Love a Break are currently looking for suppliers in all states, if you would like to be a Love a Break supplier email contactus@loveabreak.com.au

LOVE A BREAK Website Terms of Service

NOTE: These Terms of Service were created from a template downloaded from http://netlawman.com.authe copyright in which is owned Net Lawman Limited. A licence to use and modify the template was purchased by Love a Break, and these TOS were prepared by its legal advisers under its instructions in accordance with clause 8.1 of the Terms & Conditions posted on that website [accessed 11 January 2016].

These Terms of Service (TOS) are applicable to everyWebsite Visitor including any Customer who buys a Voucher for the supply of goods and services from a person or entity (Vendor) whom Love a Break represents, as the Vendor's agent. It is a strict condition of every Visitor's use of the Website that the Visitor consents to these Terms of Service.

These TOS form a contract between you and Love a Break, (“us”, “we”, etc.). By visiting or using our Website, and in particular by purchasing a Voucher from the Website, you agree to be bound by them.

If you buy a Voucher, the relevant Vendor may also impose additional terms and conditions that apply to you in receiving those goods and services. We are not responsible for the Vendor’s terms and conditions. Our relationship with the Vendor is that we are the Vendor’s agent for advertising and selling Vouchers, and collecting payments, and we keep a percentage of the Customer’s payment for a Voucher as our commission.

Love a Break is a registered business operating under the ABN 26591225659 at the address of PO BOX 388 Inglewood WA 6932.

Under 18 years? Sorry, but we can only sell Vouchers to people who are legally able to enter into a binding contract. Please ask someone over 18 to buy the Voucher on your behalf.

Please read these TOS carefully. If you don’t agree with all of the terms, please stop using the Website and please don’t use the services offered on our Website.

1. Definitions

“Content”

means the textual, visual or audio content that you encounter as part of your experience on our Website or Social Media. It may include, among other things: text, images, sounds, videos and animations. It includes any content Posted by you for use on our Website or Social Media.

“Customer”

means a Visitor who buys a Voucher.

“Goods and Services”

refers to the goods and services promised to be supplied by Vendors to the holders of Vouchers.

“Payment Services Provider"

refers to the entity which processes payments for Vouchers via payment portal set up on the Website.

"Post"

includes to display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on our Website or Social Media, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Social Media”

refers to any platform for the publicly viewable sharing of information between registered users, e.g. Facebook, Twitter, Pinterest, and Yelp!

“Vendor”

means a person or entity for which we offer Vouchers for sale on our Website.

“Visitor”

means any person who uses or visits the Website for any purpose, including for buying a Voucher. Note: a person who purchases a Voucher also becomes a “Customer”.

“Voucher”

refers to a voucher allowing the purchaser to claim the supply of specified Goods and Services from the relevant Vendor.

“Website”

means any website operated by us, and includes all web pages controlled by us. It also includes all HTML or CSS code, JavaScript routines or other metadata, design and functional elements, coding and routines embedded into or integrated with the components of the Website.

"you” “yours” etc.,

means you, the Visitor.

2. Your agreement with us

2.1.

Love a Break is not the provider of the Goods and Services. We are the agent of the Vendor in the sale of a Voucher to a Customer.In addition, we use a Payment Services Provider, which is an independent entity, to process the Customer’s payment for a Voucher.

2.2.

Love a Break’s Website operates as a marketplace. Visitors may review advertisements for Vouchers, which explain the Goods and Services represented by each Voucher, and can then select and pay for Voucher(s).

2.3.

We welcome any comment or complaint about a Vendor which you Post via our Website. We may act upon a complaint in our discretion.

2.4.

We are not responsible for supply of any Goods and Services, only for the supply of the relevant Voucher. We are not responsible for the quality of any Goods and Services

2.5.

If a Customer is entitled to cancel its purchase of a Voucher, and to receive a refund of the purchase price under clause 6, Love a Break will handle the cancellation and refund procedurebefore a booking is made to receive the relevant Goods and Services from the Vendor.The Vendor is responsible for processing any cancellations and refunds after that booking has been made.

2.6.

Our interaction with a Visitor is limited to displaying advertisements and with a Customer is extended to selling the Customer one or more Vouchers and collecting the relevant payment(s) via our Payment Services Provider, and passing on that/those payment(s) to the Vendor less our commission.

2.7.

