TERMS OF USE

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LOTMIX.COM.AU TERMS OF USE

  1. Capitalised words such as “Site”, “Customer” and “Sales Person” are defined in clause 14 (Definitions).
  2. Landconnect operates the Site, which is a website and online platform comprised of:
    1. general features which are accessible to the general public, such as a blog, articles, information, estate locator tools and other tools which Landconnect may make available from time to time (“General Features”);
    2. a listing function which enables registered Individual Vendors to advertise an individual Listing to the general public using the Site (“Individual Listing Feature”); and
    3. a platform connecting registered Sales Persons or new home builders and land developers, to registered Customers, for the purposes of sharing Listing information (“Sales Portal Feature”).
  3. By using the Site, the terms outlined in this document (“Terms”) are a legally binding contract which you accept and enter into with Landconnect by using the Site, including by accessing, browsing, sharing information on, uploading Content to or accessing or downloading Content from the Site.
  4. Any person using the Site, whether as a member of the general public, an Individual Vendor, a Sales Person or Customer, is bound by these terms to the extent applicable. You must comply with all of these Terms in your use of the Site. These Terms apply to all users of the Site, whether registered or unregistered, unless they specifically state otherwise.

VARIATION TO TERMS

  1. Landconnect reserves the right to review and change any of these Terms at its sole discretion and will provide reasonable notice to you of any such change via email, an RSS feed and/or by posting a change notice on the Site for a reasonable period of time using the contact details you have supplied. Any changes to the Terms take immediate effect from the date of their publication.
  2. If you find any of the Terms or any changes to the Terms unacceptable, you must immediately cease using the Site and you may close your account by emailing support@lotmix.com.au. By continuing to use the Site, you agree to the current Terms or to the relevant changes to the Terms, as applicable

ALL USERS AND VISITORS: CONTENT

  1. This clause 3 applies to you (and all users of the Site), regardless of whether you are an Account Holder.
  2. The Site is an information sharing platform. In respect of Content, Landconnect is a publisher only, and:
    1. is not responsible for;
    2. does not endorse; and
    3. does not make any representations or warranties as to the accuracy, reliability or completeness,
    of any Content, errors or omissions in Content, or any views, opinions, advice or other communication in Content posted on or to the Site.
  3. All Landconnect Content is:
    1. provided in good faith;
    2. is of a general nature only and is not intended as advice;
    3. provided for general reference and convenience only; and
    4. derived from sources we believe to be reliable and accurate as at the date of publication,
      5. but we do not warrant that it is complete, accurate or suitable for your purposes. Where Landconnect Content contains an opinion or recommendation:
    5. that opinion or recommendation is Landconnect’s only and has not been endorsed by any developer, builder or any other person; and
    6. Landconnect in no way represents any developer, builder or any other person and is not affiliated with any such person unless otherwise stated.
  4. You must make your own enquiries, obtain your own independent advice and conduct your own due diligence on any Content or material you obtain from the Site or any information we make available to you, before relying on or using that information.
  5. If you have concerns about any Content, Landconnect Connect or communication on Landconnect which you believe to be in breach of these Terms or any person’s rights, or incorrect, or if you have questions about your use of the Site, you may contact Landconnect (support@lotmix.com.au).
  6. Landconnect is not required to become involved in, mediate or settle any disputes between Account Holders or remove or moderate any Content. However Landconnect reserves the right to remove or amend any Content, or cancel or suspect any account, in the event that considers such action reasonably necessary or convenient to preserve the security or integrity of the Site, or if it discovers or reasonably suspects Content or Account Holder details to be untrue, inaccurate, incomplete, not up to date, offensive, discriminatory or inappropriate, or in breach of any law, regulation, rule, code or other legal obligation or requirement, these Terms or any person’s rights.
  7. You must:
    1. not take any action that is likely to impose upon the Site or the infrastructure of Landconnect (or its third party service providers) a disproportionately large load;
    2. not interfere with the proper working of the Site or any activities conducted via the Site;
    3. not use any automated programs or devices of any kind on the Site, or any automated or manual programs, devices or processes of any kind to “crawl”, “spider” or engage in similar conduct in relation to the Site;
    4. not migrate data from the Site without the written consent of Landconnect (however you are permitted to download or export data for purposes consistent with your permitted use of the Site under these Terms, using tools or functionality which Landconnect has made available to you); and
    5. not reverse engineer or otherwise seek to obtain any source code forming part of the Site.
  8. You agree not to provide information obtained from the Site to third parties, unless required to do so by law.

