Terms and Conditions

These terms and conditions are the contract between you and Little Big Group Pty Ltd (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are Little Big Group, a company registered in Australia number 169800757.
Our address is Suite 501, Level 5, 80 Mount Street North Sydney NSW 2060.
You are: Anyone who uses Our Website or buys Service from us.
You should review this agreement carefully, and ensure you understand them, before you decide whether to accept them and continue with the registration process. If you do not agree with the Terms, you are not permitted to use the Service.  If you use the Service, you will be considered to have accepted these Terms.
These are the agreed terms

1. Definitions

“Little Big Group” is Little Big Group Pty Ltd. We provide web-based services for small-medium business.
“Little Big Shop” is our e-commerce platform
“Effective Date” is the date on which you or your representative agrees to accept these Terms during the registration process.
“Service” or “the Service” is any and all products provided by Little Big Group and accessible through Little Big Shop (www.littlebigshop.com.au, www.littlebig.shop) for the purpose of providing web building blocks for small-medium business which you nominate for subscription through the registration process. The Service is provided through a fully managed service that is delivered over the internet and is provided on a non-exclusive basis. It includes all of the services available from Our Website, including SaaS, Hosting and Professional Services, whether free or charged.
“Terms” are these Terms and Conditions.
“Customer” is any person or business that registers with Little Big Group as a customer user and is using the service. A Customer is the end user of the Service.
“Merchant” is any person or business that has registered with Little Big Group as a business user and is using the Service. A Merchant is a customer to Little Big Group.
“Payment Transaction” means the processing of a payment through the Service that results in the debiting or charging of the purchase amount to a Customer payment method (eg credit card) and the issuing of funds to a Merchant’s account.
“Us”, “We” and “Our” are references to Little Big Group.
“Console” is the web-based administration console that forms part of the Service
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Data” means information or data of any kind and includes Content.
“Good Industry Practice” means that degree of skill, care, prudence and foresight in relation to any work or task required to be performed by a party, including the practices, methods, specifications and standards of safety, design and performance which are generally expected of competent and experienced professionals who perform the same or similar work or tasks in the same or similar industry or profession
“Hosting” means storing the Merchant Website on the Network and making it available on the internet, and Host and Hosted have corresponding meanings.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Merchant Website” means the Merchant’s website Hosted by Little Big Shop using the SaaS and incorporating the Website Front-End Template, Data and Content.
“Network” means hardware, software and network infrastructure owned by or licensed to Little Big Group for the provision of the Services.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Little Big Group of companies. It includes all web pages controlled by us, including but not limited to the Little Big Shop website at https://www.littlebigshop.com.au/ and the Little Big Shop admin console at https://littlebig.shop/admin, or such other address notified by Little Big Shop to the Merchant from time to time.
“Plan” means the SaaS and Hosting Service plan agreed between Little Big Shop and the Merchant.
“Post” means place on or into Our Website any Content or material of any sort by any means.
“Professional Services” means professional services to be provided by Little Big Group to the Merchant pursuant to the Plan or as otherwise agreed in writing between the parties. Without limiting the foregoing, they may include:
a. migrating Data to or from the Merchant Website;
b. programming and/or incorporating custom or bespoke features or functionality in the Merchant Website;
c. training Merchant staff and representatives; and
d. consultancy and advisory services.
“SaaS” means Little Big Shop’s software platform for Hosting the Merchant Website under the Plan.
“Visitor” means anyone who visits Our Website.
“Website Front-End Template” means each HTML file that determines the layout and/or functionality of the Merchant Website.
Any new functionality or features which are added to the current Service will also be subject to the Terms. The current version of our Terms can be viewed at https://littlebigshop.com.au/terms-and-conditions/.
Little Big Group reserves the right to update, change or remove any or all Terms by posting changes to the Little Big Shop website. You are advised to check the Terms regularly for updates or changes that may affect you.

2. Interpretation

In this agreement unless the context otherwise requires:
2.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.6. except where expressly stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.8. these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version will prevail.

