To the maximum extent permitted by law, these terms and conditions (Terms and Conditions) govern the use of this Website, including any of our online portals, platforms or forums that you access via this Website. We may amend these Terms and Conditions from time to time and if any part of them is illegal or unenforceable at law, it may be severed and the remaining Terms and Conditions will continue in full force and effect.

We take all reasonable steps to ensure that the information we provide on this Website is accurate. However, we make no representation as to the appropriateness of it for your personal circumstances. The existence of inaccurate, or incomplete information on this Website will not, of itself, amount to a breach of these Terms and Conditions.

The information contained on this Website should not take the place of professional advice.

We cannot guarantee that any information obtained from this Website is free from computer viruses, other faults or defects. It is your responsibility to scan the information for computer viruses. You assume the risk of any damage to your computer, mobile device and associated equipment arising from the installation, downloading or use of files from this Website.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other inappropriate way or in a way which conflicts with the Website or the services available on our Website.

Any comment posted on our forum (if any) will not be treated as confidential. Please do not post confidential material on our forum. If you contribute to our forum or make any public comments on this Website or our Instagram page which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the services offered, then we may at our discretion, refuse to publish such comments and/or remove them from this Website or our Instagram page and we reserve the right to ban, restrict or suspend access to our Instagram page, Website or forum if you engage in any such conduct. You will also be subject to, and agree to comply with, the respective terms and conditions of Instagram when visiting our Instagram page.

You are fully responsible for any content (including any testimonials, comments, suggestions, ideas graphics or other material) that your provide to us for display on the Website. Including on any online forum. We may use it for purposes which include advertising or marketing our own goods and services. By providing content to us, you grant us a licence to use that content without payment or reference to you.

In order to access and use some of the functions on our Website, you will be required to maintain an account with us.

You are responsible for maintaining the confidentiality of your passwords and account details and for all activities carried out under your account. If you suspect that your account has been subject to unauthorised access, you must contact us immediately and take reasonable steps to secure your account, such as changing your password. We are not liable for any losses, claims or damage howsoever arising as a result of the unauthorised use of your password or username.

Unless we expressly state otherwise, we own or are licensed to use all content appearing on this Website (including trade marks, logos, designs and copyright material) (Content). You must not use any Content on this Website, except with our express written consent or as permitted under applicable Australian and international laws. If we allow you to use any of our Content, in which case we may require you to sign a Licence Agreement, our status as the owner or licensee of that Content must be publicly acknowledged in writing, as we may direct.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

admin@ladybirdmanor.com.au

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and, unless expressly stated otherwise, are not an express or implied indication that we endorse, approve of, or are affiliated with the third parties or goods / services referenced in those website. The views and opinions expressed in any third party materials published on or available via our Website are those of the author of those materials and do not necessarily represent our views of the views of our personnel. We accept no liability for loss or damage arising out of or in connection to your use of any such websites.

You may link to our articles or home page. However, you are not permitted to provide a link which suggests any association, approval or endorsement on our part with respect to your website, business or person, unless we have expressly agreed in writing. We may withdraw our consent to you linking to this Website at any time by notice to you in our absolute discretion.

From time to time, we may offer you warranties against defects in relation to any goods and services available on this Website. Please note that those warranties (if any) will be in addition to any statutory guarantees to which you may be entitled under the Australian Consumer Law, if you are a consumer. Specifically:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

To the maximum extent permitted by law, including the Australian Consumer Law:

(a)      we provide this website on an “as is” basis. We may suspend access to this Website or close it indefinitely without notice and you accept the inherent security and reliability risks of dealings on the internet;
(b)      we are not liable for loss of revenue, loss of actual or anticipated profits, loss of business or indirect and consequential losses;
(c)      we are not liable for a breach of our obligations under these Terms and Conditions which has resulted from causes beyond our reasonable control. Those causes include extreme weather conditions, industrial strikes and failure of equipment or machinery, including failure of the internet; and
(d)      subject to the Australian Consumer Law (and without excluding any mandatory statutory guarantees contained within the Australian Consumer Law or other statutory rights which cannot be excluded by contract) all conditions, warranties and implied terms are excluded from these Terms and Conditions. To the extent that we breach these Terms and Conditions and it is legally permissible to do so, our liability is limited to:
(i)       replacement of the product or services supplied or supply of equivalent products or services;
(ii)      payment of the cost of replacing the products or acquiring equivalent products;
(iii)      supply of the services again; or
(iv)     payment of the cost of having the services supplied again.

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our services, is governed by our Privacy Policy. By using this Website and the services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why and the ways in which we manage your personal information, click here.

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, by supplying us with personal information through this Website, you accept the inherent security risk of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law, been grossly negligent or in wilful default of our duties to you.

We take complaints about privacy matters very seriously and our complaints handling procedure is set out in our Privacy Policy.

These terms and conditions are governed by and construed in accordance with the laws of South Australia, Australia and the courts of South Australia have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms and Conditions.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.