Please read this agreement carefully before accessing or using this service. This agreement sets out the terms and conditions under which you may use the web site lamerwellbeing.com.au. By accessing or using this service, you agree to be bound by the terms and conditions below. La Mer Group Pty Ltd may revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review the terms and conditions as your continued use of this Web Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes and will be binding on you.
1. PASSWORD AND LOGIN
1.1 When you become a registered user, you are provided with a password and login name. You agree to be entirely responsible for any and all activities that occur under your login name.
1.2 You are entirely responsible for maintaining the confidentiality of your password and login. You may change your password at any time by following instructions published on lamerwellbeing.com.au
1.3 You agree to immediately notify La Mer Group Pty Ltd of any unauthorised use of your login name or any other breach of security known to you.
2. ADVERTISERS AND THIRD PARTIES
2.1 Third Party services and products either: (i) linked to this website; and/or (ii) advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by La Mer Group Pty Ltd.
2.2 La Mer Group Pty Ltd is not responsible for the content of Third Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third Party websites or advertisements. La Mer Group Pty Ltd will not be liable for any damages or loss arising in any way out of or in connection with any information or third party service provided.
The material on this site, such as texts, graphics, images, html codes and other material (collectively the “Material”) are protected by Australian and international copyright Laws and remain the property of the site owned and operated by La Mer Group Pty Ltd. You may not sell or modify the Material or copy, reproduce, display, upload, distribute or otherwise use the Material in any way for any public or commercial purpose. You may download material from this site for your personal, non-commercial use provided you keep in tact all copyright and other proprietary notices.
4. NO GUARANTEES AS TO SERVICE
La Mer Group Pty Ltd does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. La Mer Group Pty Ltd will not be responsible if your use of the site or of the Material results in the need for servicing or replacing of equipment or data.
5. SITE USAGE
5.1 Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation: (a) accessing data not intended for such User; (b) logging into a server or account which the User is unauthorised to access; (c) attempting to test the vulnerability of a system or network or to breach authentication processes; (d) attempting to interfere with a service to any user, host or network by submitting a virus to the Website, 'spamming' overloading, 'crashing' or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website; (e) Sending unsolicited e-mail, including advertising or promotional material; or (f) Forging any TCP/IP packet header or any part of the header information in any e-mail or testimonial posting.
5.2 Users may not use the Website in order to post, transmit, distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner which will infringe the copyright, trademark or other intellectual property rights of others; (c) which violates the privacy, publicity or other personal rights of others; (d) that is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or entity; including, without limitation Tutors / Carers or Child Care Services; (e) which comprises a chain letter or pyramid scheme; (f) which misleads or may mislead other Users of the Website or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing or destroying the relevant material; (g) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (h) which may be likely to deceive any person; (i) which may infringe any copyright, or any intellectual property rights of any person; (j) which is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
5.3 La Mer Group Pty Ltd values user feedback, and in particular encourages parents to post testimonials, ratings and reviews on the Website about their experiences. You acknowledge and agree that: (a) The testimonials, reviews and ratings are a means of public and not private communication; b) La Mer Group Pty Ltd does not endorse any comments, opinions or reviews made by anyone on this Website, and we do not review their accurary or content, but we can, in its absolute discretion edit, refuse to post, or to remove testimonials, ratings or reviews from the Website it deems inappropriate, objectionable or otherwise in breach of this agreement; (c) Any reviews posted must be factually true, and must be your genuine opinion based on actual first hand experience; (d) You will not post a testimonial, review or rating if you have been offered or received a monetary or non-monetary reward or any other form of compensation for submitting a review, (e) You take full responsibility for the testimonial, rating or review, or comment that you submit, publish or post to the Site; (f) La Mer Group Pty Ltd can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including your name, ideas for new or improved products and services) that you submit to the Site or by email to lamerwellbeing.com.au. (g) You shall indemnify to lamerwellbeing.com.au against all damages, losses and expenses incurred to lamerwellbeing.com.au arising as a result of any material posted, submitted, or linked to our Site by You and subsequently published
5.4 La Mer Group Pty Ltd does not represent or guarantee the truthfulness, accuracy, or reliability of communications, testimonials, ratings or reviews posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk.
6. GENERAL PROVISIONS
6.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
6.2 The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
6.3 The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
6.4 This Agreement shall be governed by the laws of the state of New South Wales, Australia and the parties submit to the jurisdiction of the Courts within that State.