Terms of Use
These Terms of Use govern your access to and use of the Services and Website located at livinginbloom.com.au. By using the Services, you are agreeing to the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
- Services
- Access to the Services and this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
- Payment
- In consideration for the provision of the Services you must pay us the fees specified by us. We retain the right to vary our fees from time to time.
- All fees and charges will be payable by you either as a one-off payment or on a periodic basis, depending on the Services and payment option you have selected.
- We will send you an invoice or payment confirmation when you pay the fees to the email address specified by you.
- Intellectual property
- You acknowledge that we retain exclusive ownership and control of the intellectual property rights in all software and content (including photographic images) made available to you on or through this Website.
- You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Website any general suggestions, enhancement requests, recommendations or other feedback provided by you.
- You may store, print and display the content supplied solely for your own personal use.
- You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
- Limitation of liability and indemnity
- To the extent permitted by law we exclude all other terms, conditions, warranties and guarantees which might be implied into these Terms of Use.
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the is provided without any guarantees, conditions or warranties as to its accuracy.
- Terms, conditions and warranties implied by law which cannot be excluded, restricted or modified apply to these Terms of Use to the extent required by Law.
- Subject to clause 4.3, our total and aggregate liability for loss suffered or sustained by you in connection with the provision of the Services whether arising as a result of breach of contract, in tort (including negligence) under statute or common law and/or whether or not arising pursuant to an indemnity in these Terms of Use, will be limited to the fees paid by you (if any) for the Services.
- We are not liable to you (or any other person) for any indirect loss arising from a breach of these Terms of Use.
- You agree to indemnify, defend and hold us (and each of our officers, employees, contractors and agents) harmless against any loss incurred or arising in respect of the death or illness of, or personal injury to, any individual in connection with provision of the Services, except to the extent such loss arises from our negligence or wilful misconduct.
- Disclaimer
- While we take all due care in providing the Services, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.
- As the Services may be provided online over the internet, we are not responsible for any computer failures, problems or errors, connection speed, interruptions of service or any technical or mechanical malfunctions, or any other malfunctions, whether caused by computer, servers, telephone, cable or satellites, human error, programming, equipment or otherwise related to the attempted entry into and participation during the training session.
- Website Links
- The Website and the information we provide to you as part of the Services contains links to other websites, including the websites of third-party providers. These are provided for convenience only.
- We have no control over or responsibility for anything on those websites.
- Any link to another website (including that of a third-party provider) does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products and/or services which they provide, (including their services).
- We reserve the right to withdraw linking permission without notice.
- Variation
- We may amend these Terms of Use at any time.
- If you continue to enjoy the benefit of the Services and/or access the Website following any amendment to these Terms of Use, you will be taken to have agreed to comply with the Terms of Use as changed. If you do not agree with changes to the Terms of Use, you should immediately cease using or accessing the Website or enjoying the benefit of the Services.
- Complaints
- We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
- General
- These Terms of Use prevail in the event that anything in, or associated with, the provision of the Services is inconsistent with these Terms of Use.
- All or any part of these Terms and Conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
- Any failure by Company Name to enforce any provision of these Terms of Use shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
- These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Company Name and supersede any prior versions of these Terms of Use and all other communications whether oral or written, express or implied.
- Governing Law
- These Terms of Use and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