We are in no way responsible for:

2.7.1

a Visitor’s(including any Customer’s) selection of a Voucher by reference to the relevant Goods and Services;

2.7.2

any aspect of the provision of the Goods and Services;

2.7.3

refund of payments except as provided in clause 2.5 above; or

2.7.4

actioning any complaint about any Goods and Services.

2.8.

In you have a dispute with a Vendor, we request that you deal directly with the Vendor if the dispute concerns the quality or nature of the Goods and Services. However, if we have sold the relevant Voucher, we will endeavour to assist any Customer who is dissatisfied about its treatment by a Vendor. Please note that we are the Vendor’s agent only for the sale of the Voucher, not for the supply of the Goods and Services, and all information on the Website regarding any Goods and Services is supplied by the relevant Vendor. We may not have any detailed information about the relevant Goods and Services further to what is shown on the Website.

2.9.

We may change these TOS at any time. The version applicable to you is the version which was Posted on our Website at the time that you visited the Website and, if relevant, purchased a Voucher.

2.10.

All Visitors, by visiting our Website, agree to use the Website in a responsible manner, not to interfere with the Website or its amenity for any other users, and in particular not to Post any false or malicious information, or to upload any malicious programs or viruses, or to scrape the Website for any information, or to copy any part of the Website without our prior, express permission.

3. Customers’ accounts and personal information

3.1.

If you are a Customer you may be asked to create an account in order to use the Website to buy a Voucher. When you create an account, you accept responsibility for any action done by any person using your identity or user name and password. You must take all necessary and prudent steps to ensure that your log-in details are kept secret and secure, and you agree to inform us immediately if you have any reason to believe that the security of your log-in details has been compromised, or those details havebeen disclosed to another person, or are likely to be used in an unauthorised manner by any person.

3.2.

You agree that you must provide accurate, up to date, and complete information about yourself when opening your account. We are not responsible for any error made as a result of such information being inaccurate.

3.3.

You agree to notify us of any changes in your account information immediately when it occurs. If you do not do so, we may terminate your account.

4. The Voucher purchase process

4.1.

Unless the contrary is clear, you may assume that every Vendor provides the Goods and Services represented by its relevant Voucher in the course of that Vendor’s business.

4.2.

Prices listed on our Website by Providers are inclusive of any applicable GST.

4.3.

Vouchers may be offered for sale subject to any discount or promotion for the underlying Goods and Services arranged between Love a Break and the Provider. Such discounts or promotions will normally be temporary in nature, and we do not guarantee that any particular discount or promotion will continue to be available if you visit the Website at a later date

4.4.

The Vendor’s Goods and Services represented by a Voucher will be provided by the Vendor at the times and places specified in the relevant Website advertisement or as notified by the Vendor.

4.5.

We are not responsible for action by any governmental authority or any change to the law which prevents a Customer from redeeming a Voucher, or which limits or bans the provision of the relevant Goods and Services. We will use our best endeavours to advertise and sell only Vouchers for Goods and Services that can be lawfully provided by the Vendor to adults in the place where we believe the Vendor operates its business.

4.6.

Every Customer is required to pay for a Voucher in the currency in which the Voucher is listed for sale on our Website.

4.7.

Every Voucher sale will be subject to the laws which apply in the jurisdiction in which our business is based, namely the State of Western Australia, Australia.

4.8.

To make future use of our Website easier and faster for Customers, we retain the personal and delivery information they give to us,if an account is created with Love a Break. We do not retain information relating to Customers’ payments or credit cards. That financial information is handled by our Payment Services Provider and never comes into our control. When a Customer uses the payment portal on our Website, the Customer is redirected away from our Website to the website of the Payment Services Provider, which is not within our control. If a Customer has any concern about the security or privacy of that payment information, we urge the Customer to seek information from the Payment Services Provider before proceeding further with the payment.

4.9.

For more information about our collection, use and disclosure of personal information, please see our < Privacy Policy >.

5. Security of your information

We take care to make our Website safe for you to use.

5.1.

As explained in clause 4.8 above, credit card payments are not processed through webpages controlled by us. We use one or more online Payment Service Providers who we believe to be reliable and responsible entities. We understand that the Payment Service Provider will encrypt your card or bank account details in a secure environment.

5.2.

