TERMS & CONDITIONS
1.1 This website (Site) is operated by LUXISSIMA PTY LTD – ACN 13666102978 (we, us or our). These terms and conditions (Terms) are entered into between us and you, together the Parties and each a Party.
1.2 In these Terms, you means the person or entity placing an order through the Site.
2. Use of the Site
2.1 You accept these Terms by placing an order via the Site.
2.2 You must not use the Site and/or place an order through the Site unless you are at least 18 years old.
2.3 When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- (a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- (b) using the Site to defame, harass, threaten, menace or offend any person, including using the Site to send unsolicited electronic messages;
- (c) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
- (d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- (e) facilitating or assisting a third party to do any of the above acts.
3. Our Intellectual Property
3.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available in the community (Our Intellectual Property) will at all times vest, or remain vested, in us.
3.2 We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
3.3 You must not, without our prior written consent:
- (a) copy, in whole or in part, any of Our Intellectual Property;
- (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- (c) breach any intellectual property rights connected with the Site or any associated platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
3.4 This clause will survive the termination or expiry of these Terms.
4. Your Content
4.1 As applicable, you may have access to our forum on a third party platform, such as Circle, or our Site (Platform) through which you can communicate and ask questions to our mentors and other Participants. You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as comments, questions, pictures, testimonials and videos on the forum (Your Content). You must Submit Your Content in accordance with these Terms.
4.2 We ask you to limit your discussions to topics which are relevant to the community. We have the right but not the obligation to appoint moderators of our forum from time to time to ensure that all voices are heard and no inappropriate thread or topic is discussed on the forum.
4.3 We reserve the right to remove any of Your Content which we, in our sole discretion, deem to be in breach of these Terms or otherwise inappropriate including Your Content that:
- (a) defames, harasses, threaten, stalks, menaces, tracks, monitors, mistreats, offends or otherwise hurts any person;
- (b) uses obscene or foul language;
- (c) includes link(s) to inappropriate, offensive or illegal material on the forum;
- (d) could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and
- (e) interferes with another Participant.
4.4 We are not responsible for the conduct of any Participant of our community/site.. You agree and acknowledge that you participate on the forum including by Submitting Your Content at your own risk.
4.5 By making available any of Your Content on or through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use Your Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit Your Content on, through or by means of our Platform.
4.6 You agree that you are solely responsible for all of Your Content that you make available to us. You represent and warrant that:
- (a) you are either the sole and exclusive owner of Your Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in Your Content (as contemplated by these Terms); and
- (b) neither Your Content nor the posting, uploading, publication, submission or transmission of Your Content or our use of Your Content on, through or by means of our community/platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.7 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the community/platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
4.8 This clause will survive the termination or expiry of these Terms.
5.1 You represent, warrant and agree that:
- (a) you will not use our Platform/community, including Our Intellectual Property, in any way that competes with our business;
- (b) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
- (c) you have not relied on any representations or warranties made by us in relation to future earnings, business profit, marketing performance, audience growth of any kind, unless expressly stipulated in these Terms.
6. Australian Consumer Law
6.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the community/platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
6.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for a community/platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
6.3 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including any platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
6.4 This clause will survive the termination or expiry of these Terms.
7.1 Despite anything to the contrary, to the maximum extent permitted by law:
- (a) you agree to indemnify us for any Liability we incur due to your breach of the Intellectual Property clause of these Terms;
- (b) neither Party will be liable for Consequential Loss;
- (c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
7.2 This clause will survive the termination or expiry of these Terms.
8. Confidential Information
8.1 Subject to clause 13.2, you must:
- (a) keep confidential; and
- (b) not use or permit any unauthorised use of, all Confidential Information.
8.2 Clause 13.1 does not apply where:
- (a) the disclosure is required by law; or
- (b) the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Terms and provided that you ensure the adviser complies with the terms of clause 13.1.
8.3 To the maximum extent permitted by law, you indemnify, and continue to indemnify, us against all Liability we suffer or incur arising from or as a consequence of a breach of this clause 13.
8.4 This clause will survive the termination or expiry of these Terms.
9.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
9.2 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
9.3 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
9.4 Governing law and disputes: These Terms are governed by the laws of Queensland. If any dispute or claim (including any question regarding its existence, validity or termination) arises out of or in connection with these Terms (Dispute), either Party may issue a notice to the other Party outlining the dispute or claim (Notice of Dispute). Within 14 days of a Notice of Dispute, senior representatives of the Parties must meet in good faith to resolve the Dispute by negotiation or such other means as they mutually agree. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may:
- (a) where you are incorporated, or as an individual or other entity habitually located, in Australia, refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts; or
- (b) where you are habitually located, outside Australia, the Dispute is to be resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules. The seat of arbitration shall be Sydney, New South Wales. The number of arbitrators shall be one. The costs of the arbitration will be shared equally between the Parties and the determination of the arbitrator will be final and binding.
9.5 Photographs: We may film or photograph our events. You agree that you may be filmed or photographed by us or our representatives when participating in an event. You agree we may use your image and/or voice in any photographs or videos we take for promotional purposes and no remuneration will be payable to you for such use.
9.6 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
9.7 Publicity: You agree that we may advertise or publicise the fact that you are a user of our community, including on our website or in our promotional material.
9.8 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
9.9 Third party sites: The Site (including any community/platfrom) may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site (including any Program), such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (including any Program) (Affiliate Link) or for featuring certain products or services on the Site (including any Program). We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site (including any Program), or which (if any) third party links are Affiliate Links.
10.1 Intellectual Property means copyright, registered or unregistered designs, patents or trademarks, any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.10.2 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.