ACCOUNT REGISTRATION AND ELIGIBILITY

  1. This clause 4 applies to your use of the Site if you register or attempt to register as an Account Holder of any kind, and/or if you become an Account Holder.
  2. In order to be able to access certain features and information (other than the General Features) on the Site, such as:
    1. the Sales Portal Feature; or
    2. the Individual Listing Feature, if you are an Individual Vendor,
    you must be an Account Holder. To be an Account Holder, you must complete your registration details at the time and in the manner required on the Site.
  3. You confirm and acknowledge, in setting up an account, that:
    1. you are aged 18 years or older (or over the minimum legal age in your country to enter into legally binding contracts); and
    2. you are capable of entering into legally binding contracts under the laws of the Commonwealth of Australia and that you meet all other eligibility requirements contained in these Terms; and
    3. you are a genuine and good faith:
      1. Customer; or
      2. Sales Person; or
      3. Individual Vendor, or
        4. any other type of user as may be enabled on the Site from time to time by Landconnect, as the case may be.
  4. You agree to ensure that your registration details are true, accurate and up to date at all times.
  5. You agree and warrant you meet, and will ensure you continue to meet, the user conduct requirements described in clause (5), that the information you provide to Landconnect is accurate and truthful, and that you are duly and validly authorised on behalf of the entity you purport to bind to enter into these Terms, to hold a user account and use the Site.
  6. You agree to hold only one user account at a time.
  7. You have sole responsibility for protecting the confidentiality of your password.
  8. If you permit the use of your account, password, user name or any other account or registration details by any other person we may immediately cancel your account and prohibit your use of the Site.
  9. You agree to notify Landconnect of any unauthorised use of your account or any breach of security in relation to the Site or your user account of which you have become aware. Landconnect may suspend or cancel your account if it considers such action is reasonably necessary in the circumstances.

REGISTERED USERS: CONDUCT AND CONTENT CONTRIBUTION

  1. This clause 5 applies to you if you are an Account Holder of any kind.
  2. You agree that:
    1. you are responsible for any Content that you, or that we on your behalf, broadcast, publish, upload, transmit, post or distribute on any part of the Site or on Affiliate Sites; and
    2. you will make all reasonable efforts to maintain at all times, the accuracy of your Content.
  3. You must not publish or distribute Content, or permit its publication or distribution on the Site (including without limitation by providing that Content to Landconnect for publishing or distribution):
    1. unless you hold all necessary rights, licences, authorisations, regulatory approvals and consents to do so;
    2. that is or could reasonably be considered to be defamatory, false, malicious, misleading, disparaging, obscene, inappropriate, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
    3. that is or has the potential to bring into disrepute Landconnect or its Related Entities or the Site or Landconnect’s Affiliate Sites;
    4. that falsely represents or impersonates the Site or Landconnect and its Affiliate Sites;
    5. that infringes the rights of any person or business entity;
    6. that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
    7. that would cause you and/or Landconnect to breach any law, regulation, rule, code or other legal obligation, including without limitation competition and consumer laws;
    8. that contains unsolicited or unauthorised advertising (including junk mail or spam);
    9. that contains computer or software viruses, files, programs or the like that are designed to disrupt, damage, or otherwise interfere with the ordinary functionality of any software, hardware or telecommunications; or obtain unauthorised access to any system, information, security device belonging to Landconnect or any third party.
  4. You are responsible for your own conduct and actions on the Site.
  5. You agree to comply with all applicable laws (including licensing, competition and consumer laws) regarding both your online conduct and Content and the operation of your business within your local jurisdiction and without limiting anything in these Terms, you agree that you will not use your account in a manner or do anything else in respect of the Site that will facilitate or cause contravention of any competition laws including the CCA. You must ensure any information obtained from another Account Holder is used for its intended purpose only and not for any purpose that infringes any law, statute or regulation.
  6. All Account Holders must abide by the following rules in relation to communication with other Account Holders:
    1. Instant messaging, where available, is designed solely for communication regarding an Account Holder’s Listing(s) and any transaction or service related to the Listing;
    2. Unsolicited advertising or spam via the messaging service is not permitted;
    3. Personal information should only be provided to another Account Holder to the extent it is necessary for a Listing transaction to occur and on the understanding that Landconnect cannot control the use of that information by third parties such as other Account Holders;
    4. Unwanted messages or harassment of any kind will not be tolerated and Landconnect reserves the right to terminate an Account Holder’s use of the Site in the event of a complaint;
    5. No interference, defamation, abuse or uncompetitive behaviours in relation to transactions of other Account Holders is permitted; and
    6. All Account Holders must comply with the Information Sharing Restrictions.
  7. All communications and interactions conducted through the Site are solely conducted between you and other Account Holders and Landconnect assumes no responsibility for or in relation to these communications or interactions or their content.

