More than anything we want you to enjoy the gentSac. experience and what we have put together in our service, website and e-commerce store.Please read through our terms and conditions below which have been developed to protect everyone’s best interest and are lawfully considered accepted in the use of our site and/or browsing, purchasing, subscribing through our site www.gentsac.com.au
Terms and Conditions
1. gentSac™ and you(a) “gentSac™” (“gentSac”), whose principal place of business is at 75 Miller Street, North Sydney.This document explains how the agreement is made up, and sets out some of theterms of that agreement.
(b) Your use and/or purchase of gentSac’s products, services and websites (including affiliated websites and pages, and including but not limited to the
website at www.gentsac2015.wpengine.com) (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and gentSac.
(c) Unless otherwise agreed in writing with gentSac, your agreement with gentSac will always include, at a minimum, the terms and conditions set out in this document (“Universal Terms”).
(d) Your agreement with gentSac will also include the terms of any Legal Notices we send you or post on any website owned or operated by gentSac applicable to the Services, in addition to the Universal Terms. All of these are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
(f) If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
(a) In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
(a) You can accept the Terms by:
(i) clicking to accept or agree to the Terms, where this option is made available to you by gentSac in the user interface for any Service; or
(ii) by actually using the Services. In this case, you understand and agree that gentSac will treat your use of the Services as acceptance of the Terms from that point onwards.
(b) You may not use the Services and may not accept the Terms if (a) you are not of legal age or capacity to form a binding contract with gentSac, or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(c) gentSac Services are presently only available to persons residing in the Commonwealth of Australia.
(d) Before you continue, you should print off or save a local copy of the Universal Terms for your records and ensure that you have obtained independent legal advice in relation to the Universal Terms.
3. Language of the Terms
(a) Where gentSac has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with gentSac.
(b) If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by gentSac
(a) gentSac will use all reasonable endeavours to provide the Services to you as
represented on the gentSac website, or any instructional or promotional material
provided by or on behalf of gentSac.
(b) You acknowledge and agree that the form and nature of the Services which
gentSac provides may change from time to time without prior notice to you, and
you shall remain bound by the Terms when using the Services in any updated or
(c) You acknowledge and agree that gentSac may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you or to users
generally at gentSac’s sole discretion, without prior notice to you. You may stop
using the Services at any time. You do not need to specifically inform gentSac
when you stop using the Services.
(d) You acknowledge and agree that if gentSac disables access to your account, you
may be prevented from accessing the Services, your account details or any files
or other content which is contained in your account.
(e) You acknowledge and agree that while gentSac may not currently have set a
fixed upper limit on the number of transmissions you may send or receive through
the Services or on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by gentSac at any time, at gentSac’s
5. Supply of gentSac products
(a) gentSac is not directly engaged in manufacturing or importation of products
supplied by us. All products are sourced from manufacturers or importers
(b) gentSac relies on representations made by our suppliers and will not be liable to
you for any misrepresentation made, if we reasonably relied upon such
representation in sourcing any supplying the Services, to the extent allowed by
(c) gentSac. will charge your nominated payment card/type as authorised by you
during the subscription sign-up process with the applicable and correlating price
to your nominated subscription on the same date of the month as per your
original sign-up/purchase in line with the frequency you have selected. E.g if you
signed up on the 1st of the month and selected bi-monthly you will be charged on
the 1st of every second month. Once payment has been processed and approved
your subscription package will be sent out. Delivery times will vary depending on
where in Australia your package is being sent to – we aim to have all purchases
delivered within 5 business days of payment, however will not be liable to you for
any delays in delivery whatsoever.
(d) You agree to pay all fees charged to your account based on gentSac’s pricing,
charges, and billing terms in effect as shown on the payment page used when
you first sign-up and enter personal and payment details for a Subscription to the site or purchase from the site.
(e) Information provided by you will be relied upon for the purposes of delivery. We will not be liable to you for incorrect information provided by you in relation to
(f) gentSac attempts to be as accurate as possible. However, gentSac does not warrant that the product descriptions made by gentSac are accurate, complete, reliable, current or error-free. If a product offered by gentSac is not as described, your only remedy is to return it to gentSac in unused condition and obtain a refund for that product alone.
(g) All refunds and terminations of your gentSac subscription must be made in
accordance with Clause 14 of these Terms.
(h) In the event that a product will not be delivered as described on our website,
gentSac will discharge its obligations of accurate representation to you by
notifying you of any changes prior to delivery of that product to you.
(i) The information we provide is intended to enhance lifestyle, entertain and inform
however is not intended to serve as or in place of medical advice. If unsure
please consult with your doctor, health care provider, parent or legal guardian
regarding the use of any products, goods or material obtained from the gentSac.
website before commencing or continuing to use or refer to them. If you are
experiencing anything that requires professional medical examining or
observation, please contact your Doctor/Health Care Provider/ Parent/ Legal
(j) All products purchased by you from gentSac:
(i) are pursuant to a shipment contract. Risk of loss and title for these goods
will pass to you once goods are despatched by gentSac for delivery;
(ii) will be delivered using ordinary post with Australia Post. We will not
accept any liability for late delivery or non-delivery of goods purchased
(iii) are priced in Australian Dollars; and
(iv) will be charged, unless expressly stated otherwise, as inclusive of Goods
and Services Tax pursuant to A New Tax System (Goods and Services
Tax) Act 1999 (Cth). We will issue a tax invoice for all purchases,
delivered to your nominated email account.
6. Your Use of the Services
(a) In order to access certain Services, you will be required to provide information
about yourself (identification, payment and contact details) as part of the
registration process for the Service, or as part of your continued use of the
Services. You agree that any registration information you give to gentSac will
always be accurate, correct and up to date, and will be provided in accordance
(b) gentSac will rely on the accuracy of the information you provide. All Services
(including but not limited to deliveries made by gentSac) will be provided in
accordance with the information you have provided as at the date of provision of
the Services. gentSac will not be liable to you in any respect or for any amount
for any loss suffered by you (including any misdelivered items) if you have not
provided accurate information.
(c) You agree to use the Services only for purposes that are permitted by (a) these
Terms and (b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions (including any laws regarding the export of
data or software to and from Australia or other relevant countries).
(d) You agree not to access (or attempt to access) any of the Services by any means
other than through the interface that is provided by gentSac, unless you have
been specifically allowed to do so in a separate agreement with gentSac. You
specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and
shall ensure that you comply with the instructions set out in any robots.txt file
present on the Services.
(e) You agree that you will not engage in any activity that interferes with or disrupts
the Services (or the servers and networks which are connected to the Services).
(f) Unless you have been specifically permitted to do so in a separate agreement
with gentSac, you agree that you will not reproduce, duplicate, copy, sell, trade or
resell the Services for any purpose.
(g) You agree that you are solely responsible for (and that gentSac has no
responsibility to you or to any third party for) any breach of your obligations under
the Terms and for the consequences (including any loss or damage which
gentSac may suffer) of any such breach. You agree to indemnify gentSac for any
loss suffered by reason of any breach of your obligations under the Terms
(jncluding any consequential damages).
7. Your passwords and account security
(a) You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access the
(b) Accordingly, you agree that you will be solely responsible to gentSac for all
activities that occur under your account, and gentSac will not be responsible for
any loss suffered by you or any other person by reason of unauthorised use of
(c) You may not transfer your account to any other person, unless specifically
agreed in writing by gentSac.
(d) If you become aware of any unauthorised use of your password or of your
account, you agree to change your account password and notify gentSac
immediately at email@example.com.
8. Privacy and your personal information
(a) For information about gentSac’s data protection practices, please read gentSac’s
information, and protects your privacy, when you use the Services.
9. Content in the Services
(a) You understand that all information (such as data files, written text, computer
software, music, audio files or other sounds, photographs, videos or other
images) which you may have access to as part of, or through your use of, the
Services are the sole responsibility of the person from which such content
originated. All such information is referred to below as the “Content”.
(b) You should be aware that Content presented to you as part of the Services,
including but not limited to advertisements in the Services may be protected by
intellectual property rights which are owned by the sponsors or advertisers who
provide that Content to gentSac (or by other persons or companies on their
behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative
works based on this Content (either in whole or in part) unless you have been
specifically told that you may do so by gentSac or by the owners of that Content,
in a separate written agreement.
