INTRODUCTION
a. These terms of use govern your use of our website LoveFit; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
b. You must be at least [18] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age.
c. Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.
LICENSE TO USE WEBSITE
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You may not:
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- Edit or otherwise modify any material on the website;
- Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter);
- We reserve the right to refuse service to anyone for any reason at any time.
ACCEPTABLE USE
a. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
b. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
c. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
d. You must not use our website to transmit or send unsolicited commercial communications.
e. You must not use our website for any purposes related to marketing without our express written consent.
RESTRICTED ACCESS
a. Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. (We obviously would only do that if we have reason to believe that you visit with malicious intent).
b. You must notify us in writing immediately if you become aware of any unauthorized use of your account or email.
c. You are responsible for any activity on our website arising out of any failure to keep your information confidential and may be held liable for any losses arising out of such a failure.
d. You must not use any other person’s user ID to access our website unless you have that person’s express permission to do so.
e. We may disable your user ID at any time in our sole discretion with or without notice or explanation. (We obviously would only do that if we have reason to believe that you visit with malicious intent).
USER CONTENT
a. In these terms of use, “your content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
b. You are responsible for all activity and content (data, graphics, photos, and links) that is uploaded to your account.
c. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
d. You retain ownership of all content that you submit to our website, however by making your site public, you agree to allow others to view your content.
e. You warrant and represent that your content will comply with these terms of use.
f. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
g. You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
h. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published on our website.
i. Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
j. We do not warrant that the results that may be obtained from the use of this service will be uninterrupted, timely, secure or error-free, but we commit to doing the best we can to give you the best service possible.
LIMITED WARRANTIES
a. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
b. To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
a. Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law
b. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
c. To the extent that the website and the information and services on the website are provided, we will not be liable for any loss or damage of any nature.
d. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
e. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
f. We will not be liable to you in respect of any loss or corruption of any data, database or software.
g. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
CANCELLATION AND TERMINATION
a. You may cancel your account at any time by going to your account settings and deleting your account.
b. Once your account is canceled all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
c. We reserve the right to modify or terminate the service we provide for any reason, without notice at any time. (We obviously would only do that if we have reason to believe that you use our site with malicious intent)
d. Fraud: Without limiting any other remedies, we may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
INDEMNIFY
a. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
BREACHES OF THESE TERMS OF USE
a. Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
a. We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.
ASSIGNMENT
a. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
b. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
SEVERABILITY
a. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
EXCLUSION OF THIRD PARTY RIGHTS
a. These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
ENTIRE AGREEMENT
a. Subject to the first paragraph, these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.
LAW AND JURISDICTION
a. These terms of use will be governed by and construed in accordance with Australian law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of Australia.
This terms and conditions were created and last updated on the 7th of December 2017.