    User Conduct Obligations for Sales Persons and Individual Vendors
  8. If you are a Sales Person or Individual Vendor, you represent and warrant to Landconnect each time you use the Site that:
    1. you hold all required licences or accreditations to advertise your Listings on the Site and any other regulatory requirements applicable to you in respect of your Listing;
    2. you have proper authority to advertise and sell all your Listings on the Site as required by applicable law; and
    3. you will comply with all of your obligations set out in clause (5.9)
  9. If you are a Sales Person or Individual Vendor:
    1. you will only upload Listings to the Site yourself;
    2. if you are, in our reasonable opinion, in breach of the Terms, you will promptly comply with any direction we give to you in relation to your relevant Listing(s), including any direction to delete, amend or update any relevant Listing(s);
    3. you undertake that you will only collect, use, disclose and store personal information obtained through the Site for the sole purpose of contacting the Customer in relation to the specific Listing they have enquired about, unless advised otherwise by us.

SALES PORTAL: INFORMATION SHARING RESTRICTIONS

  1. This clause 6 applies to you if you are an Account Holder using the Sales Portal Feature.
  2. The Sales Portal Feature may only be used for Sales Persons to more efficiently share their Listing information with Customers, and not for Sales Persons to share information with other Sales Persons. You must only use the Sales Portal Feature in accordance with this clause 6 and agree that you will not do or permit to be done (by any employee, contractor, agent, affiliate or Related Entity), anything that undermines this restriction.
  3. You acknowledge that information sharing restrictions set out in clause 6.2 are contingent on each Account Holder maintaining an accurate, truthful and up-to-date account and you agree to so maintain your user account.
  4. Content you access on the Sales Portal Feature is available only to you and the business in respect of which you registered your user account. You must not share Content with any other business which you may be affiliated with, employed by or otherwise involved in.
  5. Without limiting anything in these Terms, you agree that you will not use the Sales Portal Feature or Site in a manner that facilitates or causes a contravention of any competition laws including the Competition and Consumer Act 2010 (Cth) (“CCA”).

EXTERNAL LINKS

  1. The Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval by Landconnect of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this Site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

