TERMS AND CONDITIONS

1.           General

  • lovemeloveyou.org.au is a site operated by Love Me Love You Australia Limited (ACN 161 961 495) (we, us or our).
  • This page, and the documents referred to in it, govern the terms of use under which you may make use of our products, services and website at lovemeloveyou.org.au (Site), or attendance at our events.
  • The term you refers to the person or organisation accessing, using or relying upon the Site or attending our events.
  • By accessing or using the Site, you indicate that you have read, understood and accept these terms and conditions (Terms) and our privacy policy, and that you agree to abide by them.
  • Please contact us by email at [email protected] if you have any questions about these Terms, the use of the Site or attendance at our events.
  • If you do not agree to these Terms, you should not access or use the Site and the products and services offered on or via the Site or attend our events.

2.           Accessing the Site

  • We are not liable if the Site is unavailable (wholly or partly) for any reason at any time.
  • Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the products, services and content we provide on the Site without notice.
  • We may restrict access to some parts of the Site from time to time.
  • You are responsible for ensuring that all persons who access the Site through your internet connection or mobile telephone, or otherwise, are aware of these Terms, and that they comply with them.
  • When accessing and using the Site, you must not:
    • attempt to undermine the security or integrity of our computing systems or networks or the computing systems or networks where the Site is hosted;
    • use or misuse the Site in any way which may impair the functionality of the Site or the ability of any other user to use the Site;
    • transmit or input into the Site any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in breach of any law; or
    • attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Site.

3.           Personal information

  • We process all personal information you provide in accordance with our privacy policy.
  • By using the Site or otherwise attending our events and providing personal information to us, you consent to such processing and warrant that all information provided is true and accurate.

4.           Donations and fundraising

  • You may make a donation to us or create a fundraising page via the Site and our preferred platforms (as linked from the Site).
  • Donations cannot be cancelled or modified after being submitted.

5.           Intellectual property

  • The following aspects of the Site and our social media pages are protected by copyright, trade mark and other intellectual property laws: information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features (together, IP Content).
  • We are the owner or licensee of all intellectual property rights in the Site and IP Content.
  • You may print off copies, and download extracts, of any page from the Site for your personal reference and draw the attention of others to material posted on the Site.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text.
  • You must not use, copy, modify or reproduce the materials or code on the Site or our social media pages for commercial purposes without obtaining our prior written consent.
  • If you breach this clause 5:
    • we may suspend or terminate your access to the Site and our social media pages; and
    • you must, at our discretion, return or destroy all copies of the materials you have made.

6.           Third Party Sites

  • The Site may link to third party sites, including other websites, services, products or resources on the Internet, and other third party sites may contain links to the Site (Third Party Sites). These links are provided for your information and convenience only.
  • These Third Party Sites are not under our control and are not maintained by us.
  • We are not responsible for the content of those Third Party Sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  • We do not endorse any of those Third Party Sites, their owners, operators or content.
  • You use those Third Party Sites at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites.

7.           Site changes

  • We may update the Site at any time.
  • If the need arises, we may suspend or cease access to the Site, our social media pages or any Third Party Sites.
  • Any of the content or information provided on or via the Site, our social media pages, or any Third Party Site may be out of date and we are not obliged to update it, except as required by law.

8.           Liability

  • The Site, IP Content, and Third Party Sites are provided ’as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.
  • All statements and other information posted by users on the Site belong to the relevant author and not to us.
  • It is your sole responsibility to determine that the Site meets your personal needs and is suitable for the purposes for which it is used.
  • To the extent permitted by law, we, our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us, exclude:
    • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
    • all special, indirect or consequential loss or damage you or any third person may suffer (including loss of income, profits, use, privacy, goodwill or opportunity, or loss or corruption of data), in connection with the Site (including the use or inability to use the Site), our products or services, events, fundraising activity, our social medial pages, the IP Content, and Third Party Sites.
  • The laws in Australia provide for certain warranties and conditions on the supply of goods and services which cannot be excluded, restricted or modified.
  • To the extent permitted by law, our liability for goods and services supplied through the Site is limited to the following:
    • for products, the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products; and
    • for services, the re-supply of the services or the payment of the cost of having the services supplied again.
  • You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities and costs (including legal costs) arising from, or in connection with:
    • the use of the Site, our products or services, our social media pages or any Third Party Sites;
    • a breach of these Terms; or
    • an infringement of any third party rights including privacy rights and intellectual property rights.

9.           Pricing and orders

  • Prices on the Site are shown in Australian Dollars (AUD) and are inclusive of GST.
  • Prices are subject to change effective immediately upon posting to the Site.
  • Once you place an order, you will receive an order confirmation email.
  • We reserve the right to not accept your order if we are unable to verify your payment details, the product or service becomes out of stock or unavailable or for any other reason.
  • You must use our products and services for the purposes for which they are intended. If you use the products or services for any other purpose, you will be responsible for any loss or damage arising from the use.
  • Orders cannot be cancelled or modified after being placed.

10.        Disclaimer

The Site is not intended to substitute professional medical or health advice. You should seek professional medical or health advice before relying on any information on the Site. You should also not disregard, or delay seeking, professional medical or health advice due to the information on the Site.  

11.        Viruses and hacking

  • You must not misuse the Site by knowingly introducing viruses, trojans or other material, which is malicious or technologically harmful.
  • You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
  • We will not be liable for any loss or damage caused by a virus, system failure or other material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site, or your downloading of any material or content posted on it or any Third Party Site.

12.        Suspension and termination

  • We may, at our sole discretion and without notice, terminate or suspend your access to:
    • your Account;
    • the Site, our social media pages, or any Third Party Sites; or
    • any products and services offered on or via the Site, our social media pages, or any Third Party Sites.
  • Cause for suspension or termination includes:
    • a breach of these Terms, our privacy policy, and any other agreements entered into between the parties;
    • requests by law enforcement or other government agencies;
    • discontinuance of the Site or any Third Party Sites; or
    • unexpected technical or security issues or problems.
  • You agree that we are not liable to you or any third party for a suspension or termination.

13.        Uncontrollable events

We are not responsible for any delay, suspension or failure to provide the Site (or Third Party Sites) arising out of any acts, events, omissions, accidents or circumstances outside of our reasonable control, including strikes, lock-outs or other industrial disputes, failure or breakdown of plant, machinery, software, hardware or communication network, act of God, natural disasters, computer hacking, internet interruption or virus, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, explosion, flood, storm, default of hosting or data centre providers or other suppliers or sub-contractors and an act or omission of a third party.

14.        No waiver

No waiver of a right or remedy under these Terms is effective unless it is expressly stated by us to be a waiver and communicated to you in writing.

15.        Severability

Any part of these Terms that is determined by a court to be invalid, unlawful or unenforceable will be severed and the remaining terms will be unaffected.

16.        Entire agreement

These Terms, our Privacy Policy, and any documents referred to in them, constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, understandings and agreements between them relating to the subject matter.

17.        Variation

  • We may change these Terms from time to time at our sole discretion.
  • The changes will be effective immediately upon posting to the Site, unless expressed otherwise.
  • It is your responsibility to regularly check these Terms for any changes. If you do not agree with any changes to these Terms, it is your sole responsibility to stop accessing and using the Site. Your continued use of the Site will be deemed as your acceptance of any changes.

18.        Governing law

These Terms are governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts of Victoria, Australia.

 

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