1.1 Services are provided by Little Beach Bums ABN 30 665 131 601 (“Little Beach Bums”) subject to the Customer’s acceptance and compliance at all times with these Terms and Conditions. As a condition of using the Little Beach Bum’s Services, the Customer agrees to the Terms and Conditions set out herein.
2. SERVICES AND INCLUSIONS
2.1 The standard basic Services that Little Beach Bums provides to the Customer includes but is not limited to:
2.1.1 Rental of cloth nappies (the initial number of nappies being determined by the initial size chosen by the Customer pursuant to clause 2.5, and thereafter determined by the amount of weekly use pursuant to clause 2.6);
2.1.2 Rental of two laundry bags;
2.1.3 Once weekly collection of soiled Items (see clause 5);
2.1.4 Laundering soiled Items;
2.1.5 Once weekly delivery of clean Items (see clause 5); and
2.1.6 Record-keeping of the amount of Items collected and delivered each week.
2.2 The Customer may elect to add the following Upgrades on to the standard Services (at an additional Fee) :
2.2.1 Rental of nappy covers;
2.2.2 Rental of night boosters.
2.3 The Services that Little Beach Bums provides for Upgrades will be the same as are provided for standard Services. Where a Customer requests an Upgrade and pays a Fee for the Upgrade in accordance with these Terms and Conditions, the Upgrades will form part of the definition of Services.
2.4 The quantity of nappies that Little Beach Bums delivers to the Customer per week will be as follows:
2.4.1 For an introductory period of 2 weeks from the commencement of the term:
2.4.2 After the introductory period, the Customer will receive the number of clean nappies per week as indicated by the number of soiled nappies that were collected in the introductory period, or such other number as agreed in writing between the Customer and Little Beach Bums.
3. ENGAGING LITTLE BEACH BUMS’S SERVICES AND DURATION OF CONTRACT
3.1 The Services will commence after the Customer has entered into a contract with Little Beach Bums on the basis of these Terms and Conditions.
3.2 The provision of a quote by Little Beach Bums to the Customer, together with a copy of these Terms and Conditions is an offer by Little Beach Bums to the Customer to enter into a contract with Little Beach Bums.
3.3 A contract between Little Beach Bums and the Customer is formed when the Customer accepts the terms of Little Beach Bums’s offer (which shall be the entire agreement), by purchasing a subscription to the Services from Little Beach Bums.
Note: The available subscriptions from time to time will be posted on our website at https://www.littlebeachbums.com.au/
3.4 The Customer agrees that:
3.4.1 They have received a copy of these Terms and Conditions and have read and understood these Terms and Conditions prior to purchasing a subscription of Services from Little Beach Bums; and
3.4.2 The terms of the offer (including these Terms and Conditions) are the entire agreement between Little Beach Bums and the Customer (except as otherwise agreed in writing after the contract is formed) and there have been no other representations made by Little Beach Bums to the Customer except as were set out in the offer.
3.4.3 They are legally capable of entering into binding contracts and are at least 18 years old.
3.5 The Customer is bound by these Terms and Conditions for the duration of the contract. The duration of the contract will be:
3.5.1 Where the Customer purchases a fixed-term subscription from Little Beach Bums, from the date that the Customer purchases the subscription until the end of the fixed-term subscription;
3.5.2 Where the Customer purchases an ongoing subscription from Little Beach Bums, from the date that the Customer purchases the subscription until that date that the subscription is terminated in accordance with these Terms and Conditions.
4. DELIVERY AND COLLECTION
4.1 Little Beach Bums shall deliver clean Items and collect soiled Items on a once weekly basis.
4.2 Prior to the first delivery of the Items, Little Beach Bums shall provide the Customer with a schedule of the delivery and collection times. Little Beach Bums reserves its rights to vary the schedule in its sole discretion from time to time during the term of the contract. Any variations to the schedule will be provided in writing to the Customer prior to the variation taking effect.
