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promoterGO, and its related entities ("promoterGO", "we", "us", "our") are serious about your privacy. We are subject to the Canadian
Personal Information Protection and Electronic Documents Act
2 The Personal Information We Gather
3 How We Gather Your Personal Information
Your personal information will be gathered and stored on Our site when You:
(a) create an account with promoterGO; or
(b) request or purchase goods or services from promoterGO; or
(c) contact us through any method, including over the telephone, via email, through post, by fax, or visiting our offices in person.
To provide you with a more efficient level of service, We might make use of
that enable us to monitor traffic patterns when you revisit the site. It is important to remember that a cookie only identifies your computer, and does not give any information about You as a person. Your web browser, whether on a PC, Mac, laptop, or mobile device, can be set up to notify You when a cookie is received, thus providing you the opportunity to either accept or reject each relevant situation. In some instances, We may also allow our marketing or technology partners to employ these cookies on promoterGO.com to collect (non-personally identifying) data to help them, or promoterGO, to deliver advertismements, products, or services to you.
If we receive a credible or reasonable suspicion that you are using abusive, offensive, threatening, or otherwise harmful language, your email message content may be monitored by us. In cases of trouble-shooting or maintenance, we might also make use of email monitoring.
In addition to gathering your information directly with your consent, occasions may arise wherein we collect information about you from a third party. We may collect information from third parties:
(a) where and when they have legitimate authorisation to purchase or request goods or services on your behalf;
(b) who have gathered your information and disclosed it to us so that we may provide you materials, advertisements, products, or services on their behalf;
(c) who work with us as a service provider that collects personal information on our behalf;
(d) who are among the market research companies we work with to obtain personal information in order to improve the marketing/SEO of our services; and
(e) who are aggregators of information in the public domain
Failure to provide Us with requested information while making use of our website may result in incomplete requests or orders, inefficient service, and minimal use of the website.
We take all professional, ethical, and reasonable steps to protect your stored personal information from interference, misuse, loss, theft, unauthorised access, amendments, and disclosure. The steps we take to protect personal information include:
(a) encrypting information sent between you and us using Secure Sockets Layer protocol (SSL) and 128-bit encryption (the highest level of encryption commercially available). promoterGO's SSL certification is supplied by DigiCert (a US-based SSL Certificate Authority);
(b) completing all financial transactions through a reputable and secure Payment Card Industry (PCI) compliant gateway provider (PayPal). As a result, promoterGO has no access to any credit card data, and thus cannot hold or store any such information;
(c) utilising a fully secured technology stack on GoDaddy Web Services technologies. promoterGO's databases are only accessible to certain IP addresses, locations and servers. In addition, promoterGO has implemented parts of the SANS security guidelines for securing its database servers;
(d) restricting access to personal information through a secure login platform to promoterGO.com
4 How promoterGO Uses Your Information
The Personal Information we gather might be used in the following instances:
(a) promoterGO account creation and/or activation;
(b) product/service requests and/or processing
(c) notification of any changes to products or services;
(d) email notifications for special promotions, discount codes, bonuses, or other offers presented by us, or in some cases by our suppliers or distributors;
(e) marketing activities and/or research;
(f) response to user questions, comments, feedback, or suggestions, whether on promoterGO.com or one of our social media platforms;
(g) protection of all users' security on the website, thus preventing fraudulent use of our services; or
(h) the ongoing improvement in the quality of both our services and in your continued visits to the website.
To stop receiving email notifications, please visit your notifications page (under your profile) and unclick any instances in which you would not like to receive an email. The default is set to users receiving all our emails, tailored specifically to Designers or Promoters, and the onus is on the user to choose the emails he or she wants to receive from promoterGO.com.
5 Disclosing Your Personal Information
We will not knowingly sell, rent out, or otherwise disclose your personal information to any other company, organisation, or individual for financial gain.
We may, in some instances, disclose your personal information to:
(a) third party designers or promoters in connection with any works created or requested by you, as applicable. This may involve instances of copyright infringement or any other violation of the promoterGO terms and conditions entered into between you and us;
(b) third parties that provide services to, or perform functions on behalf of us. We might, for example, disclose personal information to outside contractors that handle certain outsourced services, including but not limited to payment processing, in which case the information was collected for a related purpose, such as to complete a transaction or provide you with a requested service;
(c) related companies and business partners in order to provide requested services;
(d) service providers responsible for our communication networks, software, hardware, system development, and maintenance.
