PetCheck is an online system established and maintained by Luke Feldman Group Pty Ltd ABN: 76 152 977 592 and its related parties (LFG) [(at www.lukefeldman.com (including any linked sites and information owned by LFG)] (System) to enable licensed users to capture and analyse valuable customer insights in real time.
This agreement sets out the terms of a contract between you and LFG under which you may access and use the System provided you are a Participant. By visiting, registering for, or using, this System, you agree to be bound by and abide by this agreement (as amended from time to time).
This agreement is supplemented by the Order under which a licensee (Licensee) has purchased access to the System for the Licensee and its Participants. Unless specifically stated otherwise, in the event of an inconsistency between an Order, this agreement and any document incorporated by reference, then those documents will be interpreted in that order of precedence.
1.1 Defined Terms
In this agreement unless the contrary intention appears:
a. Business Day means a day other than a Saturday, a Sunday or a public holiday within the meaning of the Public Holidays Act 1993 (Vic);
b. Data means data owned or supplied by LFG including data generated, compiled, arranged or developed on the System, other than Licensee Data;
c.Content means existing information within the System.
d. Confidential Information means the existence and contents of this agreement and in relation to a party making disclosure (Discloser), all information (including Data and any personal information) disclosed, communicated or delivered by the Discloser to the person to whom the disclosure is made (Recipient) or learnt or accessed by the Recipient from the Discloser, but excludes any such information which the Recipient can establish:
i. is or becomes generally available in the public domain otherwise than through a breach of confidence owed to the Discloser;
ii. was developed by the Recipient independently of the disclosure, communication or access from the Discloser; or
iii. was disclosed or communicated to or accessed by the Recipient from a third party under no obligation of confidence in relation to that information;
e. Corporations Act means the Corporations Act 2001 (Cth);
f. Documentation means any operating manuals, user guides and any other documentation associated with the System which LFG supplies to you including help files contained in the System, and information published on the System;
g. GST Law has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
h. Insolvency Event means, for a person, being:
i. in liquidation or provisional liquidation or under administration, having a controller or analogous person appointed to it or any of its property,
ii. being taken to have failed to comply with a statutory demand, be unable to pay its debts or otherwise insolvent;
iii. dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing its own affairs;
iv. subject to any action that could result in the person becoming an insolvent under administration;
v. entering into a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors; or
vi.any analogous event;
i. Intellectual Property Rights means all present and future rights conferred by statute, common law, equity or any corresponding law including without limitation in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, Confidential Information and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights, such as Moral Rights;
j. Licensee Data means any data supplied or submitted by a Participant;
k. Moral Right means a right of attribution of authorship, a right not to have authorship falsely attributed, a right of integrity of authorship or a right of a similar nature, conferred by statute or otherwise, and which exists or comes to exist anywhere in the world;
l. Order means the Order agreed by the Licensee and LFG under which you are granted access to the System (and in relation to any Further Term, or any increase to any usage limitations under clause 8, any invoice for that Further Term or increase);
m. Participant means the Licensee and each user authorised under the Order.
n. Term means the Initial Term and any Further Term as defined in clause 2; and
o. Unexpected Event means an event or cause beyond the reasonable control of the party claiming an unexpected event. It includes each of the following, to the extent it is beyond the reasonable control of that party act of God, lightning, storm, flood, fire, earthquake or explosion, cyclone, tidal wave, landslide, strike, lockout or other labour difficulty, interruptions or unavailability of internet connection or telecommunications services, act of public enemy, war (declared or undeclared), terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, the effect of any applicable laws, orders, rules or regulations of any government or other competent authority, embargo, power or water shortage, lack of transportation and breakage or accident or other damage to machinery. In the case of LFG, interruptions to any hosting services provided by a third party are unexpected events.
1.2 Interpretation
In this agreement, unless stated otherwise, an agreement, representation, covenant or warranty in favour of, or given by, two (2) or more persons is in favour of, or given by, them jointly and severally.
