Website Terms & Conditions

Introduction

Vivacity.com.au and vivacity.training (Websites) is owned and operated by Vivacity Consulting Pty Ltd (ABN 40 140 059 016) (Vivacity Consulting). In this policy, “us” “we” or “our” means Vivacity Consulting.

By accessing this Website, you agree to be bound by these Terms and Conditions of Use (Terms of Use). Your access to and use of the Website is subject to these Terms of Use.

These Terms and Conditions (Terms) govern your use of this Site, as well as Vivacity’s products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Vivacity at hello@vivacity.com.au if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Website Content

You understand and agree that all material, information and data accessed or used by, or provided to, you through the Website (the Website Content) is the intellectual property of Vivacity Consulting or any relevant third parties from whom Vivacity Consulting may license that Website Content.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Vivacity Consulting or by the owners of that Website Content, in a separate agreement.

You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.

Acceptance of Terms

By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Vivacity Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at hello@vivacity.com.au and immediately discontinue your use of the products and/or services.

Intellectual Property

Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Vivacity Consulting. Subject to these Terms, Vivacity Consulting grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.

You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Vivacity Consulting’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Vivacity Consulting’s intellectual property or other rights.

Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of Vivacity Consulting. You may not use these trademarks or logos without the express permission of Vivacity Consulting. Any unauthorised use of the trademarks or logos is strictly prohibited.

User Content

If you upload information or content (User Content) in the course of accessing or using the Website, you agree that such User Content will be available to Vivacity Consulting to use in any manner it thinks fit, subject to applicable provisions of the Vivacity Consulting Privacy Policy and any legislation, including, without limitation, the Privacy Act 1988 (Cth). You agree that you will not upload or otherwise provide any User Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Vivacity Consulting considers to be inappropriate;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms;
  • violates any law, statute or regulation;
  • forges information to disguise the origin of any User Content; and
  • encourages or incites any other person to engage in any of the above behaviour.

You grant Vivacity Consulting a non-exclusive, worldwide, perpetual, irrevocably, royalty-free, sub-licensable right to exercise the copyright you have in any User. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in favour of Vivacity Consulting.

Disclaimers

Except as provided by law, the Website is provided “as is” and without any express or implied warranty of any kind.

Vivacity Consulting does not warrant that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, worms, trojan horses or other harmful components.

You acknowledge that your access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Vivacity Consulting’s control.

Vivacity Consulting does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any material on or accessible through the Website.

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Website or the material on or accessible through the Website.

Limitation of Liability

You agree that Vivacity Consulting is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:

  • the use of the Website;
  • the use by Vivacity Consulting of information provided by you to Vivacity Consulting through the Website;
  • being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
  • the use of your Website password by you or any third party to whom you have made the password available.

Subject to the Competition and Consumer Act 2010 (Cth), Vivacity Consulting expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Vivacity Consulting’s sole discretion):

in the case of goods, any one or more of the following:

  1. the replacement of the goods or supply of equivalent goods;
  2. the repair of the goods;
  3. the payment of the costs of replacing the goods or acquiring equivalent goods; or
  4. the payment of the costs of having the goods repaired.

in the case of services:

  1. the supply of the services again; or
  2. the payment of the cost of having the services supplied again.

Indemnity

You indemnify Vivacity Consulting against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Vivacity Consulting, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these Terms; or
  • any breach or inaccuracy in any representations or warranties made to Vivacity Consulting.

Suspension or termination of access

Vivacity Consulting reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Vivacity Consulting believes, in its sole discretion violates any provision of these Terms of Use, violates the rights of Vivacity Consulting or third parties or is otherwise inappropriate.

Links

This Website, including eNewsletters and Updates, may contain links to third party websites. The inclusion of a link does not imply that Vivacity Consulting has endorsed or verified the linked websites. Vivacity Consulting makes no warranty or representation concerning these links or the linked websites and you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

The Website, including e-Newsletters, may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Vivacity Consulting, nor its officers, employees, agents ore related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale of make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

Competitions

Vivacity Consulting may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

Privacy Policy

We are committed to protecting your personal information and meeting the Australian Privacy Principals contained in the Privacy Act 1988 (Cth) (the Act) as amended from time to time. The Vivacity Consulting Privacy Policy can be viewed at https://vivacity.com.au/privacy-policy/

General

Vivacity Consulting reserves the right to amend these Terms of Use at any time without notice to you. Your continued use of the Website after such change constitutes an agreement by you to abide by the Terms of Use, as amended.

If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

These Terms are governed by the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.

These Terms were last updated on 7 October 2020.

For further information on using this site, please contact:

Vivacity Consulting
PO Box 200
Belrose West NSW 2085

PH: 1300 729 455