Common use of Interpreting your Contract Clause in Contracts

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific language. (i) A ‘person’ includes any entity which can xxx and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89104, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letterle…er, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re- enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 8996, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re-enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 8995, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. We will not unilaterally determine or enforce a right or obligation under your Contract without stating, in reasonable detail, the act, omission, condition, event or legislation which affords us the right to do so. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89104, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re- enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise. Dictionary Account Page a web page or facility we may provide that permits you to view and / or manage details of your account Acceptable Use Policy see clause 8 ACL Australian Consumer Law, which is set out in Schedule 2 of the Competition and Consumer Act 2010 ACL Consumer an individual who enters a Customer Contract for goods and/or services wholly or predominantly for personal, domestic or household use or consumption Application Date see clause 22(a) Advocate as in the TCP Code Authorised Representative as in the TCP Code Automatic Direct Debit a periodic payment that is automatically deducted by us from your nominated financial institution account Bill an invoice from us which advises you of the total of each Charge that is due for payment Billing Period see clause 62(a) Bundled Equipment see clause 14 Business Day Monday to Friday excluding statutory holidays Carriage Service as in the Telecommunications Act Carriage Service Provider as in the Telecommunications Act Carrier as in the Telecommunications Act Charge a charge applicable under your Customer Contract Claim any claim, demand, action, proceeding or legal process (including by way of set off, cross-claim or counterclaim) Commercial Electronic Message same as in the Spam Act 2003 Consumer Contract same as in the ACL Consumer Guarantee same as in the ACL Contract same as Customer Contract Contract Date see clause 22(b) Contract Loss loss or damage suffered by a party and arising in connection with or out of your Contract or any supply made under it (whether pleaded in contract, tort, breach of statutory duty or on any other basis, and whether arising from acts or omissions, and whether or not loss or damage the risk of which another party was or should have been aware), including but not limited to: • economic loss; business interruption; • loss of revenue, profits, actual or potential business opportunities or contracts; anticipated savings; • loss of profits; loss of data; • indirect or consequential loss; • an obligation to indemnify another person; • an obligation to contribute to the compensation of loss or damage suffered by another person Credit Management the process by which we: • help customers to manage their expenditure on Services; manage any credit risk to us; and • collect outstanding debts from customers and former customers Customer Contract see clause 3 Customer Terms see clause 1 Delivery Date see clause 31 Dictionary this table of defined terms Direct Debit a payment that is deducted by us from your nominated financial institution account, including an Automatic Direct Debit Early Termination Fee see clause 75 End User see clause 24(b) Equipment a handset, modem, router or other hardware Extract deduct an amount by Direct Debit Facilities equipment and network infrastructure of all kinds used to provide or in connection with the provision of a Service General Terms the terms in Part C GST Goods and Services Tax GST Act A New Tax System (Goods and Services Tax) Act 1999 Inbound Number a 1300, 13 or 1800 number or any other number that functions as a virtual telephone number that can be routed to flexible answerpoints Insolvency Event includes an event where a receiver or receiver and manager is appointed over any of your property or assets, an administrator, liquidator or provisional liquidator is appointed to you, you enter into any arrangement with your creditors, you become unable to pay your debts when they are due, you are wound up or become bankrupt, or any other analogous event or circumstance occurs under the laws of any jurisdiction Internet Service a Service that provides access to the Internet Intervening Event an event beyond our reasonable control which interferes with and prevents us from providing the Services to you. Such events include any act or omission of our Suppliers, any disruption to our or our Suppliers’ networks, infrastructure and equipment, failure of any electrical power supply, changes to any laws or regulations, and acts of God, lightning strikes, earthquakes, floods or other natural disaster Law laws, Acts of Parliament, regulations, mandatory standards and industry codes and including the requirements or directions of any Regulator Listed Carriage Service as defined in the Telecommunications Act (but covers most public voice and data communications services) Network see clause 23 Numbering Plan the Telecommunications Numbering Plan Off-peak see clause 5 Operational Directions see clause 10 Our Facilities Facilities we own and/or operate Partner a third party that, under a contract with us, provides (a) access to Facilities they manage or maintain or (b) content that we resupply to you Partner Facilities Facilities that are managed or maintained by a Partner Partner Requirements see clause 11 PDH personal, household or domestic Peak see clause 5 Periodic Entitlements see clause 6 Plan a particular set of features, entitlements, term of contract, Charges and special conditions in connection with a Service PMSI a purchase money