Terms of Service

How we do business with your organisation.

Table of Contents

Summary

This website is operated by Culture Tech Pty Ltd (Culture Tech). Throughout the site, the terms “we”, “us” and “our” refer to Culture Tech. We provide this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Operative

  1. These T&Cs apply to Services undertaken by Culture Tech to any Customer unless otherwise agreed in writing.

  2. These T&Cs are governed by the Laws of Australia.

  3. The Customer is the person and/or entity who wish to engage Culture Tech to provide Services by Service Orders placed from time to time.

  4. Culture Tech has agreed to provide and the Customer has agreed to receive Services on the terms and conditions set out in these T&Cs.

  5. Culture Tech and the Customer agree that these T&Cs are legally binding upon each of the parties.

  6. These T&Cs are binding on Culture Tech, the Customer and each of their respective heirs, administrators, executors, personal representatives, dependants and successors.

  7. Where the Customer is a ‘Trustee of the Trust’, these T&Cs bind the Customer in its own right and in its capacity as Trustee of the Trust. The Customer acknowledges and agrees that Culture Tech may institute proceedings and/or seek recourse to recover any monies owed to it, whether the assets are owned beneficially or held by it in its capacity as Trustee of a Trust.

Service Orders

  1. The Customer must place a Service Order with Culture Tech through our website or in writing and must be executed or signed by a duly authorised officer of the Customer or the Customer personally.

  2. Where the Customer (for any reason whatsoever) cancels the whole or part of a Service Order then, in addition to any other rights and remedies at law or in equity, the Customer acknowledges and agrees that Culture Tech shall be entitled to recover all liability or costs howsoever incurred by Culture Tech in respect of the cancelled Service Order.

Payment Terms

  1. Where the Customer does not hold a Credit Account with Culture Tech, the Customer must make payment in full for the Services prior to the performance of the Services or delivery of the Goods by the Customer’s agent from Culture Tech (whichever is earliest as the case may be).

  2. Where the Customer holds a Credit Account with Culture Tech, the Customer must make payment in full for the Services within time period specified in writing for payment of the Services by Culture Tech as a condition of purchase.

Late Payment

  1. If the Customer fails to pay a Tax Invoice or any part of a Tax Invoice, the Customer shall pay interest on the outstanding amount at the Interest Rate from the date that is thirty (30) days from date on which payment was due up until and including the date that Culture Tech receives payment of the outstanding amount. For the avoidance of doubt, the imposition of interest on any outstanding portion of a Tax Invoice will not prejudice Culture Tech’s rights under these T&Cs.

  2. The Customer must pay Culture Tech for any reasonable costs Culture Tech incurs (including but not limited to legal costs on a solicitor and own client basis) in recovering any amounts the Customer owes under these T&Cs.

  3. The Customer unconditionally and irrevocably indemnifies Culture Tech against, and therefore must pay Culture Tech on demand for, any loss, liability or costs incurred directly or indirectly if:

(a)  the Customer fails to make payment of any Tax Invoice or arrangement under which it is expressed to be owing (including but limited to any enforcement costs); or

(b)  the Customer otherwise defaults under these T&Cs.

  1. Culture Tech may at time withhold a Service Order where the Customer:

(a) fails to make payment of a Tax Invoice or any interest applicable thereon in accordance with these T&Cs; or

(b) fails to make payment for Services purchased under a Credit Account in accordance with these T&Cs unless otherwise agreed in writing by parties.

Title

16. Subject to clauses 18, 21 and 23 , title to the Goods constituting the Service Order shall pass to the Customer free of encumbrances and all other adverse interests upon receipt by Culture Tech of payment of the Price in full.

17. Until title to the Goods passes to the Customer in accordance with clause 16, Culture Tech holds a security interest in the Goods and all proceeds from the sale of the Goods as contemplated under the PPSA.

18. Notwithstanding any other term of these T&Cs, the Customer acknowledges and agrees that all Intellectual Property used or developed by Culture Tech in connection with the Services remains the sole property of Culture Tech.

