requested by the Application to enable it to provide you with the Services.
• 5.2 You agree that you will not use the Application in any manner which is unlawful or contrary to these Terms.

6. Content

• 6.1 The Application allows you to upload Content and materials including, but not limited to:
  • 6.1.1 Photographs;
  • 6.1.2 Images;
  • 6.1.3 Videos; and
  • 6.1.4 Notes and messages.
• 6.2 The Company make no representations or warranties regarding the nature, accuracy or completeness of any such Content.

Release of Content

• 6.3 The Company will release the Content exclusively to the Account Manager who is solely responsible for distribution of the Content to the Recipient.
• 6.4 The Company will release the Content exclusively to the Account Manager who is solely responsible for distribution of the Content to the Recipient.

7. Fees

• 7.1 All fees associated with the Application (Fees) are outlined in Schedule 1.
• 7.2 The Fees are subject to change at the discretion of the Company.
• 7.3 The Company will provide Notice of any changes to the Fees, in accordance with clause 13.
• 7.4 Payment of the Fees are due as specified in Schedule 1.

Payments

• 7.5 All payments made through the Application are processed and disbursed by the Company’s third party payment providers, Apple App Store (in the case of Users with iOS Devices) and Google Play Store (in the case of Users with Android Devices). The third-party payment providers’ terms and conditions are contained at the respective websites: https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en-us_us/about/play-terms/index.html and which you agree to be bound by and which you agree that any breach of will be deemed to be a breach of these Terms.
  • 7.5.1 All payments to the Company are to be made by way of credit card.
  • 7.5.2 All payments must be made in Australian dollars.
  • 7.5.3 Payment failure may result in the suspension or termination of your Account.
  • 7.5.4 In the event that you wish to dispute a charge that has been processed against you, you must notify the Company as soon as possible.

Refunds

• 7.6 To the fullest extent permitted by law, the Company will not issue any refunds whatsoever, other than at its sole discretion.
• 7.7 Notwithstanding clause 7.2, nothing in this clause is intended to affect your rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth).

8. Intellectual Property

• 8.1 The Company has no Intellectual Property Rights in the Content.
• 8.2 You agree that any modifications to the Company’s Intellectual Property or new Intellectual Property Rights created and exploited by the Company in response to, or in reliance upon, or otherwise based upon, suggestions, requests, recommendations or other feedback the Company receives from you in connection with the Application will be owned solely by the Company.

9. Disclaimers and liability

• 9.1 TYou may have certain rights under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth) including consumer guarantees that the Services the Company provides to you will be of acceptable quality, fit for the purpose disclosed, and carried out by the Company with due care and skill. These Terms do not exclude or limit these guarantees or any other statutory rights that you may have under applicable laws.
• 9.2 You acknowledge and agree that, to the extent permitted by law, the Company does not represent, warrant or accept any Liability in relation to:
  • 9.2.1 the standard, quality or fitness for purpose of the Services;
  • 9.2.1 the accuracy, currency, reliability, security, safety or quality of the Application or the Services;
  • 9.2.3 any errors, omissions or faults in the Application or the Services including any failure of performance, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to your Account or Account Information;
  • 9.2.4 the unavailability of the Application or the Services in whole or in part because of the failure of the internet and electronic communications network or any circumstance beyond the reasonable control of the Company; or
  • 9.2.5 any data or information you submit or upload to the Application in order to access any part of the Services.
• 9.3 The Company does not warrant or guarantee that the Application will be free from viruses or any other defects or errors which may affect your Device and associated operating systems.
• 9.4 You acknowledge that:
  • 9.4.1 it is your responsibility to ensure that Services and functions of the Application meet your requirements; and
  • 9.4.2 it is your responsibility to protect your Device(s) from damage.
• 9.5 The Company does not accept responsibility for, and you release and hold the Company harmless from, any and all Claims and Liabilities you or the Company may suffer or incur arising out of, from or in connection with using the Application.
• 9.6 To the maximum extent permitted by law, the Company disclaims any warranties, representations or endorsements, express or implied, with regard to the Application or the Services, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement of any laws.
• 9.7 To the maximum extent permitted by law, the Company is not liable to you or any other third party for any Claim in connection with your use of the Application or the Services.
• 9.8 Nothing in these Terms limits or excludes the Company's liability for any Liability which may not be limited or excluded under any Applicable Law.