2. Term
The initial term of this agreement is specified in the Order (Initial Term). Unless the Licensee gives notice to LFG at least 30 days prior to the end of the Initial Term (or any Further Term) that it does not wish this agreement to continue, this agreement shall be extended for a further term of 12 months (Further Term). The Term will end early if this agreement is terminated in accordance with these terms.
3. Grant of Licence
Subject to payment of all fees by the Licensee and provided you are a Participant, LFG grants to you a licence to use the System for the Term (the Licence) for the limited purpose of using the System as set out in the Order.
4. Provision of System
LFG will:
a. provide you with access to the System for the Term [(including the provision of unique usernames and passwords for each user, or the capability for the Licensee to do so in relation to its Participants)]; and
b.ensure that the System performs substantially in accordance with the Documentation (including and service level specified in the Documentation).
LFG may subcontract delivery of its obligations under this agreement but remains responsible for any act or omission of any of its subcontractors subject to clause 18.
5.Documentation
LFG will provide you with access to complete and up to date copies of the Documentation during the Term. You must not, without LFG's prior written consent make any alteration to the Documentation or provide any Documentation to a person that is not a Participant. You may make such copies of the Documentation as are necessary for your use of the System in accordance with this agreement.
6. Maintenance and Support
LFG will apply patches, updates and new releases to the System. Unless LFG has agreed otherwise with the Licensee, LFG will only run one current instance of the System. If LFG has agreed to run a dedicated instance of the System for the Licensee, LFG will supply maintenance and support to you in relation to the then current release of the System and the two previous releases of the System.
So long as you are a Participant, you are entitled to access LFG’s support services as set out in the Documentation. LFG will use best endeavours to provide support in accordance with the Documentation (including to meet any response and resolution times or any other Service Levels relating to support).
Despite the above, LFG is not required to make a new release that is a substantial revision of the System or any additional functionality available to Participants and may require the payment of additional fees before doing so.
7. Disaster Recovery
While LFG will use reasonable endeavours to develop and implement appropriate disaster recovery processes and procedures (including any specified in the Documentation), LFG cannot guarantee that it will be able to recover from any disaster within a particular time or that it will be able to restore the Data. You are responsible for implementing appropriate disaster recovery processes and procedures to avoid or mitigate the consequences on you as a result of a disaster or business interruption.
8. Fees
The Licensee must pay LFG the licence fees annually in advance, and any additional fees, without deduction within 30 days of receipt of an invoice.
In the event that the Licensee requests and increase in any usage limits for the balance of the then current term (or LFG detects that any usage limits have been exceeded), LFG will issue an invoice to the Licensee for the additional usage. The licence fees applicable to any increased usage will be set out in the Order or, if the fees are not set out in the Order, LFG’s then current fees for the licences.
Unless otherwise agreed the licence fees are fixed for the Initial Term of this agreement and will then be LFG’s then current licence fee for the System for any Further Term. LFG agrees to provide the Licensee with notice of the licence fees applicable to any Further Term by 50 days prior to the expiry of the then current term (If LFG fails to do so, the licence fee for the Further Term will be the same as the licence fee for the then current term increased by an amount reasonably determined by LFG to reflect any changes in the Consumer Price Index (Weighted Average Eight Capital Cities) during that term.
If the Licensee disputes the whole, or any part of, an invoice, the Licensee will pay the undisputed portion on the due date. The dispute regarding the remainder may be referred for resolution by way of the dispute resolution procedure prescribed by this agreement. If it is subsequently resolved that the remainder is payable, the Licensee will pay that amount together with interest at the rate of 10% per annum calculated from the due date until the payment is made (capitalising monthly).
Without limiting any other rights it may have, LFG may suspend or limit access of any Participant to the System until the Licensee has paid any fees due.
9. GST
Words and phrases defined in the GST Law have the same meaning in this clause. If GST is payable on a Taxable Supply made in connection with this agreement, the party providing the Consideration for that Taxable Supply must also pay the GST Amount as additional Consideration. This clause does not apply to the extent that the Consideration for the Taxable Supply is expressly agreed to be GST inclusive. No payment of any amount pursuant to this agreement is required until the supplier has provided a Tax Invoice or Adjustment Note as the case may be to the recipient. Any reference in the calculation of Consideration or of any indemnity, reimbursement or similar amount to a cost, expense or other liability incurred by a party, must exclude the amount of any Input Tax Credit entitlement of that party in relation to the relevant cost, expense or other liability.
10. Your Obligations
You must:
a. only use the System for the purpose for which it is intended, in accordance with the Documentation and any reasonable directions from LFG;
b. not use the System for any activity which is illegal, obscene, indecent, offensive or defamatory;
c. not upload:
i. any content that is false, inaccurate or misleading
ii. any content that personally identifies another person, is threatening, is defamatory, is inappropriate or for the purpose of promoting any products or services on any social media pages of the System;
iii. download, modify, copy, reproduce, republish, store, frame, upload, post, transmit, sell, lease, rent, sub-licence or disclose or distribute any part of the System (or any content on it) in any way, except as otherwise expressly permitted under this agreement;
iv. tamper with any copyright notice, trade mark or logo;
v. re-engineer, create derive works from, reverse engineer, disassemble, or decompile any part of the System;
vi. not tamper with, knowingly hinder the operation of, or make unauthorised modifications to the System;
vii. refrain from introducing any virus to or from the System;
viii. refrain from changing any administration settings on any part of the System;
ix. refrain from damaging or modifying any equipment provided by LFG;
x. refrain from using any part of the System to send commercial electronic messages in breach of the Spam Act 2003 (Cth);
xi. keep all passwords, account names, tokens or log in identifications required to access the System secure and confidential;
xii. refrain from uploading onto the System any material, or use the System in any way which infringes the Intellectual Property Rights of any person or is unlawful or violates any law; and
xiii. provide LFG with access to your equipment, facilities, systems, documentation, premises or personnel as LFG may reasonably require to enable perform its obligations to you and audit your compliance with your obligations to LFG
You agree to indemnify and hold harmless LFG and its related parties (as defined under the Corporations Act) and their officers, employees and subcontractors from any additional costs, expenses or claims to the extent that they are caused, or contributed to, by a breach of this agreement by you.
11. anti-bribery and corruption
LFG will at all times comply with the Licensee’s Anti-Bribery and Anti-Corruption Principles available at www.zoetis.com.au.
12. compliance with all laws
LFG must obtain all necessary licences and comply with all applicable Commonwealth and State acts and regulations (including, without limitation, the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth))to carry out its obligations under this agreement.
13. Security
While LFG will use reasonable endeavours to develop and implement appropriate security processes and procedures (including any specified in the Documentation), you acknowledge and agree that the internet and systems of this nature are inherently vulnerable and acknowledge and agree:
a. LFG cannot guarantee the absolute security of System and communications to and from the System over the internet;
b. that you are responsible for taking reasonable security steps including without limitation keeping your login and password secure, not leaving any terminal with access to the System unattended and ensuring that you are using current virus protection and security software; and
c. you must notify LFG immediately if you become aware of any security breach in relation to the System.
14. Intellectual Property Rights
You acknowledge that all Intellectual Property Rights in the System are retained by LFG. You acknowledge that nothing in this agreement transfers or assigns to you any of LFG's Intellectual Property Rights and your right to use and access LFG’s Intellectual Property Rights are limited to the operation and the use of the System in accordance with this agreement. You agree that its usage of that Intellectual Property Rights and any goodwill established thereby shall inure to the exclusive benefit of LFG.
You agree that any development of the System (including any developments suggested or contributed to by you) are the property of LFG and you assign and present or future Intellectual Property Rights that you might have in relation to those developments to LFG and waive any Moral Rights that you may have in relation to those developments.
15. Data
LFG has taken reasonable steps to ensure the accuracy of the Data. For a period of 30 days after expiry of the Term, you (or a Participant on behalf of all Participants of a Licences) will have limited access to the System.
