Terms of use
Lifestyle Communities® Website Terms of Use
This website is operated by Lifestyle Communities® Limited and its related
companies (“Lifestyle Communities®”)and other website names used from time
to time (“Website”). These terms of use and the Privacy Statement apply
to the Website.
By proceeding beyond the homepage you agree to accept these terms of use
and Lifestyle Communities® agrees to grant you a non-exclusive,
non-transferable licence to use this Website in accordance with the
conditions set out below.
We may revise these terms of use from time to time without notice and
such revision will take effect when it is posted on this Website. Your use
of this Website will be regarded as your acceptance of these terms of use
as amended.
Pursuant to this licence and subject to the absolute right of Lifestyle
Communities® to vary access to all or any part(s) of the Website, you
acquire a non-exclusive right to view the material in the Website, access
material contained in the Website and use the Website strictly in
accordance with the provisions of this licence.
The Website may contain links to other websites operated by third parties
(“Third Party Websites”). Lifestyle Communities® does not endorse, or
approve of the operators of Third Party Websites, or the information,
graphics and material on those Third Party Websites
(“Third Party Material”).
Subject to any applicable law which cannot be excluded, Lifestyle
Communities® makes no warranties or representations regarding the quality,
accuracy, merchantability or fitness for purpose of Third Party Material
or products or services available through Third Party Websites; or that
Third Party Material does not infringe the intellectual property rights of
any person. Lifestyle Communities® is not authorising the reproduction of
Third Party Material by linking Material on this Website to Third Party
Material. When you follow a link on this Website, material at a Third Party
Website may be displayed in your browser framed by material on this Website.
This material is also Third Party Material for the purpose of these terms
of use. All offers to sell and statements relating to goods and services
available on Third Party Websites are the responsibility of and given by
the Third Party Website operator. Insofar, as such offers and statements
are made on the Website, such offers and statements are made by Lifestyle
Communities® on behalf of the operator. Lifestyle Communities® expressly
disclaims acting in any other respect on behalf of Third Party Website
operators.
Lifestyle Communities® may receive payments from operators of Third Party
Websites in relation to goods or services supplied by the operator as a
result of you linking to the Third Party Website from this Website.
A link to a Third Party Website does not mean that we endorse the content
of that website. Your access to Third Party Websites may be governed by
their own terms of use.
You may not create a link to this Website from another website or document
without prior written consent from Lifestyle Communities®.
Website content
Lifestyle Communities® is either the owner or the licensed user of the
copyright in the materials and information on this Website including without
limitation any logo, design, floor plans, text, graphic and their arrangement
(“Content”). Unless we indicate otherwise you must not copy, distribute,
republish, download, display, post or transmit the Content in any form or
by any means including but not limited to electronic, mechanical or otherwise
without the prior written consent of Lifestyle Communities®. You may access
and use the Content and this Website for your own personal use only.
Unless expressly permitted otherwise, you must not do anything to alter,
modify or add to the Content.
You acknowledge and agree that if you contribute Content to the Website,
such Content will become the property of Lifestyle Communities® and you
hereby assign all rights, title and interests in and to such contributions
to Lifestyle Communities®.
Any comments or materials sent to us through the Website including
feedback data, questions, comments and suggestions (“Feedback”), will be
deemed to be non-confidential. Lifestyle Communities® has no obligation
of any kind with respect to such Feedback and will be free to reproduce,
exhibit, use, disclose, display, transform and distribute the Feedback
to others without limitation. In addition, Lifestyle Communities® will
be free to use any ideas, concepts, know-how or techniques contained in
such Feedback for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products and services
incorporating such Feedback.
Lifestyle Communities® reserves the right to remove any Content from this
Website at any time, for any reason including, but not limited to, upon
receipt of claims or allegations from third parties or authorities relating
to such Content.
Indemnity
You must indemnify and keep Lifestyle Communities® (and its related corporate bodies, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of provisions this licence, or your breach of any rights of third parties.
Trademarks
The “Lifestyle Communities®” name and all its associated trademarks are
trademarks of Lifestyle Communities®.
Any other trademarks appearing on this Website may be the trademarks of
the relevant owners. You must not use any trademarks that appear on this
Website without the written consent of the trademark owner.
Your conduct when using this website
You acknowledge and accept that your use of the Website indicates your
acceptance of this licence and that you are responsible for all of your
activity in connection with accessing the Website.
In accessing the Website, you must not take any steps to obtain
unauthorised access to this Website or any parts thereof that are not
opened to public access; disrupt or interfere with or make attempts to
disrupt or interfere with the Website; any other user’s enjoyment of this
Website or Third Party Websites; or any services, system resources, accounts,
servers or network connected to or accessible through this Website or
Third Party Website; engage or make attempts to engage in any kind of
illegal, criminal or tortious activity whatsoever through the use (whether
direct or indirect) of the Website or Third Party Websites; use, copy or
translate for commercial use, reproduce, adapt, vary or modify any material
in any form in this Website without the express consent of Lifestyle
Communities® except as expressly authorised by this licence; use any robot,
spider or any other automatic device or manual process to monitor, copy or
extract any web pages or any Content on this Website, without the prior
written consent of Lifestyle Communities®; take any (or make attempts to
take any) action that imposes an unreasonable or large load on the
infrastructure of the Website; reverse engineer, reverse assemble or
otherwise attempt to discover source code or other arithmetical formula in
respect of the software underlying the infrastructure and processes associated
with the Website; post or transmit to or via this Website any material
that may infringe the intellectual property rights of any third party, or
any defamatory, derogatory or offensive material or publication; or use or
attempt to use the Website to violate the security of any computer network,
crack passwords or security encryption codes, transfer or store illegal
material including material that are deemed threatening or obscene, or
engage in any kind of illegal activity.
