Terms and Conditions

APP USER TERMS

Please read these App User Terms carefully, as they set out the basis upon which we license the App for use.

Before you download the App or make payment for a Payment, we will ask you to give your express agreement to the provisions of these App User Terms.

1. TERM

1.1 These App User Terms shall come into force on the date upon which the User receives a written confirmation that these App User Terms have come into force following the User's express consent to these App User Terms.

1.2 These App User Terms shall continue in force indefinitely, subject to termination in accordance with these App User Terms.

2. APP STORES

2.1 The User acknowledges that, in addition to these App User Terms, the App Store Terms and Conditions shall apply to the use of the App and the other matters contemplated in these App User Terms.

2.2 In the event of any conflict between these App User Terms and the App Store Terms and Conditions, the provisions of the latter shall take precedence.

2.3 Those provisions of the App Store Terms and Conditions that impose obligations and/or liabilities on the User in relation to the App and/or the Services excluding those relating to payments are hereby incorporated into these App User Terms for the benefit of the Company, and as such shall be enforceable by the Company against the User.

2.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the App Store Terms and Conditions: the amounts payable by the User in respect of these App User Terms; the methods of payment to be used by the User; and any rights of the User to cancel these App User Terms and received any refunds of amounts paid in respect of these App User Terms.

2.5 The User acknowledges that the operator of the App Store has rights under the App Store Terms and Conditions which may affect the exercise of the User's rights under these App User Terms. Subject to Clause 18.1, the Company will not be in breach of these App User Terms as a result of, and will not be liable to the User in respect of any loss or damage arising out of, the operator's exercise of its rights under the App Store Terms and Conditions.

3. USER PROFILE

3.1 In order to select a Payment Model and book Services, the User must create a profile on the App. By creating a profile on the App, the User agrees:

(a) that they are over 18 years of age or are over 16 years of age and have parental/guardian consent;

(b) that the information provided in the profile is true and correct at the time the User provides that information;

(c) that the User will not share, disclose or permit disclosure of the password to the User’s profile or permit anyone else to use the User’s profile;

(d )that the User may receive emails and SMS about the User’s profile and/or emails and SMS containing marketing material from time to time;

(e) that the User may opt-out of receiving marketing material at any time;

(f) that if the User opts-in to receive information from third party service providers, the User may be added to external mailing lists which are not controlled by the Company; and

(g) to accept any other Terms and Conditions relating to sign up and registration.

3.2 Any personal information submitted by the User will be collected, held and used as contemplated by these App User Terms, the privacy collection statement and the Company’s privacy policy.

4. PAYMENT

4.1 The User must pay fees in the amounts and at the times specified in the pricing section of the App for the chosen Payment Model when purchasing the Services in the App (Fees).

4.2 All Fees must be paid in advance and are non-refundable for change of mind.

4.3 Where applicable based on the Payment Model selected, the Payment will continue to renew for the Term, and the User must pay Fees in accordance with the chosen Payment Model, unless terminated in accordance with these App User Terms. By choosing a recurring payment plan, the User acknowledges that the Payment has an initial and recurring payment feature and accepts responsibility for all recurring charges prior to any termination of the Payment. This clause 4.3 does not apply to one-off purchases.

4.4 In-App Purchases:

(a) The User may make _Payment on the Apple App Store or Google Play Store.

(b) In-App purchases are subject to the terms and conditions of the respective provider. Transactions are securely processed through the payment gateway of the application store.

4.5 The Company may use third-party payment providers including In-App purchases set out in clause 3.4 (Payment Providers) to collect payment of the Fees. The processing of payments by the Payment Provider will be, in addition to the Fees, subject to the terms and conditions and privacy policies of the Payment Provider. The Company is not liable for the security or performance of the Payment Provider. The Company reserves the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting any Fees.

4.6 The Company reserves the right, to at any time notify the User in writing of any change to the Fees. If the User does not agree to the change, the User may terminate these App User Terms without penalty by providing written notice to the Company.

4.7 Unless otherwise indicated, the Fees exclude GST. The User is responsible for any GST payable for a taxable supply by the Company.

4.8 The Company reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

4.9 If the Company is unable to debit the User’s payment method, the Company may charge a dishonor fee and cease to provide the Services to the User, until any outstanding payment has been received.

