TERMS & CONDITIONS OF USE ("TOS") OF SERVICES & PRODUCTS
Your access to and use of this membership Service &/ or Products is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing and using of this membership Service Service &/ or Products , you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular Services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
If you disagree with any part of the terms then you do not have permission to access the membership Service/s &.or products provided on tarrynslade.com by Love & Light Therapy.
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE OR THE SERVICES.
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.
TERMS OF SERVICE
These Terms of Service (the Terms) govern your use of our website located at tarrynslade.com (the Site) and form a binding contractual agreement between you, the user of the Site and us, LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE (aka Jïlda~Rõse) (ABN 75 350 735 637)
For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.
By completing the subscription process and payment of the subscription fee, you acknowledge and agree that you have read and understood these Terms.
If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.
In these Terms:
“Confidential Information” means all information provided by one party to the other in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and
(b) information developed independently by a party.
“Content” means any and all data, text, software, images, audio or video material and other content, in any medium, provided by The Tip Desk to you.
“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
“Moral Rights” has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
“Services” means the e-learning and tutorial services provided by LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE (aka Jïlda~Rõse) through the Site. This includes Services currently offered by LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE and any Services or products that LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE (aka Jïlda~Rõse) may choose to offer in the future.
“Site” means www.tarrynslade.com.
“Terms” means these terms and conditions of use and the documents referred to on it.
“Trade Marks” means LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE logo.
“User Generated Content” means any and all data, text, software, images, audio or video material and other content in any medium produced and provided on the Site by a User Admin.
“User Admin” means a customer who is the main subscriber to the Services. They have the ability to customise the Content available to Users under their subscription.
“User” means a customer who gains access to the Services through a User Admin’s subscription or a customer who has opted to not obtain a User Admin subscription. They do not have the ability to customise Content but are allowed to access the Content as chosen by the User Admin.
“Visitor” means a customer who gains access to the Services and is able to browse the Site, but does not have the capacity to customise the Content or access customised Content by a User Admin.
“You” means you, the customer, either in the capacity of the User Admin, User or Visitor.
“Us”, “We”, “Our” means LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE (aka Jïlda~Rõse)
2. About LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE (aka Jïlda~Rõse)
The Site is operated by LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE (aka Jïlda~Rõse), a registered Australian company, with ABN 75 350 735 637.
By subscribing to the Site and accessing the Services, you warrant that:
• You are at least 18-years-old; and
• You are legally capable of entering into binding contracts under Australian laws.
Other restrictions may apply.
4. Accessing the Site/ Service
4.1 We reserve the right to withdraw or amend the Services and Content we provide on the Site/ Social Media Pages without notice.
4.2 We will not be liable for any reason our Site is unavailable at any time or for any period. We may restrict access to some parts of or the entire Site, from time to time.
4.3 When you subscribe to the Site for the Services, you are provided with a User Admin, User, or Visitor log in and password. For User Admin accounts, you may add the IP address of your company or organisation and it will automatically redirect your employees to your customised LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE Content. Thus, you must treat your log in and password as confidential and you must not disclose it to any third party.
4.4 If you have reason to believe that your log in or password has been obtained by someone else or someone outside your company or organisation without your consent, you must inform us immediately to disable your account.
4.5 We will not be liable for or for any losses associated with your account being hacked and your User Generated Content being made publicly available.
4.6 We have the right to disable any log in or password, at any time, if we consider that you have failed to comply with any of the provisions of these Terms.
4.7 You understand that the services will be held via user login site at tarrynslade.com, a private Facebook page, any other forms of communication services decided upon by LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE and LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE make no commitment to you about which site the content will be available through. The content will be ONLY with a monthly subscription fee made to LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE.
5.1 In order to access the Site, you will complete the given registration form and subscription fee. The subscription fee can be paid by:
5.2 In the event of non-payment of the subscription fee within the invoicing term, your account will be disabled. If your account is disabled for more than thirty (30) days, your account will be removed, including all customisations, Content, and User Generated Content contained in your account.
