42. This Agreement may be amended at any time by RMB providing you with a new copy of the amended Agreement. The amendments will then take effect from the next time you log into the Site and/or use the Site. If you do not agree with the amendments, then you must cease using your Account, the Site and each of the Services after you are notified of the amendments.
43. Any notice given under this Agreement must be in writing and must be signed by the party giving the notice. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:
(a) if delivered by hand, when so delivered;
(b) if sent by pre-paid post, on the third clear Business Day after the date of posting;
(c) if sent by email, at the time that the email is sent, unless the sender receives a notification that the email was delayed or not received; or
(d) if sent via functionality contained in the Site, at the time the notice was sent, but if the effect of paragraphs (a) to (d) above is that a notice is taken to have been received before 9.00am or after 5.00pm on a day which is not a Saturday, Sunday or public holiday in Australia (“Business Day”), or on a day which is not a Business Day, then the notice is taken to have been received at 9.00am of the next Business Day.
44. Neither party is the partner, agent, employee of representative of any other party and neither party has the power to incur any obligations on behalf of that other party other than those obligations specifically provided for in this Agreement.
45. There are no other representations, promises, warranties, covenants or undertakings between the parties and this Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
46. A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
47. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
48. You must not assign or novate any of your rights or obligations under this Agreement. You agree that RMB may however assign or novate this Agreement at any time, with or without further notice to you.
49. The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
50. This Agreement will be construed in accordance with and will be governed by the laws in force in the Australian Capital Territory, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the ACT, Australia or the Commonwealth of Australia.