security interest under the PPS Law Post-Paid Plan a Plan where you can use all or part of the Service before you pay for it PPS Law Personal Property Securities Act 2009 PPS Law Prepaid Plan a Plan where you must pay in full for Service before you use it Price List see clause 54 Privacy Act Privacy Act 1988 Product goods and / or services Regulator includes the Australian Communications and Media Authority, the Australian Competition and Consumer Commission and any other relevant government or statutory body or authority and the Telecommunications Industry Ombudsman and Communications Compliance Limited Security Period in respect of any Equipment means the applicable period, if any, under clause 29(c) Service a service (and includes Equipment) which we provide to you, including but not limited to (a) a Standard Telephone Service; or (b) a carriage service of a kind specified in the Telecommunications Regulations 2001 (which includes Internet Services); or (c) ancillary goods or service of a kind specified in the Telecommunications Regulations 2001 Service Start Date see clause 22(c) Service Terms terms and conditions that apply to particular Services, usually as set out in a document titled as such Site see clause 31 SLA a Service Level Agreement Spam an unsolicited commercial electronic message within the meaning of the Spam Act Spam Act Spam Act 2003 Special Promotion a special promotion we may offer from time to time, on terms we notify in connection with the offer Standard Telephone Service as in section 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 TCP Code Industry Code C628:2012 Telecommunications Consumer Protections Code TCP Customer a) a person who acquires a Telecommunications Product from us for the primary purpose of personal or domestic use and not for resale; or b) a business or non-profit organisation which acquires or may acquire one or more Telecommunications Products which are not for resale and, at the time it enters into a contract with us: i) does not have a genuine and reasonable opportunity to negotiate the terms of the contract; and ii) has or will have an annual spend with us which is, or is estimated on reasonable grounds by us to be, no greater than $20,000 Telecommunications Act Telecommunications Act 1997 Telecommunications Goods any goods we supply for use in connection with the supply of a Telecommunications Service, whether or not the goods are supplied in conjunction with, or separately from, a Telecommunications Service Telecommunications Product Telecommunications Goods and/or a Telecommunications Service Telecommunications Service a Listed Carriage Service or any service we supply in connection with that service; and a content service (other than a subscription broadcasting service or a television subscription narrowcasting service) we provide in connection with the supply of a Listed Carriage Service Unfair in relation to a term in a Consumer Contract means the same as in section 24 of the ACL Use-by Date see clause 7(b) Walk Away Rights the right to cancel your Contract (even during a minimum or fixed term) and pay only usage or network access charges to the date your Contract ends, and outstanding amounts for installation of Equipment, and outstanding amounts for Equipment that is compatible with other suppliers’ services We, us, etc see clause 2 Wholesaler Supplier unless stated otherwise – Telstra and/or Optus Part D – ADSL/ADSL2+/NBN/Fibre/Fixed Wireless Internet Service Terms Where we supply you with an Internet Service: (a) The Service can be provided over a variety of carriage options approved by the Carrier. (b) You warrant to us that you are the same end user to whom the carrier or a reseller or agent of the carrier supplies such a standard telephone service or data connection over a copper wire pair or other carriage mechanism. (c) You acknowledge that an ADSL/ADSL2+ or NBN Internet Service will only be supplied for so long as you continue to acquire such a service. (d) You acknowledge that the Internet Service may be terminated where you cease to acquire, or suspend or terminate, such a standard connection services; (e) You acknowledge that if an Internet Service has been terminated under clause 105(d): (i) our Wholesale Supplier may charge an early termination fee in respect of the Internet Service; (ii) we may recoup that early termination fee from you; (iii) if you want the Internet Service reconnected, our Wholesale Supplier may charge us a connection fee; and (iv) we may recoup that connection fee from you. (f) You acknowledge that, in some instances such as where you are acquiring a monitoring service (meaning a service for the monitoring of your premises such as remote alarm services), additional equipment at your premises such as central splitters and network termination devices must be installed by you at your own cost before the Service can be provided. This additional equipment must be installed prior to Internet Service activation. (g) You acknowledge that the installation and operation of the Service may cause temporary disruption in the standard telephone services received by you or a monitoring service. (h) You acknowledge that the installation and operation of a monitoring service may cause temporary disruption to the Service. (i) You acknowledge that the installation and operation of the Service may mean that some incompatible products that might have been available from service providers to you will not be supplied to the you ongoing. (j) You acknowledge and must ensure that any provider of a monitoring service used by you has been notified that: (i) installation and operation of a Service may cause temporary disruption in the standard telephone services or a monitoring service received by you; and (ii) installation of equipment at your premises such as central splitters and network termination devices may be required under clause 105(f ). (k) As far as the law allows, you release our Wholesale Supplier and its third party supplier(s) from all liability to the you, and you indemnify them against all costs, expenses, liability, loss or damage incurred or suffered by them in conjunction with any claims, actions or proceedings against them (including third party claims or claims by you or the carrier) arising out of the following (to the extent that the liability is caused by the provision or cancellation of the ADSL Service): (i) disruption of your telephone service or monitoring service; (ii) cancellation of the internet Service; (iii) suspension of the provision of the internet Service or to a particular internet address(es); (iv) cancellation of, or refusals to provide, any incompatible products; and (v) possible breaches of the Telecommunications (Customer Service Guarantee) Standard in respect of you. Part E – Mobile Telephone Service Terms