19. The Customer must protect Culture Tech’s Intellectual Property in the Services, including making clear to others that Culture Tech is the owner of the Goods. The Customer must not allow, without the prior written consent of Culture Tech, for the Goods to be altered in anyway that is inconsistent with Culture Tech’s ownership.

20. In connection with the Services, Culture Tech states to the Customer that:

  1. (a)  Culture Tech has the right to supply the Goods and perform the Services to the Customer;

  2. (b)  the activities of Culture Tech in supplying the Goods and performing the Services do not infringe the rights of the owner of the Goods (where Culture Tech is not the owner of the Goods); and

  3. (c)  if the Goods are not owned by Culture Tech, that Culture Tech is authorised to supply the Goods and/or perform the Services to the Customer.

21. The Customer covenants and agrees that Culture Tech retains all rights, title and interest to and sole ownership of the Source Code whereby Culture Tech shall grant an irrevocable, royalty free, non- exclusive licence to use the Intellectual Property solely in connection with the Services.

22. Culture Tech covenants and agrees that the Customer retains all rights, title and interest to and sole ownership of the Content.

23. The Customer covenants and agrees that Culture Tech retains all rights, title and interest to and sole ownership of the Design.

Rights in Relation to the Goods​

24. Culture Tech reserves the right in relation to the Services until all accounts owed by the Customer to Culture Tech are fully paid. These rights include but are not limited to:

  1. (a)  entry to the Customer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and

  2. (b)  subject to, and in accordance with, the PPSA, to keep or resell any Goods possessed pursuant to clause 24(a).

25. The Customer must at all times ensure the Goods are kept in good and substantial repair. Culture Tech will make due allowance for normal wear and tear but the Goods must at all times be capable of being operated fully and efficiently for the purpose, and to the capacity, for which the Goods were intended.

26. The Customer will be fully responsible to Culture Tech for any loss of or damage to the Goods (however occasioned). The Customer must give reasonable notice to Culture Tech in writing of any such loss or damage (of a substantial or material nature/in excess of normal wear and tear).

27. The Customer must ensure that a reasonable security deposit is held where the Goods are to be used by its clients at the Location and immediately provide the security deposit to Culture Tech where any loss or damage to Goods occur (however occasioned).

  1. The Customer must only operate and maintain the Goods in accordance with recognised methods and standards for Goods of their type and only by competent and (where appropriate) properly qualified, trained and licensed personnel and by appropriate methods and standards of operation. Without limiting the generality of this clause 28, the Customer must comply in all respects with the instructions and recommendations of the manufacturer or other supplier relating to the Goods and to their use, in particular where any failure in compliance would limit the obligations of that person to Culture Tech or the Customer under any statute, agreement or otherwise.

  2. The Customer must comply in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful operation of the Goods.

  3. The Customer grants Culture Tech the right, and will use its best endeavours to ensure that others grant Culture Tech the right, at all reasonable times upon Culture Tech giving the Customer reasonable notice and without unduly interfering with the Customer’s operations, to:

(a)  enter with its servants, agents and experts upon or into the Location;

(b)  inspect the state of repair of the Goods;

(c)  carry out such tests on the Goods as may seem necessary to Culture Tech;

(d)  observe the use of the Goods;

(e)  inspect any maintenance records in respect of the Goods; and

(f)  do any act, matter or thing which may be required to be done to give proper effect to the terms of this Agreement or to protect the Culture Tech’s rights in the Culture Tech.

Passing of Risk​

31. The Customer agrees to use, operate and possess the Goods at the Customer’s risk. The Customer agrees that Culture Tech will have no responsibility or liability for any loss or damage to any property of the Customer. To the full extent permitted by law the Customer releases and discharges Culture Tech and its agents and employees from:

(a)  all claims and demands on Culture Tech; and

(b)  any loss or damage whatsoever and whenever caused to the Customer or its agents or employees whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise,

arising directly or indirectly from or incidental to a breakdown of, or defect in, the Goods or any accident to or involving the Goods or their use, operation, repair, maintenance or storage (whether occasioned by the negligence of Culture Tech or otherwise) or which may otherwise be suffered or sustained in, upon or near the Goods.