If you have asked us to remember any personal information in readiness for your next purchase or subscription, we will securely store your information in our computer system. That information will be fully encrypted and used only to process your future purchases or other transactions which you initiate. We will not sell your personal information to any third party. If you authorise us to do so, we can share your contact details with business associates who can offer you goods and services that complement the Goods and Services represented by any Voucher that you have purchased. Our promise to our Customers is that we will offer them only goods and services of the highest quality, which are consistent with the Love a Break Lifestyle.

6. The Love a BreakRefunds Policy

To give you the utmost confidence in the Love a Break buying experience, we follow the following policy (Refunds Policy), which applies subject to any applicable laws that require a different outcome:

6.1.

In this Refunds Policy, if you have purchased a Voucher from us, and have contacted the Vendor to arrange supply of the relevant Goods and Services from the Vendor (which the Vendor will notify to us), you will be described as having “made a booking”.

6.2.

On your request made within 30 days of the date of purchase of the Voucher, and before the expiry of the Voucher, we will refund to you the price you have paid for a Voucher where you have not yet made a booking and any of the following circumstances apply:

6.2.1

You were unable to make a booking because the Vendor ceased doing business, went bankrupt or into liquidation, of any similar reason.

6.2.2

There was a non-trivial mismatch between the description of the Goods and Services as stated on the Website and the Goods and Services actually being supplied by the Vendor, and you do not wish to receive a different Voucher in exchange.

6.3.

Where you change your mind after buying a Voucher but before making a booking, we will offer you an exchange for a different Voucher of equivalent or higher value. If you choose another Voucher of higher value, you will pay the difference in price.

6.4.

Requests for refunds or exchanges should be made by you by sending us an email to contactus@loveabreak.com.au with the word “URGENT” in the header

6.5.

If, after purchasing a Voucher from us you make a booking with the relevant Vendor, you are requested to first negotiate with the Vendor for a refund or exchange before contacting us, but in any event our refund and exchange obligations will be limited as follows:

6.5.1

If the relevant Goods and Services were unsatisfactory because of poor quality, or because there was a mismatch between the Goods and Services and the description on our Website, we can provide you with another Voucher of equivalent value for equivalent goods or services.

6.5.2

We can contact the Vendor on your behalf to request a refund by the Vendor or the supply of different goods or services of equivalent value

6.6.

You agree that the limitation on liability imposed by clause 6.4 is reasonable because we are the agent of the Vendor only for the advertisement and sale of the Voucher, and not for the supply of the underlying Goods or Services. You acknowledge that we have no control over how the Vendor operates its business.

6.7.

Where you are entitled to a refund payment under this Refunds Policy, we will make the payment to you within 15 days from the date we receive your refund claim notification via email, by crediting the debit or credit card with which the payment was made or the bank account from which the payment was made, unless another method for repayment is agreed.If you used a credit card, you must not have requested a charge-back from your credit card company in respect of your payment for the relevant Voucher.

6.8.

All information provided to us by you in connection with a refund claim notification must be truthful and accurate.

6.9.

You must provide a physical or postal address located in in Australia, in connection with a refund claim, unless we waive this requirement.

7. How we handle your Content

7.1.

Our< Privacy Policy>complies with Australian law to the best of our knowledge.

7.2.

If you Post Content to any public area of our Website or Post or provide Content for inclusion or republication in our Social Media, it becomes available for public viewing on the World Wide Web and/or via the relevant Social Media platforms. While we endeavour to monitor our Website and Social Media communications regularly, we may be unable to monitor the Website and Social Media at all times, and generally have no control over who visits the Website or accesses the Social Media and can see the contents of public areas of the Website or the Social Media.

7.3.

If you Post Content which is available only to Website Visitors who must register to view the Content , that Content should be regarded by you as being in the public domain because a person has only to register and log in, to be able to access it. You should therefore avoid unnecessarily Posting personal or confidential information.

7.4.

By Posting Content on the Website, or providing Content for publication or republication via our Social Media, you irrevocably grant us the right and licence to edit, delete, copy, publish, distribute, translate and otherwise use that Content, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

7.5.

We will use the licence granted in the preceding clause only for the normal commercial purposes of our business and Website and will stop using it after a commercially reasonable period of time.

7.6.

You agree to waive your right to be identified as the author of your Posted Content and your right to object to derogatory treatment of that material as provided in the Copyright Act 1968 (Cth).

7.7.