In all such situations, we will prohibit the third party contractor from using your personal information for any other reason than the purpose for which it has been supplied.
We will furthermore refuse to disclose personal information provided by you without your consent unless the disclosure is authorised by PIPEDA, including:
(a) an avoidance, lessening or prevention of a serious threat to life or health;
(b) a protection of the personal safety of website users or the general public;
(c) a legal authoriziation or requirement;
(d) a reasonable suspicion of unlawful activity; or
(e) to enforce the law and/or to investigate suspected unlawful activity as necessary.
In some circumstances, the entities to which we disclose personal information may be located outside the province of Ontario or the Dominion of Canada, as international legal or corporate entities may request such information in accordance with their laws. It is important to note that we will not disclose any of your personal information to non-verified entities.
6 How to Access and/or Correct Your Personal Information
On request, and as is your legal right, we can provide you with access to the personal information we hold, unless there is an exception which applies under PIPEDA. This includes, but is not limited to, correcting or updating your personal information.
We will be entitled to recover, from you, our cost of supplying you access to this information. As well, your request to access this information will be dealt with in a reasonable amount of time.
Our refusal to provide you with access to your information, will be accompanied by reasons for said refusal as well as information of any exceptions that exist under PIPEDA, unless it would be unreasonable to do so.
7 Holding and Updating Your Personal Information
We will take all steps under our control to make certain that your personal information is complete and accurate if and when we collect and/or use it.
If the personal information we hold about you is inaccurate, incomplete, or irrelevant, you may contact us and we will take the appropriate steps to correct this information. If and when necessary, we may even attempt to discuss alternative actions with you.
8 Changes to this Privacy Statement
9 Questions, Complaints, and Contact Information
If you feel that there has been a breach of PIPEDA with how we have gathered, handled, disclosed, or otherwise used your information, we will ask you to send us your complaint in writing to the email address listed above. We aim to respond to complaints within a reasonable amount of time, which in most cases will be within 20 business days. If you are unsatisfied with our response, you are fully within your rights to make a formal complaint to the Office of the Privacy Commisioner of Canada by phoning 1-800-282-1376 or by visiting their website.
Please read these terms and conditions (“User Agreement”) carefully, before using Our Website.
Our Website: This user Agreement governs the use of Our Website:
Special Terms and Conditions: Our Website is governed by its User Agreement in order to stay consistent and provide you the best customer Prior to using Our Website, it is important that you carefully read this User Agreement.
These terms and conditions and the use of Our products and services constitute this "Agreement".
2.1 This Agreement is between you, the person or company using Our Services ("You", "Your"), and promoterGO (“promoterGO”, "We", "Us", or "Our"). References in this Agreement to “You” or “Your” are references to You as either a Designer or Promoter, or both (when/where relevant).
Your use of Our Services is subject to Your agreement and compliance with the terms of this Agreement.
By registering on Our Website and using any of Our Services You:
(a) commit to Your acceptance of the terms of this Agreement; and
(b) verify that You are at least eighteen (18) years old.
2.4 When registering to use Our Websites and Our Services, You must register yourself as either a “Designer” (including persons who have previously registered themselves as a “Designer”) or a “Promoter” (including persons who have previously registered themselves as a “Promoter,” also to be known as the customer or client).
Amendments to this Agreement
We may amend this Agreement (including Our Services) at any time as We deem necessary, and will update the applicable part of this Agreement on Our Website. All such amendments will be effective as of the publication date of the updated applicable part of this Agreement on Our Website.
Your continued use of Our Services, after such amendments are made in accordance with clauses 1.1, 1.2, and 1.3, will be considered to be an acceptance of the amended terms.
The “Term” of this Agreement commences on the date on which You register with Us on Our Website, and continues until it is terminated by You or Us in accordance with this Agreement.
5 Our Services and Our Website
A description of Our Services, that We provide to You, is available on the FAQs (Frequently Asked Questions) and “How It Works" pagesof Our Website.
The Designer acknowledges that We may make available for sale on Our Website any of Your Content which You make available for sale on Our Website, unless You tell us You do not want Your Content to be made available for sale in this manner.