4.3 Little Beach Bums shall deliver the Items to and collect the Items from the front door of the address nominated by the Customer. If the Customer nominates deliver inside a building and Little Beach Bums agrees to do so, the Customer will be responsible for any loss or damage suffered by Little Beach Bums in connection with the delivery of the Items beyond the front door of the address. The Customer must ensure that the delivery person is afforded safe access to the nominated delivery point, and obtain any prior security or other approvals required for Little Beach Bums to access the delivery address.
4.4 For the purpose of collection of soiled Items, the Customer must ensure that:
4.4.1 the soiled Items are made available for collection on the designated day and time by leaving the soiled Items next to the front door or next to the mail box at the address provided by the Customer, by 3:00 am on the designated day (Note – we strongly recommend that our customers place them out the night before the designated day);
4.4.2 the soiled Items have been placed in the laundry bags provided by Little Beach Bums;
4.4.3 all solid waste has been removed before the soiled Items are placed in the laundry bag;
4.4.4 the zipper on the laundry bag is closed.
4.5 The clean Items being delivered by Little Beach Bums shall be left in the place of the soiled Items that have been collected. The Customer is responsible for any loss or damage to the Items prior to collection or after delivery.
4.6 Where the Customer fails to comply with clause 4.4, Little Beach Bums reserves the right to:
4.6.1 Refuse to collect soiled Items that have been incorrectly packed in accordance with clauses 4.4.2, 4.4.3 and/or 4.4.4; and/or
4.6.2 Require that uncollected soiled Items be delivered to Little Bach Bums’ headquarters within 24 hours of the originally scheduled pick up time; and/or
4.6.3 Withhold delivery of clean Items.
4.7 In the event of repeated failure to return soiled Items (that is, more than twice) , Little Beach Bums reserves its right to:
4.7.1 Refuse to deliver further clean Items until such time as the missing soiled Items are delivered by the Customer to Little Beach Bums’s headquarters; and/or
4.7.2 Continue to require payment from the Customer pursuant to the contract between Little Beach Bums and the Customer; and/or
4.7.3 Assert any of its other rights under these Terms and Conditions.
4.8 A failure of Little Beach Bums to exercise its rights in clause 4.6 is not to be constituted as a waiver of Little Beach Bums’s rights under that clause.
4.9 Little Beach Bums shall keep a record of all nappies delivered to the Customer and collected from the Customer each week.
4.10 The Customer may request a pre-birth delivery by advising Little Beach Bums that the delivery is a pre-birth delivery. There is no extra charge for a pre-birth delivery and such a delivery will be treated as the first delivery in the service period. Little Beach Bums will not make subsequent deliveries or collections until the Customer advises Little Beach Bums in writing that the baby has arrived. Little Beach Bums allows a maximum three week window to begin the service after a pre-birth delivery has been made. After this time, if the Customer has not initiated the continuation of the Services, the Customer must arrange for collection of all Items to Little Beach Bums, failing which Little Beach Bums reserves the right to charge a fee for the replacement of the Items.
4.11 Little Beach Bums reserves the right not to deliver or collect on public holidays in the Customer’s area. The Customer will be notified in writing if the scheduled delivery/collection day is to be postponed due to a public holiday. The delivery/collection day will be changed to either the business day before the public holiday or the business day after the pubic holiday.
5. CHANGES AND SUSPENSIONS
5.1.1 If the Customer wishes to change the size or quantity of their Items, they must provide Little Beach Bums with at least three business days’ notice in writing. The Customer cannot change the quantity of their items to below 15 per week. The Customer will not receive a discount for requesting a lesser number of Items.
5.1.2 The Customer may update their personal details (including delivery address) by notice in writing to Little Beach Bums. Little Beach Bums reserves their right to terminate the contract with the Customer should the Customer change their address to an address which in the opinion of Little Beach Bums is outside of the geographical limit which Little Beach Bums can reasonably service, in which event any money paid by the Customer to Little Beach Bums shall be forfeited.
5.2.1 The Customer may suspend the Services at any time for an aggregated total period of three weeks, by providing at least three business days’ notice in writing to Little Beach Bums.