10. Indemnity

Company Indemnification

• 10.1 Any Claim and liabilities pursuant to this clause and arising prior to your death, are the subject of an indemnity by you. Any Claim and liabilities pursuant to this clause arising after your death, are the subject of an indemnity by Your Estate.
• 10.2 You indemnify and hold the Company and its officers, directors, employees and agents harmless from any and all Claims and Liabilities suffered or incurred by the Company arising out of or in connection with:
  • 10.2.1 any unlawful act or negligent act or omission by you in connection with the use of the Application or the Services;
  • 10.2.2 your breach of an Applicable Law in connection with the use of the Application or the Services;
  • 10.2.3 your breach of any of these Terms;
  • 10.2.4 the Company’s use of your Account Information; or
  • 10.2.5 your breach of the rights of any third party.
• 10.3 You will not be liable under clause 10.1 to the extent that the Claim or Liability was caused by the Company’s negligent acts or omissions or wilful misconduct.

User Indemnification

• 10.4 The Company indemnifies and holds you harmless from any and all Claims and Liabilities suffered or incurred by you arising out of or in connection with:
  • 10.4.1 any unlawful act or negligent act or omission by the Company in connection with the use of the Application or the Services;
  • 10.4.2 the Company’s breach of an Applicable Law in connection with the use of the Application or the Services; and
  • 10.4.3 the Company’s breach of any of these Terms.
• 10.5 The Company will not be liable under clause 10.4 to the extent that the Claim or Liability was caused by your negligent act or omission or wilful misconduct.

11. Testamentary Issues

• 11.1 Aside from your obligations under clause 3, you expressly acknowledge and agree that the Content is not intended to serve as a Will, replace an existing Will, serve as extrinsic evidence of your testamentary intentions, serve as an alteration to a Will, or assist in how your Will is to be construed.
• 11.2 The Application is not to be used as a means for creating an informal will, within the meaning of section 32 of the Wills Act 1970 (WA) or otherwise.

12. Privacy

• 12.1 You acknowledge that the Company collects and uses information which you provide to the Company through your use of the Application, some of which will be considered sensitive information.
• 12.2 By using the Application, you consent to the Company collecting and using your Personal Information for the purpose of providing the Services under the Application (the Purpose). In order to carry out this Purpose, the Company will disclose your Personal Information to:
  • 12.2.1 Account Managers;
  • 12.2.2 Recipients;
  • 12.2.3 the Company’s third-party service providers, Google and Apple;
  • 12.2.4 other third parties to the extent such disclosure is necessary for providing the Services under the Application; and
  • 12.2.5 other parties to whom the Company is authorised or required by law to disclose information.
• 12.3 By using the Application, you further consent to the Company collecting and using technical information about the Device.
• 12.4 You agree to allow the Company or its affiliates to contact you by way of text, e-mail or other forms of communication as part of the normal operation of your use of the Application.
• 12.5 The privacy of your Personal Information is important to the Company and the Company will ensure that it is held, used and disclosed consistently with the Company’s Privacy Policy which can be accessed at www.Seeya.me and the Privacy Act 1988 (Cth).
• 12.6 The Privacy Policy contains further information about how the Company may handle your Personal Information, including:
  • 12.6.1 how you can access and correct Personal Information the Company holds about you; and
  • 12.6.2 how you can submit a privacy complaint to the Company and how the Company will deal with your complaint.
• 12.7 If you have any concerns or complaints about the manner in which your Personal Information has been collected or handled by the Company, please contact the Company via email at support@seeya.me

13. Variation

• 13.1 The Company may on the giving of Notice advise you of any variation to:
  • 13.1.1 the nature, scope or availability of the Services;
  • 13.1.2 the Fees payable by you; and
  • 13.1.3 these Terms,
    (Proposed Variations).
• 13.2 Within fourteen (14) days of the giving of receipt of the Notice given under clause 13.1 above:
  • 13.2.1 you may provide Notice of your acceptance or rejection of the Proposed Variations; otherwise
  • 13.2.2 failing the Company’s receipt of the Notice given under clause 13.2.1 above within the fourteen (14 days), you will be taken to have consented to the Proposed Variations.
• 13.3 Any Proposed Variations that are:
  • 13.3.1 accepted under clause 13.2.1 will be effective from the date on which Notice of such acceptance is given in accordance with clause 18.2; or
  • 13.3.2 consented to under clause 13.2.2 will be effective from the Business Day after the lapse of the fourteen (14) days.
• 13.4 You agree not to unreasonably decline (or unreasonably delay in accepting) the Proposed Variations.
• 13.5 The Company agrees not to seek to impose any unreasonable terms and conditions in relation to any Proposed Variations, including without limitation unreasonable time-frames and/or Fees.
• 13.6 If you believe the Proposed Variations will prejudice your rights then your only remedy is to cease using the Application.

14. Cessation of Business by Company

• 14.1 If the Company:
  • 14.1.1 ceases to do business;
  • 14.1.2 no longer operates the Application;
  • 14.1.3 changes its business; or
  • 14.1.4 is critically affected by a Force Majeure Event,
• and the Company forms the view that the integrity of the Content or the ability to release the Content as required under these Terms is partly or fully impaired, then the Company will use its best endeavors to notify you and assist you to recover or dispose of the Content.

