Terms of Trade

Seavu Terms of Trade – Online Sale Agreement

  1. Definitions 

‘goods’ means our products for sale on our website from time to time, including, but not limited to:

  • Seavu Kits
  • Seavu Accessories
  • Seavu Parts

‘Seavu Kits’ means a bundle of products to enable you to livestream underwater footage from your action camera to your mobile phone.

‘Seavu Acessories’ means separate products such as fins, weights and stands that can be used with the Seavu Explorer product.

‘Seavu Parts’ means replacement parts for Seavu products.

‘us’, ‘we’ and ‘our’ means Seavu Pty Ltd (ACN: 626 772 414).

‘website’ means “https://seavu.com.au” and any sub-links thereof

‘you’ means the purchaser of our goods

  1. Agreement to be Legally Bound

All users who access our website and its contents and/or buy our goods hereby agree to be bound by these terms of trade which shall also include any additional terms, conditions or policies that are included by reference or hyperlink.

Please read these terms of trade before using our website or purchase any of our goods. If any of these terms of trade are not agreeable by you then you are not entitled to use our website or purchase any of our goods. If in the event you are not agreeable to any of these terms of trade and would still like to use our website or purchase our goods please advise info@seavu.com. Furthermore, please contact this email address if you have any questions in relation to these terms of trade.

We reserve the right to alter these terms of trade at any time and without notice. Your continued use of our website will be deemed to be your agreement to the updated terms of trade.

We reserve the right to refuse service with any person or entity at any time and at our sole discretion.

We use Stripe Inc as our online store’s e-commerce platform to facilitate the transaction for us to sell you our goods and for you to pay us for the goods

  1. Terms of Trade – General

We reserve the right at our sole discretion to: 

  1. alter these terms of trade at any time and without notice;
  2. refuse service with any person or entity at any time;
  3. change, add, remove contents of our website at any time;
  4. modify or discontinue any of our goods;
  5. change the price of any of our goods;
  6. not to sell our goods or proceed with a sale or order made on our website if we are of the belief that the order pertains or appears to be made by resellers or distributors.

We use Stripe Inc and PayPal as our online store’s e-commerce platforms to facilitate the transaction for us to sell you our goods and for you to pay us for the goods.

  1. Information Accuracy

You acknowledge and covenant that all personal details, information and payment information you provide to us and input into our website is accurate and up to date and is without error. In the event that you input incorrect information to our website we may attempt to contact you via email and/or mobile telephone or billing address that you have submitted to our website.

All personal information submitted to our website is controlled by our Privacy Policy which can be viewed at https://seavu.com/privacy-policy

There may be errors contained in the information on our website from time to time, including inaccuracies, omissions or typographical errors which may pertain to descriptions, sales, shipping charges and transit times and our goods availability. We reserve the right to correct any errors or omissions.

  1. Use of Products

You hereby acknowledge and covenant that:

  1. you shall not attempt to re-sell our goods in a retail capacity;
  2. you shall read all guides and watch all applicable videos relating to our goods that you purchase and use located at https://seavu.com/guides/ (the Guides) and shall adhere to all directions with regards to the use and care of our goods by you;
  3. the maximum waterproof rating of our goods is a depth of 50 meters;
  4. the lens seal and cover of the Explorer case must be examined and maintained before and after each use in accordance with the Guides;
  5. the Seavu receiver, cable and transmitter operates on Wi-Fi frequency 2.4GHz only and has a maximum pulling break strain of 110lbs/50kgs and it is your responsibility to ensure that:
    1. no third-party device or signal interferes with the Seavu receiver, cable and transmitter’s Wi-Fi performance; and
    2. that your third-party camera operates on Wi-Fi frequency 2.4GHz and has no other limiting factors that render it unable to connect to the Seavu receiver, cable and transmitter;
    3. you only use the Seavu receiver, cable and transmitter at speeds and conditions that do not cause the pulling break strain to exceed 110lbs/50kgs;
    4. you avoid kinks and twists to the Seavu receiver, cable and transmitter which can cause irreparable damage, as well as avoiding boat propellers and other sharp objects.
  6. you must secure the Seavu cable reel in a secure and safe place on the boat using the Seavu cable fastener when the boat’s engine is on to prevent damage to the Seavu receiver, cable and transmitter and to prevent it from being pulled overboard;
  7. our goods are not used in extreme weather conditions or in very strong currents;
  8. all accessories must be attached properly in accordance with the Guides;
  9. all Seavu goods must be rinsed as soon as is practicable with fresh water after use;
  10. no warranty, replacement or refund will be provided where the use of our goods is not in accordance with the Guides or in accordance with these terms of trade;  
  11. we make no warranties or representations with regards to the compatibility and capability of any third party device named on our website;
  12. you will not use our goods:
    1. in any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
    2. in contravention of any state or federal legislation;
    3. infringe our intellectual property rights;

 

  1. Delivery of goods

6.1 International customers

We shall use best endeavours to deliver our goods within the estimated timeframes posted on our website, which may vary depending on the destination country.

Standard International Orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail which includes parcel tracking.

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or which in any event is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

If the shipping provider confirms that goods are lost or were unable to be delivered to you we will replace the lost goods and re-ship them to you.

All customs / import fees / taxes and duties are the responsibility of the customer.

For non-delivery of goods, please notify us by email as soon as possible.

6.2 Australia

We shall use best endeavours to deliver our goods within 1-5 business days.

All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post which includes parcel tracking

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control

over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

If the shipping provider confirms that goods are lost or were unable to be delivered to you we will replace the lost goods and re-ship them to you.

For non-delivery of goods, please notify us by email as soon as possible.. 

  1. Refund policy

Our refund policy is incorporated into these terms of trade and can be found at https://seavu.com/refunds

  1. Limitation of Liability & Disclaimer of Warranties

Our liability for failure to comply with a consumer guarantee is limited to the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair).

Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

In all other respects, our total liability for loss or damage of every kind, whether:

  1. arising pursuant to the terms of trade; or
  2. arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to an amount equivalent to the sum paid by you to us for the goods.

  1. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

We do not warrant or guarantee:

  1. the results of the use of our goods;
  2. the use of the goods will be uninterrupted;
  3. the compatibility of third party devices with our goods;

We shall not be liable to you or any third party in any way whatsoever for:

  1. for you providing incorrect personal and billing information to us;
  2. if we discontinue any of our goods;
  3. for a failure of the goods that is attributable to any act or omission on your part and your omission to strictly comply with our goods use guidelines which can be found at https://seavu.com/guides
  4. if a third party device does not perform or is not compatible with our goods;

In no event shall we (including our directors, officers and employees) be liable for any injury, loss, claim or any direct, indirect, consequential, incidental, punitive or special damages or any similar damages arising from your use of our goods, or for any other claim related in any way to your use of our goods.  

  1. Third Party Indemnification

You agree to indemnify, defend and hold harmless Seavu Pty Ltd and our directors from any claim or demands made by third parties arising out of your breach of these terms of trade.

  1. Intellectual property

The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property at all times.

  1. Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. Severability

If any provision of these terms of trade are determined unlawful, unenforceable or void such provision shall be severed from these terms of trade whilst the remaining provisions remain unaffected and are enforceable and valid.

  1. Survival upon Termination

All obligations and liabilities incurred prior to the termination of this agreement shall survive and those obligations and liabilities shall endure termination of this agreement.  

  1. Entire agreement

The above terms of service constitute the entire agreement of the parties, including any links or references to conditions or policies, and supersede any and all preceding and contemporaneous agreements between you and us. 

  1. Governing law

These terms of service are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

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Shipping Information

Australia
Free Shipping (1-5 days)

New Zealand
$50 Shipping (5-8 days)

Asia Pacific 
$100 Shipping (5-15 days)
Hong Kong, India, Indonesia, Japan, Maldives, North Korea, Singapore, South Korea, Taiwan, Thailand, Vietnam, American Samoa, Bangladesh, Cambodia, Cook Islands, Fiji, French Polynesia, Guam, Kiribati, Laos, Macao, Marshall Islands, Micronesia, Nauru, New Caledonia, Niue, Nepal, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Solomon Islands, Sri Lanka, Timor Leste, Tokelau, Tonga, Tuvalu, Vanuatu, Wallis and Futuna.

US & Canada 
$100 Shipping (6-9 days)
USA, United States Minor Outlying Islands, Canada.

UK & Europe 
$150 Shipping (6-15 days)
UK, Ireland, France, Germany, Italy, Netherlands, Norway, Spain, Sweden, Switzerland, Albania, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Iceland, Kosovo, Malta, Montenegro, North Macedonia, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Turkey, Ukraine.