LFG may charge its standard hourly rates for any assistance you require to extract the Data (except where you have terminated this agreement due to a default by LFG) or if it is compelled by law to provide copies of the Data or evidence regarding your use of the System to a third party regarding any proceedings or investigations to which you are a party or subject to.
Unless specifically agreed otherwise, the Data will be hosted on LFG infrastructure and, while it will be logically separated in the manner contemplated by the Documentation, it will not be physically separated from the Data of 3rd parties.
16. CONTENT
LFG is the legal and beneficial owner of the content and represents and warrants that any veterinary content is written by a qualified veterinarian. LFG grants the non-exclusive, royalty-free licence during the Term to make available the content within the System. LFG may charge its standard non-exclusive, royalty-free licence rates for any use outside the System.
LFG is not liable for and will not compensate the Licensee and its Related Parties for any loss, cost, expense or damage that may result in connection with or arising out of any claim from the use of Content. Licensee is responsible for ensuring all relevant disclaimers are clearly accessible and visible to users.
The Licensee retains ownership of any Licensee Data. LFG must only use Licensee Data for the purposes authorised under this agreement and must delete and destroy all Licensee Data in its possession immediately on termination of this agreement.
17. Representations and Warranties
LFG represents and warrants that the System will perform substantially in accordance with the Documentation. LFG does not warrant any third party products and services, which may be incorporated in or used by the System. Except as set out above, the System is provided as is and you are responsible for ensuring that the System is suitable and meets your needs.
Except as otherwise expressly provided in this agreement, all other warranties, representations, promises, conditions or statements regarding the System (including without limitation the functionality or performance of the System), whether express or implied, and whether statutory or otherwise are to the full extent permitted by law expressly excluded.
18. Limitation of Liability
a. To the extent permitted by law, LFG disclaims all liability for, and you release LFG from any claims (including negligence) in connection with this agreement or the transactions contemplated by it:
i. regarding indirect, consequential or special losses, damages or penalties;
ii. in excess of the licence fees paid by the Licensee in the previous 12 months; and
iii. regarding any content submitted by other users of the System.
b. Without limiting paragraph (a), Performance Centre’s liability relating to any defective supply will be limited to, at the option of LFG, refunding the fees relating to the defective supply, rectifying any defects in the good or service or resupplying the defective good or service.
c. Unless otherwise agreed in an Order, the System will be provided using public cloud technology and third party software. Licensee and each Authorised User acknowledges the additional risks of using public cloud technologies and provided LFG has used reasonable endeavours to negotiate reasonable terms with any cloud service provider or third party software provider, LFG obligations under this agreement in relation to products, services, acts or omissions of those third parties are limited to the rights LFG (or the Licensee) has agreed with those third parties.
19. Unexpected Events
Non-performance by either party of its respective obligations under this agreement will be excused during the time and to the extent that performance is prevented, wholly or in part, by an Unexpected Event.
If an Unexpected Event affecting a party prevents that party ('Precluded Party') partially or wholly from complying with its obligations under this agreement then as soon as reasonably possible after the Unexpected Event arises, the Precluded Party:
a.must notify the other party of the Unexpected Event, specifying the cause and the extent to which it is unable to perform its obligations under this agreement and the likely duration of such non-performance;
b.take all reasonable steps to remedy or mitigate the effects of the Unexpected Event; and
c.keep the other party informed, both at reasonable intervals and upon request of the likely duration of the Unexpected Event, the action taken or proposed to be taken by the Precluded Party, the cessation of the Unexpected Event or the successful mitigation or minimisation of the effects of the Unexpected Event and any other matter the other party may reasonably request in respect of the Unexpected Event.