DISCLAIMER OF WARRANTY AND LIMITED LIABILITY REGARDING USE OF LOTMIX.COM.AU

  1. The Site is provided by Landconnect on an “as is” and an “as available” basis and Landconnect makes no representations or warranties of any kind, express or implied, as to the operation of the Site, its availability, its security or the results that may be obtained from the use of the Site or any Content obtained from it. While Landconnect will implement reasonable security measures, Landconnect does not guarantee that the Site will be free from unauthorised third party interference or that unauthorised third parties will be unable to access your personal information or Content on the Site.
  2. While we will use our reasonable endeavours to ensure Site availability, Landconnect does not warrant that access to the Sites will be uninterrupted or that the Site will be available, error-free, fault-free free of Malicious Code, or free of other defects.
  3. Landconnect does not warrant that any Content or other material downloaded or otherwise obtained through the Site is free of errors, defects or Malicious Code. You are strongly encouraged to implement appropriate virus protection software on your system prior to downloading or accessing Content. You are solely responsible for any damage to your computer system or loss of data resulting from accessing, downloading or installing of any Content.
  4. You acknowledge that the Site and all features of the Site are subject to change, development and discontinuation and, as such, we may vary or discontinue the Site or any feature of it from time to time.
  5. To the maximum extent permitted by law, Landconnect will have no Liability to you, and you hereby release Landconnect from all Liability, in connection with:
    1. the availability of the Site, or any inability to use or access the Site at any time;
    2. Landconnect’s exercise of its rights under these Terms to deny, suspend or cancel your access to the Site;
    3. the fitness of the Site or any Content for any particular purpose for which you intended to use it;
    4. the Content on the Site or any communications you receive from Account Holders or third parties on or in connection with the Site, and any use of or reliance by you on such material; or
    5. the acts or omissions of, including any misconduct or breach of these Terms by, any Account Holder or other third party user of the Site.
  6. In this clause 8:
    1. “Liability” means a liability for any cost, expense, loss or damages of any kind, howsoever arising, and whether such liability arises in contract, tort (including, without limitation, negligence), in equity, under statute or from implied conditions and warranties, or otherwise.
    2. “Malicious Code” means any viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or other malicious code.
  7. In no event will Landconnect be liable to you for any indirect, incidental, special or consequential damages, or for any loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages, or loss of or corruption to data whether direct or indirect.
  8. To the maximum extent permitted by law, the Liability of Landconnect and its Affiliated Entities under or in connection with these Terms and the Site is limited, in the aggregate for all claims, to the amount of $50 or the fees paid up by you (if any) for your use of the Site in the 6 months immediately preceding your first claim, whichever is the greater.
  9. Other than any warranties expressly provided by Landconnect in these Terms, Landconnect makes no warranties, express or implied, with respect to the Site.
  10. Nothing in these Terms is intended to have the effect of excluding, restricting or modifying:
    1. the application of the Competition and Consumer Act 2010 or any applicable consumer law which is not capable of modification or exclusion;
    2. the exercise of a right conferred by such a provision; or
    3. any liability of Landconnect which may not lawfully be excluded.
  11. Notwithstanding any other provision of these Terms, in the event of a breach of any consumer guarantee by Landconnect under the Competition and Consumer Act 2010 the liability of Landconnect will be limited, at the option of Landconnect, to:
    1. if the breach relates to goods, the replacement of the goods or the supply of the equivalent goods, or the payment of the cost of replacing the goods or acquiring equivalent goods; or
    2. if the breach relates to services, the supply of the services again or the payment of the cost of having the services supplied again.

PRIVACY

  1. Any personal information you provide Landconnect, whether through the Site or otherwise, will be handled in accordance with the Lotmix Privacy Policy (accessible via www.lotmix.com.au/privacy) which is incorporated into these Terms by reference.
  2. You warrant that you have the proper authorisations and consents (and will produce them to us on request) to provide any personal information you provide us or another Account Holder, belonging to a third party.
  3. You are encouraged not to provide personal information to other Account Holders unless strictly necessary. If you provide your personal information to any other Account Holder using the Site, you acknowledge that you are providing that information to a third party (and not Landconnect) and that Landconnect has no control over or responsibility for the use of your personal information by that third party. You should familiarise yourself with any relevant privacy policy or other arrangements relevant to that third party before supplying any personal information.
  4. You must comply with any privacy legislation that applies to you or the business your user account is affiliated with, including in the case of your business, the Privacy Act 1988.