Indemnity

32. The Customer assumes liability for, and indemnifies and will keep indemnified, protected, saved and harmless Culture Tech and its agents and employees from and against any and all injuries, actions, proceedings, claims, demands, liabilities, losses, damages, costs, penalties and all expenses legal or otherwise (including court costs and legal fees reasonably incurred) and of whatsoever kind and nature (including claims based upon strict liability in tort):

(a)  arising out of or alleged to arise out of the delivery, selection, purchase, acceptance or rejection, ownership, possession, use (including by reason of the use or incorporation of any invention resulting in infringements of patents), repair, maintenance, storage, or operation of the Goods, and by whomsoever used or operated (except where used by Culture Tech or any person on behalf of Culture Tech); or

(b)  incurred by Culture Tech in respect of any loss of the Goods by seizure, distress, execution or other legal process, confiscation or forfeiture of the Goods; or

(c)  arising out of any claim for patent, trademark or copyright infringement, for strict liability, or for any other reason being made against Culture Tech in connection with the Goods or their operation.

33. The indemnities and assumptions of liability contained in clauses 31 and 32 will continue in full force and effect notwithstanding the termination of these T&Cs whether by expiration of time or otherwise as to any act or omission relating to the Goods occurring during the continuance of these T&Cs which at any time is claimed to have created a cause of action against Culture Tech or assumption of liability by the Customer. The indemnities and assumption of liability against any claims for patent infringements will continue in full force and effect throughout the life of the Goods, except as to any alterations or modifications to the Goods occurring after the termination of these T&Cs.

Costs

  1. Where any costs for Goods or Services are provided by Culture Tech to the Customer as ‘a quote’ within the Service Order the quote cost provided will be based solely on information and/or specifications supplied by the Customer.

  2. Where Culture Tech considers that such information and/or specifications are inadequate, lacking in details, incomplete and/or contain errors:

(a)  The Customer will indemnify Culture Tech for any cost (if any) that Culture Tech may have incurred prior to the inadequacy or error becoming known. The Customer warrants and agrees that Culture Tech may charge the Customer for the extra costs for the Services at the Schedule of Rates of Culture Tech at the time the Services are supplied.

(b) All pricing is subject to change. Culture Tech will contact the Customer in writing in the event a price change occurs.

(c) Culture Tech may issue to the Customer a revised quote for the Services the Customer has requested Culture Tech to supply or where applicable Culture Tech may issue a variation quote for the Services.

Variations

36. Subject to clause 35, there will be no variation to the Services unless agreed to by Culture Tech and the Customer in writing.

37. Culture Tech is not liable or responsible to the Customer nor any other third party for any loss, cost or expense to the extent it is caused by or attributable to any delay in the Customer accepting or rejecting the proposed variation pursuant to clause 36.

38. Any additional Services to be supplied as a result of any acceptance of deemed variation under clause 36 shall be charged to the Customer by Culture Tech in accordance with the Schedule of Rates of Culture Tech at the time the Goods are supplied and the Services performed.

Return of Goods

31. The Customer agrees to use, operate and possess the Goods at the Customer’s risk. The Customer agrees that Culture Tech will have no responsibility or liability for any loss or damage to any property of the Customer. To the full extent permitted by law the Customer releases and discharges Culture Tech and its agents and employees from:

(a)  all claims and demands on Culture Tech; and

(b)  any loss or damage whatsoever and whenever caused to the Customer or its agents or employees whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise,

arising directly or indirectly from or incidental to a breakdown of, or defect in, the Goods or any accident to or involving the Goods or their use, operation, repair, maintenance or storage (whether occasioned by the negligence of Culture Tech or otherwise) or which may otherwise be suffered or sustained in, upon or near the Goods.

GST

42. Unless specially described as being ‘GST-inclusive’, any consideration to be paid or provided for a supply made under or in connection with these T&Cs does not include any amount on account of GST, and is ‘GST-exclusive’.