3. Basis of Contract

3.1. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2. Subject to these terms and conditions, we agree to provide to you some or all of the Services and products described on Our Website at the prices we charge from time to time. To the extent permitted by law, we reserve the right to refuse service to anyone for any reason at any time.
3.3. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements.
3.4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.5. Our contract with you and licence to you last for [one year from the date of start / payment]. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that will be deemed acceptance by you of the changed Service, system and/or terms.
3.6. The contract between us comes into existence when we receive payment from you for a Service.
3.7. We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.7.1         the change will take effect when we Post it on Our Website.
3.7.2         we will give you notice of the change. If you do not accept the change, we will allow you to terminate the contract and refund money paid in respect of the remainder of the subscription period.
3.7.3         if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.
3.8. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Little Big Group customer, Little Big Group employee, member, or officer may result in immediate account termination.
3.9. The failure of Little Big Group to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Little Big Group and govern your use of the Service, superseding any prior agreements between you and Little Big Group (including, but not limited to, any prior versions of the Terms).
3.10. Little Big Group may assign or subcontract any of its rights and obligations under these Terms at any time.
3.11. The law of New South Wales, Australia governs these Terms.

4. Your account and personal information

4.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4.4. You may not use the Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia and the State of New South Wales.
4.5. You are responsible for all activity and Content (Data, graphics, photos, links) that is uploaded under your Little Big Shop account and you indemnify Little Big Group for any loss, damage or claims suffered by it, including claims by third parties, arising directly or indirectly from your activity or the content uploaded under your Little Big Shop account.
4.6. You must not transmit any worms or viruses or any code of a destructive nature.

5. The Plan

5.1. The prices payable for Services are clearly set out on Our Website.
5.2. The Merchant subscribes to the Plan and in so doing agrees upon and accepts these Terms & Conditions.
5.3. These Terms & Conditions prevail over the Plan to the extent of any inconsistency.
5.4. The Merchant warrants the Plan meets the Merchant’s needs at the Commencement Date and for the duration of the Term.
5.5. The Merchant may change Plans at any time using the SaaS or otherwise with the consent of Little Big Group and the Merchant will pay any additional Service Fees or charges from the start of the next billing period.
5.6. The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.7. Prices are inclusive of any applicable goods and services tax or other sales tax.
5.8. A valid credit card is required by Merchants to pay Little Big Group accounts.
5.9. Invoices will be one month in advance for all monthly subscription services where prices are known.
5.10 The Merchant will be billed monthly or an annual upfront fee to the credit card provided in the admin Console. The billing details can be updated through the Console.
5.11. Non payment of charges associated with the Service will result in the suspension of your account. Accounts that are not paid after 2 days from the invoice date will be suspended without notice and all services terminated.
5.12. Re-activation of suspended accounts will incur a reconnection fee
5.13. Accounts that are not paid after 90 days will be deleted, including all associated data and content.
5.14. All charges related to failure of credit card payments will be the responsibility of the account holder, including cancelled, insufficient funds or expired cards.
5.15. You indemnify Little Big Group from all liability related to your non-payment of your account. Simply, we are not responsible for loss or damage to your business or reputation if you do not pay your bill on time for any reason.

6. Changes to the Service

6.1. Pricing for the Service is subject to change at any time with 14 days notice. Any changes to pricing will be communicated on the Little Big Shop website or via email.
6.2. Little Big Group reserves the right at any time to modify or discontinue, the Service (or any part of it) with or without notice
6.3. Little Big Group will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

7. Merchants

7.1. You must register a legitimate business with valid details, including name and address including but not limited to contact information for Customers to contact you.
7.2. You are responsible for ensuring your data is correct and up to date, specifically including pricing and product images.
7.3. You accept full responsibility for all orders and transactions that are provided to you by the Service. Failure to fulfil requests in a timely manner will result in suspension of your account with reasonable notice.
7.4. The Merchant is responsible for any cost or charges related to doing business via the Service, including any and all bank and credit card charges.
7.5. We do not warrant the business practices of any Merchant using the Service; we are simply providing a platform to do business.
7.6. You warrant that you have the authority to offer and sell any goods or services via the Service, including but not limited to the appropriate licensing and registrations.
7.7. Refunds, Returns and all issues relating to fulfilment are your responsibility and we do not accept any liability or responsibility for resolving these issues.

