JORDAN KAHU WEBSITE

CUSTOMER TERMS & CONDITIONS Application You acknowledge that these terms and conditions (“Customer Terms”) will apply (including to all to all Services) from the beginning of our relationship with you, as the Customer, which occurs when you use the Website or any of the Services or when you click the “submit” button or initiate a trial, test or other preliminary use and do not opt out or you otherwise indicate acceptance on or through the Website or when you engage in any other of our the services. Please read these Customer Terms carefully, as they are legally binding upon you. When reference is made to “we” or “us” or “our” in these Customer Terms, it means JORDAN KAHU. Heading are used for convenience only and do not affect the interpretation of these Customer Terms. The capitalised terms used are defined at the end of these Customer Terms. Services and support Subject to these Customer Terms, we will use commercially reasonable efforts to provide you with the Services. Subject to these Customer Terms, we will provide you with reasonable support services in accordance with our standard practice. The Services may also extend to any related items quoted and billed by us. We may update or modify our Services or discontinue their availability at any time, in accordance with our own customer policies. Restrictions and responsibilities You acknowledge that you have read our Privacy Policy and that you agree with the content of and to be bound by our Privacy Policy, which are incorporated by reference into these Customer Terms. You represent, warrant and covenant that: You are over the age of 18, or, if not, you will only use the provided Services with the involvement, supervision and approval of a parent or legal guardian; and You have read, understood, and agree to be bound by the pricing information (see clause 5 (Pricing and payment of fees)); You understand and agree that: The Website, special technology used in connection with the Website, the Services, the software, Products and Materials that are provided by us or third-party providers (including Content Providers) and are the copyrighted works of JORDAN KAHU and/or such third parties; Content Providers may choose to terminate their relationships with us and become inactive (we do not guarantee Content Provider availability and we are not liable for any issues relating to Content Provider availability); You assume any and all risks from any meetings or contact you have with any Content Providers or other Customers or Users; and You are responsible for all uses of the Website, or any of our provided Services, with or without your knowledge or consent. Confidentiality and proprietary rights Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose personal; business; technical; financial or any other information relating to and belonging to the Disclosing Party for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with these Customer Terms (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of JORDAN KAHU includes non-public information regarding features, functionality and performance of the Services, Website, Materials and/or Products. Your Proprietary Information includes Customer Data. The Receiving Party agrees: To take reasonable precautions to protect such Proprietary Information; and Not to use (except in performance of the Services or Products or as otherwise permitted in these Customer Terms) or Divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing will not apply with respect to any information after three (3) years following the disclosure of the Proprietary Information or any information that the Receiving Party can demonstrate: Is or has become generally available to the public; or Was in its possession or known by it prior to receipt from the Disclosing Party; or Was rightfully disclosed to it without restriction by a third party; or Was independently developed without use of any Proprietary Information of the Disclosing Party; or Is expressly excluded by these Customer Terms; or Is required to be disclosed by law (in which case, the Receiving Party must not disclose any Proprietary Information until the Disclosing Party has a reasonable opportunity to take such action as it considers appropriate in the circumstances). You agree that we, or our licensors, own and retain all right, title and interest in and to: The Services; The Website; Products; Materials; Any proprietary information, applications, inventions or other knowledge developed for the implementation of our Services, Website, Materials or Products; and All Intellectual Property in or related to any of the foregoing. You are not authorised to use any of our Intellectual Property except as is expressly allowed under these Terms. Unless otherwise expressly provided in these Customer Terms, Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers, as is relevant) and is protected, without limitation, pursuant to Australian and any other applicable copyright and or intellectual property laws. JORDAN KAHU has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you or any User (“Feedback”), and nothing in these Customer Terms or in the parties’ dealings arising out of or related to these Customer Terms will restrict JORDAN KAHU’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you or any User providing Feedback. You grant us the right to use Customer Content and Customer Data for the purpose of and as necessary for the provision of our Services, Website, Materials and Products. You represent and warrant that you have all licenses, rights, consents and permissions necessary to grant such right and that we