These Terms and Conditions govern your access to and use of the Services provided through our Site. By opening an Account and/or using the Services offered through our Site, you agree to be legally bound by these Terms and Conditions.
2.1 These Terms and Conditions shall apply to your use of the Site and all Services made available by us to you through an Account opened on the Site. When you open an Account, make bookings or make bookings available to third parties, provide any instructions with respect to specific Services you may require or accept delivery of the Services, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.
2.2 Nothing in these Terms and Conditions purports to limit your rights arising pursuant to the Australian Consumer Law (including the right to insist that Services you acquire from us must correspond with their description, be fit for their purpose and be of satisfactory quality).
2.3 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
2.4 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.
2.5 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on our Site. However, continued use of the Site will be deemed to constitute your acceptance of the new Terms and Conditions.
3. USING OUR SITE
3.1 You may use our Site irrespective as to your age. To open and administer an Account with our Site however, you must be over eighteen (18) years of age, and where payment is required of you, possess a valid credit or debit card issued by a bank acceptable to us.
3.2 You warrant that all information provided to us by you, including User Data, is true, accurate and current, and you agree to promptly notify us of any change in such information.
3.3 We grant you the right to access and responsibly use the Services offered by the Site. This right is not exclusive, not transferable, and is subject to these Terms and Conditions.
3.4 Responsibility for, and control over, User Data relating to a particular individual will always remain with the relevant Administrator for the Account to which the data is submitted.
3.5 You must not use the Site or Services for any illegal purpose or post any content or other information or material that is illegal, defamatory, abusive, harmful, obscene, offensive, objectionable or racist. Further, you must not use the Services or post any content which breaches any person's rights of privacy, contains viruses, or infringes any person's intellectual property rights.
3.6 You will be responsible for any and all claims, losses, damages, costs and expenses arising out of your submissions of information to the Site. In particular (and without limitation), you will be responsible for any claims that any of the content you supply or post is illegal or offensive.
4. THE SERVICES WE PROVIDE
4.1 "My Book It" offers online class booking, payment and management services which can be administered for training, coaching or education classes of many forms and sizes.
4.2 The Site and Services made available to Administrators and Users respectively may evolve and change over time.
4.3 We reserve the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Services (or any part of them) with or without notice to Administrators or Users.
4.4 We will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Services.
4.5 We take all reasonable steps to ensure that the Services will function as intended once an Account is created by the Administrator, however, you acknowledge and agree that your access to the Site and Accounts may be disrupted as a result of any malfunction, updating, maintenance or repair of the Site or for any other reason within or outside our control (such as availability of the internet).
4.6 We will not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Services or access Accounts. We will try to promptly address (during normal business hours) all technical issues that arise in relation to the Services.
4.7 You agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and store and manage User Data.
4.8 You further agree that use of the Services is at your own risk and that we do not warrant that the Services will meet your specific requirements, or that use of the Services will be uninterrupted, timely, secure, or error-free.
5. OPENING AN ACCOUNT AND PROVIDING PAYMENT
5.1 When opening an Account, you must follow the instructions in the "Support" component of the Site as to how to create classes, add instructors or locations and enable User access through the Account.
5.2 Irrespective of any previous price you have seen or heard, once you select a Service that you wish to subscribe for, you will then be shown or told (on the Site) the charges you must pay (including GST if applicable), and any applicable set-up fees. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Australia. Subject to clause 5.11 below, this is the total that you will pay for receipt of the ordered Service.
5.3 You must pay for the set-up fees associated with opening an Account in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
5.4 Ongoing fees are generally charged on a "per-student" basis at the end of each calendar month, however such fees may be subject to change from time to time. We will provide Users with reasonable notice prior to any changes in fees so that Users may make an informed decision as to whether or not they wish to continue their subscription for the Services.
5.5 If you are asked for details of a payment card, you must be fully entitled to use that card and its corresponding bank account. The card or account must have sufficient funds to cover the proposed payment to us.
5.6 You undertake and warrant that all details you provide to us for the purpose of accessing the Service from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your payment details before providing you with the Service.
5.7 When you submit a request to open an Account with the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your request. You are responsible for reviewing the latest Terms and Conditions each time you submit your request.
5.8 Your request remains valid as an offer until we confirm your request has been accepted by us or, if earlier, when we receive your notice revoking your request.
5.9 We shall not be obliged to supply you with access to the Services to you until we have accepted your request. Unless expressly stating that we accept your request, an email, letter, fax or other acknowledgement of your request by us is purely for information purposes and does not constitute the acceptance of your request. In that acknowledgement, we may give you a reference number and details of the Service you have requested. We may in our discretion refuse to accept a request from you for any reason, including unavailability of Services or we may offer you an alternative Service (in which case we may require you to re-submit your request first).