8. Hosting

8.1. Little Big Group will Host the Merchant Website on the Network.
8.2. Little Big Group will maintain the Network and Host the Merchant Website in accordance with Good Industry Practice. Little Big Group may update the Network at any time and in such manner as it thinks fit.
8.3. Little Big Group will use reasonable measures to ensure the Network and Hosting Service is available at least 99.9% of the time in each calendar month during the term of the contract, except where:
a. Little Big Group has suspended the Service because the Merchant is in default of the contract (e.g. for non-payment of an invoice);
b. factors outside Little Big Group’s reasonable control disrupt the Network;
c. Little Big Group conducts Scheduled Maintenance or Remedial Maintenance.
8.4 Little Big Group does not guarantee or warrant any search engine optimisation or ranking for the Merchant Website.

9. How we handle your Content

9.1. Our privacy policy is strong and precise. It complies fully with current privacy law which is at https://littlebigshop.com.au/privacy-policy/.
9.2. If you Post Content to any public area of Our Website it becomes available in the public domains, w have no control over who sees it or what anyone does with it.
9.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
9.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
9.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
9.6. You agree to any act or omission which would otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
9.7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
9.8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
9.9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
9.10. Please notify us immediately of any security breach or unauthorised use of your account.

10. Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we will co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
10.1. be unlawful, or tend to incite another person to commit a crime;
10.2. consist in commercial audio, video or music files;
10.3. be obscene, offensive, threatening, violent, malicious or defamatory;
10.4. be sexually explicit or pornographic;
10.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
10.6. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
10.7. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
10.8. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
10.9. facilitate the provision of unauthorised copies of another person’s copyright work;
10.10. link to any of the material specified in this paragraph;
10.11. Post excessive or repeated off-topic messages to any forum or group;
10.12. sending age-inappropriate communications or Content to anyone under the age of 18.

11. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
11.1. hyperlinks, other than those specifically authorised by us;
11.2. keywords or words repeated, which are irrelevant to the Content Posted.
11.3. the name, logo or trademark of any organisation other than that of you or your client, or those with an appropriate licence.
11.4. inaccurate, false, or misleading information.

12. Removal of offensive Content

12.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website or use our Services for any purpose.
12.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
12.3. If you are offended by any Content, the following procedure applies:
12.3.1 your claim or complaint must be submitted to us in the form available on Our Website and Services, or contain the same information as that requested in our form. It must be sent to us by post or email.
12.3.2 we will remove the offending Content as soon as we are reasonably able;
12.3.3 after we receive notice of a claim or complaint, we will investigate so far as we alone decide;
12.3.4 we may re-instate the Content about which you have complained or not.
12.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
12.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

13. Customers

13.1. We do not warrant that customer account information is correct and it is your responsibility to confirm the identity of the party you are transacting with.
13.2. Disputes or disagreements between two parties using the Service (eg. Customer vs Merchant) are not the responsibility of Little Big Group and will be resolved by the parties outside the scope of the Service.
13.3. Refunds, Returns and all issues relating to fulfilment are the responsibility of the Merchant and we do not accept any liability or responsibility for resolving these issues.

14. Data

14.1. You must ensure you have adequate backup of your content or data that is uploaded or entered in the Service.
14.2. Little Big Group is not responsible for any loss of your personal, business or image data through inadequate backup procedures or storage failures. You MUST ensure you have your own backups of all your data.

15. Security of Our Website

If you violate Our Website and/or Services, we may take legal action against you. You now agree that you will not, and will not allow any other person to:
15.1. modify, copy, or cause damage or unintended effect to any portion of Our Website and Services, or any software used within it.
15.2. link to Our Website and Services in any way that would cause the appearance or presentation of Our Website and Services to be different from what would be seen by a user who accessed Our Website and Services by typing the URL into a standard browser;
15.3. download any part of Our Website and Services, without our express written consent;
15.4. collect or use any product listings, descriptions, or prices;
15.5. collect or use any information obtained from or about Our Website and Services or the Content except as intended by this agreement;
15.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website and Services, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
15.7. share with a third party any login credentials to Our Website and Services;
15.8. Despite the above terms, we now grant a licence to you to:
15.8.1 create a hyperlink to Our Website and Services for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
15.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

16. Uploading to our servers

16.1. You must not upload to, or store on our servers any material or Content which you are not permitted by this agreement to Post to Our Website.
16.2. You may not share, let or sub-license space on the servers (except as an authorised re-seller).
16.3. You may not upload to any shared server, any of the following pages, namely those:
16.3.1 pages with banners, graphics or CGI scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
16.3.2 pages with very large graphic archives or galleries;
16.3.3 pages offering download archives or large media distribution (>5GB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
16.3.4 pages running large or busy chat rooms;
16.3.5 pages using more than [8] % of system resources.