4.10 Discount Codes:

(a) You can apply a valid Discount Code on the chosen Payment Model which will be deducted from the total Payment Fee.

(b) The Discount Code cannot be used in conjunction with any other offers and cannot be retrospectively applied to previous orders.

(d) Services purchased with a Discount Code are subject to our usual cancellation policy in clause 6.1.

(e) Discount Codes may expire in accordance with its terms.

4.11 The Company may suspend the provision of any or all of the Services if any amount due to be paid by the User to the Company under these App User Terms is overdue.

5. APPOINTMENTS

5.1 All Appointments must be made via the App to enable the User to access and use the automated spray tanning booth.

5.2 The User must follow the appointment access instructions set out in the User Instructions, including but not limited to:

(a) once the Appointment has been booked the User must use the App to gain access to the waiting room 10-15 minutes prior to their scheduled Appointment;

(b) the User must use the App to gain access to the tanning room within 5 Mins of their Appointment; and

5.3 Assumption of Risk: You acknowledge and agree to the inherent risks associated with such activities. This includes but is not limited to physical injury, equipment malfunctions, and adverse reactions to tanning products.

5.4 You confirm that you are in good health and have consulted with a medical professional if necessary. You confirm that you are not aware of any medical conditions, injuries, or impairments that would be aggravated by the use of the automated spray tanning booth during the Appointment.

5.5 You agree to comply with all User Instructions, including any safety guidelines for the operation of the automated spray tanning booth during the Appointment. Failure to adhere to these instructions may result in injury or harm for which you accept full responsibility.

5.6 You acknowledge that the Company does not provide any warranties or guarantees regarding the outcomes of using the automated spray tanning booth. Results can vary and depends on factors such as adherence to guidelines and individual circumstances.

5.7 You shall indemnify and keep indemnified the Company against any and all liabilities, damages, losses, costs, and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Company arising directly or indirectly as a result of any breach by you of these terms.

6. CANCELLATION AND RESCHEDULING APPOINTMENTS

6.1 Rescheduling Services: The User must provide at least 24 hours’ notice of any rescheduling of Appointments via the App. The User will be permitted to reschedule an Appointment via the App to any available openings within a 12-month period. Failure to do so will result in your Appointment being forfeited. No shows or late arrivals will also result in your Appointment being forfeited. You will be permitted to reschedule an Appointment a maximum of three times before your Appointment will be forfeited.

6.2 Refunds: To the extent permitted by law, the Company does not offer refunds of any kind, unless otherwise agreed between Parties.

7. LICENCE

7.1 The Company hereby grants from the date of supply of the App to the User a non-exclusive, worldwide and revocable licence to use the App on any device which can access the App, subject to the limitations and prohibitions set out and referred to in this Clause 7.

7.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 7.1 without the prior written consent of the Company, save to the extent expressly provided otherwise in these App User Terms.

7.3 Save to the extent expressly permitted by these App User Terms or required by applicable law on a non-excludable basis, any licence granted under this Clause 7 shall be subject to the following prohibitions:

(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the App;

(b) the User must not use the App for commercial purposes of any kind;

(d) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the App.

8. NO ASSIGNMENT OF INTELLECTURAL PROPERTY RIGHTS

8.1 Nothing in these App User Terms shall operate to assign or transfer any Intellectual Property Rights from the Company to the User, or from the User to the Company.

9. SOURCE CODE

9.1 Nothing in these App User Terms shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

10. HOSTED SERVICES

10.1 The Company hereby grants to the User a non-exclusive, revocable and worldwide licence to use the Hosted Services by means of the App for the personal purposes of the User during the Term.

10.2 Except to the extent expressly permitted in these App User Terms or required by law on a non-excludable basis, the licence granted by the Company to the User under Clause 10.1 is subject to the same prohibitions as those relating to the licence of the App and set out in Clause 7.3.

10.3 The Company shall use all reasonable endeavours to maintain the availability of the Hosted Services to the User at the gateway between the public internet and the network of the hosting services provider for the Hosted Services but does not guarantee 100% availability.

10.4 The User must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or App or impairment of the availability or accessibility of the Hosted Services.