5.10 A contract shall be formed and we shall be legally bound to supply your access to the Service when we accept your request for the opening of an Account. Acceptance shall take place when we expressly accept your request by email to you stating that we are accepting your request. Our confirmation shall be deemed to come into effect when it has been despatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your request. Until the time when we accept your request, we reserve the right to refuse to process your request and you reserve the right to cancel your request. If we or you have cancelled your request before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Service.
5.11 If you discover that you have made a mistake with your request after you have submitted it to the Site, please contact us immediately.
5.12 We try very hard to ensure that the price given to you is accurate, but the price of the Services you have requested will need to be validated by us as part of our acceptance procedure. If the price for the Service changes before we accept your request, we will contact you and ask you to confirm that you wish to proceed at the amended price.
5.13 A contract will relate only to those Services whose provision we have confirmed. We will not be obliged to supply any other Services which may have been part of your request until we have sent a confirmation in relation to those Services.
5.14 You must only submit to us, our agent, or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
6. ACCOUNT SECURITY
6.1 You acknowledge that the nature of the User Data submitted to and made available to Users in the Services is sensitive and personal to the individual to which it relates. As such, you must keep your Account password confidential.
6.2 The User and/or Administrator is responsible for all actions taken by any person that has attained access to their Account and agrees to notify us immediately of any unauthorised use of their Account or other breach of security.
6.3 The User must not attempt to gain unauthorised access to any User Data that they do not have permission to access. The User must not undermine the security or integrity of the Site or our systems or networks.
7. CANCELLATION BY US
We may cancel your Account if the Service to which it relates is no longer available for any reason. We will notify you if this is the case, however you acknowledge that any payment made by you for the supply of Services during month within which the date of termination falls will not be refunded to you unless required by law.
8. CANCELLATION BY YOU
8.1 Administrators may cancel their Accounts by following the prompts available on the Site. You acknowledge that the Service is a monthly service and as such any termination by you will only take effect at the end of the month within which the date of termination falls.
8.2 It is the Administrator's responsibility to remove all User Data from their Account prior to cancellation, as this information may not be available after cancellation. We will nonetheless in some circumstances be able to provide you with a summary of the information attributable to the Account for a reasonable fee nominated by us from time to time.
9. DEFECTS IN THE SERVICES
9.1 The Services are intended to be used strictly in accordance with the policies and procedures set out within the "Support" component of the Site. It is your responsibility to ensure that you use the Service strictly in accordance with those instructions.
9.2 We try very hard to maintain the Services in excellent condition. However, if you tell us that an aspect of the Services is not operating property, you agree to stop using the Services and make them available for us (or our agent) to inspect within a reasonable time.
9.3 In order to provide you with any remedies for defects to the Services, we may need your assistance and prompt provision of certain information regarding the Services, including:
(a) you specifying with reasonable detail the way in which it is alleged that the Services are not operating correctly; and
(b) you providing us with such other information as we reasonably require.
10.1 This clause outlines the ways in which we collect, use, disclose, store, secure, manage and dispose of Users' Personal Information in accordance with the Australian Privacy Principles ("the APP's").
10.2 We will take all reasonable precautions to ensure the User Data supplied to us is kept secure and protected from unauthorised access.
10.3 It is the responsibility of Administrators to ensure they have the consent of individual's prior to submitting their Personal Information to the Site for use in connection with the Services.
10.4 The kinds of Personal Information we collect relating to Users will depend on the nature of their relationship with us.
If you are an administrator of an Account we will generally collect the following particulars of your Personal Information in order to provide services to you:
(a) Your name and contact details;
(b) Details regarding the organisation you represent, including its contact details; and
(c) Your credit card or bank account details.
If you are a user of our Site and access class information through the Services, we will generally collect the following particulars of your Personal Information in order to provide services to you:
(a) Your name and contact details;
(b) Details regarding the classes you enrol in or roster through the Site (or the minor on whose behalf you access the Site); and
(c) Your credit card or bank account details (where applicable for any online payments made by you through the Site, if any).
C. Online Visitors
We collect website activity statistics such as the number of visitors, pages visited, time and date of visit and where you accessed our Site from, so that we can make informed decisions relating to improving our Site and the Services we deliver. This information is anonymous and doesn't identify a person.
When you visit our Site a cookie is placed on your computer. The cookie does not contain Personal Information that can identify you, but may contain information about the page you visited on our Site. If you do not wish for this to occur, you can remove cookies from your computer, by following the standard procedures applicable to your internet browser.
You are entitled to provide your Personal Information to us without identifying yourself or through the use of a pseudonym, unless:
(a) we are required by law to only deal with individuals who have identified themselves when providing the Services that you have requested we provide; or
(b) we form the view that it is impractical to provide the Services that you have requested we provide without being able to identify you personally.
