This website www.lyndalltaylor.com and its related pages, including any mobile site or mobile or other application that we may offer (Website) are owned and operated by Lyndall Taylor Consulting (ABN 26 439 907 027) (Lyndall Taylor, us, our or we). Your access to, browsing, contributions to and use of this Website are subject to the following terms and conditions of use (Terms) and any other terms or conditions on the Website, including our privacy policy, as well as all applicable laws, rules and regulations. By accessing or using this Website you accept and agree to the Terms, which are legally binding. If you do not agree to any of these Terms, you must not visit or use the Website. The Terms will be revised or updated from time to time by us and notified as set out in the Terms and any updates are effective immediately upon being published on the Website.

In the Terms, you mean any person visiting or using the Website.

1. Content

All text, images, trademarks (registered or unregistered), graphics, photographs, designs, icons, logos and service marks (Content) and selection, arrangement or “look and feel” of all content contained on the Website, is the property of Lyndall Taylor or third parties who have granted us permission to use it on the Website and is protected by international copyright, design and trademark laws. Your right to use the Content is limited only to those rights expressly set out in the Terms.

2. Use and Registration

By visiting or using the Website, you warrant to us that you are not a legal minor and are over the age of 18 and have full and due capacity and authority to do so.

You are solely responsible for all activity that occurs using your registration or account, and solely responsible to keep your access to it and passwords secure. We do not accept any responsibility for activity purchases on your registration or account by unauthorised use of your registration or account and if you suspect or become aware of any unauthorised use of your registration or that it is no longer secure, you agree to notify us immediately and further agree that you will immediately take all reasonable steps to protect your registration or account.

You may not use another person’s account without their express prior permission.

You acknowledge that when you register and use the Website, you will receive correspondence from Bubbler, including newsletters, relating to the Website’s purposes.

Lyndall Taylor grants you a revocable limited non-exclusive license to access, browse, use or contribute to the Website or the Content on your computer or similar device and download and use downloadable. Content for personal, private or domestic purposes only or the sole purpose of making purchases from the Website and except as expressly permitted herein or on the Website, or with our prior written permission, you are expressly prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using Content available via this Website for commercial or public purposes, including but not limited to use as meta tags or linking the Website or Content on other pages or sites on the world wide web.

You warrant to us that you are not visiting or using the Website or Content or purchasing any goods or services from the Website for any commercial purposes.

You are not allowed to damage, interfere with or disrupt access to the Website or the Content or engage in any other conduct that will or may restrict or limit any other person from using or accessing the Website or the Content. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content within it.

3. Purchasing

By placing an Order, you warrant you are not a legal minor and are over the age of 18 years and it has full and due capacity and authority to make the Order.

Once you have submitted an Order, you must make payment for the Order in accordance with the payment methods on or referred to on the Website or otherwise notified to you. An Order will only be deemed to be placed when you have submitted it and made the full payment for it.

We reserve the right to accept or reject your Order for any reason including, the unavailability of any goods or services, an error in the price or description or any goods or services or any error in your order, and in the event that we cancel your order, we will provide a full refund of any payments received from you.

4. Price and Payments

The price of a service is as contained or referred to on the Website or otherwise notified to you and this reflects the price of the service offered. All prices will be inclusive of any GST and are processed in Australian dollars unless otherwise notified on the Website.

All payments for Orders must be received by us in full before a service will be supplied to you. If payment is not received in full or if it is declined by any bank or credit card issuer for any reason whatsoever, we will not start the service.

Lyndall Taylor accepts no liability for unauthorised use of any of your payment, credit card or bank account details, including due to fraud, forgery or other similar acts.

 5. Cancellations and Refunds

You may cancel an Order prior to making payment for it, but you acknowledge and agree that if the Order is cancelled after a payment is made by you then no amount will be refunded unless we determine otherwise at its sole discretion.

You cannot return or receive a refund on any service after delivery, except where the service does not comply with the warranties made under these Terms or the service is not in accordance with the Order. To avoid doubt, you acknowledge that a defect will not be a defect of Lyndall Taylor if it has occurred as a result of inaccurate information provided by you in the Order.

6. No Warranties

The Website and Content are provided “as is” without warranty of any kind, express or implied. Except to the extent required by the law, Lyndall Taylor does not make any representations or warranties as to the Website, including but not limited to, warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, informational content, system integration or accuracy and the express warranty of quiet enjoyment or as to the accuracy or suitability of information, descriptions, guidelines and images on the Website including colour, design and texture samples, descriptions of any materials or products, services, offers, merchants or any other information shown on the Website. Bubbler does not represent or warrant that the Website or its server(s), applications or functionalities are free of viruses or other harmful components, and you bear the entire risk of losses or damages that you may incur or suffer as a result of any use of or visit to this website. Lyndall Taylor does not guarantee continuous, uninterrupted, error-free or secure access to the Website or its services, since the operation of the Website may be interfered with by numerous factors outside of our control.