10.5 The User must not use the Hosted Services:

(a)in any way that is unlawful, illegal, fraudulent or harmful; or

(b)in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

10.6 All the limitations and exclusions of liability and warranties, and the special acknowledgements by the User, that are set out in these App User Terms and expressed to relate to the App shall apply in respect of the Hosted Services in addition to the App.

11. USER DATA

11.1 The User hereby grants to the Company a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the User Data to the extent reasonably required for the performance of the Company's obligations and the exercise of the Company's rights under these App User Terms. The User also grants to the Company the right to sub-license these rights to its hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in these App User Terms.

11.2 The User warrants to the Company that the User Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.

12. PROHIBITED CONDUCT

12.1 The User must not do or attempt to do anything:

(a)that is unlawful;

(b)prohibited by any laws applicable to the App;

(c)that breaches the User Instructions; or

(d)which might bring the Company or the App into disrepute, including (without limitation):

(i)anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(ii)tampering with or modifying the App, knowingly transmitting viruses or other disabling features, or damaging or interfering with the App, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the App;

(iii)facilitating or assisting a third party to do any of the above acts.

(e)Including print, publish, modify, link to or distribute any content from the App or any other documentation that we provide to you, unless we have authorised you in writing to do so;

(f)Including use the App, Services or any of the materials therein for commercial purposes; and

(g)including modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the App.

12.2 The Company must not do or attempt to do anything:

(a)that is unlawful; or

(b)prohibited by any laws applicable to the App.

13. MAINTENANCE SERVICES

13.1 The Company may from time to time during the Term conduct Maintenance Services but shall have no obligation to do so.

13.2 The User must apply to the App each Update and Upgrade made available by the Company through the Maintenance Services.

13.3 If the User does not apply an Update or Upgrade to the App, then the User shall cease to have any right to use the App until such time as it does so. The User acknowledges that the Company may use technical measures to enforce this Clause 13.3.

13.4 The User acknowledges that the supply and licensing of Upgrades may, at the discretion of the Company, be subject to additional terms and conditions.

14. SUPPORT SERVICES

14.1 During the Term the Company may provide Support Services to the User, but the Company shall have no obligation to do so under these App User Terms.

14.2 The Company shall make available to the User a helpdesk for the purpose of enabling the User to request and where relevant receive the Support Services.

14.3 The Support Services shall be provided remotely.

14.4 The Company will use reasonable endeavours to respond promptly to all requests for Support Services made by the User through the helpdesk.

14.5 The Company has no obligation to provide Support Services in respect of any issue caused by:

(a)any factor outside the scope of the Support Services;

(b)the improper use of the App or Services by the User; or

(c)any alteration to the App made without the prior consent of the Company.

14.6 The User acknowledges and agrees that the Company gives no warranties or guarantees in relation to the outcome of the Support Services.

15. PRIVACY POLICY

15.1 Any personal data that the User supplies to the Company under or in connection with these App User Terms shall be processed in accordance with the privacy policy of the Company, the current version of which can be viewed at https://www.simplytanned.com/privacy-policy.

16. USER INDEMNITY

16.1 The User shall indemnify and shall keep indemnified the Company against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Company and arising directly or indirectly as a result of any breach by the User of these App User Terms.

16.2 The Company shall indemnify and shall keep indemnified the User against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the User and arising directly or indirectly as a result of any breach by the Company of these App User Terms.

17. WARRANTIES

17.1 The Company warrants to the User that;

(a) it has the legal right and authority to enter into these App User Terms and to perform its obligations under these App User Terms;

(b) the App, when used by the User in accordance with these App User Terms, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.

17.2 If the Company reasonably determines, or any third party alleges, that the use of the App by the User in accordance with these App User Terms infringes any person's Intellectual Property Rights, the Company may reasonably at its own cost and expense:

(a) modify the App in such a way that it no longer infringes the relevant Intellectual Property Rights, providing that any such modification must not introduce any App Defects into the App and must not result in the App failing to conform with the App Specification; or

(b) procure for the User the right to use the App in accordance with these App User Terms.

17.3 The User warrants to the Company that it has the legal right and authority to enter into these App User Terms and to perform its obligations under these App User Terms.