The Designer acknowledges that Contact Information is forbidden from being disclosed during any promotion. This Contact Information includes email address(es), physical mailing address(es), phone number(s), website(s), and social media account(s).
We reserve the right, at Our sole discretion, to perform any of the following actions with regards to both Designers and Promoters:
(a) to use or display Your Content on Our Website;
(b) to include (including after the termination of this Agreement) references to and/or use any of Your Content, Your name(s) and/or profile pictures on any of Our Website;
(c) to refuse to provide any of Our Services to You, including if We believe (at Our discretion) Your Content breaches or is capable of breaching Your obligations under this Agreement;
(d) to limit, suspend, or terminate any of Our Services to You or remove any of Your Content;
(e) to remove, block, not display, and/or not store any of Your Content or any other information or materials at Our discretion, including material or comments which We consider to be offensive or inappropriate, regardless of whether this material is unlawful; and
(f) to cease the provision of Our Services to You in the event payment of Fees is not made in full and on time.
We may, but are under no obligation to, moderate or monitor the use of Our Services and/or Our Website by Designers and Promoters, including any of Your Content.
6 Use of Our Services
6.1 The Designer acknowledges that if You make available for sale any of Your Designs on Our Website, then:
(a) The same Design is not then available for sale on any other websites; and
(b) 6.2 Designers and Promoters must not (and must not permit others to) use Our Website or any of Our Services to:
(a) publish or provide any material that is defamatory, offensive, harassing, indecent, menacing, obscene or illegal;
(b) engage in, or fail to engage in, any activity in a manner which will expose Us to any liability;
(c) engage in misleading or deceptive conduct or fraud of any kind; and/or
(d) publish or provide access to any content that is unsuitable for people under the age of eighteen (18) years old.
6.2 Designers and Promoters are responsible for ensuring that We have accurate and up-to-date contact information for You (as applicable), including your full name and email address. You acknowledge that we can request further contact information as we deem necessary, especially in cases of breaching any clauses in this Agreement
6.3. We can be contacted at promoterGO,
6.4 If We issue You, as either a Designer or a Promoter, with a password You must not reveal it to anyone else. You must not use anyone else’s password.
6.5 Designers and Promoters must conduct virus scanning and other tests as may be necessary to ensure that any data that is uploaded from, or downloaded to, Our Website does not contain any computer viruses. You are solely responsible for the backup of any files in connection with Our Services, including briefs, work(s), submissions, and requirements. You will not rely on Our Services to provide you with any backup of your designs.
6.6 Designers and Promoters ensure that any and all of Your Content:
(a) does not infringe the Intellectual Property Rights or any other rights of any person and that all applicable royalties or licence fees have been paid to secure the use of that material;
(b) is not obscene, illegal, offensive, upsetting, defamatory or in any way unsuitable for people under the age of eighteen (18) years old; and
(c) does not comprise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory nature.
7 Fees (
see our FAQs page
7.1 Designers and Promoters must pay to Us the Fees and any other charges as contemplated by this Agreement or on Our Website at the rates and/or in the manner specified and referred to in this Agreement.
7.2 Designers and Promoters must notify Us as soon as possible with regards to any changes to Your billing and account information (Your Payment Profile).
7.3 Under this Agreement, the payment processing services for goods and/or services purchased on Our Website are provided by a third party engaged by Us directly, depending on the type of payment method used for the purchase of the goods and/or services. In the event You choose to pay for the goods and/or services with credit card in a currency other than USD or CAD, the payment will still be processed via an American Acquirer (that is, a US-based financial institution), and these terms will constitute an agreement between You and Us. For any other purchases, these terms constitute an agreement between You and Us All goods and/or services will be delivered by Us.
7.4 The Fees are exclusive of HST, VAT, State Taxes, and other similar taxes (where applicable). Without limiting the foregoing, Promoters will be liable for any taxes, duties or charges imposed with regards to Our Services (other than taxes imposed on Our income). For the avoidance of doubt, if the effect of any tax, duty or charge applied to the Fees is to reduce the Our revenue under this Agreement, the Fees will be grossed up such that Our revenue under this Agreement is not reduced.