In these circumstances we reserve the right to not provide Services to you unless you identify yourself when providing your Personal Information.
10.6 We will collect the majority of your Personal Information from you directly, generally through your submission of details to us through the Site. We may also however obtain your Personal Information from the Administrator who establishes an Account with us for the purposes of enabling you to make and/or vary bookings through our Site. We will obtain your consent before contacting any third party in order to actively seek the collection of your Personal Information.
10.7 We collect, hold, use and disclose your Personal Information for the following purposes:
(a) Providing you with the Services that you have requested we provide;
(b) Providing you with information about other services that we, our related entities and other organisations that we have affiliations with, offer that may be of interest to you;
(c) Facilitating our internal reporting obligations, including the fulfilment of any legal requirements; and
(d) Analysing our Services with the view of developing new or improved Services.
10.8 You may access or seek the correction of any Personal Information held by us by contacting the organisation who administers the Account you access through the Site. If you have difficulty contacting this organisation, we can provide you with their contact details at no expense to you.
10.9 If at any stage you feel we have breached the APP's in our collection, use, disclosure, storage, security, management or disposal of your Personal Information, you may lodge a complaint with our Privacy Officer using the contact details available on our Site.
10.10 We are committed to protecting your privacy and as such we treat all complaints very seriously. Our Privacy Officer will address your concerns with our company directors and contact you to ensure you are satisfied with our proposed resolution. If we do not respond to you within 30 days or you are not satisfied with our response, you are entitled to lodge a "Privacy Complaint Form" with the Office of the Australian Information Commissioner. Copies of this form and details relating to lodgement are available at www.oaic.gov.au/privacy/making-a-privacy-complaint.
10.11 We may in the course of your membership with our organisation disclose your Personal Information to the following recipients:
(a) The Administrator of the Account through which you access the Site;
(b) Our professional advisers, including our accountants, auditors and lawyers; and
(c) Other regulatory bodies as required by law.
We will only disclose your Personal Information to a third party in one or more of the following circumstances:
(a) Where you have granted your prior consent to such a disclosure;
(b) Where you would reasonably expect us to disclose your Personal Information in order to provide the services you have requested we provide to you;
(c) Where we are required to disclose your Personal Information to a third party by law;
(d) Where our disclosure of your Personal Information will prevent or lessen a serious threat to a person's life, health or safety or to public health or safety;
(e) Where it is necessary with regards to suspected unlawful activity, or misconduct of a serious nature that relates to our functions or activities;
(f) Where it will prevent or lessen a serious threat to somebody's life, health or safety or to public health or safety;
(g) Where it is reasonably necessary to assist in locating a missing person;
(h) Where it is reasonably necessary to establish, exercise or defend a claim at law;
(i) Where it is reasonably necessary for a confidential dispute resolution process;
(j) Where it is reasonably necessary for the enforcement of a law conducted by an enforcement body;
(k) Where it is otherwise required or authorised by law.
We do not as a matter of course disclose the Personal Information of Users to overseas recipients. Where we intend to do so, we will advise you of the location in which such overseas recipient is likely to be located so as to obtain your informed consent to such a disclosure before it is made, and take steps to ensure the use, disclosure, storage, security, management and disposal of your Personal Information by the overseas recipient is subject to safeguards, either equal to or superior to those afforded to you by Australian law.
11. LIMITATION OF LIABILITY
This clause 11 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Service or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
Nothing in these Terms and Conditions shall exclude or limit:
(a) our Liability for
(ii) death or personal injury caused by our Breach of Duty;
(iii) any breach of the obligations implied by law; or
(iv) any other Liability which cannot be excluded or limited by applicable law; or
(b) your statutory rights as a consumer.
11.3 In performing any obligation under these Terms and Conditions, including the provision of Services to you, our only duty is to exercise reasonable care and skill.
11.4 Subject to clause 11.2:
(a) we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and
(b) we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
(c) you should not rely on any information accessed using the Site to make a purchasing decision - you should make your own enquiries before forming your own opinion and taking any action based on any such information.
11.5 Save as provided in clauses 11.2, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
11.6 Save as provided in clause 11.2, we shall have no Liability for:
(a) loss of revenue;
(b) loss of actual or anticipated profits;
(c) loss of contracts;
(d) loss of the use of money;
(e) loss of anticipated savings;
(f) loss of business;
(g) loss of operation time;
(h) loss of opportunity;
(i) loss of goodwill;
(j) loss of reputation;
(k) loss of, damage to or corruption of data; or
(l) any indirect or consequential loss;
arising from your use of the Services or the Site, and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, clauses 11.6(a) to 11.6(l) apply whether such losses are direct, indirect, consequential or otherwise.