User Responsibility
In accessing this Website, you acknowledge and agree that you must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. Lifestyle Communities® reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user; if Lifestyle Communities® issues you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not; and you have exercised your independent judgment and have not relied on any representation made by Lifestyle Communities® which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Lifestyle Communities® (which material may be out of date or superseded).
Disclaimers
While Lifestyle Communities® has endeavoured to ensure that all information
provided on this Website is complete, accurate or up to date, the Content
and this Website are provided “as is” and “as available” and Lifestyle
Communities® takes no responsibility for any error or omission relating to
this information. The existence of inaccurate, incomplete or superseded
material in this Website will not cause Lifestyle Communities® to be in
breach of the terms of the licence.
To the maximum extent permitted by law, Lifestyle Communities®: disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose, or
non-infringement; and will not be liable for any cost, loss or damage
suffered by you through your use of the Website or Lifestyle Communities®
failure to provide access to the Website or any Third Party Websites or any
information updates. The Content may contain general information about
Lifestyle Communities® products and services. Unless expressly stated
otherwise, the Content does not: constitute an offer or inducement to enter
into a legally binding contract; form part of the terms and conditions for
Lifestyle Communities® products and services; purport to provide you with
personal financial or investment advice of any kind; or take account of
your particular financial position or requirements.
This Website may include information about stocks and their prices. The
information made available on stock prices on this Website does not
reflect the current or “real time” price of the stock. Images and diagrams
on this Website are intended to be a visual aid only and do not necessarily
accurately depict the object described.
Your use of this Website including all Content, data or software
distributed by, downloaded or accessed from or through this Website is at
your own risk. Before taking or refraining from any action in reliance on
the Content or this Website, you must make and rely on your own enquiries
in relation to, and in evaluation of, the Content including any information,
predictions, opinions and statements contained in this Website.
Warranties
Lifestyle Communities® does not warrant or make any representations that
this Website or the server that operates it is free from viruses or other
corrupted materials or occasional outages or disruption to service which
prevent you from accessing this Website; or in relation to the use or the
results of the use of the Content or this Website as to their correctness,
accuracy, reliability, or otherwise; or that use of this Website will be
compatible with the hardware and software you are using to access it; or
that the functions contained in this Website or Third Party Websites will
be uninterrupted or without error, that defects will be corrected, or
that electronic material in this Website and other Third Party Websites
are free of harmful components.
Lifestyle Communities® will not be liable for any indirect or
consequential losses arising out of a breach of this licence, or arising
out of the supply of a defective program or incorrect materials.
Subject to any responsibilities implied by law and which cannot be
excluded, Lifestyle Communities® (including our related bodies corporate,
directors, officers, employees, agents and contractors) expressly disclaim
all liability to you or any other persons for any losses, damages,
liabilities, claims and expenses (including but not limited to legal costs
and defence or settlement costs) whatsoever, whether direct, indirect or
consequential, arising out of or referable to the Content or this Website
(or material accessed via this Website), or to access of the Website by
you, howsoever caused, whether in contract, tort including negligence,
statute or otherwise. To the full extent permitted by law, any
liabilities imposed on Lifestyle Communities®, or implied into this
licence, under any law are hereby excluded.
To the extent permitted by law, all implied terms are excluded. If any
statute implies terms into this licence, which cannot be lawfully excluded,
such terms will apply to this licence, save that the liability of
Lifestyle Communities® for breach of any such implied term will be
limited to the maximum extent possible, at the option of
Lifestyle Communities®, to any one or more of the following:
The replacement of goods or services to which the breach relates or the
supply of equivalent goods or services. The repair of such goods or
services. The payment of the cost of replacing the goods or services or
of acquiring equivalent goods or services. The payment of the cost of
having the goods repaired or the services performed again. Nothing in
this licence is intended to exclude, restrict or modify rights which you
may have under the Trade Practices Act or any other legislation which may
not be excluded, restricted or modified by agreement.
Lifestyle Communities® reserves the right to make any change, add or remove
any material in or from this Website without notice. Lifestyle Communities®
may also make improvements or changes in the products or programs described
in the Content at any time without notice. For example, changes in
circumstances after the date of publication may impact upon the
accuracy of the Content.
Termination and suspension
Lifestyle Communities® reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of this Licence, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.
Waiver
Failure or neglect by Lifestyle Communities® to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Lifestyle Communities® under this licence. No waiver by Lifestyle Communities® of its rights under this Licence shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
Currency
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
Privacy
Lifestyle Communities® respects your privacy. The Privacy Statement applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed on the Privacy page of this Website.
Severability
If any parts of this licence are deemed unlawful, void or for any reason unenforceable then that provision may be severed from this licence and it will not affect the validity and enforceability of the remaining provisions.
Applicable law
This licence is governed by and construed in accordance with the laws of Victoria, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia.