Rest of World 
$250 Shipping (10-25 days)
Afghanistan, Algeria, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Ascension and Tristan da Cunha, Azerbaijan, Bahamas, Bahrain, Barbados, Belarus, Belize, Benin, Bermuda, Bhutan, Bolivia, Brazil, Burkina Faso, Burundi, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, Chile, Colombia, Comoros, Congo (Democratic Republic), Congo (Republic), Costa Rica, Cote d’Ivoire, Croatia, Cuba, Curacao, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, Eswatini, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, French Guiana, Gabon, Gambia, Georgia, Ghana, Gibraltar, Greenland, Grenada, Guadeloupe, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Iran, Israel, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Martinique, Mauritania, Mauritius, Mexico, Moldova, Mongolia, Montserrat, Morocco, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Oman, Panama, Paraguay, Peru, Puerto Rico, Qatar, Reunion, Rwanda, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Martin (French part), Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Suriname, Syria, Tajikistan, Tanzania, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Turks and Caicos Islands, Uganda, United Arab Emirates, Uruguay, Uzbekistan, Venezuela, Virgin Islands (British), Virgin Islands (US), Yemen, Zambia, Zimbabwe.

Taxes & Duties

The shipping cost does not include any potential charges such as fees, taxes (e.g., VAT), or duties imposed by your country on international shipments. These charges differ from one country to another. It is your responsibility to cover these additional expenses, so please ensure you are ready to pay any customs fees or local taxes required to receive your package.

How long does it take?

Delivery times for orders usually range from 1 to 25 business days, although certain destinations may experience longer delivery periods. The exact timeframe depends on your location and the specific items you’ve purchased. Unfortunately, we are unable to provide a more precise estimate due to the intricate nature of international shipping. Please consider that customs authorities may hold packages for a number of days.

Tracking

You will receive an e-mail containing your tracking number as soon as your order has been shipped.

1. Definitions and Interpretation

1.1 Definitions

In this Agreement the following definitions apply:

  1. Ambassador means the key person set out in item 1 of SCHEDULE 1
  2. Ambassador’s Commission means the commission to be paid to the Ambassador by the Company for Ambassador referred sales as set out in SCHEDULE 4.
  3. Commencement Date means the date set out in item 1 of SCHEDULE 1;
  4. Discount Codes means the discount code or codes set out in item 1 of SCHEDULE 4.
  5. Endorsement Services means the promotional and endorsement services provided by the Ambassador that are referred to in clause 3(a) and set out in SCHEDULE 2;
  6. Intellectual Property means any and all intellectual and industrial property rights that are described in SCHEDULE 3;
  7. Products means the goods to be endorsed by the Ambassador that are described in SCHEDULE 5, including new Products that may be produced by the Company as agreed in writing between the parties;
  8. Promotional Material means the promotional material for the Products created by the Ambassador using the Intellectual Property, including name, likeness or signature of the Ambassador, and the photographs and video material including the Ambassador that the Ambassador creates as the result of the Ambassador providing the Endorsement Services;
  9. Term means the period of time described in clause 2 and item 3 of SCHEDULE 1;
  10. Territory means the geographical locations described in item 4 of SCHEDULE 1;

1.2 Interpretation

In this Agreement:

  1. a reference in this Agreement to a statute or a section of a statute includes all amendments to that statute or section passed in substitution for the statute or section referred to and incorporating any of its provisions;
  2. “related body corporate” will have the meaning as defined in the Corporations Act 2001 (Cth);
  3. this Agreement must not be interpreted adversely to a party only because that party was responsible for preparing it;
  4. headings are for convenience only and do not affect the interpretation of this Agreement;
  5. references to a person or words denoting a person includes a company, statutory corporation, partnership, joint venture and association, and includes that person’s legal personal representatives, executors, administrators, successors and permitted assigns;
  6. every obligation entered into by two or more parties binds them jointly and each of them severally;
  7. where any word or phrase is defined in this Agreement, any other grammatical form of that word or phrase will have a corresponding meaning;
  8. “includes”, “including” and similar expressions are not words of limitation;
  9. all monetary amounts are in Australian dollars; and.
  10. reference to any agreement or other document annexed to or referred to in this Agreement includes any amendments to it and any documents in addition to or in substitution for it which has been approved in writing by the parties to this Agreement.

2. Commencement and Term

This Agreement commences on the Commencement Date and continues subject to any rights of early termination under clause 8 for a period of time set out in item 3 of SCHEDULE 1.

3. Endorsement and Promotion of Products

  1. The Ambassador agrees to:
    1. provide the non-exclusive Endorsement Services to the Company in the Territory for the period of time set out in item 3 of SCHEDULE 1 starting on the Commencement Date set out in item 1 of SCHEDULE 1;
    2. use reasonable endeavours to promote the Products in a matter consistent with the authorised use of the Products on the Ambassador’s social media accounts and website;
  2. This Agreement does not affect or restrict the Ambassador’s right to advertise, endorse or promote any goods and services in the Territory that do not compete with the Company’s Products.

