Last updated on Tuesday 9th August 2022

TERMS AND CONDITIONS

FOR purchasing lessons, attending lessons and just browsing

Welcome to the Shen Co!

In these terms, we also refer to The Shen Co. Pty Ltd ABN 17 654 223 088 as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use our website, being https://www.theshenco.com/ and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you purchase and/or participate in lessons (Lessons) or recording sessions (Recording Sessions) through this website. Students who attend Lessons will be referred to in this agreement as “Participants”.

If you have any questions about our Lessons or Recording Sessions, you can contact us at any time at pat@theshenco.com or through the “Contact” page on our Website.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here below these Terms of Service.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand. 

Those parts are:

• PART A: Terms for when you purchase and/or participate in Lessons (applies when buy and participate, and incorporates Part C.)

• PART B: Terms for when you browse and interact with this Website (applies when you browse and incorporates Part C)

• PART C: Liability and warranties, and interpretation provisions (applies to buying and participating in Lessons, and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase and Lessons or Recording Sessions unless you have read and agree to these terms.

PART A

FOR WHEN YOU purchase and attend lessons

1. purchasing lessons

   1. By submitting an order for purchase of Lessons using the Website’s functionality (Order) you represent and warrant that you:

      1. have the legal capacity and are of sufficient age to enter into a binding contract with us; and

      2. are authorised to use the debit or credit card you provide with your Order.

   2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Lessons you have ordered in exchange for your payment of the total amount listed upon checkout.

   3. If the Participant is under 18, you acknowledge and agree to these terms on the Participant’s behalf. By acknowledging and agreeing to these terms on behalf a Participant, you warrant that you are the Participant’s parent or legal guardian and have authority to enter into these terms and any other documents (including waivers) on behalf of the Participant.

   4. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

   5. You agree to provide consistent information to us throughout the booking and registration process, including in respect of your first and last name (and any Participant’s first and last name, as applicable).

2. accounts

   1. To submit an Order and/or to purchase Lessons, you may be required to sign-up, register and receive an account through the Website (an Account).

   2. As part of the Account registration process and otherwise as part of your use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

   3. You warrant that any information you give to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

   4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

   5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

3. lessons

   1. types of lessons

      1. Through the Website, different types of Lessons are available for purchase, which may include from time to time:

         1. private lessons, which can be purchased as a one-off (Single Private Lesson) or in a pack of 5-10 sessions commencing on the start of the usual school term (for school aged children, unless notified otherwise by us) (Private Lesson Package);

         2. group lessons, which can be purchased as a one-off (Single Group Lesson), or in a pack of 5-10 sessions spanning 5-10 weeks, commencing on the start of the usual school term (for school aged children, unless notified otherwise by us) (Group Lesson Package); and

         3. jam sessions, which can be purchased as a one-off (Single Jam Session) or a pack of 5-10 sessions (Jam Session Package)

      2. The pricing of different types of Lessons may vary depending on the length of the Lesson (30 or 60 minute timeslots), instructor, day and time of week, and other variables from time to time.

      3. Private Lesson Packages and Group Lesson Packages are not transferrable to other Participants.

      4. Timetables for Lessons may vary according to the Lesson instructor’s availability. We will provide reasonable effort to accommodate all Participants, however we do not guarantee that the timetable offered will be suitable for you.

      5. The participants in Group Lessons are grouped based on the Participant’s ability and may change depending on the Participant’s progress.

   2. booking process

      1. Payment for all Lessons is due at the time of placing an Order in accordance with clause 10.

      2. Your Order and any Lesson booking time slots reserved at the time of placing your Order are only confirmed once you receive a confirmation email from us.

      3. All Lessons purchased in a package must be booked within 365 days of placing your Order.

   3. lesson requirements

      1. (Minimum Practice Requirements) Participants are required to meet the minimum practice requirements set by the Lesson instructor.

      2. (Arrive on time) Participants must arrive on time for their scheduled Lesson. If a Participant arrives to their scheduled lesson late, you will not be refunded any Fees and the scheduled Lesson will not be extended in time.

      3. (Behaviour) Participants must ensure they take part in the Lessons in a safe, respectful manner, in accordance with any behavioural policies we have in place from time to time, and in accordance with any instructions provided by the Lesson instructor.

      4. (Non-compliance) We reserve the right not to commence a Lesson or end a Lesson early at any time without that Lesson being refunded or rescheduled if the Participant fails to comply with any of this clause 3.3.

   4. cancellations

      1. (Cancellations by you for private Lessons)

         1. If you notify us that you would like to cancel and reschedule a Single Private Lesson or a Lesson in a Private Lesson Package:

            1. at least 48 hours before the Lesson is to occur, we will use reasonable endeavours to reschedule the Lesson; or

            2. less than 48 hours before the Lesson is to occur, we will not reschedule the Lesson and will not offer a refund for that Lesson. In these circumstances, we may offer to record and send you a personalised video in lieu of the Lesson (to be offered at our sole discretion).

      2. If you book a Private Lesson Package for more than one Participant, and one or more Participants are unable to attend the scheduled Lesson, we will not reschedule that Lesson for the Participant(s) that are unable to attend.