43. Where pursuant to the GST Law any supply to be made by a party (Supplier) to another party (Recipient) under or in connection with these T&Cs, is subject to GST (other than a supply in consideration for which is specifically described in these T&Cs as GST-inclusive) then:

(a)  the consideration payable or to be provided for that supply under these T&Cs will be increased by, and the Recipient will pay to the Supplier, an amount equal to the GST calculated according to the GST Law; and

(b)  the Recipient must pay that additional GST amount at the same time and in the same manner as the GST-exclusive consideration is paid or provided; and

(c)  a reference to the consideration payable for a supply includes the value of any non-monetary consideration for the supply.

Provision of Tax Invoice

44. If the Supplier is Registered or required to be Registered, the Supplier must provide a GST compliant Tax Invoice in connection with any supply made by it pursuant to these T&Cs, failing which the Recipient will not be obliged to make any payment for that supply.

Goods and Services Excluded

  1. Should the Customer require the inclusion of any Goods or Services not included in the Service Order the Customer shall be charged by Culture Tech in accordance with the Schedule of Rates of Culture Tech at the time the Goods are supplied.

  2. The Customer acknowledges and agrees that the Service Order may include allowance for disbursements which will be incurred on the Customer’s behalf and may be subject to GST. Disbursements include but are not limited to:

(a)  government charges, taxes and duties;

(b)  other consultant and experts’ fees; and

(c)  freight, delivery and packaging costs.

Certification

47. A certificate signed by an Authorised Officer of Culture Tech certifying the value of the Services supplied shall be regarded as being true and correct.

Exclusion/Limitations of Implied Conditions

48. In circumstances where Goods included within the Services come with guarantees that cannot be excluded under The Australia Consumer Law, the Customer is entitled to either:

(a)  a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage; or

(b)  replacement or repair of the Goods where the Goods fail to be of acceptable quality (as defined under section 54(2) of The Australian Consumer Law) and failure does not amount to a major failure.

  1. In circumstances where Services come with guarantees that cannot be excluded under The Australia Consumer Law, the Customer is entitled
    to either:

(a)  terminate the Service Order; or

(b)  recover compensation for any reduction in the value of the Services below the Price paid or payable by the Customer for
the Services.

50. Subject to clauses 48 and 49 and to the extent permitted by law, Culture Tech excludes all implied conditions and warranties, except for
any implied condition or warranty where the exclusion of which would
contravene any statute or cause this clause to be void.

51. Culture Tech’s liability to the Customer for breach of any non- excludable Condition (other than an implied warranty) is limited, at Culture Tech’s discretion, to refunding the costs of the Goods in respect of the specific Services or Goods which have caused the breach to occur. In these circumstances Culture Tech may opt to provide those Goods, which has caused the breach to occur, again to the Customer.

Insurance

52. The Customer must effect and maintain at all times whilst in possession and use of the Goods the following insurances:

(a) insurance with respect to the Customer’s liability to Culture Tech pursuant to the indemnity provisions in clauses 32 and 33;

(b) insurance against all third party risks including liability for damage or injury of any kind to any property or person and also against other risks to the full extent required by law by a policy inuring for the benefit of Culture Tech and the Customer; and

(c) public liability insurance relating to the Goods for an indemnity (including damage to property of any person) of not less than $20,000,000.00 or such other amount as Culture Tech may from time to time reasonably stipulate for any one accident.

Limitation of Liability

53. Culture Tech shall not be liable in any way for items left in the Goods in the event of fire, theft or any other cause outside of Culture Tech’s control.

54. Culture Tech shall not be liable for any loss (including but not limited to consequential or indirect loss) or damage the Customer suffers (whether due to negligence or otherwise) as a result of any reasonable delays in the Services being supplied by Culture Tech.

55. Culture Tech shall not be liable for any loss (including but not limited to consequential or indirect loss) or damage the Customer suffers (whether due to negligence or otherwise) as a result of any delays in the Services being supplied by Culture Tech because of:

(a)  an act, default, omission of, or a representation made by, any person other than Culture Tech, or an agent or employee of Culture Tech; or

(b)  a cause independent of human control that occurred after the Services were supplied.