(c) gentSac reserves the right (but shall have no obligation) to pre-screen, review,
flag, filter, modify, refuse or remove any or all Content from any Service. For
some of the Services, gentSac may (but has no obligation to) provide tools to
filter out explicit sexual content.
(d) You understand that by using the Services you may be exposed to Content that
you may find offensive, indecent or objectionable and that, in this respect, you
use the Services at your own risk. gentSac accepts no responsibility for any
exposure you have to such content by using the Services.
(e) You agree that you are solely responsible for (and that gentSac has no
responsibility to you or to any third party for) any Content that you create,
transmit or display while using the Services and for the consequences of your
actions (including any loss or damage which gentSac may suffer) by doing so.
You will indemnify gentSac for any loss or damage suffered by gentSac as a
result of Content published by you.
10. Proprietary rights
(a) gentSac and the ‘gentSac’ logo are both trademarks owned by Shira Linker-
O’Sullivan and Ross O’Sullivan.
(b) You acknowledge and agree that gentSac (or gentSac’s licensors) own all legal
right, title and interest in and to the Services, including any intellectual property
rights which subsist in the Services (whether those rights happen to be registered
or not, and wherever in the world those rights may exist). You further
acknowledge that the Services may contain information which is designated
confidential by gentSac and that you shall not disclose such information without
gentSac’s prior written consent.
(c) Unless you have agreed otherwise in writing with gentSac, nothing in the Terms
gives you a right to use any of gentSac’s trade names, trade marks, service
marks, logos, domain names, and other distinctive brand features.
(d) If you have been given an explicit right to use any of these brand features in a
separate written agreement with gentSac, then you agree that your use of such
features shall be in compliance with that agreement, and any applicable
provisions of these terms.
(e) Other than the limited license set out below, gentSac acknowledges and agrees
that it obtains no right, title or interest from you (or your licensors) under these
Terms in or to any Content that you submit, post, transmit or display on, or
through, the Services, including any intellectual property rights which subsist in
that Content (whether those rights happen to be registered or not, and wherever
in the world those rights may exist). Unless you have agreed otherwise in writing
with gentSac, you agree that you are responsible for protecting and enforcing
those rights and that gentSac has no obligation to do so on your behalf. gentSac
shall not be responsible for any infringement of those rights by any person or
(f) You agree that you shall not remove, obscure, or alter any proprietary rights
notices (including copyright and trade mark notices) which may be affixed to or
contained within the Services.
(g) Unless you have been expressly authorised to do so in writing by gentSac, you
agree that in using the Services, you will not use any trade mark, service mark,
trade name, logo of any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user of such marks,
names or logos. You agree to wholly indemnify gentSac for any loss or damage
suffered by gentSac by reason of any breach by you of this Clause.
11. License from gentSac
(a) gentSac gives you a personal, worldwide, royalty-free, non-assignable and non-
exclusive license to use the software (including websites) provided to you by
gentSac as part of the Services as provided to you by gentSac (referred to as the
“Software” below). This license is for the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided by gentSac, in the manner permitted
by the Terms.
(b) You may not (and you may not permit anyone else to) copy, modify, create a
derivative work of, reverse engineer, decompile or otherwise attempt to extract
the source code of the Software (including our website) or any part thereof,
unless this is expressly permitted or required by law, or unless you have been
expressly told that you may do so by gentSac, in writing.
(c) Unless gentSac has given you specific written permission to do so, you may not
assign (or grant a sub-license of) your rights to use the Software, grant a security
interest in or over your rights to use the Software, or otherwise transfer any part
of your rights to use the Software.
12. Software updates
(a) The Software which you use may automatically download and install updates
from time to time from gentSac. These updates are designed to improve,
enhance and further develop the Services and may take the form of bug fixes,
enhanced functions, new software modules and completely new versions. You
agree to receive such updates (and permit gentSac to deliver these to you) as
part of your use of the Services.
(a) You agree to fully and promptly indemnify gentSac against any loss (either direct
or indirect) damage or expense whatsoever which gentSac may suffer or incur in
(1) Any breach by you of the provisions of this agreement; or
(2) Any claim by any person against you arising out of or in respect of the
exploitation of the intellectual property in the Services by gentSac.