7.5 All payments must be made in Canadian Dollars or US dollars
7.6 Where we are required to make a payment to You, either as a Designer or a Promoter, following Our receipt of Fees from another user of Our Services, You acknowledge that:
(a) We may first seek to verify the legitimacy of any payments We received from the other user;
(b) if, in Our reasonable opinion, We believe such payments are not legitimate (including, for example, payments made by the unauthorised use of a credit card), then We can retain and deal with such payments at our Own discretion; and
(c) the relevant transaction under which the illegitimate payment was received by Us will be deemed to be void, and We will not be required to make any payment to You as a result (but may, at Our discretion, make a payment to You equal to the whole or part of the amount which would have otherwise been due to You, depending on how we deal with the illegitimate payment).
8 Intellectual Property Rights
8.1 Except with regard to Your Content, You acknowledge and agree that all right, title and interest in and to Our Website and Our Services (including the software and technology underlying Our Website, any documentation or content provided with Our Services, and any know-how, trademarks or service marks of Ours: "Our Intellectual Property Rights") are vested in Us.
To avoid confusion, nothing in this Agreement grants You any right, title, and interest in and to any of Our Intellectual Property Rights or any other Intellectual Property Rights owned or controlled by Us.
10 Acknowledgements and Warranties
10.1 You verify and attest that:
(a) You are solely liable and responsible for Your Content;
(b) You are at least eighteen (18) years old;
(c) You have the right, power, and authority to enter into this Agreement and be granted the rights provided in this Agreement (where and when applicable);
(d) You will comply with all applicable laws in Your performance of Your rights and obligations under this Agreement;
(e) None of Your Content infringes the Intellectual Property Rights or any other rights of any person;
(f) Your Content is not the subject of any claim, demand, action, or legal proceeding or to Your knowledge any potential or pending claim, demand, action or proceeding;
(g) You will use your full and correct name in creating Your profile and when using Our Website (for example, when submitting brief(s), design(s), logo(s), or other content);
(h) Your Content does not contain material that is obscene, illegal, offensive, defamatory or in any way unsuitable for people under the age of eighteen (18) years old; and
(i) You are solely responsible for any third party payments or royalties payable with respect to Your Content.
10.2 We verify and attest that:
(a) We have the right, power, and authority to enter into this Agreement; and
(b) We will comply with all applicable laws in Our performance of Our rights and obligations under this Agreement.
11.1 Our Services and Our Website are provided in their present condition and all guarantees, terms, and warranties expressed, implied or imposed by any legislation, the common law, or otherwise in relation to the supply of Our Services, Our Websites or otherwise in connection with Our obligations under this Agreement are expressly excluded and disclaimed to the fullest extent permitted by law, except where such an exclusion is prohibited by law.
11.2 Without limiting clause 11.1, We will attempt to avoid the following, although We can make no assertion that:
(a) Our Services, Our Website, or any content made available on such will meet Your requirements or expectations;
(b) the use of Our Services, Our Website or any content made available on such will be uninterrupted, timely, secure, error free or virus free, or unable to be accessed by hackers, viruses or other harmful components;
(c) that results that may be obtained from the use of Our Services, Our Websites or any content made available on such will be accurate or reliable; and
(d) any errors in Our Services, Our Websites or any content made available on such will be corrected.
11.3 Except as elsewhere specified in this Agreement, Our liability for breach of any statutory guarantee or condition, warranty, or other obligation implied or imposed by law which cannot be excluded by agreement, will not exceed, if permitted by law, at Our option, with regards to the supply of goods or services:
(a) the replacement of the goods or services;
(b) the supply of equivalent goods or services;
(c) the repair of any goods;
(d) the payment of the cost of replacing the goods or services, or of acquiring equivalent goods or services; or
(e) the payment of the cost of having the goods repaired or services supplied again.
To avoid confusion, nothing in this Agreement will operate to exclude or restrict a party’s liability where such exclusion or restriction is prohibited by law.
11.4 To the maximum extent permitted by law, and in relation to Our Services and the subject matter of this Agreement, in no event will We be liable for any loss of profits, management time, savings, contracts, revenue, interest, goodwill, data, or for any penalties, fines, or for any consequential, special, indirect, or exemplary damages, costs, expenses, or losses (including but not limited to negligence).
11.5 To the maximum extent permitted by law, You agree that We will not be liable to You for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to this Agreement (whether that liability arises in contract, statute, or tort, including but not limited to negligence) which are not otherwise excluded or limited for an aggregate amount in excess of the sum of the applicable Fees with regards to the transaction or project that gave rise to the relevant loss.