15. Termination

Termination by You

• 15.1 You may delete your Account at any time.
• 15.2 Deletion of your Account must be made by way of the cancellation process contained on the Application.
• 15.3 Deletion of your Account does not relieve you from any Liabilities you have incurred by using the Application or Services. You acknowledge that clause 10.1 of these Terms survives any termination or deletion of your Account.

Termination by the Company

• 15.4 The Company may on the giving of Notice suspend or terminate your access to the Application, the Services or your Account for any reason on the provision of seven (7) days’ notice.
• 15.5 The Notice pursuant to clause 15.6 must set out the reason by which the Company is suspending or terminating your access to the Application, the Services or your Account.
• 15.6 You may dispute the Notice referred to in clause 15.6 within seven (7) days from the date of the Notice in accordance with clause 13.
• 15.7 If the dispute contemplated at clause 15.8 cannot be resolved between you and the Company, clause 17 will apply.
• 15.8 The Company may suspend or terminate your access to the Application, the Services or your Account if the Company becomes aware that the Content or Account Information:
  • 15.8.1 is false, defamatory, harassing or obscene;
  • 15.8.2 may involve the contravention of any person's rights;
  • 15.8.3 may offend any Applicable Laws;
  • 15.8.4 may otherwise be regarded by the Company, on reasonable grounds, to be unacceptable; or
  • 15.8.5 involves any criminal act, including fraudulent activity.
• 15.9 If you fail to provide complete and correct Account Information or keep your Account Information up to date, the Company may deny you access to the Services or terminate your Account. The Company may suspend or terminate your access to the Application, the Services or your Account if it is unable to provide access to the Application.
• 15.10 Termination by the Company does not affect the rights, liabilities and remedies of the Company or you which have accrued up to the date of termination.

16. Force Majeure

• 16.1 Neither Party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by a Force Majeure Event.

17. Dispute Resolution

• 17.1 A Party claiming that a dispute, controversy or claim (Dispute) has arisen must notify the other party in writing giving details of the Dispute (Notice).
• 17.2 The Parties must negotiate in good faith to settle, as soon as possible, any Dispute after Notice has been given.
• 17.3 If the Parties are unable to resolve the Dispute within 20 days of the Notice referred to in clause 18, the parties must appoint a mediator or refer the Dispute to a mediator nominated by the chairperson of the Resolution Institute (ACN 008 651 232) or the chairperson’s nominee.
• 17.4 Unless the Parties otherwise agree, any mediation will take place in Perth, Western Australia in accordance with any mediation rules or guidelines of the Resolution Institute’s Mediation Rules then in force.
• 17.5 The Parties will share equally the mediator’s fees and disbursements and all other costs of the mediations. Otherwise, each party will meet its own costs of and in connection with the mediation.
• 17.6 Nothing in this clause prevents a Party from seeking urgent injunctive relief or similar interim relief from a court.
• 17.7 This clause will remain operative after termination or expiry of these Terms.
• 17.8 Each Party must bear its own costs of complying with this clause 17.

18. Notices

• 18.1 The Company may give you Notice of a matter in connection with these Terms by text message, email or by other forms of communication to the addresses specified in your Account Information.
• 18.2 You may give Notice to the Company of a matter in connection with these Terms by email to support@seeya.me Notice shall be deemed served:
  • 18.2.1 if posted, on the second Business Day after posting;
  • 18.2.2 if personally served, at the time such actual service is made on the Party on which the Notice is served;
  • 18.2.3 if transmitted within the Application:
    • (a) by message, on receipt of the whole of the Notice in the notification “in-box” of the Party being served; or
    • (b) by notification pop-up, on receipt of the whole of the Notice in the notification “in-box” of the Party being served;
  • 18.2.4 if transmitted by electronic mail message, on receipt of the whole of the Notice in the "in-box" of the Party being served; or
  • 18.2.5 if transmitted by text message, on receipt of the whole of the Notice in the “in-box” of the Party being served,
• on the day of transmission if before 5:00 pm on a Business Day, otherwise on the next Business Day.

19. General

Governing Law

• 19.1 These Terms are governed by and construed in accordance with the laws of Western Australia and the Parties submit themselves to the non-exclusive jurisdiction of the Courts of that State.

Applicable Law

• 19.1 These Terms shall be read and construed according to the laws of the State of Western Australia and the Parties submit to the jurisdiction of the courts of that state.

Governing Language

• 19.2 These Terms are drafted in English and shall be the governing language for all purposes of these Terms.

Amendments

• 19.3 These Terms may not be varied except in writing signed by the Parties.

Survival

• 19.4 The obligations of indemnification, and any other obligations that by their nature are intended to survive termination shall survive the termination of these Terms.

