1 Lyndicohen.com Terms and Conditions
1.1 This website is owned, operated and maintained by LynPol Pty Ltd (the Operator).
1.2 These Terms and Conditions apply to your use of the website and any application (Service) accessed from www.lyndicohen.com (together, the Site). Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site you agree to be bound by these Terms and Conditions.
1.3 These Terms and Conditions may be modified from time to time and you (You or User) should regularly review them.
1.4 The subscription to any program and your continued use of the Site and our Services constitutes your agreement to these Terms and Conditions and any modifications to them.
2. Use and Eligibility
2.1 The Site is only intended for individuals who can form legally binding contracts. By using the Site you are representing and warranting that you are over 18 years of age and able to enter into contracts. Do not use the Site if you do not qualify.
2.2 You must not use the Site to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(c) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or breach the Australian Privacy Principles as set out by the Privacy Act 1988 (Cth);
(f) collect or store data about other users or merchants, including e-mail addresses; and
(g) violate any applicable state, Commonwealth or international law, convention or regulation.
3.1 The Operator reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that the Operator believes, in its sole discretion:
a. violates any term or provision of these Terms and Conditions;
b. violates the rights of the Operator or third parties; or
c. is otherwise inappropriate for continued access and use of the Site.
3.2 You acknowledge that the Operator has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.
4. Links and Advertising
4.1 The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the Operator nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
4.2 If you choose to provide us with a written testimonial or comments about your experience using the Site or the Service, we may, with your permission, place such comments on the Site. If you do not wish for us to provide such comments on the Site or would like your comment removed from the Site, please email us ([email protected]) to let us know.
4.3 You may also choose to share your experience using the Site via a number of social media networks. Any comments that relate to www.lyndicohen.com or any service available on www.lyndicohe.com that are shared through social networks (including, but not limited to) Facebook, Twitter or Instagram may be used and referenced on the Site.
5. Intellectual Property Rights/ Limited Licence to use the Site
5.1 The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws.
5.2 You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions or as permitted by Part 3 - Division 4A of the Copyright Act 1968 (Cth).
5.3 The Operator's logo and name are the property of the Operator and may not be used as part of your business or in connection with any goods and services without the prior written consent of the Operator.
5.4 If you consider that any Content on the Site breaches your intellectual property rights please notify the Operator by electronic mail ([email protected]). Notification, and any action that the Operator may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that the Operator accepts any liability in relation to such a breach. The Operator does not guarantee to take any action if notified under this clause.
6.1 To the extent permitted by law, the Operator makes no warranties in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on the Site.
6.2 The Operator will use all reasonable endeavours to provide reliable Services, however it is not practicable to provide such Services free of faults and the Operator does not undertake to do so. In the event of a fault in Services, the user must report the fault by email to the Operator. Upon receipt of the fault report, the Operator will take all proper steps without undue delay to correct the fault. The Operator shall not, in any event, be liable for interruptions of Services or downtime of a Server.
6.3 The Operator may:
a) vary the technical specification of Service for operational reasons;
b) give or update instructions regarding the use of the Service which in the Operator’s reasonable opinion is necessary in the interests of safety, or to maintain or improve the quality of Services to the user and any such instructions shall whilst they are in force, be deemed to form part of this agreement; and
c) temporarily suspend for the purpose of repair, maintenance or improvement, part or all of the Operator’s Services, generally without notice.
6.4 The Operator undertakes to use reasonable endeavours to restore Services as soon as practicable after any such suspension.
6.5 Where the Operator uses any third-party services, the Operator cannot be held responsible for those third-party service commitments, quality or availability.
6.6 The Operator may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Services without any liability to the users.
6.7 The Operator may at any time without notifying the user make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Services.
7. Price and Payment
7.1 The fee for the supply of Services shall be as stated in the Price Plans section of the Site.
7.2 All charges payable by the User for the Services shall be in accordance with the scale of charges and rates provided by us from time to time and shall be due and payable by credit card in accordance with the plan.
7.3 All charges quoted are subject to review and adjustment by the Operator at any time. The price of the goods or services shall be at the Operator’s quoted price.
7.4 The Operator reserves the right to increase the price of Services at any time to reflect any increase in the costs to the Operator due to any factor beyond the control of the Operator (including though not limited to any increase in the costs of labour, materials or other costs or increases in price by those who supply the Operator with Services).
7.5 Unless specifically varied in writing by the Operator, the following payment terms shall apply:
a) all fees quoted are exclusive of Goods and Services Tax (GST) and to the extent that GST is chargeable in respect of any Services supplied by the Operator, GST at the rate in force at the time of supply should be added to payments otherwise due.
7.6 Without prejudice to the Operator’s other rights and remedies under this Agreement, if any sum due in not paid by the user, as and when it falls due, for whatever reason, the Operator shall be entitled forthwith to:
a) Cancel the Agreement and any other Agreement between the Operator and the User
b) Suspend the provision of Services to the user until such time the user pays all monies that are due. Upon receipt of any outstanding monies, the Operator will reinstate the Service.
8.1 Either party may (without limiting any other remedy) at any time terminate the Agreement by giving written notice to the other if the other commits any breach of these terms and conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the user goes into liquidation, becomes bankrupt or insolvent, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
8.2 Unless otherwise agreed between You and the Operator, subscription to the Service is on a monthly basis. You may cancel the subscription at any time and the cancellation will take effect at the conclusion of the current period that You have paid for. For the avoidance of doubt You will be required to pay for the remainder of any contracted period after the date of cancellation.
8.3 The User continues to be liable to pay all charges, which are due for Services during any period in which you do not comply with this Agreement.
8.4 On termination of this Agreement or suspension of the Services the Operator shall be entitled immediately to suspend access to the Server and to remove all data located on it. The Operator shall be entitled to delete all such data but may, at our discretion, hold such data for such period as the Operator may decide to allow the User to collect it at their expense, subject to payment in full of any amounts withstanding and payable to the Operator.
8.5 If the Operator waives a breach of Agreement by the User, that waiver is limited to the particular breach. Any delay by the Operator in acting upon a breach is not to be regarded in itself as a waiver.
9.1 You agree to indemnify, defend, and hold harmless the Operator, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
10. Disclaimer of Warranties and Limitation of Liability
10.1 Subject only to clause 10.2 below:
a) this Site is provided by the Operator on an “as is” basis without any express or implied warranty of any kind;
b) the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
c) the Operator does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
d) the Operator does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any Content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Site;
e) the Operator may change any of the material on the Site at any time without notice;
f) the Operator makes no commitment to update any material on the Site;
g) you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
h) you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and
i) in no event shall the Operator be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
(a) access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
(b) the action or inaction of You in relation to information provided as part of the Service;
(c) the availability or accuracy of third party websites; or
(d) any breach of any third party intellectual property rights.
10.2 Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws void or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of the Operator, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of the Operator, to:
a) in the case of services, the supply of the services again, or the payment of having the services resupplied; and
b) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
10.3 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
11. Data protection and confidentiality
12.1 These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without the Operator's prior written consent. You agree that the Operator may assign this agreement to a third party without notice.
13. Governing law
13.1 These Terms and Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
14. Entire Agreement
14.1 Except as provided for in clause 1.3, these Terms and Conditions constitute the entire agreement between you and the Operator with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
15.1 The Operator shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of the Operator, including any form of technological failure or the actions of third parties.
15.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
15.3 The failure by the Operator to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of the Operator in respect of any existing or subsequent breach of these Terms and Conditions.