User Terms & Conditions

This website and Facebook group is operated by The Living Collective Pty Ltd ACN 613 235 859 (we, our or us) and is available at www.mosmanliving.com.au, www.willoughbyliving.com.au, www.northernbeachesliving.com.au, www.kuringgailiving.com.au, www.northsydneyliving.com.au,

https://www.facebook.com/groups/1061409243932004/,
https://www.facebook.com/groups/979167582128597/,
https://www.facebook.com/groups/230056307370341/,
https://www.facebook.com/groups/1361969810495954/,
https://www.facebook.com/groups/1683560975214244/ and may be available through other addresses, channels or apps (collectively called the Platform).

Acceptance of these Terms and Conditions

You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by accessing and/or using our Platform.

You must be 13 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

Our Intellectual Property Rights

All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel, including but not limited to the Platform and all other materials will at all times vest, or remain vested, in us.

We give you a limited, revocable, non-transferable licence to use, for your personal use, any materials or other content we provide to you as part of our Platform.

Unless otherwise agreed to by us, you must not, without our prior written consent or the consent of the owner of the applicable content: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party (other than by means of sharing on social media); or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

Your User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to remove, use, view, copy, and modify such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe a third party’s rights, including intellectual property rights, or be in the violation of any applicable law or regulation. We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Conduct we don’t accept

When you use our Platform, we expect you to abide by a certain standards of behaviour.

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate or inconsistent with our values; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace, bully or offend any person or business; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages or any other unsolicited electronic messages (including Facebook messages); or (7) facilitating or assisting a third party to do any of the above acts.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Platform which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your acts or omissions; (2) any incorrect, incomplete or out-of-date Content or User Content on the Platform; (3) any works, services, goods, materials or items which do not form part of the Platform, or which have not been provided by us; (4) the Platform being unavailable, or any delay in us providing the Platform to you, for whatever reason; and/or (5) any event outside of our reasonable control, including, without limitation, the actions or conduct of third parties on our Platform and any User Content (including any unlawful or otherwise objectionable User Content).

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our Platform to you; and (2) we will not be liable to you for any indirect, special or consequential loss, or any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Warranties and Indemnities

You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; and (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with the terms.

You acknowledge and agree that (1) you use the Platform or our services at your own risk; and (2) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

Indemnity: Despite any provision to the contrary, to the maximum extent permitted by law, you agree that you are liable for, and must indemnify us, and hold us harmless, for and against any Liability suffered or incurred by us arising from or in connection with: your use of our Platform; any breach by you of these Terms or any applicable laws; and the User Content, our or any third party use of the User Content, or any claim that the User Content or any use of the User Content infringes any third party rights (including intellectual property rights). This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  

This clause will survive the termination or expiry of these Terms.

Dealing with a problem

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

General

Information: Any content on the Platform or provided by our Platform is not comprehensive and is for general information purposes only.  While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty regarding it, to the extent permitted by law. You rely on any information on our Platform at your own risk.

Third party websites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  We recommend that you make your own investigations with respect to the suitability of those websites.  

Variation: We may modify these Terms from time to time by posting a notice of the modification on our Platform. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must stop using the Platform.

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms is governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

The Living Collective Pty Ltd ACN 613 235 859

Email: naomi@thelivingcollective.com.au or bianca@thelivingcollective.com.au

Last update: 22 August 2019