SUNDAY SOMEWHERE PTY LTD
TRADING AS “SUNDAY SOMEWHERE”
(ABN 23 148 900 565)
CYBER SALE 2017
Conditions apply. Sale starts 9:00AM Thursday 23rd November AEST and ends 23:59 Monday 27th November 2017 PST. Excludes online gift vouchers. Selected styles only. Prices as marked. Limited availability, while stocks last. Sale items are final sale and cannot be exchanged or returned. Sale items cannot be resold commercially by non licensed Sunday Somewhere retail accounts. Cannot be used in conjunction with any other discount code.
Celebrate our 6th Birthday with Sunday Somewhere & ME by Meliá hotels
GAME OF SKILL PRIZE – TERMS AND CONDITIONS
1. This is a game of skill. Chance plays no part in determining the winner. Each entry will be individually judged, based upon individual creative merit. All entries must be an independent creation by the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
2. Entry to the competition is via submitting 30 words or less answering; ‘which ME by Meliá hotel hotel you’d choose to celebrate our 6th Birthday at and why’. The entry form is found on the SUNDAY SOMEWHERE website.
3. Employees of the promoter and agencies associated with this promotion (SUNDAY SOMEWHERE & ME by Meliá hotel) are ineligible to enter the competition, as are their immediate families.
4. Winners of the competition must be 18 years of age or older. All International entrants are accepted.
5. No purchases necessary to enter or win. Only one entry is permitted per person. The Promoter reserves the right to verify the validity of entries.
6. The prize includes:
a. One (1) GRAND PRIZE WINNER
i. 6 night stay for two at any of the ME by Meliá hotel including breakfast. Subject to availability (excludes Christmas, New Years & Easter). Must be redeemed before 30th June 2018. Prize valued up to $3000 USD
ii. Information and additional terms and conditions relating to the hotel stay at ME by Meliá are attached and form part of these Terms and Conditions. To the extent there is any inconsistency between these Terms and Conditions and the ME by Meliá terms and conditions, then the ME by Meliá terms and conditions prevail with respect to the hotel stay.
iii. $1000 USD Escape Travel Voucher to put towards flight costs. Booking must be made via www.escapetravel.com. Must be redeemed before 30th June 2018. Prize value $1000 USD.
iv. Six (6) pairs of SUNDAY SOMEWHERE sunglasses. Must be redeemed before 30th June 2018. Prize valued up to $1800 USD.
v. Any Additional spending money, flights, meals, insurance, taxes, passports, visas, extra accommodation, items of a personal nature, inoculations, travel to and from departure point, additions to stipulated itineraries and offered flights and all other ancillary costs are the responsibility of the winner. Unless expressly stated, all other expenses become the responsibility of the winner.
b. SIX (6) RUNNER UP PRIZE WINNERS
i. One (1) pair of SUNDAY SOMEWHERE sunglasses per winner. Must be redeemed before 30th June 2018. Prize valued up to $300 USD.
7. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content, including but not limited to profanity, potentially insulting, scandalous, inflammatory or defamatory language. The judges' decision will be final and no correspondence will be entered into.
8. The promoter reserves the right to withdraw or amend the competition as necessary due to circumstances outside its control.
9. The prizes are non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of the grand prize will result in an immediate cancellation of the prize. In the event that, for any reason whatsoever, a winner does not take an element of the prize at the time stipulated by the promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize. Both parties must travel together.
10. On acceptance of the competition prize, the winner acknowledges that they have read and agreed to ME by Meliá hotel booking conditions.
11. The winner is required to obtain the relevant and suitable travel insurance at their own expense in order to be able to take the competition prize. It is the traveller's personal responsibility to ensure that they have valid documentation, including but not limited to:
a. Valid passports, visas, and health requirements, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the traveller/s.
12. The promoter shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect or consequential loss) or for personal injury which is suffered or sustained, in connection with the prize, except for any liability which cannot be excluded by laws.
13. The grand major prize is subject to availability as determined by ME by Meliá hotel. The prize is valid from 1st October 2017 – 30 June 2018 . Blackout periods apply for Christmas, New Year the Easter period.
14. Promotion commences 1 September 2017. Entries close 11:59pm (AEST) 12 September 2017.
15. By entering the competition, all entrants will be deemed to have accepted and agreed to be bound by these Terms and Conditions.
