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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).
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- Content means the
information, documents, graphics, materials and all the works shown on the site;
- Materials has the
same meaning as Content;
- Terms and Conditions
of Use means the terms and conditions contained in this document;
- User and you means the person who is using Website, in whatever
part of the world that you may be;
- Website means this
website located at www.conciergefinder.com.au
; and Website Owner means Vivienne Lewis.
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This Website and the information and facilities contained herein must not be used
in any unlawful way, or for any illegal purpose, or in any manner that infringes
the rights of Website Owner.
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In addition, the User must not:
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- (a) data mine or conduct automated searches on our
Website or the Content on our Website, whether through the use of additional software
or otherwise;
- (b) incorporate any of the Content on our Website
or the Content, including advertising or promotional Materials;
- (c) frame or mirror Website without our prior written
consent;
- (d) tamper with, hinder the operation of, or make
unauthorised modifications to our Website or any Content;
- (e) knowingly transmit any virus, worm or other
disabling feature to or via our Website;
- (f) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
- (g) advertise or offer to sell any goods or services,
or conduct or forward surveys, contests, or chain letters from our domain;
- (h) delete any author attributions, legal notices
or proprietary designations or labels in any file that is uploaded;
- (i) use Website to send commercial, unsolicited
or bulk electronic messages to anyone or in any other way which would constitute
an infringement of the Spam Act 2003 (Cth); or
- (j) use Website or any facilities available on our
Website for any activities, or transmit to or via our Website any information or
Content which:
- i) breach any laws or regulations;
- ii) breach these Terms and Conditions of Use;
- iii) infringe a third party's rights (including
intellectual property rights, rights of privacy or their trade secrets);
- iv) are inappropriate, offensive, obscene, threatening,
indecent, inflammatory, pornographic, defamatory or confidential;
- v) are false or misleading;
- vi) are discriminatory in breach of State or
Commonwealth anti-discrimination legislation; or
- vii) identify a person or which can be used to
identify a person (including any copy, photos or other pictorial representations)
unless you have obtained that person's authority; or
- viii) attempt to do, or permit another person
to do, any of the above acts.
You access Website at your own risk and you are responsible for compliance with
the laws of your jurisdiction (in your home country) and these Terms and Conditions
of Use.
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In using our Website, you are deemed to accept our Privacy Policy which appears
on our Website.
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We do not represent or warrant that Content on our Website complies with the laws
of any country outside of Australia. If you access Website from outside Australia,
you do so at your own risk.
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- (a) any technical failure;
- (b) maintenance period that the Website Owner decides
to utilise;
- (c) if you do, or allow to be done, anything which
in our opinion may have the effect of jeopardising the operation of Website;
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We may without notice suspend our Website or disconnect or deny you access to any
part of our Website during:
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Website Owner may make improvements and or changes to Website or the Content at
any time without notice to you. We do not warrant that the site architecture or
navigation will not change now or at any time into the future.
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You may download, print or copy information on Website for your own use. Apart from
this, you shall not sell, lease, furnish or otherwise permit or provide access to
Website to any other person and you must not use, reproduce, communicate, publish,
or distribute any of the Content on Website, unless this constitutes a fair dealing
for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce
or use any of the information on Website for commercial gain.
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- (a) Website Owner makes it's Website available for
Users to use, however it does not assume a duty of care to Users. Website Owner
makes no warranties or representations regarding the quality, accuracy, completeness,
merchantability or fitness for purpose of the Content or the Materials.
- (b) Website Owner does not warrant or represent
that our Website or Materials 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
Terms and 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 Website Owner in relation to the use of our Website or the Content is
limited as provided under the Trade Practices Act 1974 (Cth) (or any amending Act).
- (e) Under no circumstances will Website Owner 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 Content
on it's Website.
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- (a) Website Owner makes no warranties or representations
that Material or Content on other websites to which our Website is linked does not
infringe the intellectual property rights of any person anywhere in the world.
- (b) Website Owner is not authorising infringement
of any intellectual property rights contained in material or Content on other sites.
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You represent and warrant in relation to any Content you upload to Website that
you provide Website Owner with an unlimited license to:
- (a) reproduce;
- (b) sublicense;
- (c) or otherwise re-distribute the Content in
any way that Website Owner determines at its absolute discretion.
