Concierge Finder

By using the website located at the internet address www.conciergefinder.com.au in consideration of Vivienne Lewis providing you (the User) with access to the Content and facilities provided, you agree to the following Terms and Conditions of User (Terms and Conditions of Use). This is an agreement between you and Vivienne Lewis (Concierge Finder with its affiliates and subsidiaries, we or us).

Please read this Concierge Finder App License Agreement and Terms of Use, the Concierge Finder Privacy Policy (located at www.conciergefinder.com.au ) (Concierge Finder Privacy Policy ), the Concierge Finder Terms & Conditions (located at www.conciergefinder.com.au) (Concierge Finder Terms & Conditions ) and other applicable rules, policies, and terms posted on the Concierge Finder website or the Concierge Finder App (collectively, this Agreement) before using the Concierge Finder App and Digital Content. In the event of a conflict between those terms and the terms of this Agreement, this Agreement will apply.

By downloading or clicking agree and using the Concierge Finder App and/or any Digital Content, you agree to be bound by the terms of this Agreement, of the Concierge Finder Privacy Policy and the Concierge Finder Terms & Conditions. If you do not accept these terms or click agree, then you may not download or use the Concierge Finder App or any Digital Content.

For the purposes of this Agreement:

Digital Content means any digitized content, including publications, information, events, calendars, schedules, games, lists, details and any other digital content provided.

Concierge Finder App means, collectively, our Concierge Finder branded application and software (including any updates/upgrades to that software) through which you can browse, shop for, download and/or stream, read, schedule, book, investigate and/or otherwise use Digital Content or other items offered by us on one (1) or more select devices (e.g., phones, smartphones, tablets, PC/Mac, et al.) and manage your Digital Content and account settings.

Subscription-based Content means Digital Content made available to you on a subscription basis.

• (a) Upon your download of Digital Content and full payment of any applicable fees (including applicable taxes), Concierge Finder grants you a non-exclusive right to view, use, and display such Digital Content an unlimited number of times, solely on the number and type(s) (if so limited) of devices specified in the Concierge Finder App or in the third party store in which the app was purchased (e.g., the iTunes app store), and solely for your personal, non-commercial use.
• (b) Unless otherwise specified, Digital Content is licensed, not sold, to you by Concierge Finder.
• (c) Concierge Finder may post additional terms for Digital Content in the Concierge Finder App.
• (d) Those terms will also apply, but in the event of a conflict between those terms and the terms of this Agreement, this Agreement will govern and apply.

• (a) Unless otherwise stated in writing by Concierge Finder, you may not sell, rent, lease, distribute, broadcast, stream, sublicense, transfer, or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Digital Content.
• (b) In addition, you may not bypass, modify, defeat, or circumvent security features that protect the Digital Content.

• (a) You may cancel your subscription as permitted in our cancellation policy for such Subscription-based Content.
• (b) We reserve the right to change subscription terms and fees from time to time, effective as of the beginning of the next subscription term upon notice to you.
• (c) The Concierge Finder subscription service is governed by its terms of use located at www.conciergefinder.com.au.

• (a) You may use the Concierge Finder App, including the software comprising it, solely on the number and type(s) (if so limited) of devices for which you downloaded such content.
• (b) You may not separate or replicate any individual component of such software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part.

• (a) In order to keep your Concierge Finder App up-to-date, Concierge Finder may make available updates/upgrades to the app.
• (b) If you do not download such updates/upgrades, you may not receive certain features and/or functionality and/or you may lose certain features and/or functionality of the app.

You may not modify, reverse engineer, decompile, or disassemble the Concierge Finder App, whether in whole or in part, create any derivative works from or of the Concierge Finder App, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Concierge Finder App; e.g., by modifying, defeating, augmenting or substituting any digital rights management functionality.

• (a) Concierge Finder makes the Concierge Finder App available for you to use, however it does not assume a duty of care to you. Concierge Finder makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Digital Content.
• (b) Concierge Finder does not warrant or represent that our Concierge Finder App or Digital Content will not cause damage or are free from any computer virus or any other defects or errors.
• (c) Where any law implies a warranty into these Concierge Finder Terms & Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
• (d) Where liability cannot be excluded, any liability incurred by Concierge Finder in relation to the use of our Concierge Finder App or the Digital Content is limited as provided under the Trade Practices Act 1974 (Cth) or any superseding Act.
• (e) Under no circumstances will Concierge Finder be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Digital Content on the Concierge Finder App.

• (a) You must use the Concierge Finder App and the Digital Content in compliance with all applicable laws.
• (b) The license of the Concierge Finder App or Digital Content to you does not transfer to you title to or ownership of any intellectual property rights of Concierge Finder or its licensors.
• (c) All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to Concierge Finder.

• (a) The Concierge Finder App will provide Concierge Finder with information and data related to the Digital Content on your device and your use of it (such as registration information, information on what a user has purchased, information on the user’s activity in the app, device details, et al.).
• (b) Information we receive from or about you is subject to the Concierge Finder Privacy Policy (see above for link), and any personal information transferred by Concierge Finder is subject to such privacy policy and to applicable data protection laws.

The Concierge Finder App, and/or methods used in connection with the app, may be covered by copyright and one or more patents or pending patent applications, and the Digital Content is protected by copyright.

We may modify, suspend, or discontinue access to certain Digital Content in the event of a rights issue or other business or legal issue.

• (a) Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement.
• (b) In case of such termination, you must cease all use of the Concierge Finder App and Digital Content, and Concierge Finder reserves the right to immediately revoke your access to the Concierge Finder App or to Digital Content without refund of any fees.
• (c) Concierge Finder’s failure to exercise or enforce any term of this Agreement will not constitute a waiver of such term or any of Concierge Finder’s rights or remedies.
• (d) Clauses 4.3 and 5 will survive the termination of this Agreement by either party.

• (a) Use of the Concierge Finder App and digital content, and software is at your sole risk.
• (b) No oral or written information or advice given by Concierge Finder or an authorised representative of Concierge Finder creates a warranty, and the Concierge Finder App and digital content are provided "as is" with all faults and without warranty of any kind, and Concierge Finder and its licensors disclaim all warranties, express or implied, such as the implied warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
• (c) The laws of certain jurisdictions do not allow the disclaimer of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia in the event of a dispute over these Terms & Conditions of Use, the Concierge Finder App or any Digital Content.

• (a) This is the entire agreement between us and you regarding the Concierge Finder App and Digital Content and supersedes all prior understandings regarding such subject matter.
• (b) If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

• (a) We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Concierge Finder App or the Concierge Finder website.
• (b) Your continued use of the Concierge Finder App and Digital Content after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

For help with your Concierge Finder App and Digital Content, please contact Customer Service by e-mail: admin@conciergefinder.com.au or by phone at +61 (07)3102 5322.

For communications concerning this Agreement, please contact Concierge Finder by email: admin@conciergefinder.com.au