16. The Promoter is the SUNDAY SOMEWHERE, 212-214 Wyndham Street Alexandria NSW 2017 AUSTRALIA ABN 23 148 900 565.
17. The information you are asked to provide to the SUNDAY SOMEWHERE is personal information and is protected by the Privacy Act 1988. SUNDAY SOMEWHERE will not disclose this information to other parties other than in accordance with the Privacy Act 1988. More information about our privacy can be found here. https://www.sundaysomewhere.com/pages/privacy-policy
18. All entries become the property of the promoter. The promoter may use the entrant's names and literary piece for any commercial purpose, including future promotional marketing and publicity purposes.
19. Independent financial advice should be sought as tax implications may arise as a result of accepting any of the prizes.
20. In the event that for any reason whatsoever a winner does not accept the prize at the time stipulated by ME by Meliá hotel or SUNDAY SOMEWHERE then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize.
21. Entries will be judged at SUNDAY SOMEWHERE on September 14th 2017 and the winner’s names will be published on the SUNDAY SOMEWHERE’s website, Facebook and Instagram within 7 days of the draw.
22. The winners will be notified in writing by email within 7 working days of the conclusion of the competition.
23. If SUNDAY SOMEWHERE is unable to contact the winners within 7 days of the draw and SUNDAY SOMEWHERE has made every effort to contact them with the information provided by the entrants, then SUNDAY SOMEWHERE will award the prize to another valid entrant.
24. All entrants who choose to ‘opt-in’ consent to receiving ongoing marketing material and correspondence from SUNDAY SOMEWHERE
ME by Meliá collaboration in SUNDAY SOMEWHERE game
1. There will be 1 winner of this prize.
2. The prize (subject to Melia’s absolute discretion) is as follows:
A 6-night stay for 2 at any of the following ME by Meliá properties:
- ME London
- ME Madrid
- ME Ibiza
- ME Mallorca
- ME Cabo
- ME Miami
- ME Milan
ME Hotel nights subject to availability and must be redeemed before 30th of June 2018 excluding Christmas, NYE & Easter.
Please note that only one room will be provided at the ME by Meliá hotel per winner and accommodation is suitable for up to 2 persons sharing. Breakfast will be provided for each full day that the winners will be at the ME hotel. No transfers will be provided between the winners’ starting location and the airport. The winners will be responsible for all other costs associated with the enjoyment of the prize and any tax liabilities in accepting of the prize. For more information on the potential tax liabilities, please email Melia at email@example.com .
3. No cash alternative will be offered for the prizes and the prizes are non-exchangeable and non-transferable. Melia reserves the right to substitute the prizes for an item of similar value.
4. On claiming the prize, the winners will be provided with further details regarding arrangements for the prize. Winners shall be entitled to choose one person to accompany them in enjoying the prize (a ‘guest’). Guests must be over 18 years of age. Meliá will be responsible for booking and arranging all travel and accommodation associated with the prize but it shall be the winners’ responsibility to provide all of the information required by Melia for the booking and organising of the prize on request. If a winner does not provide all required information, their prize will be forfeited.
5. Meliá will not be liable for any losses which result from a winner’s or a guest’s, negligence during the enjoyment of the prize.
6. The result of the prize draw is final and no correspondence will be entered into. Melia reserves the right to cancel or amend the prize draw or these terms and conditions at any time without prior written notice if circumstances beyond Meliá’s control make this necessary.
7. Entrants and guests can retract their consent to Melia processing their personal data by contacting Melia via our below address or via email to firstname.lastname@example.org. Please note however, that Melia will be unable to consider any entries from, or provide a prize to, any entrant or guest who retracts their consent to processing.
8. The winners will be responsible for the taxes that could arise from the awarding of the prize and its acceptance regardless of their nature (except for as set out below in this clause). The above does not apply to the amounts that Melia may have to pay to the Spanish Tax office on behalf of the winners in respect of withholding tax over the cost price of the prizes in compliance with the legislation in respect of the Spanish income tax over individuals (IRPF) or Non-residents income tax (IRNR). To this effect, Melia will compensate the winners for the retentions that it may have to carry out for the aforementioned taxes over the income received with the payment and acceptance of the prize.
Tag to Win with Rebecca Taylor X Sunday Somewhere
Rebecca Taylor, Inc.
306 West 37th Street
New York, NY 10018
Sponsor reserves the right to verify the eligibility qualifications of the winner.