17.4 The User warrants to the Company that:

(a) it has the legal right and authority to enter into these App User Terms and to perform its obligations under these App User Terms;

(b) they agree and acknowledge that the site is an unattended site and they will at all times comply with any User Instructions provided by the Company;

(c) the products used are of chemical nature and may cause adverse reactions, the User should seek medical advice prior to utilising the Services.

17.5 All of the parties' warranties and representations in respect of the subject matter of these App User Terms are expressly set out in these App User Terms. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of these App User Terms will be implied.

18. ACKNOWLEDGEMENTS AND WARRANTY LIMITATIONS

18.1 The User acknowledges that the App is never wholly free from defects, errors and bugs; and subject to the other provisions of these App User Terms, the Company gives no warranty or representation that the App will be wholly free from defects, errors and bugs.

18.2 The User acknowledges that the App is never entirely free from security vulnerabilities; and subject to the other provisions of these App User Terms, the Company gives no warranty or representation that the App will be entirely secure.

18.3 The User acknowledges that the Company will not provide any legal, financial, accountancy or taxation advice under these App User Terms or in relation to the App and except to the extent expressly provided otherwise in these App User Terms, the Company does not warrant or represent that the App or the use of the App by the User will not give rise to any legal liability on the part of the User or any other person.

19. LIMITATION AND EXCLUSIONS OF LIABILITY

19.1Nothing in these App User Terms will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these App User Terms, except to the extent permitted by law.

19.2 To the extent permitted by law the Company disclaims all responsibility and liability for:

(a) any personal injury to the User or any third party, whether directly or indirectly caused by the use of the App or Services including but not limited to any injury resulting from pre-existing medical conditions/injuries (User’s are advised to consult a healthcare professional before beginning any new exercise program), except to the extent directly caused by the Company's gross negligence or wilful misconduct;

(b) any implied or express guarantees, representations, or conditions of any kind, which are not explicitly stated in these App User Terms;

(c) any consequences or damages arising from the User's failure to adhere to any User Instructions provided by the Company;

(d) where you have missed any session and failed to comply with the cancellation or rescheduling policy, in clause 5;

(e) any adverse health reaction suffered by the User caused by the products used during the Services, including but not limited to any pre-existing skin conditions; and

(f) results from using this App, results can vary and are not guaranteed.

19.3 The limitations and exclusions of liability set out in this Clause 19 and elsewhere in these App User Terms:

(a) are subject to Clause 19.1; and

(b) govern all liabilities arising under these App User Terms or relating to the subject matter of these App User Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these App User Terms.

19.4 The parties will not be liable to one another in respect of any:

(a) losses arising out of a Force Majeure Event.

(b )loss of business, contracts or opportunities.

(d) special, indirect or consequential loss or damage.

19.5 The liability of the parties under these App User Terms in respect of any event or series of related events shall not exceed the greater of:

(a) $100; and

(b) the total amount paid and payable by the User to the Company under these App User Terms in the 12-month period preceding the commencement of the event or events.

19.6 The aggregate liability of the parties under these App User Terms shall not exceed the greater of:

(a) $100; and

(b) the total amount paid and payable by the User to the Company under these App User Terms.

20. TERMINATION OF THESE APP USER TERMS

20.1 Minimum Term: The Minimum Term for Services (if any) is set out in the Payment Model. Any termination prior to this will incur the Fees for the duration of the Minimum Term, unless otherwise agreed between Parties. Following completion of the Minimum Term (if any), the User may terminate this Agreement in accordance with clauses 20.2.

20.2 Where applicable, either party may terminate these App User Terms without cause by giving the other party no less than 7 days' written notice of termination prior to the end of the term of the Payment Model.

20.3 Either party may terminate these App User Terms immediately by giving written notice of termination to the other party if:

(a) the other party commits any breach of these App User Terms, and the breach is not remediable;

(b) the other party commits a breach of these App User Terms, and the breach is remediable but the other party fails to remedy the breach within the period of 7 days following the giving of a written notice to the other party requiring the breach to be remedied, including but not limited to non-payment of Fees; or

(c) the other party persistently breaches these App User Terms (irrespective of whether such breaches collectively constitute a material breach).