Posting your Content of any sort does not change your ownership of the copyright in it, but we will not protect your rights for you, and it is not a term of our licence to use that Content that we must do so.

7.8.

You understand and agree that you are personally responsible for your breach of someone else’s intellectual property rights, orthe defamation of any person, or the breach of any law which may occur as a result of the Postingor other publication of any Content provided by you on our Website or Social Media.

7.9.

You accept all risk and responsibility for determining whether the Posting of any Content provided by you constitutes the breach of your confidentiality obligations to any person.

7.10.

Please notify us of any security breach or unauthorised use of your account as soon as possible.

8. Restrictions on what you may Post to our Website and our Social Media accounts

8.1

We may invite you to Post Content or provide accounts in several ways and for different purposes. We have to regulate your use of our Website to protect our business and our staff, to protect other Visitors and to comply with the law. The following provisions apply to all Visitors including all Customers, and to both our Website and our Social Media.

8.2

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we will co-operate fully with any affected persons or the police or other relevant authorities to resolveany problems as soon as possible.

8.3

You agree that you will not use, or allow anyone else to use,our Website or Social Media to Post or publish Content or to undertake any other activity which is or may:

  • be unlawful, or tend to incite another person to commit a crime in any jurisdiction;
  • consist of audio, video or music files;
  • be obscene, offensive, threatening, violent, malicious or defamatory, in any manner, or racially vilify any person or group of persons, or denigrate their culture;
  • be sexually explicit or pornographic in nature, in particular in depicting minors all persons purporting to be minors in sexualised contexts;
  • be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person or entity or business;
  • be intended or designed to solicit responses unconnected with the purpose of our Website or the terms of these TOS;
  • request or collect passwords or other personal information from another person without permission, or Post any unnecessary personal information about yourself;
  • be used to sell any goods or services or for any commercial use not intended by us, either for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for their commercial use;
  • include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
  • facilitate the provision of unauthorised copies of another person's copyrighted work(s);
  • link to any material prohibited by this clause;
  • involve the creation or use of distribution lists that includes the personal details of people who have not given specific permission to be included in such lists; or
  • send age-inappropriate communications or Content to anyone under the age of 18.

9. Restricted Content that must not be Posted

In connection with the restrictions set out in clause 8 above and the additional restrictions set out in this clause below, we may refuse to allow a Posting to be uploaded, published or republished on the Website or our Social Media, or may edit or remove a Posting which does not comply with these TOS.

In addition to the restrictions set out above, a Posting must not contain:

9.1.

hyperlinks, other than those specifically authorised by us;

9.2.

keywords or words repeated, which are irrelevant to the Content Posted;

9.3.

the name, logo or trademark of any organisation other than yours; or

9.4.

any inaccurate, false, or misleading information.

10. Removal of offensive Content

10.1.

For the avoidance of doubt, this clause is addressed to every Visitor as well as to Customers, and applies both to the Website and our Social Media.

10.2.

We are unable to actively monitor in real time the activity of every Visitor to our Website or every person accessing our Social Media. However, our Website does passively track the entry, activity and exit of every Visitor to the Website, and or Social Media is also monitored to track usage, and can do these things without notice to you or any other person being given at the relevant time and without giving you or any other person a reason or seeking anyone’s permission.

10.3.

If you are offended by any Content published by another person (on Website or via Social Media), the following procedure applies:

10.3.1

your claim or complaint must be submitted by post or email;

10.3.2

we will remove the offending Content as soon as we are reasonably able, if we agree that it is inappropriate or offensive;

10.3.3

after we receive notice of a claim or complaint, we will investigate to the extent we deem appropriate, in our sole discretion; and

10.3.4

we may permanently remove or temporarily remove and re-instate the Content about which you have complained,as we consider appropriate.

10.4.

In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limitation.

10.5.

You now agree that if any complaint is made by youfalsely, frivolously or vexatiously, you will repay us the cost of our investigation including legal fees, if any.

11. Security of our Website and Social Media

11.1

If you violate our Website’s integrity or security or that of our Social Media platforms or accounts, we will take legal action against you.