      3. (Cancellations for Group Lesson Packages or Single Group Lesson) If the Lesson you would like to cancel is a Single Group Lesson or a Lesson in a Group Lesson Package, we will not reschedule the Lesson and will not offer a refund for that Lesson you were unable to attend.

      4. (Cancellations by us) We reserve the right to:

         1. cancel and reschedule a Lesson at any time. We will notify you as soon as possible if we need to cancel a booked Lesson and offer to reschedule the Lesson at an alternative date and time; and

         2. cancel a Participant’s enrolment in the Lessons at any time without prior notice, including where the Participant engages in conduct that we consider to be inappropriate or disruptive, provided that upon such cancellation we will refund to you any Fees which you have paid for Lessons that were not yet held.

      5. (Refunds) We do not offer refunds for the fees paid for Lessons, even if you are unable to attend a Lesson you have booked.

4. recording sessions

   1. our recording sessions

      1. We may, from time to time, offer Recording Sessions, which may include:

         1. recording audio;

         2. mixing audio; and

         3. mastering of audio.

      2. The pricing of Recording Sessions is required to be negotiated with us before Order, and may vary depending on what is included as part of the recording session, day and time of week, and other variables from time to time booking process

      3. A 50% deposit of the total price of a Recording Session (Deposit) is due at the time of placing an Order, with the remainder to be paid upon completion of the Recording Session project.

      4. Your Order and any Recording Session booking time slots reserved at the time of placing your Order are only confirmed once you receive a confirmation email from us.

   2. cancellation

      1. (Cancellation by you) If you notify us that you would like to cancel and reschedule a Recording Session:

         1. at least 48 hours before the Recording Session is to occur, we will use reasonable endeavours to reschedule the Recording Session; or

         2. less than 48 hours before the Recording Session is to occur, we will not reschedule the Recording Session and will not offer a refund of the Deposit for that Recording Session.

      2. (Cancellation by us) We reserve the right to:

         1. cancel and reschedule a Recording Session at any time. We will notify you as soon as possible if we need to cancel a booked Recording Session and offer to reschedule the Recording Session at an alternative date and time; and

         2. cancel a Participant’s enrolment in a Recording Session at any time without prior notice, including where the Participant engages in conduct that we consider to be inappropriate or disruptive, provided that upon such cancellation we will refund to you any Fees which you have paid for a Recording Session that were not yet held.

      3. (Refunds) We do not offer refunds for the fees paid for Recording Sessions, even if you are unable to attend a Recording Session you have booked.

5. medical

   1. You must inform us of any medical or other condition affecting the Participant.

   2. If a Participant has any potential for anaphylaxis or other life-threatening conditions, the participant must be accompanied to their Lesson by a parent or care-giver who is capable of managing the situation if it arises.

   3. The Shen Co. has a nut-free policy. Participants are asked not to bring any food containing nut products to Lessons.

   4. You acknowledge and agree that in the event of an accident, first aid may be administered to the Participant and emergency services may be called at your cost.

6. our personnel

We reserve the right to change the personnel that are conducting the Lessons at any point. Our personnel hold valid Blue Cards or valid Blue Card exemptions.

1. lesson materials

   1. Wherever possible, we will endeavour to upload all Lesson materials to Google Drive (Lesson Materials). You will be provided with an invitation upon purchase of the Lessons, which you are required to accept to access the Lesson Materials.

   2. You are responsible for managing your or the Participant’s Google Drive account and ensuring that you or the Participant only uses Google Drive in an appropriate manner and does not upload any material that could be taken to threaten, bully, harass, intimidate or otherwise offend any other Participant or our personnel.

   3. If you or a Participant is deemed by us to have breached clause 7(b), the content may be removed by us and the Participant may be prohibited from attending future Lessons.

   4. If required, we can supply hardcopy Lesson Materials to you or a Participant at no cost.

2. concert performances

   1. From time to time, we may arrange concert performances by the Participants (Concert Performances).

   2. All Participants participating in a Concert Performance must provide written consent from their legal guardian or care-giver to participate in a Concert Performance.

3. disclaimer

   1. (Experience of Lesson Instructors) All Lesson instructors have extensive guitar playing experience to teach a range of levels, however for the avoidance of doubt, our Lesson instructors may not have any formal qualifications specific to playing or teaching the guitar (or other instrument).

   2. (No results guaranteed) While we endeavour to assist Participants to improve their instrument playing skills overtime, results depend on a range of factors and we do not guarantee any particular improvement or results in taking part in the Lessons.

   3. (Information) All information provided by us, including information that is provided by us as part of the Lessons, or provided by us personnel via our Website or a third party website, via email or over the phone is of general nature. No information provided by us is intended to be professional advice of any kind and it should not be relied on as such.

   4. (Intentional Damage) You acknowledge and agree that in the event a Participant commits any intentional damage to an instrument, equipment or other property of the Shen Co. (Property), you will be liable for all costs for repair or replacement of the Property.

4. PAYMENT

   1. All prices are:

      1. as displayed and accepted by you at the time of checkout;

      2. in Australian Dollars; and

      3. subject to change without notice prior to you placing an Order or entering into these terms.