RIGHT TO REFUSE AND TERMINATE

  1. Despite any other provision of these Terms, Landconnect may refuse access to the Site to anyone at any time where reasonably necessary to protect the integrity, reputation or operation of the Site or otherwise as considered reasonably necessary by Landconnect.
  2. Landconnect also may suspend or terminate any user account and/or access to the Site without prior notice (and without limiting any of its other rights to do so):
    1. in the case of any inactive or unconfirmed accounts;
    2. where the relevant Account Holder cannot be reached by Landconnect within 30 days (using the contact details supplied to Landconnect in connection with the account);
    3. if you breach any of these Terms or are reasonably suspected to have done so;
    4. if you fail to pay any fees or charges due to us by the relevant due date;
    5. if your conduct adversely impacts Landconnect’s name, reputation or violates the rights of another party;
    6. if Landconnect is required to do so by law.
  3. Landconnect may also terminate user accounts and refuse access to the Site if it is no longer operating the Site or operating it in the country from which you are accessing it, or if providing the Site is, in the opinion of Landconnect, no longer commercially viable or Landconnect withdraws or discontinues the Site.
  4. You may terminate your account and use of the Site at any time by emailing support@lotmix.com.au.

PAYMENTS

  1. If you are a Customer or unregistered user, you do not have to pay fees to use the Site.
  2. If you are an Account Holder other than a Customer, Landconnect may charge you fees for your use of the Site or any particular feature on the Site. Landconnect will notify you of any applicable fees in advance and you must pay those fees to use or continue your use of the Site or feature, as the case may be. Landconnect will only charge a new fee after giving prior notice to you as to the details of the fee payable, and the opportunity to cease your use of the Site or relevant feature.

COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

  1. All intellectual property rights in the Site, including:
    1. copyright and any other rights in the text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features and any other copyright subsisting in the Site; and
    2. rights in or to business names, trading names, domain names, industrial designs, patents (or any patentable thing, system or process), registered designs, copyright and trade marks used by Landconnect,
    whether or not registered or capable of registration, but excluding any Content of any Account Holders, are owned or licensed by Landconnect or its Related Entities.
  2. Landconnect retains all rights, title and interest in its intellectual property rights, including those referred to in clause 12.1. Unless expressly authorised by Landconnect in writing, by these terms or by applicable legislation, you may not use, reproduce, broadcast, republish, upload to a third party website, transmit, post, distribute, show or play in public, create derivative works from or adapt those intellectual property rights or the Site for any purpose.
  3. By uploading your Content onto the Site or by providing your Content to Landconnect in any other way (including without limitation via any other software or application operated by Landconnect that you use):
    1. you agree to Landconnect publishing your Content on the Site and you warrant that it meets all of the requirements for Content set out in these Terms;
    2. you grant to Landconnect a non-exclusive, perpetual, irrevocable, transferrable, royalty-free, global license to use, reproduce, broadcast, republish, transmit, post, distribute, show or play in public, modify or adapt that Content (including, by communicating your Content to other Account Holders);
    3. you agree that Landconnect may store, copy and share your Content with Landconnect’s contractors and service providers that support the Site, Landconnect’s business and any other Landconnect products you use;
    4. you represent and warrant to Landconnect that the use of your Content and exercise of any of the rights you grant Landconnect in this clause 12 will not infringe upon the intellectual property rights of any person; and
    5. you warrant to Landconnect that you have obtained consents from the authors of your Content sufficient to ensure that any act or omission by Landconnect which would otherwise constitute an infringement of an author’s moral rights in your Content, will not do so,
    without compensation and to the extent reasonably required by or convenient to Landconnect for the purposes of Landconnect operating and maintaining the Site and making Content available as contemplated by these Terms.
  4. By uploading your Content onto the Site or by providing your Content to Landconnect in any other way (including without limitation via any other software or application operated by Landconnect that you use), you grant to Customers a non-exclusive, perpetual, irrevocable, royalty-free, global licence to use and view your Content for domestic or personal purposes, only to the extent reasonably required by a Customer to research or facilitate a purchase of land, house and land package or a purchase of services from (or facilitated by) you in connection with that Content.
  5. Customers are prohibited from using Content for the purpose of engaging a party other than the author of the Content (as identified in that Content) to perform or procure services using or in connection with that Content.
  6. The licences granted the warranties given under this clause 12 survive the expiration or termination of these Terms.
  7. Any ideas, concepts, designs or proposed improvements (“Improvement Concepts”) for the Site submitted by you to Landconnect via any means are considered non-confidential and non-proprietary, and in the event Landconnect implements or uses or partially uses any Improvement Concept, Landconnect will own all rights to the Improvement Concepts and improvements to the Site.