56. Culture Tech is only liable to the Customer for damages which are suffered by the Customer as a direct result of the actions of Culture Tech. Culture Tech is not liable for:

(a)  any indirect damage or loss suffered by the Culture Tech; or

(b)  the requirements of other trades, services or professions connected with the Goods, unless such requirements are specifically noted as such on the Service Order produced by Culture Tech.

Severability

57. Where any clause of these T&Cs are found by a Court of competent jurisdiction to be illegal or unenforceable at law, that specific clause or clauses may be removed from these T&Cs, however the remaining clauses of these T&Cs will continue to be operative and binding to the full extent of their effect.

Termination

58. Culture Tech may terminate these T&Cs on the following grounds with immediate effect by giving notice to the Customer where:

(a)The Customer breaches any clause of these T&Cs or fails to remedy the breach within seven (7) days upon receiving notice from Culture Tech to do so;

(b) The Customer breached a clause of these T&Cs and the breach committed by the Customer is not capable of remedy; or

(c) The Customer becomes ‘Insolvent’ and/or ‘Bankrupt’ as defined the Corporations Act or Bankruptcy Act, including where the Customer is alleged by a third party or Culture Tech as being insolvent and/or bankrupt.

Assignment

59. The Customer is prohibited from assigning without the prior written consent of Culture Tech, which consent must not be unreasonably be withheld and/or delayed.

Security

60. Despite anything to the contrary contained herein or any other rights which Culture Tech may have whatsoever:

(a)  where the Customer is the owner of land, realty or any other asset capable of being charged, both the Customer agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Culture Tech (or Culture Tech’s nominee) to secure all amounts and other monetary obligations payable under these T&Cs.

(b)  The Customer acknowledge and agree that Culture Tech (or Culture Tech’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

  1. Should Culture Tech elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer shall indemnify Culture Tech from and against all of Culture Tech’s costs and disbursements including legal costs on a solicitor and own Customer basis.

  2. The Customer agree to irrevocably nominate constitute and appoint Culture Tech (or Culture Tech’s nominee) as the Customer’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

  3. This Agreement provides for consent to the registration of a ‘security interest’ for the purposes of the PPSA. References to PPSA in these T&Cs include references to amended, replacement and successor provisions or legislation.

  4. The Customer must do anything (such as obtaining consents and signing documents) which Culture Tech requires for the purposes of:

(a)  ensuring Culture Tech’s security interest is enforceable, perfected and otherwise effective under the PPSA;

(b)  enabling Culture Tech to obtain first priority (or any other priority agreed to by Culture Tech in writing) for its security interest; and

(c)  Culture Tech exercising its rights in connection with the security interest.

65. The rights of Culture Tech under these T&Cs are in addition to and not in substitution for Culture Tech’s rights under other law (including the PPSA) and Culture Tech may choose whether to exercise rights under this Agreement, and/or under such other law, as it sees fit.

66. For the avoidance of doubt Culture Tech’s security interest will attach to proceeds.

67. To the extent that Chapter 4 of PPSA applies to any security interest under this Agreement, the following provisions of the PPSA do not apply and, for the purposes of section 115 of the PPSA are ‘contracted out’ of this agreement in respect of all goods to which that section can be applied: section 95 (notice of removal of accession to the extent it requires Culture Tech to give a notice to the Customer); section 96 (retention of accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires Culture Tech to give a notice to the Customer); section 129(2) and 129(3); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (re-instatement of security agreement).

68. The following provisions of the PPSA confer rights on Culture Tech: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral) confer rights on Culture Tech. The Customer agrees that in addition to those rights, Culture Tech shall, if there is default by Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods, not only under those sections but also, as additional and independent rights, under this Agreement and the Customer agrees that Culture Tech may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.

69. The Customer waives its rights to receive a verification statement in relation to registration events in respect of commercial property under section 157 of the PPSA.