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender--‐specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re--‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender‐specific language. (i) A ‘person’ includes any entity which can xxx and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 8995, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘„to colour’ colour‟ means ‘„to paint red’red‟, then ‘coloured’ „coloured‟ means ‘„painted red’.red‟.) (c) Expressions like ‘includes’„includes‟, ‘including’„including‟, ‘e.g.’ „e.g.‟ and ‘„such as’ as‟ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ “person‟ includes any entity which can xxx sue and be sued. (j) A ‘person’ “person‟ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89107, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint redblue’, then ‘coloured’ means ‘painted redblue’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.eg’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender‐specific language. (ih) A ‘person’ includes any entity which can xxx sue and be sued. (ji) A ‘person’ includes any legal successor to or representative of that person. (kj) A reference to a law includes any amendment or replacement of that law. (lk) Anything that is unenforceable must be read down, to the point of severance if necessary. (ml) Anything we can do, we may do through an appropriately authorised representative. (nm) Any matter in our discretion is in our absolute and unfettered discretion. (on) A reference to a document includes the document as modified from time to time and any document replacing it. (po) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (qp) The word month ‘month’ means calendar month and the year ‘year’ means 12 months. (rq) The words ‘in writing writing’ include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (sr) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re‐enacted or replaced from time to time. (ts) Money amounts are stated in Australian currency unless otherwise specified. (ut) A reference to a notice ‘notice’ means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 8995, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘„to colour’ colour‟ means ‘„to paint red’red‟, then ‘coloured’ „coloured‟ means ‘„painted red’.red‟.) (c) Expressions like ‘includes’„includes‟, ‘including’„including‟, ‘e.g.’ „e.g.‟ and ‘„such as’ as‟ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ “person‟ includes any entity which can xxx and be sued. (j) A ‘person’ “person‟ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 8999, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Business Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 8996, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re-enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89104, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and like‘includes’,‘including’,‘e.g.’and ‘such as’ are as’are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re- enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 8999, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Business Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.

Interpreting your Contract. (a) If an expression is defined in the Dictionary in clause 89104, that is what it means. (b) If an expression is defined in the Dictionary, grammatical derivatives of that expression have a corresponding meaning. (For instance, if ‘to colour’ means ‘to paint red’, then ‘coloured’ means ‘painted red’.) (c) Expressions like ‘includes’, ‘including’, ‘e.g.’ and ‘such as’ are not words of limitation. Any examples that follow them are not to be taken as an exhaustive list. (d) Headings are only for convenience. They are to be ignored when interpreting our Customer Terms. (e) A schedule to a document is part of that document. (f) A reference to the singular includes the plural and vice versa. (g) Where one thing is said to include one or more other things, it is not limited to those other things. (h) There is no significance in the use of gender-­‐specific gender-specific language. (i) A ‘person’ includes any entity which can xxx sue and be sued. (j) A ‘person’ includes any legal successor to or representative of that person. (k) A reference to a law includes any amendment or replacement of that law. (l) Anything that is unenforceable must be read down, to the point of severance if necessary. (m) Anything we can do, we may do through an appropriately authorised representative. (n) Any matter in our discretion is in our absolute and unfettered discretion. (o) A reference to a document includes the document as modified from time to time and any document replacing it. (p) If something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day. (q) The word month means calendar month and the year means 12 months. (r) The words in writing include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient. (s) A reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-­‐enacted re- enacted or replaced from time to time. (t) Money amounts are stated in Australian currency unless otherwise specified. (u) A reference to a notice means a notice that can be read, unless stated otherwise.