11.7 Save as provided in clause 11.1:
(a) our total Liability under any contract formed under these Terms and Conditions shall in no circumstances exceed, in aggregate, a sum equal to the greater of
(i) $100; or
(ii) 110% of the value of the relevant contract under which the cause of action arises; and
(b) our total Liability to you or any third party shall not in any other circumstances exceed, in aggregate, a sum equal to the greater of:
(ii) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.
The limitation of Liability under clause 11.7 has effect in relation both to any Liability expressly provided for under these Terms and Conditions and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions.
12.1 We shall perform our obligations under these Terms and Conditions with reasonable care and skill.
12.2 We place great value on our Users' satisfaction. You may contact us at any time using the contact details available on the Site. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint.
12.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of screenshots of any defects in the Services taken from your desktop or device. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
13. IMPLIED TERMS AND CONSUMER GUARANTEES
13.1 Subject to subclause 13.2, any condition or warranty which would otherwise be implied in this agreement is hereby excluded.
13.2 Pursuant to sections 64A of the Australian Consumer Law, this subclause applies in respect of any goods or services supplied under this agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this subclause will not apply if the Customer establishes that reliance on it would not be fair and reasonable. Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited:
(a) in the case of goods, to any one of the following as determined by the Supplier:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services, to any one of the following as determined by the Supplier:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
13.3 Either you or we may terminate an Account forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of fourteen (14) or more, in which event neither you nor we shall be liable to the other by reason of such termination.
13.4 If we have contracted to provide identical or similar Services to more than one User or Administrator and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which Services we will perform and to what extent.
14. INTELLECTUAL PROPERTY
14.1 The intellectual property rights in all Software and content made available to you on or through the Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
14.2 All intellectual property rights in the User Data submitted to us by Administrators or Users through the Site does not pass to us and remains the property of the Administrator.
15.1 You must not modify the whole or any part of the Software or combine or incorporate the whole or any part of the Software in any other program or system without the prior consent in writing of the Supplier.
15.2 If the Software is modified in accordance with subclause 15.1, the modifications must, unless we direct otherwise, be made in accordance with a written proposal submitted by you to us.
15.3 You shall fully indemnify us and hold us harmless against any liability incurred if the modifications you make to the Software under this clause infringe the Intellectual Property Rights of a third person.
15.4 The Software as modified remains our property.
15.5 This agreement shall continue to apply to the Software as modified.
15.6 This clause is subject to any right of modification arising pursuant to sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth).
16. REVERSE ENGINEERING
Except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth)
, you must not reverse assemble or reverse compile the software or any part of the Software.
17. FORCE MAJEURE
We shall not be liable to you for any Event of Force Majeure, regardless of whether the circumstances in question could have been foreseen.
18.1 No failure or delay by us or you in exercising any right under these Terms and Conditions or a contract formed under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
18.2 If any clause in these Terms and Conditions or a contract formed under these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a contract formed under these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
18.3 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a contract formed under these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions or a contract formed under these Terms and Conditions.
18.4 Nothing in these Terms and Conditions or a contract formed under these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
18.5 No person who is not a party to these Terms and Conditions or a contract formed under these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that contract its assent to any such term.
18.6 These Terms and Conditions and a contract formed under these Terms and Conditions (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Queensland. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of Queensland. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
In these Terms and Conditions, the following words shall have the corresponding meaning:
means the administrator of an Account on the Site
means an Account opened for the provision of Services through the Site
"Breach of Duty"
means the breach of any:
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
means a day which is neither:
(i) a Saturday or Sunday; nor
(ii) a public holiday anywhere in Australia
"Event of Force Majeure"
means any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation
means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions
means information or an opinion that is either specifically about you, or if you are not specifically identified but you are reasonable capable of being identified, irrespective as to:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
means the online class booking, payment and management services offered by us through the Site
means the website www.mybookit.com.au and includes any subdomain of that site allocated to a particular Account (e.g. "[Account Name].mybookit.com.au")
means the applications, programs and other operating information comprising the Site which governs the functioning of the Services
means a user of the Services made available through an Account on the Site, including the Account Administrator
means the data pertaining to a particular User, or the minor on whose behalf the Services are accessed by the User, and may include without limitation that individual's Personal Information
"we" or "us"
means Dean Stephen Bird ABN 46 972 509 781 trading as "My Book It"
means you in your capacity as a User and/or Administrator of the Site and/or an Account through the Site
In these Terms and Conditions:
(a) references to "clauses" are to clauses of these Terms and Conditions;
(b) headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
(c) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; and
(d) references to "includes" or "including" or like words or expressions shall mean without limitation.