11.2

You agree that you will not, and will not allow any other person to:

11.2.1

modify, copy, or cause damage to any portion of our Website or Social Media, or any software used within those things;

11.2.2

link to our Website in any way that would cause the appearance or presentation of the Website to be different from what would be seen by a Visitor who accessed the site by typing the URL into a standard browser;

11.2.3

download any part of our Website, without our express written consent;

11.2.4

collect or use any of our advertisements or other copy;

11.2.5

collect or use any information obtained from or about our Website or Social Media except as intended by these TOS;

11.2.6

aggregate, copy or duplicate in any manner any of the Content or information available from our Website or Social Media, other than as permitted by this agreement or as is reasonably necessary for your use of the Services; or

11.2.7

share with a third party any login credentials to our Website or Social Media platforms or accounts.

11.3

Despite the above terms, we now grant a licence to you to create a hyperlink to our Website or any website displaying our Social Media communications, for the purpose of promoting an interest common to both of us. You can do this without our specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

12. Copyright and other intellectual property rights

12.1

All Content on our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us, our affiliates, our licensors or our Vendors. All such Content is protected by Australian and international copyright law.

12.2

You may not copy, or in any way exploit any of the Content, except as is expressly permitted in these TOS or with our written consent. You acknowledge that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13. Interruption to the Love a Breakservice

13.1

We give no warranty that our Website and service will be satisfactory to you.

13.2

We will do all we can to maintain your access to our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.

13.3

You also acknowledge that our service may also be interrupted for reasons beyond our control. In particular, our Website is hosted by a hosting services provider, which is an independent entity beyond our control. The accessibility of the Website the World Wide Web may be interrupted or suspended because of problems with the hosting services provider, our telecommunications carrier, your telecommunications carrier or ISP, or many other reasons. You acknowledge that it is the nature of the World Wide Web that particular websites may not always be available for viewing or use.

13.4

You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Love a Breakservice or Website access.

14. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:

14.1

your use of the Love a Break service and Website;

14.2

the breach or violation of these TOS by you;

14.3

the infringement by you of any intellectual property or other rights of any person or entity;

14.4

your failure to comply with any law;

14.5

a contractual claim arising from your use of our Website and purchase of a Voucher.

15. Our disclaimers

15.1.

Our Website may contain links to other Internet websites. We have no control over any website operated by a third party, or its contents. You acknowledge and agree that we will not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.2.

We are not liable in any circumstances for special, indirect,consequential damages or any damages whatsoever resulting from your loss of use, loss of data or loss of revenues or profits, whether in an action for breach of contract, for negligence or otherwise, arising out of or in connection with your use of our Website.

15.3.

The Love a Break Website and Love a Break services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:

15.3.1

15.3.1 of satisfactory quality;

15.3.2

fit for a particular purpose; or

15.3.3

available or accessible, without interruption, or without error; except as may be required by any applicable law.

16. Disclaimers about the Service

16.1

All of the Content on our Website relating to any Voucher and the Goods and Services it represents has been authorised by the relevant Vendor. While we endeavour to check all such advertisements before they are Posted, we do not accept responsibility for the accuracy of any claim made in an advertisement.

16.2

We make no representation, warranty or other provision with regard to the Goods and Services represented by any Voucher, except as the agent of the relevant Vendor, and you agree that you will rely on your contract with the Vendor for the supply of the Goods and Services created when you purchase the Voucher in the event of any dispute regarding the Goods and Services. You acknowledge that any advertisements or representations regarding any Goods and Services presented on the Website derive entirely from the relevant Vendor, and that in the event that any complaint or claim is directed against us, we will plead that we are merely the agent of the Vendor.

16.3

So far as concerns Vouchers you purchase through our Website, except as is imposed by applicable law we are not liable for:

16.3.1

anyGoods and Services represented by the Voucher complying with the requirement of any law or being available or being unsuitable for your particular requirements; or

16.3.2

the Vendor properly performing its supply contract with you.

16.4

Although we endeavour to monitor the business continuity of all of our Vendors, we are unable to do so continuously and therefore can give you no warranty, representation or undertaking whatever as to the continuing business of a Vendor, or that any Goods or Services represented by a Voucher will be in supply or available to you at the time you redeem the Voucher with the Vendor. In the event that you are unable to use or obtain the Goods and Services represented by a Voucher that you have purchased from our Website, please see the Love are Break Refunds Policy set out in clause 6 above.

16.5

Unless the law provides that we are liable to you in any respect, you now expressly release us from any and all claims and liability present or future, arising in any way from a contractual dispute between you and a Vendor in relation to any breach of the Vendor’s supply contract with you for Goods and Services.