5.2.2 The Customer will not be required to pay the Fee to Little Beach Bums in respect of the suspension. Where Little Beach Bums has paid a Fee for the suspension period in advance, the Fees paid will be applied to the period following the suspension.
5.2.3 Where the Services are suspended by the Customer, the Customer must make all Items (including soiled and non-soiled Items) available for collection (in accordance with clause 4.4) on the next scheduled collection date. Little Beach Bums will undertake the next scheduled collection after the suspension, but will not make any subsequent deliveries or collections until the expiry of the suspension period.
5.2.4 Normal Services will be automatically resumed at the conclusion of the suspension period nominated by the Customer, and if no nomination is made or if the nomination made is over an aggregated period of one month, on the next scheduled delivery date following the conclusion of the one-month period.
6. DISCREPANCIES, RETURNS AND REFUNDS
6.1 The Customer is responsible for contacting Little Beach Bums within seven days of delivery should the Customer believe that there are any faults with the Items or any discrepancies in the number of Items delivered to them.
6.2 Little Beach Bums reserves the right in their absolute discretion to determine whether any faults or discrepancies exist.
6.3 If the Customer believes that there is a material fault with any of the Items, then the Customer must provide Little Beach Bums with evidence of the fault. If a fault exists, those Items shall be replaced by Little Beach Bums at no cost to the Customer within seven days of the Customer providing evidence to Little Beach Bums of the faulty items.
6.4 Where there is a discrepancy in the number of Items delivered to the Customer, then Little Beach Bums shall rectify the discrepancy by:
6.4.1 Where the number is below what is required, delivering to the Customer within 7 days the additional Items required;
6.4.2 Where the number is above what is required, collecting the excess Items in the next scheduled collection cycle.
7 .RISK AND OWNERSHIP
7.1 Ownership of any and all Items delivered by Little Beach Bums to the Customer as part of the Services remain the sole property of Little Beach Bums.
7.2 Any Items delivered by Little Beach Bums to the Customer as part of the Services are at the Customer’s risk from the time of delivery to the Customer until the time of collection from the Customer. Should any items be lost, stolen or damaged, the Customer shall be responsible to pay the replacement cost (which Little Beach Bums may deduct from the payment details provided by the Customer without being required to obtain the Customer’s prior consent).
8 CUSTOMER’S OBLIGATIONS
8.1 During performance of the Services, the Customer will:
8.1.1 co-operate with Little Beach Bums as Little Beach Bums reasonably requires;
8.1.2 do all things as reasonably required by Little Beach Bums to enable to Little Beach Bums to perform the Services; and
8.1.3 provide the information and documentation that Little Beach Bums reasonably requires.
9 PAYMENT FOR SERVICES
9.1 Payment of Fees
9.1.1 The Customer is required to pay the Fees for the Services (including any Upgrades elected by the Customer from time to time) monthly in advance.
9.1.2 Little Beach Bums is not required to provide any Services that have not been paid for in advance.
9.1.3 All prices and payments must be in AUD unless otherwise agreed in writing between Little Beach Bums and the Customer.
9.1.4 Little Beach Bums reserves the right to add a credit card surcharge charged by its merchant facility on such a card, in addition to the price.
9.1.5 The Customer acknowledges that the Fees are exclusive of any GST that may be charged by Little Beach Bums to the Customer, and therefore, Little Beach Bums will be entitled to add on GST.
9.2 Payment Methods
9.2.1 Where the Customer has engaged Little Beach Bums’s Services by purchasing a subscription from Little Beach Bums’s online store, such subscription shall be paid by the Customer using one of Little Beach Bums’s secure payment methods.
9.2.2 Where the Customer has engaged Little Beach Bums’s Services by providing the Customer’s credit card or debit card details over the telephone, such subscription shall be paid by the Customer by Little Beach Bums debiting the credit card or debit card provided via telephone.
9.2.3 The Customer consents to Little Beach Bums automatically charging the credit card, debit card or other payment details provided by the Customer in advance prior to the commencement of every one-month period, until such time as the contract is terminated in accordance with these Terms and Conditions.
9.3.1 Little Beach Bums will provide the Customer with a tax invoice in accordance with the GST Law in relation to Fees payable for the Services, prior to deducting payment from the Customer’s credit card or debit card.
9.4 Variation of Fees
9.4.1 Little Beach Bums is entitled to vary the Fees at their sole discretion at any time, provided that written notice is provided to the Customer of 14 days prior to the change being implemented.
9.5 Failure to pay
9.5.1 If the Customer fails to make payment for the Services (including where the payment details provided by the Customer are declined), Little Beach Bums is entitled to do any or all of the following:
a charge interest on the outstanding amount at the rate of 2% per year above the base lending rate of the Reserve Bank of Australia, accruing daily; and
b terminate the contract between Little Beach Bums and the Customer; and
c cease performing any further Services (or any part of the Services) until payment is received.
10. NO PARTNERSHIP OR EMPLOYMENT RELATIONSHIP
10.1 Nothing in these Terms and Conditions constitutes the relationship of employer and employee between the Customer and Little Beach Bums.
10.2 It is the express intention of the Parties that any such relationships are denied.
10.3 Use of Contractors
10.3.1 Little Beach Bums is permitted to use other persons or organisations to provide some or all of the Services.
10.3.2 Little Beach Bums may choose such contractors at their sole discretion for any Service without being required to provide notice to the Customer.
11. CONDITIONS, WARRANTIES, LIABILITY AND INDEMNITIES
11.1 Additional Conditions of Supply of Services
11.1.1 Little Beach Bums may provide the Services in such places and locations as Little Beach Bums considers appropriate and reasonable from time to time. Little Beach Bums reserves its right to refuse to provide its Services to a potential customer on the basis that the potential customer is outside of the geographical area that Little Beach Bums is able to reasonably service.
11.1.2 Subject to clause 11.6.1, Little Beach Bums will use its reasonable endeavours to complete the Services on the dates agreed by the Parties.
11.1.3 Little Beach Bums reserves the right to charge the Customer for extra cleaning services that are required where solid waste is left in the Items at the time of collection. Customers who return Items with solid waste will be charged a loading of fifty percent in addition to of the weekly Service Fee.
11.2.1 Little Beach Bums warrants that it will use reasonable care and skill in performing the Services to the standard generally accepted within the industry, sector or profession in which Little Beach Bums operates for the type of Services provided by Little Beach Bums.
11.2.2 If Little Beach Bums fails to use reasonable care and skill in performing the Services (or any part of the Services), or if the Items (or any of them) are delivered soiled, broken, or otherwise not in good and useable condition then, upon request Little Beach Bums will re-perform the relevant part of the Services without further charge, subject to paragraphs 11.7.1 and 11.7.3 below.
11.2.3 The Customer’s request referred to in paragraph 11.2.2 must be made within two weeks of the date Little Beach Bums completed performing the Services.
11.3.1 Little Beach Bums must take out all insurance required by law including:
a worker’s compensation insurance as prescribed by law for Little Beach Bums’s Personnel; and
b public liability insurance for a minimum of $10,000.00 for each occurrence.
11.4 Employees and subcontractors
11.4.1 Little Beach Bums covenants that Little Beach Bums is solely responsible for the payment to Little Beach Bums’s employees, contractors and agents of all amounts due by way of salary, superannuation, annual leave, long service leave and any other benefits to which they are entitled as Little Beach Bums’s employees, contractors or agents.
11.4.2 Little Beach Bums must otherwise comply with legislation applicable to Little Beach Bums’s employees, contractors and agents.
11.5 Compliance with all laws
11.5.1 Throughout the terms that the Services are provided by Little Beach Bums to the Customer, Little Beach Bums must comply at Little Beach Bums’s own cost and expense with all acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, State and Local Government departments, bodies, and public authorities or other authority. This requirement applies to Little Beach Bums or to the Services. Little Beach Bums must indemnify the Customer from and against all actions, costs, charges, claims and demands in respect thereof.