GENERAL

  1. These Terms and your use of the Site shall be governed by and must be construed according to the laws of the State of Victoria, Commonwealth of Australia. Subject to any dispute resolution procedures set out in the Terms each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to your use of the Site.
  2. If any part of these Terms is found to be void, invalid or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force and effect and such void, invalid or unenforceable parts of the Terms will be deemed to be modified so as to effect the original intent of these Terms as closely as possible.
  3. You acknowledge that these Terms, other terms on the Site including fee information and terms and our Privacy Policy and, should you use any other application or website owned or operated by Landconnect, the terms associated with those applications and websites constitutes the entire agreement between you and us regarding your use of the Site and supersedes all prior agreements with respect to the subject matter of these Terms.
  4. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
  5. Any failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of our right to act with respect to that breach or subsequent similar or other breaches.
  6. You shall not assign or delegate any rights or obligations under these Terms. We reserve the right to assign or delegate all rights and obligations under these Terms without notice to you.

DEFINITIONS

  1. In these Terms, unless the subject matter or context otherwise requires, the following words and expressions shall have the following meanings:
    1. Account Holder means any person, including a Customer, Sales Person or Individual Vendor, who has registered for and holds a current registered user account on the Site;
    2. Affiliate Sites means another website, portal or platform controlled by Landconnect, which includes Landspot;
    3. Content means any content (which may include text, written forum comments, data, images, audio files, audio-visual files or software, and includes content relating to Listings) uploaded to, or made available on, the Site:
      1. by you, by an Account Holder or by Landconnect on behalf of you or an Account Holder; or
      2. by you or any Account Holder via Landspot;
    4. Customer means a natural person who:
      1. is a prospective purchaser of a new house, lot of land or house and land package; and
      2. has been invited to set up an account on the Site by a Sales Person; and
      3. intends to use the Site solely for personal and domestic use and not for any other use or commercial purpose.
    5. General Features means the general and publicly available features of the Site made available by Landconnect from time to time, as described in clause 1.2 (a)
    6. Individual Listing Feature means the feature of the Site described in clause 1.2 (b)
    7. Individual Vendor means the vendor of a lot of land, or their agent, who registers on the Site to use the Individual Listing Feature;
    8. Landconnect means Landconnect Global Pty Ltd (“Landconnect”, “us”, “we” or “our”);
    9. Landspot means the website platform and portal owned and controlled by Landconnect and located at Landspot.com.au for new home builders and developers of land to share information and connect;
    10. Listing means, as the context requires:
      1. a house, lot of land or house and land package advertised for sale to a Customer by a Sales Person; or
      2. a lot of land advertised for sale (to the general public) by an Individual Vendor;
    11. Related Entity, in relation to a body corporate, means any of the following:
      1. a director or member of the body or of a related body corporate;
      2. a relative of such a director or member;
      3. a relative of a spouse of such a director or member;
      4. a body corporate that is related to the first-mentioned body;
      5. a beneficiary under a trust of which the first-mentioned body is or has at any time been a trustee;
      6. a relative of such a beneficiary;
      7. a relative of a spouse of such a beneficiary;
      8. a body corporate one of whose directors is also a director of the first-mentioned body;
      9. a trustee of a trust under which a person is a beneficiary, where the person is a related entity of the first-mentioned body because of any other application or applications of this definition;
    12. Sales Person means a natural person who is:
      1. a real estate agent;
      2. a project or property marketer engaged by a builder or land developer to market and sell new property developments to prospective buyers; or
      3. a new home builder sales consultant engaged by a builder to market and sell new property developments to prospective buyers.
    13. Sales Portal Feature means the features of the Site accessible to Sales Persons and Customers, described in clause 1.2 (c), as may be made available by Landconnect from time to time;
    14. Site means the website Lotmix.com.au and includes all of its features; and
    15. Terms has the meaning given in clause 1.3, as amended from time to time.