Terms and Conditions

About the Website

1. Welcome to luxewalls.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
2. The Website is operated by Luxe Walls PTY. LTD. (ABN 38 614 707 327). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by LuxeWalls. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
3. Luxe Walls reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Luxe Walls updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

1. You accept the Terms by remaining on the Website.
2. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Luxe Walls in the user interface. A contract comes into existence when Luxe Walls accepts your order for the Products. Any order not accepted by Luxe Walls will be regarded as having been refused by Luxe Walls. You may not alter or modify your order after it is accepted by Luxe Walls without the written consent of an authorised employee of Luxe Walls.

Registration to use the Purchase Services

1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) an email address (b) preferred username (c) a mailing address (d) a telephone number (e) a password.
2. You warrant that any information you give to Luxe Walls in the course of completing the registration process will always be accurate, correct and up to date.
3. Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
4. You may not use the Purchase Services and may not accept the Terms if:
   (a)

   you are not of legal age to form a binding contract with Luxe Walls; or

   (b)

   you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your obligations as a Member

1. As a Member, you agree to comply with the following:
   You will use the Purchase Services only for purposes that are permitted by:
   (a)

   the Terms;

   (b)

   any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

   (c)

   you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

   (d)

   any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Luxe Walls of any unauthorised use of your password or email address or any breach of security of which you have become aware;

   (e)

   access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Luxe Walls providing the Purchase Services;

   (f)

   you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

   (g)

   you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Luxe Walls for any illegal or unauthorised use of the Website; and

   (h)

   you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Purchase of Products and Returns Policy

1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment o f the purchase price listed on the Website for the Product (the ‘Purchase Price‘) and that Luxe Walls will be entitled to add on GST for any supply in Australia. All prices on the Website are subject to change or withdrawal at any time prior to acceptance of an order by Luxe Walls.
2. Payment of the Purchase Price may be made through one of the following third party providers:
   (a)

   Paypal

   (b)

   Stripe

   (c)

   MasterCard

   (d)

   Visa

   (the ‘Payment Gateway Providers‘) In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

3. Payment must be made in full at the time of placing an order. We will not hold Products against your order or start to manufacture your Products if payment is not made in full or payment is declined by your bank or credit card issuer.

4. It is your responsibility to ensure that you provide accurate details at the time of ordering the Products and you agree that you will be liable for any damage or loss caused by incorrect details that you supply. Luxe Walls will not be responsible for any incorrect details that you provide for your order at checkout including the following:

   (a)

   Name;

   (b)

   Billing and Delivery Address;

   (c)

   Phone number;

   (d)

   Email address;

   (e)

   Product ordered;

   (f)

   Quantity of Product.
5. Following payment of the Purchase Price being confirmed by Luxe Walls, you will be issued with a receipt (‘the Receipt’) to confirm that the payment has been received and Luxe Walls may record your purchase details for future use.
6. Orders cannot be cancelled or refunds made after payment is processed, such as for example, buyer’s remorse. You will only be entitled to a refund for faulty Products as required by law.

7. It is your responsibility to inspect your Products on delivery and any faults must be processed as follows:

   (a)

   For faulty merchandise, you must contact us within 7 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Products. Please contact us by phone or email as follows:
   Phone: [Insert]
   Email: [Insert]

   (b)

   You are responsible for returning the Products to Luxe Walls. Faulty products will only be accepted for credit if returned within 14 days of the date of delivery and must be accompanied by the Receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault.

   (c)

   If the reason for the return is a faulty panel (s), we will make reasonable efforts to replace the faulty panel (s) within 7 to 14 days of receiving the faulty panels from you.

   (d)

   No credit will be allowed for Products that have been used, modified or damaged or where you have not notified us of the alleged default within 7 calendar days of delivery.

   (e)

   You agree that any postage and shipping costs will be at your expense. You are liable for any postage and shipping costs associated with any refund pursuant to this clause unless you are legally entitled to claim reasonable postage or transportation costs. To the maximum extent permissible at law, Luxe Walls disclaims any liability in respect of inaccuracies or errors in relation to the Products promoted at the Website including where arising out of incorrect information supplied to us or because of any manufacturers or suppliers changing the specifications of Products without notice to us.

8. You agree that the image specifications on our Website should only be relied on as a guide and is not determinative for assessing whether any digital material or images (the ‘Digital Content’) uploaded by you is of an acceptable quality for the Products that you order. You accept that you are responsible for the quality of Digital Content you upload to the Website and the resulting Products and that you may not return the Products for an exchange or refund in circumstances where:

   (a)

   you have submitted Digital Content that is of a low quality including as to resolution or size that will degrade when enlarged;

   (b)

   for any buyer’s remorse as it is your responsibility to determine whether the Digital Content you upload is fit for your purposes.
9. Other than as required by law, there is no exchange, return or refund on gift cards, coupons or any special offers. Please refer to the ‘Special Conditions” which are marked on a gift card, coupon or special offer.