will not need to obtain any licenses, rights, consents or permissions from, or make any payments to, you or any third party, or have any liability to you or any other party as a result of any use of the Customer Content. We grant you a limited, non-exclusive, non-transferable license for the Term to access and use JORDAN KAHU Content (after the required Fees have been paid), solely for the purpose of the personal use, education, knowledge or training of the User(s), through the Website, Materials, Products and Services, in accordance with these Customer Terms and any conditions or restrictions associated with particular Products or Services. All other uses are prohibited without our express written consent. You must not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any JORDAN KAHU Content, Website, Materials, Products, Services or Intellectual Property in whole or in part, other than as expressly authorised under these Customer Terms or as separately authorised by us in writing. You must not accept licensed rights to JORDAN KAHU Content, Website, Materials, Products, Services or Intellectual Property in whole or in part from others and any such direct license is a material breach of these Customer Terms. Notwithstanding the foregoing, we reserve the right to revoke the license to access and use the Content granted to you as set out in these Customer Terms. Notwithstanding anything to the contrary, and subject to the Privacy Policy, JORDAN KAHU has the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including information concerning Customer Data and data derived therefrom), and we will be free (during and after the Term) to: Use such information and data to improve and enhance the Website, Materials, Products and Services and for other development, diagnostic and corrective purposes in connection with the Website, Materials, Products, Services and other JORDAN KAHU offerings; and Disclose such data solely in aggregate or other lawful de-identified form for the purpose of (i) above. No rights or licenses are granted except as expressly set forth in these Customer Terms. JORDAN KAHU does not screen the Customer Content or JORDAN KAHU Content and all use of the Customer Content and JORDAN KAHU Content by you is at your own risk. We have no responsibility or liability for such use. In particular, no review or posting or appearance of the Customer Content or JORDAN KAHU Content on the Website, Materials, Products and Services or though the Website, Materials, Products and Services is intended to act as an endorsement or representation that any Customer Content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful. If you believe that the Customer Content or JORDAN KAHU Content violates any law, or is inaccurate or poses any risk whatsoever to a third party, it is your responsibility to take such steps that you deem necessary to correct the situation. If you believe that any Customer Content, originating from a third party, or any JORDAN KAHU Content violates any laws, including any copyright laws, you must report such belief to us. Pricing and payment of fees You must pay us the then applicable fees described in the order forms, the Website or other agreement or through the online subscription or order process for Products, Materials, Content or Services, including for the Implementation Services (the “Implementation Fees”), in accordance with the terms in the order forms, the Website or other agreement or as stipulated in the Order Form, Website, other agreement or order process, without set off or deduction. If your use of the Products, Website, Content, Services and/or Materials exceeds the Service Capacity set forth in the order form, the Website, other agreement or order process, or you require access or use of the Products, Website, Content, Materials and/or Services for additional instance(s) or additional User(s) or if your Products, Website, Content, Materials and/or Services needs or use constitute a requirement to pay additional fees, you will be billed for such usage and you agree to pay the additional fees in the manner required by us. Any such additional access or use by you will be subject to these Customer Terms. If necessary, we reserve the right to change the Implementation Fees and fees or applicable charges and to institute new charges and Fees for the Products, Website, Content, Materials, and/or Services, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that we have billed you incorrectly, you must contact us no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Your inquiries should be directed to our customer support department. We may choose to bill for our Products, Website, Content, Materials and/or Services through an invoice, in which case, full payment for invoices issued in any given month must be received by us fourteen (14) days after the issue date of the invoice without set off or deduction. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law (if greater), plus all expenses of collection and may result in immediate termination of the Services. Pricing of Products, Content, Materials and/or Services is published on the Website and is otherwise available directly from us. You agree to pay the Fees, for Products, Content, Materials, Website and/or Services that you purchase, and authorise JORDAN KAHU to charge your credit card for such Fees. If your credit card is declined, you agree to pay JORDAN KAHU the Fees within thirty (30) days of notification from us, and pay a late payment charge of 1.5% per month, or the maximum permitted by law, (if greater) (which may be charged at our discretion). GST Unless otherwise specified, all Fees are exclusive of GST and must be calculated without regard to GST. If a supply made under these Customer Terms or a Contract is a taxable supply or subject to GST, the recipient of that taxable supply (Recipient) must, in addition to any other consideration, pay to the party making the taxable supply (Supplier) the amount of GST in respect of the supply within 14 (fourteen) days of the issue date of the invoice. The Recipient will only be required to pay an amount of GST to the Supplier if and when the Supplier provides a valid tax invoice to the Recipient in respect of the taxable supply. If there is an adjustment to a taxable supply made under these Customer Terms or a Contract then the Supplier must provide an adjustment note to the Recipient or otherwise account for the GST adjustment in accordance with GST Law. The amount of a party’s entitlement under these Customer Terms or a Contract to recovery or compensation for any of its costs, expenses or liabilities is reduced by the input tax credits, or equivalent under the GST Law, to which that party is entitled to recover in respect of those costs, expenses or liabilities. The parties shall otherwise comply with the GST Law. We do not provide you with tax advice and you should consult your own tax advisor. Term and termination Subject to earlier termination, as provided below, the Contract is for the Products, Content, Materials and/or Services term as described in the order form, the Website or other agreement or through the online subscription or order process. Unless and until either party provides the other party with at least thirty (30) days’ notice to terminate the Contract, such notice not to expire at any time other than the end of the Products and Services term as described in the Order Form, Website or other agreement or through the online subscription or order process. In addition to any other remedies a party may have, either we or you may also terminate the Contract upon thirty (30) days’ notice if the other party materially breaches any of these Customer Terms and that party fails to remedy the breach within 14 days of that party being notified in writing to do so. We may terminate the Contract immediately and without notice in the case of non-payment by you. Either party may terminate the Contract immediately if the other party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations. Notwithstanding the foregoing, you must pay at least the amount due for the Products and Services up to and including the last day of the term as described in the Order Form, Website or other agreement or through the online subscription or order process. Upon any termination, we may, but are not obligated to (unless required by applicable laws, including Privacy Laws), delete stored Customer Data. All parts of these Customer Terms, which by their nature should survive termination, will survive termination, including accrued rights to payment, confidentiality obligations, warranty disclaimers and limitations of liability. Except where an exclusive remedy may be specified in these Customer Terms, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Customer Terms, by law, or otherwise. Except as set forth in this clause, once the Contract terminates, then: The rights and licenses granted by JORDAN KAHU to you will cease immediately (except as set forth in this clause); If applicable, you must cease all use of a Products, Content, Services and/or any Materials; You must pay to us any and all outstanding Fees for our Products, Content, Services and/or Materials; If applicable, you are required to delete, remove and otherwise dispose of the Services, Content, Products and/or any Materials made available to you under the Contract, including any JORDAN KAHU Confidential Information as applicable (including from any third parties that they have been provided to) and, if requested by us, provide written certification to us that you have done so at our request; and You undertake not to further attempt to access said Services, Content, Products and/or any Materials or any data stored by JORDAN KAHU (except in accordance with our Privacy Policy) after the date of termination. If we become aware of a breach by you of these Terms, then (where applicable) we may specifically request that you suspend access, use or benefit of any Services, Products, Content and/or any Materials made available to you under the Contract. If you fail to comply with our request to suspend access, use or benefit of these, then we may do so. The duration of any suspension by us will be until the applicable User has cured the breach which caused the suspension. Information, general exclusions and operation of laws Whilst all Materials, Services, Products, Content and other information communicated to you via other Content Providers or our employees, contractors, agents or representatives are provided in good faith and are believed to be accurate and current as at the date of publication, presentation or communication, we provide no warranty or guarantee that any Materials, Services, Products, Content or other information on linked websites or information otherwise communicated to you will be accurate or complete. In addition, all such material is not intended as professional advice and must not be relied upon as such. Prior to entering into the Contract or other transaction or any other action in connection with the Website, Content, Services, Materials or Products, you should make your own enquiries and seek independent advice tailored to your specific circumstances, needs and objectives. The Services are a web-based