21. EFFECTS OF TERMINATION

21.1 Upon the termination of these App User Terms, all of the provisions of these App User Terms shall cease to have effect, save that the following provisions of these App User Terms shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 2, 10.6, 13.4, 16, 19, 21, 22, 23 and 24.

21.2 Except to the extent expressly provided otherwise in these App User Terms, the termination of these App User Terms shall not affect the accrued rights of either party.

22. GENERAL

22.1 No breach of any provision of these App User Terms shall be waived except with the express written consent of the party not in breach.

22.2 If any provision of these App User Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these App User Terms will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

22.3 The Company may vary these App User Terms by giving to the User at least 30 days' written notice of the variation. Subject to this, these App User Terms may only be varied by a written document signed by or on behalf of each of the parties. After any variation to these terms, the User has the choice to terminate this Agreement without penalty.

22.4 These App User Terms is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to these App User Terms are not subject to the consent of any third party.

22.5 These App User Terms along with any services agreement in place between the Company and the Licensee (if applicable) shall constitute the entire agreement between the parties in relation to the subject matter of these App User Terms, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

22.6 Disputes: In the event of any dispute arising from, or in connection with, these App User Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

22.7 These App User Terms shall be governed by and construed in accordance with the laws of South Australia, Australia. The User irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

23. DEFINITIONS

23.1 In these App User Terms, except to the extent expressly provided otherwise:

"App" means the application and/or web app Simply Tanned, managed and used by the Company to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and App is installed;

“Appointment” means an appointment to use of the automated spray tanning booths;

"App Store" means the online sales and distribution platform operated by a third party by means of which the User obtained the App;

"App Store Terms and Conditions" means the terms and conditions of the App Store that set out any rights and/or obligations of the User in relation to the App and/or any of the Services;

"App User Terms" means these app user terms, including any amendments from time to time;

“Discount Code” means any valid code applied in the App to receive a specified discount deducted from the Fees.

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious App attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

"Hosted Services" means the hosted services (if any) that are made available by the Company to the User as a service via the internet and may be accessed and used by means of the App;

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Company" means Simply Tanned Pty Ltd, a company incorporated in Australia (ACN 680 216 086) having its registered office at 3/31-35 Seventh Street, Murray Bridge SA 5253, also referred to as “we” and “our”;

"Maintenance Services" means the supply to the User of Updates and Upgrades;

“Minimum Term” means the minimum terms set out in the chosen Payment Model;

"Services" means any services that the Company provides to the User, or has an obligation to provide to the User, under these App User Terms, including but not limited to use of the automated spray tanning booths during Appointments and the Hosted Services;

"Source Code" means the App code in human-readable form or any part of the App code in human-readable form, including code compiled to create the App or decompiled from the App, but excluding interpreted code comprised in the App;

"Support Services" means support in relation to the use of the App and the identification and resolution of errors in the App, but shall not include the provision of training services whether in relation to the App or otherwise;

"Payment" means the subscription between the Company and the User for use of the App;

"Payment Model" means the payment model as selected by the User when making a Payment, being a fortnightly, weekly or one-off payment model, or any other payment model made available by the Company as updated from time to time;

"Term" means the term of these App User Terms, commencing in accordance with Clause 1.1 and ending in accordance with Clause 1.2;

"Update" means a hotfix, patch or minor version update to the App;

"Upgrade" means a major version upgrade of the App;

"User" means the person to whom the Company grants a right to use the App under these App User Terms, also referred to as “you” or “your”; and

“User Instructions” means any instructions and/or guidelines provided by the Company to the User or made available via the App as updated from time to time including but not limited to instructions on how to use the automated spray tanning booths during Appointments and after care;

"User Data" means all data, works and materials: uploaded to or stored on the App by the User; transmitted by the App at the instigation of the User; supplied by the User to the Company for uploading to, transmission by or storage on the App; or generated by the App as a result of the use of the Hosted Services by the User (but excluding analytics data relating to the use of the App and server log files).

24. INTERPRETATION

24.1 In these App User Terms, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

24.2 The Clause headings do not affect the interpretation of these App User Terms.

24.3 References in these App User Terms to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.

24.4 In these App User Terms, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

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