- Prize: One (1) winner will be awarded two (2) SUNDAY SOMEWHERE pair of sunglasses valued at $280. Total approximate retail value of the Prize is approximately $550. Merchandise subject to change based on availability. Specific sizes and colors may not be available. The prize is non-transferable, non-refundable, and not redeemable for cash. The prize is awarded AS-IS and WITHOUT WARRANTY OF ANY KIND, expressed or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
- Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules and the terms and conditions contained herein, and to Sponsor's decisions consistent therewith, which are final and binding in all respects and in Sponsor’s sole discretion. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
- Disputes: In the event of a dispute, the person to whom the Instagram® account used to enter the Promotion was registered will be deemed the winning entrant. Potential winner may be required to show proof of identification in conjunction with prize award/acceptance.
- Substitution, Taxes: No assignment or transfer of prize will be permitted, except at Sponsor’s sole discretion. WINNER IS SOLELY RESPONSIBLE FOR THE REPORTING AND PAYMENT OF ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZE.
- Potential Winner: Publicity. As a condition of entry, eligibility, and, if you are selected as the winner, acceptance of the prize, you grant your consent to Sponsor and its respective agents to collection, processing, use, and disclosure of your name, likeness, voice, biographical information, and any other information contained in your entry for publicity or advertising in any media or manner, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law. Within fourteen (14) days of receipt of written prize notification, you will be required to sign and return to Sponsor a consent and release agreement. Additionally, entrant’s friend will be required to sign and return to Sponsor a consent and release agreement incorporating these Official Rules. Rebecca Taylor will request email address from winner via Instagram direct message and send release form.
- Liability: By entering and/or participating in the Promotion and/or by accepting the prize, each entrant agrees that Sponsor and SUNDAY SOMEWHERE, as well as each of their parents, subsidiaries, affiliated companies, shareholders, directors, officers, employees, successors, assigns, and all its advertising and promotion agencies, as well as Facebook, Inc. (collectively, “Parties”), will have no liability whatsoever in connection with this Promotion to the greatest extent permitted by law. The Parties shall be held harmless for any and all injuries, losses or damages of any kind that entrant or others may incur as a consequence of entrant’s participation in the Promotion or entrant’s acceptance, possession, use, or misuse of the prize. By entering the Promotion and/or by accepting the prize, entrant explicitly releases, discharges and holds harmless the Parties one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and/or experts’ fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Promotion and the acceptance, possession, use, or misuse of the prize. The Parties shall not be responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or acceptance, possession, use, or misuse of the prize.
- Conditions of Participants’ Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Promotion is terminated early, Sponsor will make the prize available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on the @rebeccataylornyc Instagram® account page. Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE THE PROMOTION WEBSITE OR ANY OTHER WEBSITE AFFILIATED WITH THE SPONSOR, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINARL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the awarding of the Prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY, and entrant hereby consents to the exercise of personal jurisdiction thereby; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York Law, without reference to choice of law rules, governs the Promotion and all aspects related thereto.
- Right of Non-Participation: Pursuant to federal law, any participant has the right to notify the Sponsor that he/she does not wish to be contacted by the Sponsor regarding any future sweepstakes or contest or mailing and that Sponsor may not use any information provided to it by such participant for any purposes other than as needed for this Promotion. The Sponsor may be so notified by mail to Tag to Win with Rebecca Taylor X Sunday somewhere sweepstakes, Rebecca Taylor, Inc., 306 West 37th Street, New York, NY 10018.
- If any provision of these Official Rules shall be held invalid or unenforceable, such provision shall be deemed deleted from these Official Rules and replaced by a valid and enforceable provision which so far as possible achieves the parties’ intent in agreeing to the original provision. The remaining provisions of these Official Rules shall continue in full force and effect.
SALE UP TO 70% OFF - TERMS AND CONDITIONS
*Conditions apply. Up to 70% OFF available on selected items. Sale launches June 22 2017 at 8am EST and finishes July 10 2017 at 12 pm EST. Prices as marked. Limited availability, while stocks last. Items purchased are final sale and cannot be exchanged or returned. Sale items cannot be resold commercially by non licensed Sunday Sunday retail accounts. Cannot be used in conjunction with any other discount code.
ONLINE PURCHASES - TERMS AND CONDITIONS
This agreement is a contract between the Customer (“you”) and Sunday Somewhere Pty Ltd ABN 23 148 900 565 (“SUNDAY SOMEWHERE”), 3/1 Convair Avenue, Ballina, NSW 2478, Australia.