marketplace for Services, Materials or Products of JORDAN KAHU and Customers. You also understand that, by using our Website, Content, Services, Materials or Products, you may be exposed to content that you consider objectionable. We have no responsibility to keep such content from you and no liability for your access or use of any such content, to the extent permissible under applicable law. You acknowledge and agree that: Prior to entering into the Contract you have been given a reasonable opportunity to examine and satisfy yourself regarding all Services, Content, Materials, Products and any other goods or services supplied by us and are the subject of the Contract and that, prior to entering into the Contract, you availed yourself of that opportunity; At no time prior to entering into the Contract have you relied on the skill or judgment of JORDAN KAHU or any of our employees, contractors, agents or representatives and that it would be unreasonable for you to rely on any such skill or judgment; and Where any acquisition of Services, Content, Materials, or Products under the Contract has been made by reference to a sample or demonstration model, prior to entering into the Contract, you have been given a reasonable opportunity to: Satisfy yourself that the goods correspond with the sample or demonstration model as to quality, state and condition; and Examine the sample or demonstration model for any apparent defects, and that you have availed yourself of that opportunity. To the maximum extent permitted by applicable law: WE MAKE NO GUARANTEE AS TO THE USEFULNESS OF THE SERVICES, CONTENT, PRODUCTS OR MATERIALS, NOR ANY OF THE PRODUCTS, MATERIALS, CONTENT OR SERVICES PROMOTED ON THE WEBSITE OR VIA LINKED WEBSITES OR VIA LINKED APPS OR COMMUNICATED TO YOU BY US. IN PARTICULAR, WE MAKE NO GUARANTEE AS TO THE APPROPRIATENESS OF THE SERVICES, CONTENT, PRODUCTS OR MATERIALS PROVIDED TO YOU BY US OR OUR EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES. WE MAKE NO WARRANTY OR REPRESENTATION (EXPRESS OR IMPLIED) REGARDING THE QUALITY, ACCURACY, RELIABILITY, CURRENCY, PERFORMANCE, COMPLETENESS OR FITNESS FOR PURPOSE OF ANY PART OF THE SERVICES, THE CONTENT, THE WEBSITE, THE MATERIALS, THE PRODUCTS AND OTHER INFORMATION COMMUNICATED TO YOU BY US OR OUR EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES. WE DO NOT WARRANT THAT THE SERVICES, THE WEBSITE, THE CONTENT, THE MATERIALS OR THE PRODUCTS WILL BE UNINTERRUPTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, THE WEBSITE, THE CONTENT, THE MATERIALS OR THE PRODUCTS. WE DO NOT REPRESENT OR WARRANT (EXPRESSLY OR IMPLIEDLY) THAT THE SERVICES, THE WEBSITE, THE MATERIALS, THE CONTENT OR THE PRODUCTS OR THE FACILITIES THAT MAKE THE SERVICES, THE WEBSITE, THE CONTENT, THE MATERIALS OR THE PRODUCTS AND THE JORDAN KAHU CONTENT AVAILABLE, WILL NOT CAUSE DAMAGE, OR ARE FREE FROM ANY COMPUTER VIRUS OR ANY OTHER DEFECTS OR ERRORS. WE ARE NOT LIABLE (WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES, THE WEBSITE, THE CONTENT, THE MATERIALS OR THE PRODUCTS. OUR LIABILITY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS THAT CANNOT BE EXCLUDED IS RESTRICTED, AT JORDAN KAHU'S OPTION, TO: THE RE-SUPPLY OF THE RELEVANT GOODS OR SERVICES OR CONTENT OR MATERIALS OR PRODUCTS; THE COST OF THE RE-SUPPLY OF THE RELEVANT GOODS OR SERVICES OR CONTENT OR MATERIALS OR PRODUCTS; OR ANY AMOUNT PAID BY YOU TO JORDAN KAHU IN RESPECT OF THE RELEVANT GOODS OR SERVICES OR CONTENT OR MATERIALS OR PRODUCTS. YOU AGREE THAT, IN NO CIRCUMSTANCES, WILL WE BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS CONTRACT, YOUR USE OF OR RELIANCE ON THE SERVICES, THE CONTENT, THE WEBSITE, THE MATERIALS OR THE PRODUCTS INCLUDING LOSSES OR DAMAGES ARISING OUT OF, OR ATTRIBUTABLE TO, AN ACT OR OMISSION BY US FOR: LOSS OF PROFITS; LOSS OF SALES OR BUSINESS; LOSS OF AGREEMENTS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; LOSS OF OR DAMAGE TO GOODWILL; AND ANY INDIRECT OR CONSEQUENTIAL LOSS. NOTWITHSTANDING THE ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE CUSTOMER TERMS OR THE CONTRACT EXCEED THE AMOUNT THAT YOU PAID, IF ANY, TO US FOR ACCESS OR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. YOU AGREE TO INDEMNIFY JORDAN KAHU AND ITS AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES (INDEMNIFIED PARTIES) IN RESPECT OF ANY CLAIM, ACTION, DAMAGE, LOSS, LIABILITY, COST, CHARGE, EXPENSE, OUTGOING OR PAYMENT (INCLUDING LEGAL EXPENSES (ON A FULL INDEMNITY BASIS), ARISING FROM OR RELATING TO: YOUR USE OF THE SERVICES, THE WEBSITE, THE MATERIALS, THE CONTENT OR THE PRODUCTS; A BREACH OF THESE CUSTOMER TERMS OR THE CONTRACT BY YOU; AND YOUR BREACH OF ANY APPLICABLE LAW. We do not exclude any rights or remedies available to you under any applicable consumer laws in the Applicable Jurisdiction, which cannot be contractually excluded or restricted. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by negligence, or the negligence of our employees, agents or contractors (as applicable), fraud or fraudulent misrepresentation, or any matter in respect of which it would be unlawful for us to exclude or restrict liability. We shall not be in breach of this Contract nor liable for delay in performing, or failure to perform, any of our obligations under this Contract if such delay or failure results from events, circumstances, or causes beyond our reasonable control (including, without limitation, fire, flood, acts of God, interruption or failure of utility or telecommunications service, government actions, labour disputes or other similar events). In such circumstances, we shall be entitled to a reasonable extension of time for performing such obligations. If the period of delay or non-performance continues for 4 weeks, either we or you may terminate the Contract by giving 7 days’ written notice. Links to other websites The Website may contain links and pointers to other websites operated by third parties, which are included solely for your convenience. Links to third party websites do not constitute endorsement, sponsorship or approval by us of the content, policies or practices of those third parties, nor the content available on or for download from those third party sites. You agree that, by accessing any third party linked website, you do so at entirely your own risk. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third party website. Disputes Any dispute arising in connection with these Customer Terms or the Contract, which cannot be settled by negotiation between the parties or their representatives, will be submitted to mediation through the applicable Mediation Method. During such mediation, both parties may be legally represented. If parties fail to reach an agreement during mediation, the dispute will be resolved by arbitration in accordance with applicable Arbitration Method. The seat of arbitration will be the capital city of the Applicable Jurisdiction. The language of the arbitration will be English. The number of arbitrators will be three, unless agreed otherwise between the parties. Prior to referring a matter to mediation pursuant to clause 10.1, the parties will: Formally refer the dispute to JORDAN KAHU for consideration and negotiation; and If the respective parties are unable to resolve the dispute after 14 days (or such other period as is agreed between the parties) then they may implement the dispute resolution clauses outlined in clauses 10.1 and subsequently 10.2. Updates to Terms From time to time, we may update these Customer Terms to clarify or to reflect new or different practices, such as when we add new features, or change the Website, Services, Content, Products, Materials or for other reasons. We reserve the right in our sole discretion to modify and/or make changes to these Customer Terms at any time. If we make any material change to these Customer Terms which meaningfully reduces your rights, we will notify you using prominent means, such as by email notice sent to the latest email address that we have on record for you, or by posting a notice through our Services or the Website. Modifications will become effective on the day they are posted or otherwise published, unless stated otherwise. Your continued use of our Website, Services, Content, Products or Materials when changes become effective will mean that you accept those updated Terms. If you object to the updated Terms, you must notify JORDAN KAHU in writing within fourteen (14) days in order to resolve any such dispute pursuant to our dispute resolution mechanisms outlined in these Customer Terms, after which you will be deemed to have accepted those Updated Terms. You must visit Website regularly to ensure that you are aware of the latest version of the Customer Terms, as any revised Customer Terms will supersede all previous Customer Terms. Entire Agreement The Contract for Services, Content, Products or Materials is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Contract. All waivers must be in a writing signed by both parties. Miscellaneous If any provision of these Customer Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Customer Terms will otherwise remain in full force and effect and enforceable. The Contract is not assignable, transferable or able to be sub-licensed by you except with the written consent of the parties. We may transfer and assign any of our rights and obligations under the Contract. No relationship of agency, partnership, joint venture, or employment is created as a result of the Contract or these Customer Terms and you do not have any authority of any kind to bind us in any respect whatsoever. In any action or proceeding to enforce rights under these Customer Terms or the Contract, the prevailing party will be entitled to recover costs and legal fees. These Customer Terms and the Contract are governed by the laws of the Applicable Jurisdiction and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Applicable Jurisdiction. Any notice given by a party under these Customer Terms shall be in writing and in English, be signed by, or on behalf of the party giving it, and be sent to the relevant party’s registered office or place of business, or by email at the email address notified by a party to the other. Notices are deemed received if delivered by hand, when left at the registered address; if sent by pre-paid first-class post or next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by email, at the time of transmission; or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. All references to time are to the local time at the place of deemed receipt. The provisions of this clause 13.5 do not apply to notices given in legal proceedings. Each of JORDAN KAHU’s affiliates (meaning any entity that directly or indirectly controls, is controlled by, or is under common control with another entity) may enforce any provision of the Contract as if it were JORDAN KAHU. Definitions The following definitions apply: App means any application or interface in which the JORDAN KAHU Content, Website, Services, Products or Materials are accessible. Applicable Jurisdiction means the State of Queensland, Australia. Arbitration Method means through the Australian Centre for International Commercial Arbitration (“ACICA”) in accordance with its rules