11.6 No Limitation on liability
11.6.1 Little Beach Bums shall not be responsible or liable in any way for:
a any allergy or reactions that any person has or sustains from the Items; or
b any personal property that is left in the laundry bags such as money, jewellery or any other personal items (which the Customer agrees not to leave in the laundry bags); or
c any inability of Little Beach Bums to complete or provide the Services for any reason,
and the Customer releases Little Beach Bums from all such responsibility or liability.
11.6.2 Except in the case of death or personal injury caused by Little Beach Bums’ negligence, the liability of Little Beach Bums under or in connection with these Terms and Conditions whether arising in contract, tort, negligence, breach of statutory duty or otherwise is limited to and must not exceed the Fees paid by the Customer to Little Beach Bums for the Services. This shall not apply to clauses 11.5 or 11.7.
11.6.3 To the extent permitted by law, under no circumstances will Little Beach Bums be liable for any loss of profit, loss of revenue, loss of contract, loss of business opportunity, loss of reputation, loss of data or any indirect or consequential loss arising in connection with these Terms and Conditions or the Services.
11.6.4 To the extent permitted by law:
(a) Little Beach Bum’s total aggregate liability in connection with these Terms and Conditions is limited, at its option, to:
i) in the case of the supply of Products:
A – replacement or resupply of the products; or
B – the cost of replacement or resupplying the products.
ii) In the case of supply of Services:
A – Supplying the services again; or
B – The cost of supplying the Services again; and
(b) In any event, will not excess the fees paid by you to us under the relevant subscription.
11.7.1 The Customer must indemnify Little Beach Bums from and against all Claims and Losses arising from loss, damage, liability, injury to Little Beach Bums, its employees, agents, contractors and suppliers, infringement of third party intellectual property, or third party losses by reason of or arising out of any information supplied to the Customer by Little Beach Bums, its employees, subcontractors or suppliers, or supplied to Little Beach Bums by the Customer within or external to the scope of these Terms and Conditions.
11.8 No reliance
11.8.1 Each of the Parties acknowledges that, in entering into a contract with the other pursuant to these Terms and Conditions, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. Any conditions, warranties or other terms implied by statute or common law are excluded from these Terms and Conditions to the fullest extent permitted by law.
11.9.1 Little Beach Bums must supply the Customer with evidence of Little Beach Bums’s ABN and must include this number on any statement provided to the Customer.
11.9.2 Little Beach Bums acknowledges that if Little Beach Bums fails to provide an ABN, then the Customer is entitled to withhold any proportion of the payments to Little Beach Bums as may be required under the relevant law for tax purposes.
11.10 Survival of obligations
11.10.1 The obligations accepted by Little Beach Bums and the Customer under this clause 11 survive termination or expiry of the Contract formed between Little Beach Bums and the Customer.
12.1 A fixed-term contract formed pursuant to these Terms and Conditions terminates:
12.1.1 at the end of the fixed term; and
12.1.2 upon the occurrence of an event set out in clause 12.3.
12.2 An ongoing contract formed pursuant to these Terms and Conditions terminates upon:
12.2.1 the giving of at least 1 month’s written notice by the Customer to Little Beach Bums of the intention to terminate the contract; and
12.2.2 upon the occurrence of an event set out in clause 12.3.
12.3 Little Beach Bums may terminate a contract formed pursuant to these Terms and Conditions by notice in writing to Customer, if the Customer:
12.3.1 fails to observe any term of the contract (including these Terms and Conditions); and
12.3.2 fails to rectify this breach to the satisfaction of Little Beach Bums, within 7 days of notification of the breach being given in writing by Little Beach Bums to the Customer.
12.4 The Customer may, at its discretion, pay to Little Beach Bums the equivalent amount of the Fees payable by the Customer to Little Beach Bums during the notice period in lieu of any notice period relating to termination of these Terms and Conditions under paragraph 12.2.1.