10. Luxe Walls reserves the right to cancel or suspend an order for the purchase of Products on the following grounds:

    (a)

    due to the cancellation or suspension of any intellectual property licences or otherwise where Luxe Walls suspects or confirms a breach of intellectual property rights; or

    (b)

    the inability to authorise or process any payment including a credit card payment.
11. Luxe Walls may in its sole discretion elect not to accept an order from you. If your credit card has been charged and Luxe Walls has rejected your order, we will issue a credit to your credit card account within 28 calendar days.
12. The prices on the Website are not inclusive of shipping and handling charges unless otherwise depicted. Any prices are in AU$ currency unless stipulated in your local currency.

Warranty

1. Luxe Walls’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
2. You may make a claim under this clause (the ‘Warranty Claim‘) for material defects and workmanship in the Products within 2 years from the date of purchase (the ‘Warranty Period‘).
3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Luxe Walls showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Luxe Walls at Suite 302, 59 Great Buckingham Street, Redfern, NSW 2016, Australia or by email at [email protected].
4. Where the Warranty Claim is accepted then Luxe Walls will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
5. The Warranty shall be the sole and exclusive warranty granted by Luxe Walls and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling,or which has been altered or modified in design or construction.

Delivery

1. We ship within Australia and to the overseas countries listed on our Website. Please contact us by email if you require shipping to a country that is not listed on our Website.
2. You acknowledge that the Purchase Services offered by Luxe Walls integrate delivery (the’Delivery Services‘) through the use of third party delivery companies (the ‘Delivery Service Providers‘).
3. In providing the Purchase Services, Luxe Walls may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers.You acknowledge and agree that Luxe Walls is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

4. In the event that an item is lost or damaged in the course of the Delivery Services, Luxe Walls asks that you:

   (a)

   contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

   (b)

   contact us by sending an email to [email protected] outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
5. For locations in Australia, please allow 7 to 14 days for delivery by Delivery Service Providers. As delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 7 to 14 days.
6. The cost of any delivery and shipping through Australia Post will automatically be calculated for you on our Website.
7. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.
8. You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.
9. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.

Risk and Title

1. Notwithstanding delivery of any Products to you, the title in the Products shall remain with the Supplier until the price (inclusive of GST and delivery costs) thereof has been paid in full.However, the risk of loss or damage to the Products shall pass to you on delivery.

Copyright and Intellectual Property

1. The Website, the Purchase Services and all of the related products of Luxe Walls are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Luxe Walls or its contributors.

2. Luxe Walls retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

   (a)

   the business name, trading name, domain name, trade mark, industrial design, patent,registered design or copyright of Luxe Walls; or

   (b)

   the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

   (c)

   a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
3. You may not, without the prior written permission of Luxe Walls and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

4. You must not use any intellectual property or infringe any intellectual property rights including by uploading Digital Content to the Website without the written consent of the respective owner of the intellectual property. You must ensure that in relation to any Digital Content provided to Luxe Walls for incorporation into the Products that:

   (a)

   you own the property in the Digital Content or you have all the applicable rights to use the Intellectual property in the Digital Content, and

   (b)

   the Digital Content is not in contravention of legislation, any advertising or marketing laws or any other third party rights.
5. Luxe Walls reserves the right to but is not obliged to reject any Digital Content without notice and for any reason if Luxe Walls in its sole discretion considers any Digital Content to be objectionable or in violation of these Terms and Conditions including where Luxe Walls believes you are infringing the rights of intellectual property rights holders.
6. Luxe Walls as a provider of facilities only, accepts no responsibility whatsoever for and disclaims any liability for copyright infringement in relation to any intellectual property content that you submit or arising out of your submission of any Digital Content to Luxe Walls.
7. You grant to Luxe Walls a non-exclusive royalty-free licence to edit and use the Digital Content for the purpose of the supply of the Products. Upon Luxe Walls’s request and subject to your prior written authorisation, you may grant to Luxe Walls a non-exclusive royalty-free licence to make available the Digital Content for public viewing on the Website or any other social media channels for Luxe Walls’s advertising and promotional purposes. In each of these events, you grant to Lux Walls a genuine consent to deal with any of the moral rights in the Digital Content.
8. You warrant that the use of any or all of the intellectual property in the Digital Content according to these Terms and Conditions shall not result in the infringements of proprietary rights of third parties.
9. You agree to indemnify Luxe Walls against all liabilities, costs and expenses which Luxe Walls may incur as a result of any breach of this clause.
10. The obligations accepted by you under this clause 9 survive termination or expiry of these Terms and Conditions.

11. For any copyright complaints, please email Luxe Walls at [Insert] giving details of the following:

    (a)

    a physical or electronic signature of the copyright owner or the person authorised to act on behalf of the copyright owner, and

    (b)

    a clear identification of the alleged copyright infringement work, and

    (c)

    your address, telephone number and email address.
    Luxe Walls will respond within thirty (30) calendar days after notice of the alleged infringement.