for arbitration. Business Day means a day (other than a Saturday, Sunday or public holiday) when banks in the Applicable Jurisdiction are open for business. Content means all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including its selection and arrangements. Content Provider means the external author, designer, creator or provider of Content for our Website, Services, Products or Materials for JORDAN KAHU. Contract means the agreement between the Customer and JORDAN KAHU for the supply of the Services, Products or Materials or any other goods, of which such supply being on these Customer Terms. Customer means any person who orders, purchases, applies for, commences, initiates a trial, test or other preliminary use of or otherwise uses JORDAN KAHU’s web based marketplace or Website, Services, Products or Materials, and includes any representative authorised by such person (whether actual, implied or ostensible) to do any of the foregoing or to accept these Customer Terms (in these Customer Terms, the Customer is also referred to as “you” or “your”). Customer Content means Content uploaded, transmitted, posted or otherwise provided by a Customer to JORDAN KAHU and includes any Customer Data so provided. Customer Data non-public data provided by the Customer to JORDAN KAHU to enable the provision of the Services. Fees means the Implementation Fees and any other fees payable to JORDAN KAHU for the provision of JORDAN KAHU’s Website, Services, Products or Materials. JORDAN KAHU means CHUR Media (ABN 83 847 541 916) of 20 Boundary Road, CAMP HILL QLD, Australia, 4152. JORDAN KAHU Content means Content published or otherwise provided by or through JORDAN KAHU, including through the Website or in the course of supplying Services, Products or Materials or any other goods. GST means goods and services tax or value added tax or other equivalent indirect tax. GST Law means the law in relation to GST existent in the Applicable Jurisdiction. Implementation Fees has the meaning given to it in clause 5.1. Implementation Services means that part of the Services, including any training, advice or assistance that JORDAN KAHU may offer at its discretion, provided by JORDAN KAHU to enable the Customer to commence to use of its Website, Services, Products or Materials. Intellectual Property means all intellectual property rights, including the following rights: patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential; any application or right to apply for registration of any of the rights referred to in paragraph (a); and all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered. Materials means documents, information, materials (including marketing materials) and communications, provided or made available by or through JORDAN KAHU, including through the Website, Apps and through the provision of Services, Products or Materials or any other goods, and includes JORDAN KAHU Content. Mediation Method means through the Australian Centre for International Commercial Arbitration (“ACICA”) in accordance with its rules for mediation. Products means any products, goods, merchandise or any other materials and items sold by JORDAN KAHU. Privacy Policy means JORDAN KAHU’s privacy policy as amended from time to time, and available at WWW.JORDANKAHU.COM. Service Capacity means the limit of the Services available to the Customer. Services means all services supplied by JORDAN KAHU to the Customer and/or the User via the Website, Apps or by other means, including marketing, promoting, facilitating, offering, hosting and providing courses, mentoring or advice and includes the Implementation Services, as may be detailed more specifically at the discretion of JORDAN KAHU in a Contract or Order Form or service and/or support level agreement. Subscription Agreement (also referred to as Order Form) means a document or subscription or order form that particularises details of the Services, which may include details of the course(s), mentoring, advice, Fees, Term, Material, and other related matters and which may be in the form of a written document or available on line, including on or through the Website or the App.
 User means a person who in any way uses the Website, Apps, courses, mentoring, advice, the Services, Products or Materials or any of the Services (a User may also be a Customer). Website means JORDAN KAHU’s website at WWW.JORDANKAHU.COM. Interpretation The following rules of interpretation apply unless the contrary intention appears: The singular includes the plural and vice versa; Words that are gender neutral or gender specific include each gender; Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; The words 'such as', 'including', 'particularly' and similar expressions are not used as nor are intended to be interpreted as words of limitation. A reference to: A person includes a natural person, partnership, joint venture, government agency, association, corporation or other body corporate; A thing (including a chose in action or other right) includes a part of that thing; A party includes its successors and permitted assigns; A document (which may be in electronic form) includes all amendments or supplements to that document; A clause, term or party is a reference to a clause or term of, or party to these Customer Terms or the Contract; A law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity or a rule of an applicable financial market and is a reference to that law as amended, consolidated or replaced; An agreement on the part of two or more persons binds them jointly and severally; and No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Customer Terms.