(b) You irrevocably release gentSac and waive all claims which you may have in the
future against gentSac, in respect of any action, claim or remedy whatsoever in
any way attributable to the exploitation of the intellectual property in the Services
14. Ending your relationship with gentSac and refund policy
(a) The Terms will continue to apply until terminated by either you or gentSac as set
(b) Subject to the balance of this clause, if you want to terminate your legal
agreement with gentSac, you may do so by:
(i) notifying gentSac at any time at firstname.lastname@example.org; and
(ii) closing your accounts for all of the Services which you use, where
gentSac has made this option available to you.
(c) Members who have subscribed to our Services may cancel a subscription only if
you notify us within 14 days of your subscription anniversary (as defined in the
FAQ section of the gentSac website (www.gentsac2015.wpengine.com). Any request to
cancel should be sent to email@example.com.
(d) If you would like to change your gentSac subscription, please notify us at least 14
days before your subscription anniversary and we can assist in making the
changes. Any notification should be sent to firstname.lastname@example.org.
(e) You may refund any goods obtained using the Services if an item is broken,
leaked, or already opened – although we take extreme care when sending our
gentSacs out to ensure this is not the case when it leaves us. In order to obtain
such a refund, you must notify us in writing within 7 days, and we will refund and
can arrange for the product to be shipped back to us at our expense.
(f) Notwithstanding the above, you may obtain a refund for any goods delivered if
you notify us in writing within 7 days of receipt of those goods. You will be
refunded for the equivalent of one month’s subscription. Such notification will
have no effect on any subsisting subscription, which shall continue for the
remainder of the term of the subscription. You will only be entitled to one month’s
refund for the life of your subscription.
(g) gentSac may at any time, terminate its legal agreement with you if:
(i) you have breached any provision of this agreement (or have acted in
manner which clearly shows that you do not intend to, or are unable to
comply with the provisions of this agreement); or
(ii) gentSac is required to do so by law (for example, where the provision of
the Services to you is, or becomes, unlawful); or
(iii) any partner with whom gentSac offered the Services to you has
terminated its relationship with gentSac or ceased to offer the Services to
(iv) gentSac is transitioning to no longer providing the Services to users in the
country in which you are resident or from which you use the service; or
(v) the provision of the Services to you by gentSac is, in gentSac’s opinion,
no longer commercially viable; or
(vi) for any other reason gentSac in its reasonable discretion thinks fit.
(h) In the event that the agreement for any reason outlined in this Clause, gentSac
may (but is not obliged to) refund you for Services not used at the time of
(i) Nothing in this Section shall affect gentSac’s rights regarding provision of
Services under the Terms.
(j) When these Terms come to an end, all of the legal rights, obligations and
liabilities that you and gentSac 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 these Terms shall continue to apply to such rights, obligations and
15. EXCLUSION OF WARRANTIES
(a) NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT GENTSAC’S
WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY
EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE
CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF
IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR
JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(b) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE
PROVIDED “AS IS” AND “AS AVAILABLE.”
(c) IN PARTICULAR, GENTSAC DO NOT REPRESENT OR WARRANT TO YOU
(i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR OR VIRUSES,
(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM GENTSAC OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(f) GENTSAC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
16. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENTSAC, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE
LIABLE TO YOU FOR:
(i) 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 NOT BE LIMITED TO, ANY LOSS OF PROFIT
(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA
SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR OTHER INTANGIBLE LOSS;
(ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU.,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT
OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS,
ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A
RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU
AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE SERVICES.
(iii) ANY CHANGES WHICH GENTSAC MAY MAKE TO THE SERVICES,
OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE
PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE
(iv) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR
TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(v) YOUR FAILURE TO PROVIDE GENTSAC WITH ACCURATE
(vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT
DETAILS SECURE AND CONFIDENTIAL;
(b) THE LIMITATIONS ON GENTSAC’S LIABILITY TO YOU ABOVE SHALL APPLY
WHETHER OR NOT GENTSAC HAS BEEN ADVISED OF OR SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
(c) IN THE EVENT THAT GENTSAC IS FOUND TO BE LIABLE TO YOU, OUR
LIABILITY SHALL BE LIMITED TO A REFUND OF AMOUNTS PAID BY YOU
17. Copyright and trade mark policies
(a) It is gentSac’s policy to respond to notices of alleged copyright and trademark
infringement that comply with applicable international intellectual property law,
including the Copyright Act and Trade Marks Act (Cth of Australia) and to
terminating the accounts of repeat infringers.