   2. (Payment obligations) You must pay the fees for all:

      1. Lessons in full at the time of placing an Order; and/or

      2. Recording Sessions as set out in clause 4.

(Fees)

1. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

2. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

3. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Lessons and Recording Sessions, including Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.

4. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which the Lessons and/or Recording Sessions were ordered, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the Lessons and/or Recording Sessions at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

1. gift certificates

   1. We may issue gift certificates for use on our Website. Gift certificates are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift certificate or otherwise communicated to you.

   2. Gift certificates are valid for 3 years from the date of purchase.

   3. Gift certificates may only be redeemed for the type of item (for example, only Lessons, only Recording Sessions, or both) set out at the time of purchasing the gift certificate.

   4. Gift certificates may be transferred to different person. Please contact us if you would like to transfer your gift certificate to a different person.

   5. Gift certificates may be used in any number of transactions.

   6. Gift certificates are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else.

2. photography & permission

   1. We may photograph or record any part of the Lessons, including photography and recording footage featuring the Participant (Media).

   2. You consent for the Media to be used by or on behalf of us for publication on our Website, in our marketing and promotional material, and on any other website or in any media we may select for publication.

   3. You assign (including as a present assignment of future copyright) and transfer to us all right, title and interest (including intellectual property rights) in and to the Media, free from any encumbrances or other security interests, including all rights, claims, demands, causes of action, rights of action past, present or future arising out of, or in relation to, the Media.

   4. You release us from, and indemnify us against, all claims, actions, demands and liabilities in relation to the creation of Media, which you or the Participant may have against us.

3. INTELLECTUAL PROPERTY

   1. OUR IP

      1. We retain all intellectual property rights in the design of any materials provided during or in connection with the Lessons (Materials) or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Materials.

      2. You will not under these terms acquire Intellectual Property Rights in any of Our IP.

   2. DEFINITIONS

For the purposes of this clause 13:

1. “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

2. “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

PART B

FOR WHEN YOU BROWSE THIS WEBSITE

1. MARKETING

By providing your email address or phone number to us, you consent to us to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link). 

1. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

1. YOUR OBLIGATIONS

You must not:

1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Shen Co.;

2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Lessons or Recording Sessions;

3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

5. use the Website with the assistance of any automated scripting tool or software;

6. act in a way that may diminish or adversely impact the reputation of the Shen Co., including by linking to the Website on any other website; and

7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

   1. gaining unauthorised access to Website accounts or data;

   2. scanning, probing or testing the Website for security vulnerabilities;

   3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

   4. instigate or participate in a denial-of-service attack against the Website.

1. INFORMATION ON THE WEBSITE

   1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

      1. the Website will be free from errors or defects (or both, as the case may be);

      2. the Website will be accessible at all times;

      3. messages sent through the Website will be delivered promptly, or delivered at all;

      4. information you receive or supply through the Website will be secure or confidential; and

      5. any information provided through the Website is accurate or true.

   2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

2. INTELLECTUAL PROPERTY

   1. The Shen Co. retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

   2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Shen Co. or as permitted by law.

   3. In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

3. THIRD PARTY TERMS AND CONDITIONS and content

   1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.

   2. You agree to any Third Party Terms applicable to any third party goods and services, and the Shen Co. will not be liable for any loss or damage suffered you in connection with such Third Party Terms.

   3. The Website may contain text, images, data and other content provided by a third party and displayed in the information provided through the Website (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

4. LINKS TO OTHER WEBSITES

   1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

   2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

5. THIRD PARTY PLATFORM

   1. This Website is powered by a third party platform and booking system (Third Party Providers) and the terms and conditions of those Third Party Providers may apply to your use of this Website to the extent applicable to you.

   2. To the maximum extent permitted under applicable law and our agreement with our Third Party Providers, we will not be liable for any acts or omissions of the Third Party Providers, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

6. SECURITY

The Shen Co. does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

1. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PART C

LIABILITY AND OTHER LEGAL TERMS

1. LIABILITY

   1. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Lessons, the Recording Sessions, this Website, these terms or any other goods or services provided by us provided by us to the value of the Fees paid to the Shen Co. by you in the 6 months preceding the first event giving rise to the relevant liability.

   2. All express or implied representations and warranties in relation to the Lessons, the Recording Sessions, this Website, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.

   3. Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.

   4. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

      1. breach of any of these terms;

      2. use of this Website; or

      3. use of any other goods or services provided by us.

   5. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Lessons, the Recording Sessions, this Website, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

2. DISPUTE RESOLUTION

   1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

   2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

   3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

3. NOTICES

   1. A notice or other communication to a party under these terms must be:

      1. in writing and in English; and

      2. delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

   2. Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

      2. when replied to by the other party,

whichever is earlier.

1. GENERAL

   1. GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

1. COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

1. ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

1. INTERPRETATION

   1. (singular and plural) words in the singular includes the plural (and vice versa);

   2. (gender) words indicating a gender includes the corresponding words of any other gender;

   3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

   4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

   5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

   6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

   7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

   8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

   9. (includes) the word “includes” and similar words in any form is not a word of limitation; and

   10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.