Rules of Interpretation

Each Agreement in the Agilyx Legal and Compliance Center is to be interpreted according to these rules of interpretation.

In an Agreement which incorporates these rules of interpretation, unless it is provided otherwise:

  1. another grammatical form of a defined word or expression has its corresponding meaning;

  2. words in the singular include their plural form and vice versa, and one gender includes the other gender;

  3. reference to a clause, paragraph, schedule, attachment or annexure is to a clause or paragraph of, or schedule or attachment or annexure to, the Agreement, and a reference to the Agreement includes any schedule, attachment or annexure;

  4. a reference to a clause, section or paragraph includes a reference to a subclause of that clause; subsection of that section or subparagraph of that paragraph;

  5. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

  6. a reference to currency is a reference to the currency that corresponds to the Agilyx entity which is party to the Agreement, according to the following table:

    Entity Location
    Agilyx Pty Limited AUD$ Australian Dollars
    Agilyx EMEA Limited GBP£ Great Britain Pound
    Agilyx Africa (Pty) Ltd (R) South African Rand
    Agilyx NZ Limited NZD$ New Zealand Dollars
    Agilyx Ireland Services Ltd EUR€ Euros
    Agilyx Solutions Limited CAD$ Canadian Dollars
    Agilyx Solutions LLC USD$ United States Dollars
    Agilyx Sdn Bhd (RM) Malaysian Ringgit
    Agilyx Pte Ltd SGD$ Singapore Dollars
  7. a reference to time is to the time in the place where the obligation is to be performed;

  8. a reference to a party is to a party to the Agreement, and a reference to a party includes the party’s executors, administrators, successors and permitted assignees and substitutes;

  9. a reference to a person includes a natural person, body corporate, partnership, joint venture, association, governmental or local authority or agency or other entity;

  10. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

  11. the meaning of general words or phrases is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;

  12. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

  13. any agreement, representation or warranty made, or indemnity given, in favour of two or more parties (including where two or more people are included in the same defined term), is made or given for the benefit of them jointly and severally;

  14. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the Agreement or any part of it;

  15. if a day on or by which an obligation must be performed, or an event must occur, is not a Business Day, the obligation must be performed, or the event must occur, on or by the next Business Day;

  16. headings are for ease of reference only and do not affect interpretation and may be used in the body of the Agreement as a clause reference, when used in this way they are also intended as ease of reference and the wording of the headings do not affect interpretation.