Please read the following terms and conditions carefully before placing your order with SUNDAY SOMEWHERE. By completing and submitting the customer order form online and using the SUNDAY SOMEWHERE Online service, you acknowledge that you have read and agree with the terms and conditions outlined below.
The following definitions form part of these Terms and Conditions. Customer means any party or parties making direct purchases of any Goods and/or Services from SUNDAY SOMEWHERE. If there is more than one Customer, the obligations of the Customer under these Terms shall bind all such parties jointly and severally. Goods means all or a portion of the goods and/or materials and/or equipment and/or parts offered for delivery and/or supply by SUNDAY SOMEWHERE. Invoice means all invoices for Goods and/or Services supplied by SUNDAY SOMEWHERE to the Customer. Services means all or a portion of labour and/or services offered by SUNDAY SOMEWHERE from time to time. Standard Prices means SUNDAY SOMEWHERE’ prices in effect at the date of delivery, notification of which to the Customer will be reserved by SUNDAY SOMEWHERE. Terms means these terms and conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law. SUNDAY SOMEWHERE means Sunday Somewhere Pty Ltd.
2.1 The whole of the agreement between SUNDAY SOMEWHERE and the Customer is set out in these Terms.
2.2. Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) that are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer.
2.3 By receiving delivery and/or supply of the Goods and/or Services, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.
3. QUOTATIONS AND PRICING
3.1 Prices charged for Goods and/or Services will be according to a current quotation for those Goods and/or Services. Otherwise, they will be determined by SUNDAY SOMEWHERE by reference to its Standard Prices. For Australian residents all prices quoted will be inclusive of GST.
3.2 Unless otherwise specified by SUNDAY SOMEWHERE, the prices exclude costs (freight and postage and handling fees etc), duties and charges in relation to insurance, packing (other than the standard packing of SUNDAY SOMEWHERE), crating, delivery (whether by road, rail, ship or air) and export of the Goods.
4. DELIVERY & SUPPLY
4.1 Any times quoted for delivery and/or supply are estimates only and SUNDAY SOMEWHERE shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods and/or Services by reason of any delay in delivery/supply or dispatch.
4.2 SUNDAY SOMEWHERE reserves the right to stop any delivery and supply of Goods at any time if the Customer fails to comply with the Terms.
4.3 The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the date of receipt of the Goods.
4.4 The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when SUNDAY SOMEWHERE notifies the Customer that the Goods are available for collection.
4.5 Any shortage or error in a shipment of Goods must be reported in writing (including email) by the Customer to SUNDAY SOMEWHERE within twenty-four (24) hours of the Customer’s receipt of the shipment.
4.6 The report must state the relevant invoice number, the Goods ordered and the shortage or error claimed.
4.7 SUNDAY SOMEWHERE will investigate all reports and, subject to SUNDAY SOMEWHERE’ confirmation of any shortage or error in shipment, SUNDAY SOMEWHERE will rectify any shortage or error in shipment.
4.8 Refer to SUNDAY SOMEWHERE “Shipping & Delivery” Policy.
5. RESERVATION OF TITLE
Risk and title in the Goods passes to you upon delivery of the Goods to your nominated Delivery Address.
6. AVAILABILITY OF STOCK
6.1. Goods and Services are subject to change without prior notice to the Customer.
6.2. Any order that cannot be fulfilled will automatically be back ordered and processed when stock becomes available unless it is the Customer's stated standard policy not to accept back orders or the Customer specifically marks its order, "Do Not Back Order". Deliveries at any time are subject to availability of stock and SUNDAY SOMEWHERE will not be liable for any charges due to product unavailability.
The Customer acknowledges and accepts that SUNDAY SOMEWHERE sells and supplies its Goods only through persons who have been authorised by SUNDAY SOMEWHERE to sell specific product categories at specific locations and who comply with SUNDAY SOMEWHERE's Terms.
7.1. Subject to Part IV of the Trade Practices Act 1974:
(a) Under no circumstances may the Customer sell, offer to sell, market or display, or cause to sell, offer to sell, market or display for sale, or use in any other way Goods through the internet or by mail order.
(b) The Customer is prohibited from selling, offering to sell, marketing or displaying, or causing to sell, offer to sell, market or display for sale, or use in any other way Goods outside Australia.