7. Limitation of Liability

Except to the extent required by the law or as is expressly set out in the Terms, Lyndall Taylor specifically disclaims all or any liability arising from your access to or use of the Website and Content, making any Order or purchasing, and in no event will we, our subsidiaries, affiliates, officers, directors, shareholders, employees or agents be liable for any loss or damage of any kind, including indirect, incidental, consequential, punitive, or special damages or any loss of use, loss of profits or loss of data, whether in an action in contract, tort, strict liability or otherwise (including but not limited to negligence), arising out of or in any way connected with those matters (even if Lyndall Taylor has been advised of the possibility of such damages). In any event, Lyndall Taylor’s total liability to you for damages, losses, and causes of action (whether in contract or tort (including, but not limited to, negligence) or otherwise) will not exceed the amount paid by you, if any, for accessing the Website or purchasing any service.

Our liability for breach of any condition or warranty implied by legislation is, at our option, limited to the replacement of goods, the supply of equivalent goods or the payment of the cost of replacing or acquiring equivalent goods, or to supplying services again or payment of the cost of having services supplied again.

Without limiting the above, you acknowledge that Lyndall Taylor accepts no responsibility or any liability for Orders made by you, and you acknowledge that Instructions are to be strictly observed and followed at its own risk, and we do not accept any responsibility or liability for any information or errors therein provided by you in the Order, or for the redemption or use of any Voucher, including your failure to do all things necessary to ensure the redemption or use or consequences of doing so, are suitable and safe.

You release and forever discharge Lyndall Taylor, its officers, employees and agents from all and any loss, damage or liability (including indirect, special or consequential) excluded under these Terms, including from any third-party claim, except to the extent that any legislation applies and cannot be lawfully excluded.

8. Indemnification

You agree to indemnify and hold harmless Lyndall Taylor and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees or agents from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of the Terms, or your violation of any law or the rights of any party. You also agree to indemnify Lyndall Taylor from any and all damage you may cause Lyndall Taylor, its business, or the Website due to your interaction with the Website including without limitation your contributions, if any to the Website.

You will indemnify and hold harmless, and keep indemnified, Lyndall Taylor, its officers, employees and agents against any loss or damage of any kind that is either excluded under the Terms, including from any third party claim or any property or injury to or death of any person or caused as a result in any way by a breach by you of the Terms, any negligent act or omission or willful misconduct of yours or any claim, suit or action bought against Bubbler as a result of your use of any Voucher, including redemption or use.

This Clause contains continuing separate obligations and it survives termination.

 

9. Termination

Lyndall Taylor reserves the right, without notice and in its sole discretion, to restrict or terminate your ability to use the Website, and to limit, block or prevent access to and use of this Website, including access to and use of your account or orders, without any liability to you. Failure by you to abide by the Terms revokes your authorisation to use the Website and its services, including any license granted.

Until receipt of an Order, we reserve the right to refuse service, terminate an Order or change or remove the Website or Content at its sole discretion and will not be liable for any damages, loss or expenses of any kind, including indirect or consequential loss or damage, suffered or incurred by you in any way (including due to negligence) as a result of the refusal, termination, change or removal, or in connection with your reliance on the Order in any way, other than a refund that is expressly permitted under the Terms.

10. Intellectual Property

You acknowledge Lyndall Taylor is the owner or licensee of all intellectual property rights in the Website and all works and designs therein and nothing in these Terms grants or gives you any intellectual property rights in the Website, works or designs, which to avoid doubt are absolutely assigned to Lyndall Taylor.

Upon contributing or providing content of any kind to the Website, including via third-party sites such as Facebook or Twitter, you immediately grant Lyndall Taylor a license to use it for the purpose for which it was given and for our reasonable promotional or marketing purposes relating to the Website and you acknowledge that this clause if sufficient to give effect to the license. You acknowledge that any contribution you make to or via the Website or other sites, does not in any way give you a right, title or interest in the Content or the Website and you warrant to Lyndall Taylor you have all necessary rights, including copyright, in the content you are contributing and have not granted any rights inconsistent with any rights granted under these Terms, it is not unlawful, defamatory, false or misleading, in violation of laws including privacy, harassment or discrimination, infringing rights, abusive, offensive, obscene or inappropriate, including by being vexatious, provocative, an endorsement or a solicitation and there is currently no claim or dispute with any party about any ownership or use of it. All material published on the Website is at our discretion and may be edited, removed or republished.

11. Updates and Revisions

You acknowledge and agree you will be bound by updates and revisions to these Terms and will have had an opportunity to review them. Lyndall Taylor recommends you periodically visit this page to review and familiarise yourself with all Terms and review the Website generally to familiarize yourself with updates or revisions. We are not obliged to notify you prior to any changes to the Website or Terms. It is your responsibility to check the Website and Terms from time to time.

12. Privacy Policy 

Lyndall Tyalor’s Privacy Policy forms part of these Terms and governs the use of the Website and the collection, use and disclosure of your personal information respectively and by agreeing to the Terms you are also agreeing to the Privacy Policy.

13. General 

These Terms prevail over anything stated on the Website or by Lyndall Taylor, unless it is expressly set out in the other statement that part of it prevails over the Terms.

If either party fails to do anything it is entitled to under these Terms that does not amount to a waiver of that right. Any waiver or variation must be in writing. If any clause or part of a clause is illegal or unenforceable, it is to be treated as removed, but the rest of this document is not affected. Any references to a party include their agents, officers, employees or assigns. These Terms are interpreted under and governed by laws and jurisdiction of the courts of Victoria.

These Terms are an original work protected by copyright and cannot be copied or reproduced without permission in accordance with any applicable copyright laws.