12.1 You indemnify and hold Us harmless against any and all loss, damage, liability, costs and expenses (including legal costs) suffered or incurred by Us:
(a) with regards to any claim or demand made by any person in connection with any of Your Content, as applicable (including from a person’s use of Your Content);
(b) with regards to any claim or demand made by any person in connection with Your use of any content obtained through Our Services;
(c) with regards to any claim that any of Your Content, as applicable, infringes on the Intellectual Property Rights of any person or persons; and/or
(d) with regards to Your (or any person claiming through You) use of the Our Services or Our Website or resulting from a breach of this Agreement by You and/or the violation by You of any law.
13 Suspension or termination
13.1 In the absence of the limitation of any other rights of termination under this Agreement, and subject to clauses 13.5 and 13.6, You may terminate or suspend Your account with Us and terminate this Agreement at any time and for any reason via written notice to Us.
13.2 In the absence of the limitation of any other rights of termination under this Agreement, and subject to clauses 13.5 and 13.6, We may terminate or suspend Your account with Us and terminate this Agreement at any time and for any reason via written notice to You.
13.3 Further to any other rights of suspension or termination under this Agreement, from time to time during the Term, We may, without notice to You, suspend, disconnect, terminate, or deny You access to any of Our Services if You fail to comply with any of Your obligations under this Agreement until the breach is remedied to Our satisfaction, if such remedies exist within the extent of the law. If You breach the terms of this Agreement, We reserve the right not to make any payment to You, which You may otherwise be entitled to under this Agreement. You bear the sole responsibility of providing Us with a written notice to remedy the suspension, disconnection, termination, or denial of Our Services.
13.4 Amounts paid to Us up to and including the date of termination will not be refundable.
13.5 In the event this Agreement is terminated, You must immediately pay to Us all outstanding amounts owing to Us under this Agreement as of the date of account termination.
13.6 Termination of this Agreement will not nullify or otherwise influence any accrued rights or remedies of any party. The following clauses will continue to apply after termination of this Agreement: Clauses 5.3, 6, 8 to 17 (inclusive).
13.7 In the event Your account on Our Website is closed then we may close any of Your related accounts on Our Website.
14.1 Until and unless prior written approval is given by another party, A party will not disclose, reveal, or publish the other party’s Confidential Information. A party will not be in breach of this Agreement in instances where there is a legal compulsion to disclose the other party’s Confidential Information.
14.2 Each party will take all reasonable, legal, and ethical steps to ensure that its employees and agents do not disclose a party’s Confidential Information.
14.3 Confidential Information may be disclosed in the following instances:
(a) Its related companies, solicitors, auditors, insurers, and accountants require information for the purpose of this Agreement; or
(b) if required to disclose the information by law or the rules of any Stock Exchange.
15 Governing law and dispute resolution
15.1 This Agreement is governed by the laws of the province of Ontario, Canada, and all relevant parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
15.2 A party must not commence any arbitration or related court proceedings with regards to a dispute unless it has complied with the provisions of this clause, unless in instances wherein a party seeks urgent injunctive relief.
15.3 In the event of a dispute arising out of, in relation to, or in connection with this Agreement:
(a) the party raising the dispute must first notify the other party of the dispute, in writing, and provide relevant and sufficient detail to enable the dispute to be considered;
(b) the parties must discuss or enter into documented correspondence regarding the dispute and attempt(s) to resolve it; and
(c) if the dispute is not resolved within 10 business days of when the dispute was initially brought forth, then the dispute is to be resolved in accordance with clauses 15.4 and 15.5.
15.4 If You are a Canadian resident or a company incorporated in Canada, then any dispute or difference arising out of or in connection with this Agreement will be submitted to arbitration in accordance with, and subject to, the Canadian Arbitration Association
15.5 If You are not a Canadian resident or are a company incorporated outside of Canada, then:
(a) the dispute will be finally settled under the Rules of Arbitration of the International Centre for Dispute Resolution (the “Rules and Procedures”) by one arbitrator appointed in accordance with the Rules and Procedures;
(b) the arbitration will be conducted under the laws governing this Agreement as set out in clause 15.1;
(c) the place of arbitration will be Toronto, Canada;
(d) the language of the arbitration will be English; and
(e) any judgment or award offered by the arbitrator may be entered into any court having jurisdiction to do so, including the enforcement of any arbitration award in accordance with the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
16.1 You are the sole assignee of this Agreement. You must not assign this Agreement to anyone else without Our prior written consent.