20. Dispute Resolution
If a dispute arises between LFG and you in relation to this agreement, either of the Parties may by notice to the other party specifying reasonable details of the dispute ("Dispute Notice"), refer the dispute for resolution in accordance with this clause. If a Dispute Notice is given under this clause, the parties must promptly meet and engage in good faith discussions with the bona fide objective of resolving the dispute by agreement. If after a period of 10 Business Days (or such other period as may be agreed) from the date on which a Dispute Notice is delivered to a party, the parties have not been able to resolve the dispute, either of them may then (but no earlier), by notice, escalate the dispute to a meeting of the senior executives of the Licensee and LFG. If after a period of 10 Business Days (or such other period as may be agreed) from the date on which such a meeting of senior executives took place, the party's delegates have not been able to resolve the dispute, either party may pursue any remedy available at law. Neither LFG nor you may commence legal proceedings (other than for urgent interlocutory relief) in relation to any dispute unless the dispute resolution procedures set out in this clause have been followed. Only the Licensee is entitled to manage any dispute or take any action against LFG on behalf of any Participant in connection with the System and this agreement.
21. Termination and Expiry
a. A Licensee may terminate this agreement:
i. immediately by written notice to LFG, if LFG materially breaches this agreement and fails to rectify that breach within 10 Business Days of receiving a written notice to rectify the breach;
ii immediately by written notice to LFG if LFG becomes subject to an Insolvency Event;
iii. immediately by written notice to LFG if the Licensee learns that LFG is making, or has made, improper payments to government officials; or
iv. on 30 days' written notice after the first Term to LFG for any reason.
b. LFG may terminate this agreement or suspend your access (or the access of any other Participant) by written notice to you if:
i. a Participant breaches a material obligation under this agreement and fails to rectify that breach within 10 Business Days of receiving a written notice from LFG;
ii. if the Licensee fails to pay any amount due to LFG under this agreement or in connection with any services relating to the System
iii. you or the Licensee is subject to an Insolvency Event;
iv. a Participant breaches clauses 10(b) to 10(f), 10(i) or 10(m).
c. On termination or expiry:
a. subject to your rights to access Data after the Term under clause 15, you must cease using the System and destroy or return all copies of the System, Documentation or LFG’s Confidential Information on your systems or under your control.
d. Any termination of this agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this agreement which is expressly or by implication intended to continue in force after such termination, including clauses 14, 17, 18, 20, 21, 22, 22 and 23.
22. Confidentiality
A party will not, without the prior written approval of the other party, disclose the other party's Confidential Information. A party will not be in breach of this clause in circumstances where it is legally compelled (but not by contract) to disclose the other party's Confidential Information.
Notwithstanding any other provision of this clause, a party may disclose the terms of this agreement (other than Confidential Information of a technical nature and Data) to its employees, related companies, solicitors, auditors, insurers and accountants providing that such parties give an undertaking to abide by the terms of confidentiality imposed on the parties by this agreement.
Each party acknowledges that damages alone are unlikely to be an adequate remedy in respect of any breach of that party's obligations under this clause. Accordingly, in addition to other remedies that may be available, a Discloser may seek urgent interlocutory relief to protect its rights and interest in its Confidential Information against any actual or potential breach of this clause by the Recipient, without proof of actual damages, in addition to any other remedy to which the Discloser would be entitled.
23. Privacy
LFG agrees to treat any personal information in accordance with its privacy policy available at www.lukefeldman.com/privacy. You consent to the collection, storage and use of any of your personal information by LFG in accordance with its privacy policy.
LFG must comply with the Licensee's privacy policy in relation to any Licensee Data.
24. Notices
A notice required or permitted to be given by one party to another under this agreement must be in writing and is treated as being duly given if it is delivered or sent by pre-paid mail to that other party's address as specified in this agreement or notified in writing from time to time. Any notice to you is effective if given to the Licensee. A notice given to a party in accordance with clause is treated as having been received when delivered (in the case of it being left at that party's address) and on the third Business Day after posting (in the case of it being sent by pre-paid mail).