Privacy

General Disclaimer

1. You acknowledge that Luxe Walls does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
2. Luxe Walls will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

4. Subject to this clause, and to the extent permitted by law:

   (a)

   all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

   (b)

   Luxe Walls we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5. Use of the Website, the Purchase Services, and any of the products of Luxe Walls (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Luxe Walls, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Luxe Walls (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Luxe Walls) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   (a)

   failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction,alteration or unauthorised access to records;

   (b)

   the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

   (c)

   costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

   (d)

   the Content or operation in respect to links which are provided for the User’s convenience;

   (e)

   any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

   (f)

   any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

6. You acknowledge that the Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Products or any part of the Products meet your needs or is otherwise suitable for the purposes for which it is used. Except where required by law, Luxe Walls makes no representations or warranties of any kind, express or implied, concerning the Products including as to satisfactory quality or fitness for a purpose. You or a third party are liable for installation, fitting, removing or any other action in relation to the Products. It is your responsibility prior to purchase to determine whether the Products:

   (a)

   are suitable for use on your wall or any other surface;

   (b)

   will impact the integrity (structural or otherwise) of the wall or any other surface when fitted;

   (c)

   are in compliance with all applicable laws and regulations when fitted, used, removed or any other action in relation to the Products.

   Luxe Walls will not be liable to you for any loss or damage incurred by you or a third party resulting from a fitting or installation or removal or any other action in relation to the Products.You agree that it is your sole responsibility to determine that the wall or any surface that you apply, mount, attach or hang the Products to or remove the Products from is suitable for that application or removal. Before proceeding with any of the aforesaid actions, you must sample test the wall or surface to gauge a result as to whether any damage will be caused to the wall or surface. Do not apply any other products including any household cleaners to a wall or surface as these products may affect or degrade the adhesive qualities of the Products. You may clean the wall or surface lightly with isopropyl rubbing alcohol and allow the wall or surface to dry before any engagement of the Products to the wall or surface.

7. You agree to test any wall or surface prior to engaging the Products to a wall or surface or removing the Products from a wall or surface and to follow the guidelines provided by Luxe Walls to you in the installation guide on the Website or communicated to you electronically. Luxe Walls provides no guarantee that the Products can be removed from any surfaces including surfaces with poor paints to substrate adhesion, untreated wallboard, existing graphics that must remain intact, aged paint or metal that may have surface oxidation or chalking or any outdoor or horizontal surfaces. We will not be liable for any loss or damage arising from any use of the Products including an incorrect use of the Products (including whether direct, indirect, special, incidental or consequential) or for any damage to walls or surfaces resulting from applying or removing the Products.
8. Some of the information provided on the Website may concern products or services or may be the information of third parties. We are not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services depicted on the Website. The third-party products, services and information are not provided or endorsed by us and your legal relationship is with the third-party supplier.
9. The Website may contain links and other pointers to Internet websites operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. You link to any such website is entirely at your own risk.
10. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. Any personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.
11. To the fullest extent permitted by law, other than as provided in these Terms and Conditions, all other conditions, warranties or other terms implied by statute or common law are excluded from these Terms and Conditions.

Limitation of Liability

1. Luxe Walls’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Luxe Walls is the resupply of information or Purchase Services to you.
2. You expressly understand and agree that Luxe Walls, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. Luxe Walls is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services,whether posted or caused by users of the website of Luxe Walls, by third parties or by any of the Purchase Services offered by Luxe Walls.
4. You acknowledge that Luxe Walls does not provide the Delivery Services to you and you agree that Luxe Walls will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Luxe Walls as set out below.

2. If you want to terminate the Terms, you may do so by:

   (a)

   Notifying Luxe Walls at any time; and

   (b)

   Closing your accounts for all of the Purchase Services which you use, where Luxe Walls has made this option available to you.

   Your notice should be sent, in writing, to Luxe Walls via the ‘Contact Us’ link on our homepage.

3. Luxe Walls may at any time, terminate the Terms with you if:

   (a)

   You have breached any provision of the Terms or intend to breach any provision;

   (b)

   Luxe Walls is required to do so by law;

   (c)

   the partner with whom Luxe Walls offered the Purchase Services to you has terminated its relationship with Luxe Walls or ceased to offer the Purchase Services to you;

   (d)

   Luxe Walls is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

   (e)

   the provision of the Purchase Services to you by Luxe Walls is, in the opinion of Luxe Walls, no longer commercially viable.
4. Subject to local applicable laws, Luxe Walls reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Luxe Walls’s name or reputation or violates the rights of those of another party.
5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Luxe Walls have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

1. You agree to indemnify Luxe Walls, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

   (a)

   all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

   (b)

   any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms;and/or

   (c)

   any breach of the Terms.

Dispute Resolution

1. Compulsory:
   If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice:
   A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution:
   On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must: (a)

   Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

   (b)

   If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Services or his or her nominee;

   (c)

   The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

   (d)

   The mediation will be held in New South Wales, Australia.
4. Confidential:
   All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation:
   If 3 Months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

Force Majeure

Governing Law

Independent Legal Advice

Severance