19.1. In this agreement, terms have the meaning given to them throughout the agreement (including the schedules) and, unless the context otherwise requires, as follows.
Business Day means a day, between 8:00am and 5:00pm that is not a Saturday, Sunday, bank holiday or a public holiday in New South Wales or in the state, province or equivalent that the Retailer is located (as the context requires).
Confidential Information means confidential, proprietary and commercially sensitive information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) including information which:
- • is identified as confidential or ought to have been known to be confidential; and
- • relates to the business affairs and practices, including financial information, business opportunities, business plans, business processes and methodologies,
but does not include information which is in, or comes into, the public domain other than by a breach of this agreement, or which is independently known to the other party as evidenced by its written record.
Consequential Loss means any Loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss.
Dispute Notice means a notice issued by a party claiming a dispute has arisen, which is issued to the other party setting out the nature of the dispute and all other information relevant to the dispute.
Force Majeure Event means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority (including public health orders), which:
- • directly or indirectly results in a party being prevented from or delayed in performing any of its obligations under this agreement; and
- • is beyond the reasonable control of that party.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
Loss means any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise, and Loss has an equivalent meaning.
Our Email means the email address hello@huntleyandco.com.au.
Our Materials means all content or materials provided by us to you while supplying the Services, including words, images, logos, information, documents and materials, our Website, and any other content in which we own the Intellectual Property Rights.
Your Email means the email address you supply to us with your Order.