17. Termination

17.1. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by unsubscribing. Your account will be terminated at the end of your billing cycle and your shop will no longer be available.
17.2. Little Big Group may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. We may also terminate or suspend your subscription or access to all or any data immediately if:
17.2.1 You breach any of these terms and the breach is not or cannot be remedied
17.2.2 You fail to pay subscription fees
17.2.3 You or your business has become insolvent, your business goes into liquidation or has a receiver, administrative receiver or similar officer appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction) unless an application has been made under the Treasury Laws Amendment (2017 Enterprise Incentive No.2) Act 2017.
17.3. Any termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled.
17.4. Termination by Little Big Group will have the following effects:
17.4.1 your right to use the Services immediately ceases;
17.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
17.5. In the event of such termination by us, we will within one month refund to you the balance of your cost outstanding for any Service, pro rata with time not elapsed;
17.6. There will be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

18. Interruption to Services

18.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
18.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
18.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

19. Intellectual Property

19.1. All Content, Data and Images that form the Service, or any part of it, are owned exclusively by Little Big Group, unless specifically identified as owned by someone else.
19.2. Content that is uploaded to the Service remains in the ownership of the copyright owner.
19.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Little Big Group.
19.4. You can remove your Little Big Shop store at any time by deleting your account. This will also remove all content you have stored on the Service.

20. Disclaimers and limitation of liability

20.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
20.2. All implied conditions, warranties and terms are excluded from this agreement.
20.3. The Little Big Shop Website and Little Big Group Services are provided “as is”. We make no representation or warranty that the Service will be:
20.3.1 useful to you;
20.3.2 of satisfactory quality;
20.3.3 fit for a particular purpose;
20.3.4 available or accessible, without interruption, or without error;
20.4. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we will not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
20.5. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
20.6. We accept no responsibility for:
20.6.1 malfunction in any hardware provided by you;
20.6.2 malfunction in any software provided by you;
20.6.3 malfunction in any software provided by us unless you can prove that it was defective when you received it from us;
20.6.4 any firewall provision not specified in the Services;
20.6.5 delivery of material or privacy of any transmission;
20.7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
20.8. We will not be liable to you for any loss or expense which is:
20.8.1 indirect or consequential loss; or
20.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
20.9. You expressly understand and agree that Little Big Group, its officers, directors, agents, employees and contractors will not be liable in any circumstances for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
20.10. We do not accept any liability or responsibility for any problems with the Service that are beyond our control.
20.11. Nothing in this agreement excludes liability for a party’s fraud.

21. You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
21.1. your failure to comply with the law of any country;
21.2. your breach of this agreement;
21.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
21.4. a contractual claim arising from your use of the Services
21.5. a breach of the intellectual property rights of any person;
For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $[100.00] per hour without further proof.

22. Non-compete

22.1. You agree not to compete with Little Big Group in any way through your gaining knowledge of Little Big Group work product.
22.2. You will not develop or be involved in the development of a competing product to Little Big Group. We provide Little Big Group to enable small business and its customers, not for competitors to research our product development.

23. Miscellaneous matters

23.1. You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
23.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
23.3. The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title.
23.4. If you are in breach of any term of this agreement, we may:
23.4.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
23.4.2 terminate your account and refuse access to Our Website and Services;
23.4.3 remove or edit Content, or cancel any order at our discretion;
23.4.4 issue a claim in any court.
23.5. Any obligation in this agreement intended to continue to have effect after termination or completion will so continue.
23.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
23.7. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
23.8. Any communication to be served on either of the parties by the other will be delivered by hand or sent by express post or by e-mail.
It is deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
23.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
23.10. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
23.11. Neither party is liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
23.12. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement will prevail.
23.13. The validity, construction and performance of this agreement is be governed by the laws of the State of NSW in Australia and you agree that any dispute arising from it will be litigated on in that State.