25. Miscellaneous
a. This agreement may only be varied in writing, signed by each party to this agreement.
b. A waiver of any right, power or remedy under this agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
c. This agreement constitutes the entire agreement between the Parties in relation to the matters dealt with. No party can otherwise rely on an earlier document or anything said or done by or on behalf of another party before this agreement was executed.
d. Any provision in this agreement which is invalid or unenforceable is to be read down, if possible, to such an extent as is reasonable in the circumstances so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity of the remainder of this agreement or the enforceability of that provision in any other jurisdiction.
e. Neither party may assign or transfer any of its rights or obligations under this agreement without the prior consent in writing of the other party (such consent not to be unreasonably withheld or delayed). However, LFG may assign its rights and obligations under this agreement to a purchase of substantially all of its business relating to the System.
f. This agreement is governed by the law in force in the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of the State of Victoria and any Courts, which may hear appeals from those courts.
g. This agreement shall be binding on the executors, administrators, successors, substitutes and permitted assigns of each of the Parties.
h. Where a term of this agreement has the effect of requiring anything be done on or by a day which is not a Business Day, it must be interpreted as if it required it to be done on or by the next Business Day
i. A provision or any part of a provision in this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this agreement and/or the inclusion of the provision or part of the provision.
j.Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this agreement and any transactions contemplated by it.
k. Where this agreement contemplates that a party may agree or consent to something (however it is described), that party may agree or consent, or not agree or consent, in its absolute discretion and agree or consent subject to conditions, unless this agreement expressly contemplates otherwise.
By accessing or otherwise using this website (Website), you agree to be bound by these Terms and Conditions of Use. This Website is owned and operated by LFG Corporation Limited ACN 006 708 765 (LFG). You acknowledge that LFG provides access to the Website to you subject to these Terms and Conditions of Use.
Content
1 You understand and agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Content) comprises the intellectual property of LFG or any relevant third parties from whom LFG may license that Content.
2 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by LFG or by the owners of that Content, in a separate agreement.
Intellectual Property
3 Unless otherwise indicated, all intellectual property in the Website is owned or licensed by LFG. Subject to these Terms and Conditions of Use, LFG grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.
4 You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe LFG's intellectual property or other rights.
5 Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of LFG. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of LFG. Any unauthorised uses of the Marks are strictly prohibited.
Disclaimer and Limitation of Liability
6 You agree that LFG is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Website.
7 Except as provided by law, the Website is provided "as is" and without any warranty or condition, express or implied in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). LFG makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than LFG which are or may become linked or framed to or from the Website.
8 LFG does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. LFG does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of LFG's control. LFG does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
9 LFG expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at LFG's sole discretion):
9.1 in the case of goods, any one or more of the following:
9.1.1 the replacement of the goods or supply of equivalent goods;
9.1.2 the repair of the goods;
9.1.3 the payment of the costs of replacing the goods or of acquiring equivalent goods; or
9.1.4 the payment of the costs of having the goods repaired; and
9.2 in the case of services:
9.2.1 the supply of the services again; or
9.2.2 the payment of the cost of having the services supplied again.
Use of Information
10 If you upload or otherwise provide any information or content (Content) in the course of accessing or using the Website, you agree that such Content will be available to LFG to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
10.1 is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
10.2 infringes the intellectual or other proprietary interests of third parties;
10.3 impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services LFG considers to be inappropriate;
10.4 contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
10.5 violates any law, statute or regulation;
10.6 forges information to disguise the origin of any Content; and
10.7 encourages or incites any other person to engage in any of the above behaviour.
11 You agree to grant LFG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in LFG's favour.
Privacy
12 You agree to comply with LFG's privacy policy, guidelines and statements as may be applicable from time to time. LFG's Privacy Statement can be accessed on the Website.
Terminating your relationship with the Company
13 If you breach any provision of these Terms and Conditions of Use, LFG may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
Links
14 You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of LFG.
Alteration
15 LFG may alter any of the content on the Website at any time.
Amendment of Terms and Conditions of Use
16 LFG is entitled, at its sole discretion, to amend, add or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
17 These Terms and Conditions of Use are governed by the laws of the State of Victoria, Australia. LFG has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available only to people in Australia who can form legally binding contracts under applicable law.
Commission and Fees
18 In certain cases, LFG may have a relationship with a third party whose website is linked to this Website. That third party may pay LFG either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.