Waiver

• 19.5 No failure, delay or omission by the Company in exercising any of its rights, powers or remedies provided under these Terms or by law will operate as a waiver of that right, power or remedy, nor will it preclude or restrict any future exercise of that or any other right or remedy.

Severability

• 19.6 If any part of these Terms is or becomes illegal, void or unenforceable, this does not invalidate the rest of these Terms.

Further Action

• 19.7 Without limitation, each Party must do, at its own expense, everything reasonably necessary to give full effect to these Terms and any transaction contemplated by it.

Entire Agreement

• 19.8 These Terms embody all the terms binding between the Parties and replace all previous representations or proposals not embodied therein.

20. Definitions and Interpretation

Definitions

Interpretation

• 20.1 In this document:
  • Access means the type of access you have to the Application, as set out in Schedule 1.
  • Ads means promotional content that appears within the Application, including but not limited to banners, pop-ups, or sponsored messages, which may be displayed to you during your interaction with the Application. These advertisements are intended to inform you about products, services, or offers from the Company or third parties, as set out in Schedule 1.
  • Account means the account a User of the Application is required to open with the Company before accessing or using the Application and the Services.
  • Account Information means information required to be provided by a User of the Application in order to create and maintain an Account.
  • Account Manager means the natural person, who is at least 18 years of age, who you nominate to access and administer your Account and the Content in the event of your death.
  • Applicable Laws means all laws, regulations, codes or applicable rules (whether statutory or at common law) relating to your use of the Application.
  • Application means the software application known as ‘Seeya’ downloaded to a Device or any other application used to access the Services.
  • Business Day means any day, except a Saturday or Sunday, when banks are open for business in the Perth central business district.
  • Claim means any damage, loss (including Indirect Loss), cost, expense or liability incurred by a person (including personal injury, sickness, death, property loss or damage), or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or unascertained, actual or contingent.
  • Content means any content uploaded to the Application by you.
  • Device means the device or operating system you use to access the Application.
  • Dispute means any disagreement or difference arising between you and the Company out of or in relation to these Terms.
  • Duration means the duration by which the Company will retain the Content in its database, as set out in Schedule 1.
  • Force Majeure Event means any event beyond the reasonable control of the affected Party, including but not limited to natural disasters, war, acts of terrorism, pandemics, and government actions, but not including the Covid-19 pandemic or wars currently ongoing in Palestine and Ukraine.
  • Indirect Loss means any loss of revenue, loss of profit or anticipated profit, loss of business reputation, loss of opportunities, loss of anticipated savings or wasted overheads and any other economic loss or indirect loss, whether or not in the reasonable contemplation of the Parties at the time of the downloading of the Application.
  • Intellectual Property or Intellectual Property Rights means all present and future rights conferred by law in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, confidential information, and trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered, or patentable including all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights.
  • Liabilities means all liabilities, losses, damages, outgoings, costs, and expenses of whatever description.
  • Licence means an Australian-wide, non-exclusive, revocable, non-transferable, and non-assignable licence, for the Term granted from the Company to you pursuant to these Terms.
  • Notice has the meaning given in clause 18 and includes request, direction, consent, notification or other communication.
  • Party means a party to these Terms and Parties has the corresponding meaning.
  • Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).
  • Recipient means the sufficiently named and identified person/s to whom you have directed the Content and to whom you wish to receive the Content via the Account Manager.
  • Services means the services, information, and resources provided via the Application including the functionality to provide Content on the Application.
  • Term means the duration of your agreement as specified.
  • User means the user of the Application who is a natural person.
  • Will has the same meaning as in the Wills Act 1970 (WA).
  • You means you in your capacity as the User of the Application.
  • Your Estate means the trustee of your estate, in the event of your death.
  • 20.2 In these Terms, unless the context otherwise requires:
    • 20.2.1 The singular includes the plural and vice versa.
    • 20.2.2 A reference to a clause is to a clause of these Terms.
    • 20.2.3 A reference to any Party or any other document or arrangement includes that Party’s executors, administrators, substitutes, successors, and permitted assigns.
    • 20.2.4 No provision of these Terms will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of these Terms or that provision.
    • 20.2.5 A reference to any law or legislation or legislative provision includes any statutory modification, amendment, or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.
    • 20.2.6 An expression importing a natural person includes any company, trust, partnership, joint venture, association, corporation, body corporate, or governmental agency.
    • 20.2.7 Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
    • 20.2.8 All references to currency are references to Australian dollars.

Schedule 1

Duration	Fees	Access	Ads
	Free	Limited: a maximum of three (3) video recordings for a maximum duration of two (2) minutes per video.	With ads
3 months	$7.99 including GST	Unlimited video recording, in two-minute segments.	Without ads
6 months	$13.99 including GST	Unlimited video recording, in two-minute segments.	Without ads
12 months	$24.99 including GST	Unlimited video recording, in two-minute segments.	Without ads