17. Miscellaneous matters

17.1

If any term or provision of these TOS is at any time held by any competent court or government authority to be void, invalid or unenforceable, that term or provision will be treated as modified to the minimum extent necessary to bring it within the laws of that jurisdiction and to prevent it from being void, invalid or unenforceable, as the case may be, and it will continue to be binding on you in that modified form. If the term or provision cannot be so modified, however, then it will be severed from these TOS without affecting any other of the terms of these TOS, to the greatest extent possible.

17.2

For the purposes of thePrivacy Act 1988(Cth) you consent to the processing of your personal data (in manual, electronic or any other form) relevant to your use of the Website, including the purchase of a Voucher, by us and/or any agent or third party nominated by us, including a Payment Services Provider, provided that such agent or third party is bound by a duty of confidentiality.Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the world where it is reasonably necessary to transfer that data for the genuine purposes of our business.

17.3

If you are in breach of any term of these TOS, we may:

17.3.1

publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.

17.3.2

terminate your Customer account if you have one and refuse you access to our Website;

17.3.3

remove or edit Content posted by you, or cancel any purchase order for a Voucher submitted by you, at our discretion; and

17.3.4

issue a claim in any court that has jurisdiction over these TOS or your actions in breach of these TOS (subject to clause 17.8).

17.4

Any obligation in these TOS which by its nature is intended to continue to have effect after termination or completion of your use of our Website, or the completion of your Voucher purchase transaction, will so continue. In particular, all payment obligations, confidentiality obligations, intellectual property obligations and privacy obligations will continue to have effect indefinitely.

17.5

No failure or delay by us to exercise any right, power or remedy will operate as a waiver of that right, power or remedy, nor indicate any intention to abandon or waive that or any other right in the future.

17.6

When you visit our Website or send messages to us by email, you are communicating with us electronically. We may communicate with you by email or by Posting notices on our Website. You agree that all such electronic communications will satisfy any applicable legal requirement that such communications be in writing.

17.7

Any communication that is required by law to be served on us by you must the posted to the following address: PO Box388, Inglewood, Western Australia, 6932, Australia. If the notice is sent by you within Australia, you agree that it will be deemed to have been delivered 14 business days after the date of posting, for the purposes of this clause, a “business day” is any day except a Saturday Sunday or a public holiday in either the place where the notice was posted or the place where the notice was received. If the notice is sent by you from outside Australia, you agree that it will be deemed to have been delivered 21 business days after the day of posting. You agree that any communication that is required by law to be served on you by us can be given to you at such postal or physical address or email address that you provide to us, and will be subject to the same rules as to delivery stated above, except that, in the case of an email notification from us, the notification will be deemed to have been delivered to the next business day after it is sent by us, provided that we do not receive a notification from your email system or our email system that the email could not be delivered to your nominated email address. You agree that it is your responsibility to maintain a current email address and to notify us of any change in status of that address.

17.8

In the event of a dispute between you and us, you agree that both you and we must follow the following procedure before either you or we litigate the dispute (except for applications for urgent injunctions), namely:

  • the party raising the dispute must notify the other party of the nature of the dispute, providing reasonable particulars;
  • the parties will then negotiate in good faith to resolve the dispute by any means reasonably available, including video conferencing via the Internet;
  • in the event that the dispute cannot be resolved by negotiation, the parties will in good faith participate in the mediation of the dispute with the assistance of an independent, mutually acceptable and properly qualified mediator operating under a recognised code of mediation practice, and if the parties are unable to agree on the selection of the mediator then either of them may request the President of the Law Society of Western Australian to appoint one for them; and
  • only if the dispute cannot be resolved by such mediation may either party resort to litigation.

17.9

These TOS do not confer any rights on any third party.

17.10

We will not be liable for any failure or delay in our performance of our obligations under these TOS which is caused by circumstances beyond our reasonable control, including any power failure or Internet outage.

17.11

In the event of any conflict between any term of these TOS and the provisions of the constitution of a privately held company or trust deed or any comparable document intended to regulate any corporate or collective body, then the terms of these TOS will prevail.

17.12

The validity, construction and performance of these TOS will be governed by the laws of the State of Western Australia, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State in any matter arising under these TOS.

VERSION ID: Last updated 5 April 2016.