Protecting your privacy
LFG is committed to protecting your privacy. In accordance with the Privacy Act 1988 (Cth), this policy outlines how we manage privacy protection of your personal information. For the purposes of this policy, LFG includes Luke Feldman Group Pty Ltd and any other subsidiaries or associates of LFG.
What personal information do we collect and why do we need it?
To enable us to fulfil our responsibilities in running our operations, we sometimes need to collect contact information and other personal information from customers, shareholders, suppliers and other persons who deal with us. The kinds of personal information that we collect and hold about you, and the purposes for which we may use your information, will depend on the circumstances of collection. For example, we use customer information to provide products and services, and for payment and credit control. We use supplier information to initiate and facilitate transactions and reconcile accounts. We use shareholder information to administer our share register and comply with our legal obligations.
We may use your contact information to send you details of other products and services that may be of interest to you. At any time, please let us know if you no longer wish to receive this additional marketing material (using the opt out process described in the material or the contact details at the bottom of this policy), and your details will be removed from the marketing database.
If we do not collect the personal information, we may not be able to provide you with the services or assistance you have requested or do business with you or the organisation with which you are connected.
We also collect certain technical information each time a person visits our website. Unless we suspect misuse of the website or illegal activity, this information is kept in a de-identified form and is not traceable to any individual.
We may use your information for other purposes required or authorised by or under law, including purposes for which you have provided your consent. That consent may be written, verbal or implied from your conduct.
How do we collect the personal information?
We collect the information in person, in writing, by telephone, through our website and by other electronic communication channels. We collect this information through our staff and through our contracted agents.
Wherever reasonable and practicable, we will ask you for the information directly. However, we may need to collect information from others such as employers, business associates, bankers, credit reference agencies and referees. We will take reasonable steps to notify you if this is the case.
If you provide us with personal information about another person, please make sure that you tell them about this privacy policy.
Who will see or have access to your personal information?
Unless we are required to provide your personal information to others by law, by court order or to investigate suspected fraud or other unlawful activity, your information will generally only be seen or used by persons working in or for LFG. These people will include our staff and contracted agents and service providers engaged to help us carry out our operations. Some personal information may be stored and processed by service providers on servers located in countries outside Australia. Where this occurs, we will take reasonable steps to protect your information.
We may also disclose your personal information to third parties for purposes authorised by or under law, including purposes for which you have provided your consent. That consent may be written, verbal or implied from your conduct.
How do we hold your personal information?
We may store your information in hardcopy and/or in electronic form. Our information systems and files are kept secured from unauthorised access and our staff and contracted agents and service providers have been informed of the importance we place on protecting your privacy and their role in helping us to do so. We take reasonable steps to protect the personal information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure.
Collection of information via our website
We do not collect personal information via our website. Like most companies, our website does use "cookie" technology. When you visit our website a small packet of files, known as cookies, are written to your hard drive. We may then use these files to log information about the use of our website. The type of information logged may include the type of browser and operating system used, the date and time of the visit and any documents downloaded. Cookies cannot read information from your hard drive. Although cookies do not personally identify website users, they do identify a user's Internet Service Provider (ISP). You can configure your browser to reject cookies, or notify you when a cookie is sent. Please refer to your browser instructions to learn more about those functions.
What if you want to check or correct the personal information we hold about you?
Subject to some exceptions permitted by law, we will provide you with access to the personal information we hold about you if you request this in writing. If your request is particularly complex or requires detailed searching of our records, there may be a cost to you in order for us to provide this information.
If you believe there are errors in our records about you, please let us know and we will investigate and take reasonable steps to correct any inaccuracies.
To request access or seek correction of your personal information, please contact us using the contact details below.
Further information and complaints
If you would like further information on our privacy policy, or if you have any concerns over the protection of the information you have given to us or that we have collected from others, please contact our Privacy Officer:
Address: Privacy Officer, Luke Feldman Group
Email: info@lukefeldman.com
We will inquire into any complaint and respond to you in writing. If you are not satisfied with our response, you can contact us to discuss your concerns or lodge a complaint with the Australian Information Commissioner (www.oaic.gov.au).