70. Culture Tech and the Customer agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. The Customer must do everything necessary on its part to ensure that section 275(6)(a) of the PPSA continues to apply. The Agreement in this sub-clause is made solely for the purpose of allowing Culture Tech the benefit of section 275 (6)(a) and Culture Tech shall not be liable to pay damages or any other compensation or be subject to injunction in respect of any actual or threatened breach of this sub-clause.

71. The Customer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPSA) other than with the express written consent of Culture Tech.

72. The Customer must take all steps including registration under PPSA as may be required to:

(a)  enable the Customer to gain (subject always to the rights of Culture Tech) first priority (or any other priority agreed to by Culture Tech in writing) for the security interest; and

(b)  enable Culture Tech and the Customer to exercise their respective rights in connection with the security interest.

Privacy Policy

  1. The Customer consents to Culture Tech using information contained in the Service Order or Credit Account for the purpose of providing information regarding any goods and services.

  2. The Customer consents to Culture Tech disclosing any information contained in the Service Order or Credit Account for the purposes of providing information in respect of warranties, products and services related to the Goods or the Customer to:

    1. (a)  related corporation (as defined under section 9 of the Corporations Act 2001 (Cth)) and third party service providers;

    2. (b)  any entity to which Culture Tech are authorised or required by law to disclose information to;

    3. (c)  Culture Tech’s professional advisers, contractors or other service providers that Culture Tech engages to provide (or advise on) Goods; and

    4. (d)  any parties which Culture Tech notified the Customer of at the time the information is collected.

Definitions

In these T&Cs:

Authorised Officer’ means a person holding or acting in the office of director, chief executive or secretary, or whose title includes the word ‘Manager’, ‘Director’, ‘Counsel’ or a person notified to a party to act as its Authorised Officer for the purpose of these T&Cs.

Business Day’ means mean any day that banks are generally open for business in Darwin in the Northern Territory of Australia but not a Saturday, Sunday or a public holiday pursuant to the Public Holidays Act (NT).

Content’ means the information content held on the Customer’s website and/or app.

Credit Account’ means an account held by the Customer with Culture Tech on terms of credit specified by Culture Tech from time to time.

Culture Tech’ means Culture Tech Pty Ltd (ACN 162 666 220) and includes its principals, directors, officers, contractors and employees.

Customer’ means person or body corporate (whether incorporated or unincorporated) receiving the Services named in the Tax Invoice as the Recipient.

Design’ means the design or layout of the Customer’s website and/or app.

Goods’ means the Design, Content, Source Code and any chattels which are required for or incidental to the Services.

GST’ means Goods and Services Tax pursuant to the GST Act.

GST Act’ means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

GST Law’ means the GST Act and any associated legislation including without limitation delegated legislation.

GST, Registered, supply, tax invoice’ and any other expression used that is defined in the GST Law has that defined meaning.

Intellectual Property’ means all intellectual and industrial property rights used in connection with the Services.

Interest Rate’ means the rate that is two per cent (2%) above Culture Tech’s bank for unsecured overdraft accommodation over $100,000.00 on the date that payment is made.

Location’ means the location provided for under the Service Order in the Northern Territory of Australia.

PPSA’ means the Personal Property Securities Act 2009 (Cth).

Price’ means the amount specified within the Tax Invoice for the supply of the Goods and performance of the Services to the Customer.

Quote’ means the estimated Price for the Services provided by Culture Tech to perform the Works as set out in the Service Order.

Schedule of Rates’ means the hourly rates charged by Culture Tech as outlined in the Quote.

Service Order’ means any order placed for the provision of Services (including the hire of any Goods required to complete or incidental to the Services) by Culture Tech in accordance with clause 8.

Services’ means the provision of any services (including any Goods required to complete or incidental to the Services) that are the subject of these T&Cs.

Source Code’ means the software source code, html and all program code relating to the Customer’s website and/or app developed in connection with the Services.

T&Cs’ means these terms and conditions and includes all schedules and annexures.

The Australian Consumer Law’ means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Work’ means the services to be performed by Culture Tech as set out in the Service Order in accordance with these T&Cs.

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