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The Users acknowledges in relation to the role of Website Owner that:
- (a) Website Owner does not moderate, control
or authorise the activities of Users in posting Content to Website;
- (b) the User and the User alone, will be responsible
for any breach of any law that is caused directly or indirectly by infringing uploading
Content that is illegal or breaches a third parties intellectual property rights;
- (c) Website Owner reserves the right to remove,
delete, modify or change the Content that a User uploads to the Website.
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The Users acknowledges that:
- (a) Any Content uploaded to Website is not defamatory
or a malicious falsehood in relation to any product, service, person or corporation;
- (b) the Content is not the ‘passing off’ of any
product or service and does not constitute unfair competition;
- (c) it owns the copyright in the Content that
is uploaded onto Website and the Content does not infringe any intellectual property
right including, but not limited to:
- i) trade marks (whether registered or unregistered);
- ii) business names (whether registered or unregistered),
- iii) confidential information; and
- iv) copyright.
- (d) the Content does not infringe any legislation
or regulations of the Commonwealth of Australia and the State of Queensland including,
but not limited to, the
- i) Trade Practices Act 1974 (Cth);
- ii) Fair Trading Act 1989 (Qld)
- iii) Copyright Act 1968 (Cth);
- iv) Trade Marks Act 1995 (Cth),
(or any amending Acts);
- (e) and equivalent state and territory legislation
and any other legislative body competent to legislate in relation to Website or
any law in any country where the Content is or will be available electronically
to Users of Website.
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- (a) Unless otherwise indicated, Website Owner reserves
all copyright in the Content and design of Website. Website Owner owns all such
copyright or uses it under licence or applicable law.
- (b) Other than for the purposes of and subject to
the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable
legislation throughout the world), or as otherwise provided for in this copyright
notice, no part of any Materials may in any form or by any means (including framing,
screen scraping, electronic, mechanical, microcopying, photocopying or recording)
be reproduced, adapted, stored in a retrieval system or transmitted without the
prior written permission of Website Owner.
- (c) Website Owner is the owner of several trade
marks which appear on our Website. Unauthorised use of these trademarks will infringe
our intellectual property rights.
- (d) Website Owner reserves all other rights in Content
and Website.
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Website Owner welcomes ideas and feedback from Users about all aspects of Website.
The User agrees that Website Owner may reproduce, distribute, transmit, create derivative
works of, and publicly display any Materials and other information (including ideas
for new or improved products and services) that you submit to any public areas of
our Website (such as forums) or by email to Website Owner.
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If any part of these Terms and Conditions of Use are found to be void, unlawful
or unenforceable then that part will be deemed to be severable from the balance
of the document and the severed part will not affect the validity and enforceability
of the remaining terms and conditions.
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These Website Terms and Conditions and the Content on Website Owner's website are
governed by the law applicable in the State of Queensland, Australia.
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Website Owner and the User irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts of Queensland, Australia in the event of a dispute over
these Terms and Conditions of Use or the Materials contained herein.
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By using Website, you indemnify Website Owner and its respective officers, employees
and agents (the Indemnified) against any claim or proceeding that is made, threatened
or commenced, and any liability, loss, damage or expense (including reasonable legal
costs on a full indemnity basis) that Website Owner incurs or suffers as a direct
or indirect result of:
- (a) a breach by you of these Terms and Conditions
of Use;
- (b) an actual or alleged breach by you of any
law, legislation, regulation, by-law or code of conduct caused by data uploaded
or downloaded from our Website; and
- (c) any claims brought by or on behalf of any
third party relating to any act or omission by you, including breach of a third
parties copyright or trade mark.
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Website Owner may change these Terms and Conditions of Use at its discretion by
providing notice on our Website. The current version of the Terms and Conditions
of Use will be available on our Website at any time.
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If Website Owner does not act in relation to a particular breach by you of these
Terms and Conditions of Use, this will not be treated as a waiver by Website Owner
of our right to act with respect to subsequent or similar breaches.
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These Terms and Conditions and any warranties implied by law which are not capable
of being excluded or modified embody the entire agreement between Website Owner
and the User. Any contact with Customer Service Officers of Website Owner that includes
any negotiations, representations, warranties, arrangements and statements (if any)
whether expressed or implied, including any collateral agreement or warranty, with
reference to the subject matter or the intentions of either of the parties are merged
and otherwise are excluded and cancelled by these Terms and Conditions of Use.
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