16.2 We may assign, novate, or otherwise deal with this Agreement, or any rights or obligations therein under this Agreement, at any time without Your consent by transfer to a third party. As You are required to give your consent to such an assignment, novation or other dealing, this Agreement constitutes your consent.
16.3 All notices must be in writing and addressed to the relevant party or parties at the address provided pursuant to this Agreement.
16.4 Each party must take all steps as may be reasonably or legally required by the other party to give effect to the terms of this Agreement and transactions contemplated by this Agreement.
16.5 This Agreement contains the entire agreement between the parties with respect to its subject matter.
16.6 Each party acknowledges that, by entering into this Agreement, it is not reliant on any representation or warranties about its subject matter except as provided by this Agreement.
16.7 No delay, neglect, or abstinence on the part of any party in enforcing against any other party any obligation under this Agreement will waive or in any way detriment any right under this Agreement.
16.8 In the event any provision of this Agreement is held to be invalid, illegal or unenforceable, this Agreement will continue otherwise in its entirety, and effect apart from such provision, which will be taken to be invalid.
is defined as
17.1 Definitions In this Agreement, unless the context states otherwise or can be reasonably inferred:
(a) “Agreement” has the meaning as defined in clause 2.1;
(b) "Promoter" is defined as any person or entity that registers with Us as a "Promoter", or who has previously registered with Us as a “Promoter”, corresponding to Our registration procedure;
(c) "Confidential Information" is defined as the confidential information of a party in relation to the material contained within this Agreement, which is not already in the public domain, without any breach by the recipient of its resonable and/or legal obligations of confidentiality owed to the discloser;
(d) “Designer” is defined as any person or entity that registers with Us as a "Designer", or who has previously registered with Us as a “Designer”, corresponding to Our registration procedure;
(e) "Fees" is defined as the amount payable for using Our Services, as set out on Our Website, as amended from time to time;
(f) "HST" is defined as the applicable Heuristic Sales Tax or any similar applicable sales or service tax;
(g) "Intellectual Property Rights" is defined as all industrial and intellectual property rights including, but not limited to, copyright, trade marks, patents, circuit layouts, artwork, designs, and confidential information and/or know how;
(h) “Our Intellectual Property Rights” has the meaning as defined in clause 8.1;
(i) ”Our Services” is defined as the service provided by Us pursuant to this Agreement, and through Our Website, as defined in clause 5.1;
(j) ”Our Website” has the meaning as defined in clause 1.1;
(k) "Term" is defined as the duration of this Agreement, as outlined and detailed in clause 4; and
(l) "Your Content" is defined as all content and materials uploaded, provided or submitted by You or on Your behalf to Our Website or otherwise in connection with Our Services, including any attachments, logos, designs, images, documentation, written and/or audio-visual content, photographs, illustrations, information, or specifications.
The following rules of interpretation apply to this Agreement unless the context states otherwise or can be reasonably inferred:
(a) headings do not affect interpretation, and are written only for convenience purposes;
(b) the singular includes the plural and
(c) a mentioned gender includes all genders, regardless of identity, and is written only for convenience purposes;
(d) words or phrases as defined include their other grammatical forms, and have a similar grammatically correct corresponding meaning;
(e) the words 'such as', 'including', 'particularly' and similar expressions are not intended to be interpreted as words of limitation, and are not used as such;
(f) a reference to a person may include a corporate or unicorporated body or other entity, and
(g) references to a clause or schedule relate to a clause or schedule with regards to this Agreement only;
(h) references to any party mentioned within this Agreement or any other agreement or document includes the party's successors and assignees;
(i) references to any agreement or document relates to that agreement or document as amended, novated, supplemented, varied, or replaced when and where applicable, in accordance with this Agreement or to that specific agreement or document;
(j) references to any legislation or provision of any legislation includes any amendment, modification, or re-enactment of it, any legislative provision substituted for it and all regulations and legal and/or statutory instruments issued under it; and
(k) references to conduct may include omissions, statements, or undertakings, whether implied or direct, regardless of documentation.