Website Terms and Conditions
1.1. Welcome to the Lucinity Productions Website located at www.lucinity.com.au (“Site”). Please read these Terms & Conditions carefully. By accessing or using the Site you become a user of the Site (“User” or “you”).
1.2. This Site is owned and operated by Lucinity Productions (ABN 30 420 817 305) (“Lucinity” or “us” or “we”). As a User of the Site you agree that you have read and understood these Terms & Conditions and that you agree to be bound by them. These Terms & Conditions form a binding agreement between you and us (“Agreement”).
1.3. Lucinity reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users.
2. Proprietary Rights in the Site
2.1. All material on the Site including, but not limited to, underlying software, code, design, text, graphics, video, other files (“Content”) is the sole property of Lucinity or is licensed to Lucinity. All rights are reserved. Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Lucinity.
2.2. All Trade Marks, logos, trade dress and service marks on the Site are either Trade Marks or registered Trade Marks of Lucinity and shall not be copied, imitated, or used, in whole or in part, without the prior written consent of Lucinity.
3. No Warranties
3.1. The Site is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use, accessibility or warranties that access or use of the Site will be uninterrupted or error-free, and that the Site will be secure or free of viruses or other harmful material or elements, or that the Content will be correct, accurate, timely or complete.
3.2. The Content may include technical inaccuracies or typographical or other types of errors. Lucinity has the right to make changes, modifications and updates to any Content contained on the Site without prior notice.
4.1. Lucinity is committed to protecting its Users privacy, and will not use any information which it collects in connection with the Site or its Users otherwise than as disclosed to the User at the time of collection.
4.2. The User is responsible for keeping its personal information up to date.
4.3. Lucinity shall not disclose User’s personal information to any third party without the User’s consent unless it is required to do so by law or other regulation.
4.4. Any information posted by Users in the comment sections of the Site becomes public information.
4.5. On every email a User receives from Lucinity, the User is given the opportunity to unsubscribe.
5. Links to External Websites
5.1. Through this Site Users are able to link to other websites which are not under the control of Lucinity. Lucinity has no control over the nature, content and availability of those external websites. The inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such websites.
6.1. To the fullest extent permitted by law, Lucinity expressly disclaims all warranties, express or implied, of any kind with respect to the Site.
6.2. Lucinity is in no way responsible for;
(a) the conduct and behaviour of any User, whether on the Site or otherwise;
(b) any incorrect or inaccurate content on the Site; or
(c) the consequences of any malfunction of any equipment or programming associated with the operation of the Site.
6.3. There may be times when the Site is temporarily unavailable to the User due to maintenance or any to other reason beyond the control of Lucinity. In the event that the Site is unavailable Lucinity is in no way responsible for any loss or damage suffered by the User as a result of such ‘down-time’.
6.4. Lucinity is in no way responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet including injury or damage to the User’s or to any other person’s computer in connection to or resulting from the use of the Site in any way.
7. User Warranties
7.1. THE USER WARRANTS THAT LUCINITY SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE.
8.1. The User indemnifies Lucinity, and holds its officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms & Conditions, or the User’s violation of any laws, regulations or third party rights.
8.2. Should Lucinity in its sole discretion, determine that any User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
9.1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Lucinity. Lucinity reserves its right to assign the provisions of these this Agreement at any time.
10. Governing Law and Jurisdiction
10.1. These Terms & Conditions and the access and use of the Site shall be governed by and construed in accordance with the laws of Queensland, Australia. By accessing and using the Website, the Users accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Queensland Courts in Australia and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.
10.2. Users are solely responsible for compliance with any applicable laws of the country from which they access this Site.
10.3. This Agreement is the entire agreement between Lucinity and the User and shall supersede and/or override any previous oral or written agreements between the User and Lucinity.