(a) Some of the Services are supported by advertising revenue and may display
advertisements and promotions. These advertisements may be targeted to the
content of information stored on the Services, queries made through the Services
or other information.
(a) The manner, mode and extent of advertising by gentSac on the Services are
subject to change without specific notice to you.
(b) In consideration for gentSac granting you access to and use of the Services, you
agree that gentSac may place such advertising on the Services.
(c) Without limiting the effect of the above, gentSac accepts no responsibility and will
not be liable to you for any loss suffered by reason of the existence any
advertising on the Services.
19. Other content
(a) The Services may include hyperlinks to other web sites or content or resources.
gentSac may have no control over any web sites or resources which are provided
by companies or persons other than gentSac.
(b) You acknowledge and agree that gentSac is not responsible for the availability of
any such external sites or resources, and does not endorse any advertising,
products or other materials on or available from such web sites or resources.
(c) You acknowledge and agree that gentSac is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external sites
or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or
available from, such web sites or resources.
20. Changes to the Terms
(a) gentSac may make changes to the Universal Terms or Additional Terms from
time to time. When these changes are made, gentSac will make a new copy of
the Terms available on our website or any other Software and any new Additional
Terms will be made available to you from within, or through, the affected
Services. gentSac shall not be required to otherwise notify you of any changes to
the Terms or Additional Terms, and you agree to be bound by the Terms as
applicable from time to time.
(b) You understand and agree that if you use the Services after the date on which
the Universal Terms or Additional Terms have changed, gentSac will treat your
use as acceptance of the updated Universal Terms or Additional Terms.
21. General legal terms
(a) Sometimes when you use the Services, you may (as a result of, or through your
use of the Services) use a service or download a piece of software, or purchase
goods, which are provided by another person or company. Your use of these
other services, software or goods may be subject to separate terms between you
and the company or person concerned. If so, the Terms do not affect your legal
relationship with these other companies or individuals.
(b) The Terms constitute the whole legal agreement between you and gentSac and
govern your use of the Services (but excluding any services which gentSac may
provide to you under a separate written agreement), and completely replace any
prior agreements and/or representations between you and gentSac in relation to
(c) You agree that gentSac may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on the Services.
(d) You agree that if gentSac does not exercise or enforce any legal right or remedy
which is contained in the Terms (or which gentSac has the benefit of under any
applicable law), this will not be taken to be a waiver of gentSac’s rights and that
those rights or remedies will still be available to gentSac.
(e) If any court of competent jurisdiction rules that any provision of these Terms is
invalid, then that provision will be read down or removed from the Terms without
affecting the rest of the Terms. The remaining provisions of the Terms will
continue to be valid and enforceable.
(f) No agency or partnership shall be construed to have been created by virtue of
(g) You acknowledge and agree that each member of any company or entity to
which gentSac is directly affiliated (through whole or part ownership or control)
shall be third party beneficiaries to the Terms and that such other companies
shall be entitled to directly enforce, and rely upon, any provision of the Terms
which confers a benefit on (or rights in favor of) them. Other than this, no other
person or company shall be third party beneficiaries to the Terms.
(h) The Terms, and your relationship with gentSac under the Terms, shall be
governed by the laws of the State of New South Wales (or Australia where
applicable) without regard to its conflict of laws provisions. You and gentSac
agree to submit to the exclusive jurisdiction of the courts located within the State
of New South Wales (or Australia, where applicable) to resolve any legal matter
arising from the Terms. Notwithstanding this, you agree that gentSac shall still be
allowed to apply for injunctive remedies (or an equivalent type of urgent legal
relief, interlocutory or final) in any jurisdiction.
(h) You acknowledge and warrant that you are of legal capacity and have obtained,
or had a reasonable opportunity to obtain independent legal advice in relation to
the Terms and enter this agreement with an understanding of the legal and
practical effect of the Terms. gentSac shall not be liable for any breach of this