12.5 Upon termination of the contract:
12.5.1 any fees, expenses or reimbursements paid by the Customer to Little Beach Bums in respect of any period are forfeited by the Customer;
12.5.2 any Fees owing by the Customer to Little Beach Bums must be immediately paid in full;
12.5.3 the Customer must make all Items available for collection by Little Beach Bums;
12.5.4 Little Beach Bums will collect all Items from the Customer on the last scheduled collection date during the contract period (or, if the contract is terminated without notice, on the next scheduled collection date following the termination);
12.5.5 Little Beach Bums reserves the right to deduct the replacement cost of any Items that are not accounted for to the credit card or debit card of the Customer.
13.1 Force majeure
13.1.1 Neither Party has any liability under or may be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of these Terms and Conditions which result from circumstances beyond the reasonable control of that Party.
13.1.2 The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
13.1.3 If such circumstances continue for a continuous period of more than 3 months, either Party may terminate these Terms and Conditions by written notice to the other Party.
14.1 The Customer may not assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under these Terms and Conditions without the prior written agreement of Little Beach Bums.
14.2 Little Beach Bums may assign and transfer all its rights and obligations under these Terms and Conditions to any person, provided that the assignee undertakes in writing to the other Customer to be bound by the obligations of the assignor under these Terms and Conditions.
15.1 No failure or delay by Little Beach Bums in exercising any right, power or privilege under these Terms and Conditions will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
15.2 The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
16. AGENCY, PARTNERSHIP ETC
16.1 These Terms and Conditions will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in these Terms and Conditions.
16.2 Neither Party will have, nor represent that it has, any authority to make any commitments on the other Party’s behalf.
17. FURTHER ASSURANCE
17.1 Each Party to the contract must at the request do all things reasonably necessary to carry out the provisions of these Terms and Conditions or to make them easier to enforce.
18.1 If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
19. WORK, HEALTH AND SAFETY
19.1 Little Beach Bums must comply with all relevant work, health, safety and welfare standards as prescribed by legislation.
20. LAW AND JURISDICTION
20.1 This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Queensland, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland.
21.1 “Customer” means the person, firm, company or corporate entity to whom Little Beach Bums supplies Products or Services;
21.2 “Claims” means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
21.3 “Fee” means the rates set out in Annexure 1 (Rates Schedule) annexed to these Terms and Conditions;
21.4 “GST Law” means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
21.5 “Items” means nappies, laundry bags and any Upgrades request by the Customer;
21.6 “Losses” means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
21.7 “Little Beach Bums/we” means Little Beach Bums ABN 30 665 131 601;
21.8 “Parties” means Little Beach Bums and the Customer, and Party means either one of them;
21.9 “Little Beach Bums’s Personnel” means any person or persons that Little Beach Bums designates to perform the Services on Little Beach Bums’s behalf, including employees, contractors, agents, suppliers and volunteers.
21.10 “Services” means the service provided by Little Beach Bums to the Customer under these Terms and Conditions, more particularly described in clause 2;
21.11 “Termination Date” means the earlier of:
21.11.1 the date of termination of the contract by the Customer or Little Beach Bums; and
21.11.2 the date of expiry of the contract.
21.12 “Upgrades” means the additional services that a Customer may elect to rent from Little Beach Bums in addition to the Services, and more particularly described in clause 2.2
22.1 In these Terms and Conditions unless the context otherwise requires:
22.1.1 words importing any gender include every gender;
22.1.2 words importing the singular number include the plural number and vice versa;
22.1.3 words importing persons include firms, companies and corporations and vice versa;
22.1.4 references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to these Terms and Conditions;
22.1.5 reference in any schedule to these Terms and Conditions to numbered paragraphs relate to the numbered paragraphs of that schedule;
22.1.6 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
22.1.7 the headings to the clauses and schedules of these Terms and Conditions are not to affect the interpretation;
22.1.8 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
22.1.9 the word “including” (and related forms including “includes”) means “including without limitation”.