4. Intellectual Property

  1. The Ambassador acknowledges that all Intellectual Property belong to the Company absolutely for its own use and benefit.
  2. The Ambassador grants to the Company a non-exclusive licence to use the Promotional Materials on the Company’s social media accounts, websites and other promotional materials and this clause shall endure beyond the termination of this agreement.

5. Warranties

The Ambassador warrants during the Term of this Agreement that:

  1. the Ambassador has the right to market and promote the name, personality, likeness, reputation, signature and visual image of the Ambassador in a manner contemplated by this Agreement;
  2. no similar licence has been granted to any other party in order to promote or endorse any product or service that competes with Products;
  3. the execution of the Agreement or performance by the Ambassador will not cause it to be in breach of any agreement to which it is a party; 
  4. the Ambassador will not advocate illegal activity or be obscene, defamatory or otherwise violate the rights of any nature whatsoever of any person;
  5. the Ambassador will not communicate or publish any material that is inconsistent with a positive image or goodwill relating to the Company;
  6. it is responsible for all costs and expenses in relation to this Agreement, including the provision of the Endorsement Services; and.
  7. the Ambassador will not do anything which will or will be likely to bring the Ambassador, the Company or the Product into public disrepute.

6. Ambassador's obligations

  1. The Ambassador must provide copies of all Promotional Materials to the Company as soon as is practicable after the production of the Promotional Materials.
  2. The Ambassador agrees that it will not during the Term of this Agreement or any extension or renewal provide its professional services in any manner whatsoever to any person or Company with the purpose or effect or likely effect of promoting any goods or services that compete in the Territory with the Product.
  3. The Ambassador must keep confidential all information relating to the business of the Company out of the public domain including but not limited to business and marketing plans, projections, arrangements and agreements with third parties and customer information imparted to the Ambassador during the period of this Agreement.
  4. Regardless the provisions of clause 6(b) the Ambassador may disclose information if and to the extent that:
    1. such disclosure is forced by laws, regulations or orders;
    2. the information is generally available in the public domain except where that is a result of a disclosure in breach of this Agreement; and
    3. the Ambassador can prove that it knew the information before the information was disclosed to it by the Company.

7. Company’s Obligation

  1. The Company agrees that it:
    1. shall provide the Products to the Ambassador to enable the Ambassador to provide the Endorsement Services;
    2. shall provide merchandise to the Ambassador for the Ambassador to wear in the provision of the Endorsement Services;
    3. has the discretion to use the Promotional Material on the Company’s social media accounts and website and the Company’s other promotional material;
    4. shall provide support to the Ambassador to enable the Ambassador to understand and use the functionality of the Products;
    5. has the discretion to provide the Ambassador with new Products developed by the Company;
    6. will enable the Discount Codes to provide a discount to the Ambassador’s referred clients who purchase the Product’s on the Company’s website;
    7. will pay the Ambassador’s Commission in accordance with the terms stated in SCHEDULE 4.

8. Termination

  1. This Agreement may be terminated by the Company in any of the following circumstances:
    1. with 7 days’ written notice for convenience;
    2. if during the Term the Ambassador is unable to perform the services required to be provided under this Agreement by reason of its death, illness or physical or mental disability;
    3. if the Ambassador is in breach of any terms of this Agreement which have not been rectified within 7 days of notice being given in writing by the Company specifying the nature of such default and matters to be attended in order to rectify the default;
    4. if the Ambassador is arrested or convicted of any criminal offence other than an offence which in the reasonable opinion of the Company does not affect the advertising and promotion of the Product; and
    5. if the Ambassador does anything which in the reasonable opinion of the Company is a breach of clause 5(d) or will or will be likely to bring the Ambassador, the Company or the Product into public disrepute.
  2. This Agreement may be terminated by the Ambassador in any of the following circumstances:
    1. if the Company breaches any terms of this Agreement which has not been rectified within 7 days of the Ambassador providing such notice in writing specifying the nature of default;
    2. upon the happening of any of the following insolvency events:
      1. a receiver, receiver and manager, administrator, liquidator or similar officer is appointed to the Company or any of its assets;
      2. the Company enters into, or resolves to, enter into, a scheme  or arrangement, compromise or composition with any class of creditors;
      3. a resolution is passed or an application to a court is taken for the winding up, dissolution, official management or administration of the Company; or
      4. anything having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.
    3. On the expiry or early termination of this Agreement, Ambassador will cease to provide the Endorsement Services.