6. Our Intellectual Property Rights
6.1 Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You acknowledge and agree that, as between you and us, we own all Intellectual Property rights, including Trade Marks, in the Site and Content, excluding any User Generated Content posted or added by you.
6.2 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
6.3 You must not distribute, sell, transfer or otherwise deal with any part of the Content on the Site without first obtaining a licence/ consent to do so from us.
6.4 If you breach these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
6.5 Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.
7. User Generated Content
6.1 You must not add any Content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or any other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that is unsolicited, undisclosed or unauthorized advertising;
(e) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) that would bring us, or the Site, into disrepute; or
(g) that infringes the Intellectual Property or other rights of any person.
6.2 You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 6.1 and make such records available upon our reasonable request.
6.3 You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives or has access to the User Generated Content from copying and distributing it.
6.4 You retain ownership of your Copyrights and other Intellectual Property and proprietary rights in any User Generated Content you post to the Site. These Terms do not prevent you from granting non-exclusive rights to use your User Generated Content to others.
6.5 We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. We reserve the right to modify or remove any User Generated Content at any time.
6.6 Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by User Admins or third parties, including other Users or Visitors, are those of the respective author(s) or distributor(s) and not of LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE.
8. Limitation of liability and indemnity
7.1 You agree that we shall not be liable for any damages suffered as a result of using, copying, distributing, or downloading Content from the Site or from using the Services provided.
7.2 In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. Please read our [DISCLAIMER] for more details.
7.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against The Tip Desk for lost data, re-run time, inaccurate instruction, work delays or lost profits
resulting from the use of the Site and Services.
7.4 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
7.5 As a condition of your access to and use of the Site, you agree to indemnify LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) Your access to and use of the Site and Content; and
(b) Your violation of these Terms and any applicable law or the rights of another person or party.
7.6 You acknowledge & agree that LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to (a) any errors or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions therefrom, the unavailability of this site or any portion thereof, (d) your use of this site, or (e) your use of services, equipment, products and software in connection with this site.
9. Customer support
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you submit your inquiries to using your User Admin or User account. Or, in the case of a Visitor, your personal email account.
10. Termination or cancellation
10.1 You agree that we may, at any time and at our sole discretion, without or without cause or any notice to you, terminate these Terms, your access to the Site/ subscription pages (including any & all social media pages), and/or your subscription, or suspend or block your access to the Site.
11. Written communications
11.1 By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email, through our private social media sites included in the subscription or provide you with information by posting notices on the Site or via our private social media pages.
11.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
11.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
12. No waiver
12.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
12.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
12.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 10.
13. Force Majeure
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of this Agreement, where this arises out of circumstances beyond our control, including but not limited to:
• Acts of god;
• Natural disasters;
• Shortage of supplies, equipment, and materials;
• Strikes and lockouts;
• Civil unrest;
• Computer hacking; or
• Malicious damage.
If any court decides that any of the provisions of these terms and conditions of use are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms. The rest of the terms and conditions of use will continue to be valid.
16. Changes to the terms and conditions
16.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site. We may restrict access to parts or the entire Site at any time, including, but not limited to, content, certain features and Services, Content, hours of availability, and equipment needed for access or use, without notice or liability.
16.2 Any material on the Site may be out of date at any given time and we are under no obligation to update such material.
16.3 We reserve the right, in our discretion, to change, modify, add or remove any part of this Agreement, in whole or in part, at any time. Notification of changes of these Terms will be posted on the Site.
16.4 Amendments to the Terms will take effect immediately upon being posted on the Site and your continued use of the Site will be deemed as your acceptance thereof.
17. Entire Agreement
17.1 These Terms, the documents expressly referred to in them, and our Fair Use Policy constitute the entire Agreement between you and LOVE & LIGHT THERAPY & TARRYN GEORGINA SLADE and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
17.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
18. Law and Jurisdiction
These Terms are governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland.