Terms
1. GENERAL
These terms of use apply to the use of my website located at https://www.lisabreeze.com.au/ (“Website”) (“Website Terms of Use”). In using this Website, you agree to be bound by these Website Terms of Use , as a legal agreement between Lisa Breeze trading as Lisa Breeze Architect ABN 93 717 108 163 (“Lisa Breeze Architect”, “I”, “me”, “my”) and you, the user of this Website (“you”, “your”).
2. SPECIFIC WARNINGS
You must not access or use this Website (a) in a way that violates these Website Terms of Use, (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including my intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing my Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, I do not accept responsibility for any interference or damage to your own computer system or any of your devices which arise in connection with your use of my Website or any linked Website. While I have no reason to believe that any information contained on my Website is inaccurate, I do not warrant the accuracy, adequacy or completeness of such information, nor do I undertake to keep my Website updated. Responsibility for the content of advertisements appearing on my Website (including hyperlinks to advertisers' own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by me of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
You also agree that your use of my Website is for personal non-commercial use. You agree not to access, copy, or otherwise use my Website, including my intellectual property and any trade marks, except as permitted under these Website Terms of Use or as otherwise authorised in writing by me.
3. WEBSITE SERVICE CHANGES AND AVAILABILITY
I reserve the right to alter, update, or remove any of my Website at any time. I may modify my Website for any security reason, in my discretion. I do not guarantee that my Website will always be available, work, or be accessible at any particular time. Only users who comply with these Terms of Use Website may do so. I reserve the right to terminate access for anyone.
4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, copyright and other intellectual property rights in my Website (including text, graphics, photographs, images, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by me. Other than for the purposes of, and subject to the terms prescribed in these Terms of Use, the design of my Website along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein are owned by or licensed to me, subject to copyright and other intellectual property rights as applicable under under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location. Except as expressly authorised by these Terms of Use, you may not in any form or by any means:
i. adapt, reproduce, store, distribute, print, display, perform, or publish any part of my Website or any image, photograph, design or other artistic work in whole or in part or create derivative works from any part of my Website; or
ii. commercialise any information, products or services obtained from any part of my Website, without my written permission.
I reserve all rights not expressly granted under these Terms of Use in and to my Website.
By uploading, transmitting, posting or otherwise making available any material on a Website and any associated social media platforms, including providing me with any comments, feedback, ideas or suggestions, you grant me a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968 (Cth).
5. LINKING AND THIRD PARTY CONTENT
You must not frame, reformat, replicate or mirror any part of my Website or use any data mining robots or other extraction tools in relation to my Website, without my prior written authorisation. You may link to my Website without my consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of my Website contents, including any copyright or other intellectual property notices. At my request, you must immediately remove any link to my Website. My Website may contain links to or display the content of third parties (“Third Party Content”), including links to websites operated by other organisations and individuals (“Third Party Website”). Third Party Content and Third Party Websites are not under my control. I do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Website, you do so solely at your own risk.
6. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst I strive to protect such information, I do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to me is transmitted at your own risk. Nevertheless, once I receive your transmission, I will take reasonable steps to preserve the security of such information.
7. DISCLAIMERS
Your use of my Website is at your own risk. The information and materials provided on or through my Website are provided “as is” and to the fullest extent permissible by applicable law, I hereby disclaim all warranties of any kind, either express or implied. I cannot guarantee that my Website will work as advertised.
By accessing my Website, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, assurances and claims (whether express or implied) arising out of or in any way connected with my Website are hereby excluded. By accessing my Website, you agree to indemnify and hold me harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Website.
8. LIMITATION OF LIABILITY
Other than to the extent prohibited by applicable law, I do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of my Website. In no event will I, or any of my respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of my Website be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of my Website, any other website linked to my Website (including the materials, information or services contained on such website(s)) whether in contract or tort or regardless of being advised of the possibility of such damages.
In the event of any problem with my Website or any content, you agree that your sole remedy is to cease using my Website.
For Jurisdictions that do not allow me to limit my liability: Notwithstanding any provision of these Website Terms of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then my liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, I do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use my Website are contingent on your agreement with this and all other sections of these Website Terms of Use. In the event that I may not limit my liability in your jurisdiction, you agree my total liability to you is not more than AUD$100 or the total amount you spent while using my Website within the last six months, whichever is greater.
9. INDEMNITY
In addition to the other indemnities provided by you under these Terms of Use, you agree to indemnify me and my officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under these Website Terms of Use or from any other loss which may arise from or as a result of any breach of these Website Terms of Use or use of my Website by you or your officers, employees, agents, contractors or consultants.
10. TERMINATION OF ACCESS
Access to my Website may be terminated at any time by me without notice. These Terms of Use will nevertheless survive any such termination.
11. MISCELLANEOUS
Governing Law and Jurisdiction
The agreement contained in these Website Terms of Use is governed by and construed in all respects in accordance with the laws of the State of Victoria, Australia and the parties hereby submit to the exclusive jurisdiction of the courts of the said State of Victoria.
Legal Notice Amendments
I reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these Website Terms of Use and new additional information.