9. Indemnity

  1. The Ambassador agrees to hold the Company, its officers, agents, assignees and employees harmless from any liability from any injury, damage or claim suffered by the Ambassador arising from or relating to this Agreement and the Ambassador’s provision of the Endorsed Services.  

10. Dispute Resolution

  1. If a dispute arises in connection with this Agreement, a party may give the other party a notice specifying the dispute.
  2. Within 5 business days after the notice is given, each party may nominate in writing a representative to settle the dispute on its behalf.
  3. Within 7 business days after the notice is given, the parties must confer to resolve the dispute or to decide the method of resolving the dispute. Each party must use its best efforts to resolve the dispute.
  4. Unless the parties otherwise agree, the dispute must be referred to mediation if not resolved within 14 business days after the notice is given.
  5. The parties must appoint a mediator within 21 business days after the notice is given. If the parties fail to agree on a mediator, the mediator must be nominated by the President of the Law Institute of Victoria.
  6. Unless otherwise agreed by the parties in writing, the mediator’s decision is not binding on the parties. The role of the mediator is to assist in negotiating a resolution to the dispute.
  7. If the dispute is not resolved within 21 business days after the mediator’s appointment, then the mediation ends.
  8. The dispute resolution process does not affect any party’s obligations under this Agreement.
  9. Each party is to pay its own costs of the mediation process.
  10. The parties are to pay, in equal shares, the mediator’s costs and any other third party costs required by the mediator.
  11. If a dispute arises in relation to this Agreement, each party must keep confidential:
    1. all information or documents disclosed in the course of resolving the dispute before the appointment of the mediator;
    2. all information or documents disclosed in the course of the mediation;
    3. all information and documents about the existence, conduct, status or outcomes of the mediation; and
    4. all information and documents relating to the terms of any mediation settlement agreement.
  12. Neither party may commence court proceedings, in any jurisdiction, until the mediation ends. This does not affect either party’s right to seek urgent injunctive or declaratory relief.

11. Notices

  1. All notices required or permitted hereunder must be in writing in English and the address for service of notices is either the postal address or email address of the party to be served as stated in this Agreement or any postal address or email address such party may have designated in writing as the address for service of notices.
  2. Notices sent to the recipient’s postal address must be sent by registered or certified mail, return receipt requested.
  3. Unless otherwise specified, notices must be deemed to have been delivered when receipt is acknowledged by the recipient or 72 hours from the time the notice is sent (whichever is sooner).
  4. In relation to email, receipt is deemed to be acknowledged by the recipient by a delivery receipt notification generated by the recipient’s email system after sending of the email containing the notice or to which the notice is attached. Emailing notices will constitute sufficient and effective delivery when delivered to the recipient’s email account, whether or not the specific electronic communication is accessed or read.

12. Limitation on assignment

  1. The Ambassador must not assign all or any of its rights given to it under this Agreement without the prior written consent of the Company, which consent the Company may grant or not in its absolute discretion;
  2. The Company may at its discretion assign all or any of its rights under this Agreement.

13. Further agreements

Each party must execute such agreements, deeds and documents and do or cause to be executed or done all such acts and things as necessary to give effect to this Agreement.

14. General provisions

  1. No partnership or agency relationship
    Nothing contained in this Agreement must be deemed to constitute partnership between the parties and nothing contained in this Agreement must deem either party to be the agent of the other party and the Affiliate must not hold itself out as, engage in any conduct or make any representation which may suggest to any person that the Licensee is for any purposes, the agent of the Company.
  2. Electronic Execution
    The parties agree that this Agreement may be delivered and executed electronically.
  3. Confidentiality
    The parties acknowledge and covenant to keep the contents of this Agreement and the obligations of each party arising from this Agreement confidential and will not make any disclosures in this regard to any other party or entity unless as required by law.
  4. Entire agreement
    This Agreement sets out the entire agreement between the parties and it replaces all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter and this Agreement may not be modified except by written agreement signed by each party.
  5. No waiver
    Failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver. A single or partial exercise of any right, power or remedy does not preclude any further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
  6. Severance
    If any provision of this Agreement is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
  7. Jurisdiction
    This Agreement is subject to the laws of the State of Victoria with the Courts of the State of Victoria having exclusive jurisdiction over any disputes arising in respect of this Agreement.
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