General Provisions
General Provisions
1.1 Currency
All fees in AUD unless stated otherwise.
1.2 Force Majeure
No liability for events beyond reasonable control.
1.3 Assignment & Subcontracting
No assignment/subcontract without consent; Hat Studio may delegate to Affiliates.
1.4 Mutual Indemnity
1.Platform Indemnity: Hat Studio Pty Ltd will indemnify, defend, and hold Subscriber harmless from any third-party claim that the Platform as provided infringes such third party’s intellectual property rights or that Hat Studio’s breach of confidentiality or security obligations caused a data breach, provided that Subscriber:
a. promptly notifies Hat Studio in writing of the claim;
b. gives Hat Studio sole control of the defence and any settlement; c. cooperates fully in the defence as reasonably requested.
2.Subscriber Indemnity: Subscriber will indemnify, defend, and hold Hat Studio Pty Ltd harmless from any third-party claim arising out of:
a. Subscriber’s breach of this Agreement;
b. any content or material submitted by Subscriber (including scans of sites Subscriber does not own or control);
c. Subscriber’s misuse of the Platform or services.
1.5 Amendment Procedure
Updates posted with new Effective Date; continued use = acceptance.
1.6 Severability & Waiver
Invalid provisions don’t affect remainder; no waiver by inaction.
1.7 Entire Agreement
Supersedes prior agreements.
1.8 Notices
Notices to legal@includ.com.au or registered mail to PO BOX 1257, Dee Why, NSW 2099, Australia.
1.9 Relationship
Independent contractors; no partnership or agency.
1.10 Survival
Key clauses survive termination.
1.11 Export Controls & Anti-Bribery
Compliance with laws.
1.12 Electronic Signatures
Binding as handwritten signatures.
1.13 International Customers
Responsible for local compliance.
1.14 No Third-Party Reliance
Third-party references for informational purposes only.