8. SHIPPING & DELIVERY
8.1. SUNDAY SOMEWHERE will ship by the least expensive route and carrier to all points. The freight charge will be included as a separate item on the invoice. SUNDAY SOMEWHERE shall not be liable to the Customer or any other person for any loss or damage which may result directly or indirectly from freight handling.
9. RETURN AND EXCHANGE OF GOODS
9.1. All faulty Goods must be returned to SUNDAY SOMEWHERE, complete with one package with all component parts (where applicable). Goods should be returned to SUNDAY SOMEWHERE with a completed returns form within Seven (7) days after the dispatch date. Goods deemed faulty will be replaced free of additional freight charges. Refunds will not be provided for any returned Goods, unless replacement Goods are unavailable.
9.2. Goods will be inspected by a Quality Assurance Department and Goods that have been purposefully tampered with (including but not limited to Goods that have been mishandled, Goods that have had protective coating removed and Goods that have been damaged by abuse, accident, corrosive environments, negligence or improper installation) will not qualify for exchange or credit.
9.3. The returns form referred to in clause 10.1 must quote the invoice number against which the Goods were initially supplied.
9.4. SUNDAY SOMEWHERE reserves the right to refuse any returned Goods that do not comply with SUNDAY SOMEWHERE return terms.
10. PRIVACY ACT 1988 (“PRIVACY ACT”)
Personal information collected will be used for the purpose of processing the order, and may be shared with a third party delivery agent for the purposes of delivering your order.
By placing an order the customer consents to transfer of information to the United States.
11. LIMITATIONS OF LIABILITY
11.1. To the maximum extent permitted by law, all conditions, warranties, representations, liabilities and obligations, whether implied or imposed by a statute or otherwise, in respect of supply of Goods and/or Services, including any conditions or warranties as to merchantability, fitness for purpose or correspondence with description, or any information or advice, are excluded and all liability for loss or damage, whether consequential or otherwise and whether arising from negligence or from any other course whatsoever, is excluded.
11.2. If SUNDAY SOMEWHERE is held or found to be liable to the Customer for any matter relating to or arising in connection with the sale or supply of Goods and/or Services to the Customer whether based on an action or claim in contract, negligence, tort or otherwise, the amount of damages the Customer will be entitled to recover from SUNDAY SOMEWHERE will be limited to the amounts actually paid by the Customer for the Goods and/or Services.
11.3. SUNDAY SOMEWHERE shall not under any circumstances be liable to the Customer or any other person (whether directly or indirectly) for any loss of revenue, loss of profit or any consequential loss whatsoever in any way related to or in connection with the sale or supply of Goods and/or Services to the Customer under these Terms.
12. WARRANTIES AND INDEMNITIES
12.1. No warranties except those implied and that by law cannot be excluded are given by SUNDAY SOMEWHERE in respect of Goods and/or Services supplied.
12.2. To the fullest extent permitted by law, the liability of SUNDAY SOMEWHERE for a breach of a condition or warranty is limited to the repair or replacement of the Goods, the supply of equivalent Goods, the payment of the cost of repairing or replacing the Goods or acquiring equivalent Goods, the re-supply of Services or the payment of the cost of hiring the Services re-supplied, as determined by SUNDAY SOMEWHERE.
12.3. Without limiting the generality of the above, SUNDAY SOMEWHERE will not be liable to the Customer for any indirect or consequential loss, or for any loss of profit or reputation.
12.4. The Customer acknowledges and warrants that it has relied on its own skill and judgment or, alternatively, on the skill and judgment of tradesmen and professional advisers retained by it to provide advice and assistance on the suitability of the Goods and/or Services for specific purposes and procedures and, in this respect, shall indemnify SUNDAY SOMEWHERE from and against any suit, claim, demand or compensation which, but for these Terms, the Customer may have had against SUNDAY SOMEWHERE.
13. OVERSEAS ORDERS
The Customer acknowledges that he/she is familiar with the customs laws of the country to which the Goods are to be delivered, and agrees that the Customer will be responsible for compliance with all local laws which may restrict the importation of certain goods, and will be solely responsible for payment of any present or future tax, duty or charge which may be imposed or assessed by any relevant regulatory authority on the Goods purchased.
14. LEGAL CONSTRUCTION
14.1. These Terms shall be governed by and interpreted according to the laws of New South Wales and SUNDAY SOMEWHERE and the Customer consent and submit to the jurisdiction of the Courts of New South Wales in Australia.
14.2. Any part of these Terms being the whole or any part of any clause(s) shall be capable of severance without affecting any other part of the Terms.