TERMS AND CONDITIONS

Introduction

These Terms and Conditions govern your use, and access to the Sites:

a.  New Life Design website at www.newlifedesign.com.au (Website); and

b.  any social media website or page, containing pages or content created by, or associated with New Life Design, including, but not limited to Facebook, Instagram, LinkedIn

Terms

1. By using any one or more of the Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Sites immediately.

Privacy Policy

2. With these Terms and Conditions, the Privacy Policy also applies to you and your use of the Sites. Please ensure you read the Privacy Policy in conjunction with these Terms and Conditions. By accessing the Sites you are deemed to have read and agree to be bound by the Privacy Policy in conjunction with these Terms and Conditions. In addition, if you are purchasing goods from the Website (“Goods”) you should ensure you read the The Online Pruchase Terms and Conditions as these will govern the purchase of any Goods you make.

Intellectual Property

3.  Unless otherwise stated, New Life Design is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to New Life Design, or the Goods on the Sites. This includes without limitation all intellectual property rights in respect of the logo, all text, and some graphics, established by New Life Design and its agents as well as any downloads that may be offered on the Sites. New Life Design’s ownership in such intellectual property is protected by Australian law.

4.  All New Life Design content on the Sites is protected. All such rights are reserved.

5.  For the avoidance of doubt, “New Life Design”, “Become a Change Agent”, “Personal Pro-Planner”, are intellectual properties of New Life Design.

License of Use

6.  New Life Design gives permission to use the Sites only with the purpose of learning about New Life Design services and products, as well as purchasing the later.

7.  Under no circumstances, without the prior written approval of New Life Design, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Sites. You shall not collect data and use extraction tools or software, or framing methods to gather information from the Sites without New Life Design’s express prior permission. You may not utilise any meta-tags or other hidden text which include New Life Design’s name or any of its intellectual property without New Life Design’s express prior permission.

8.  You agree to fully indemnify New Life Design for any loss or damage it may suffer in contract, tort, equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against New Life Design its any related parties, including owner, contractors or agents, that may arise as a result of your breach of the License to use this site.

Content

9. While New Life Design seeks to take all reasonable and appropriate care in the preparation of the content on the Sites and has no reason to believe that any information contained on the Sites is inaccurate, New Life Design does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free.

10.  New Life Design does not undertake to keep the Sites updated, New Life Design does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of New Life Design.

Use of Sites and Posting Policy

11. You must not misuse the Sites and only use it for lawful purposes. You will not use the Sites (including any of New Life Design social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which:

a. breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes

b. interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites

c. is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings

d. commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful

e. that hacks or disables any part of the Site to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site

f. provide false information when registering or changing your registration details

12. New Life Design will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.

13.  The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Posts”) on any of the Sites:

a. New Life Design reserves the right without notice or explanation to:

i. not allow any specific Post; and
ii. edit any specific Post; or
iii. remove any Post;

b. You agree to indemnify New Life Design on demand for any loss or costs of whatever nature suffered by New Life Design whether direct or consequential as a result of any breach by you of the notices above.

14.  New Life Design has stringent policies, which govern Posts on the Sites by users. These policies are intended to ensure that only fair & relevant comments and statements are posted by users. If you believe that any Post included on any of the Sites is inaccurate or inappropriate then please contact us immediately and we will do our best to resolve the issue.

15.  Unless explicitly stated otherwise the comments or statements posted on the Sites by others do not represent the opinions of New Life Design regardless of whether New Life Design may have edited or formatted such comments or statements in the course of their being posted on the Sites.

16.  New Life Design requires that you obtain the prior written approval of New Life Design before providing any link to the Website. Where such approval is given, you further agree that you will not use New Life Design logo or intellectual property as part of such link without the express prior approval of New Life Design.

Linked Websites and Third Party Information

17.  The Sites may contain links to other websites (“Linked websites”). Those links are provided for convenience only and may not remain current or be maintained. New Life Design is not responsible for the content or privacy practices associated with linked websites. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.

18.  Linked Websites do not operate under these Terms and Conditions except in relation to pages or content established by, or associated with New Life Design. New Life Design recommends that you examine the privacy statements posted on those Linked Websites to understand their procedures for collecting, using, and disclosing personal information and other information.

19. New Life Design does not necessarily endorse the products or services referred to in the information.

Liability

20.  New Life Design makes no representations or warranties of any kind, express or implied as to the operation of our Sites or the information, content, materials or products included on our Sites, except as otherwise provided under applicable laws. 

21.  Neither New Life Design, nor its owner, associates, agents, contractors will be liable for any damages arising out of, or in relation to, the use of our Sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.

22.  You assume all risk of use of all features of a Site. You release New Life Design of all responsibility for any consequences of their use.

23.  By continuing to access our Sites you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.

24.  Our Sites and their contents are provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus- free.

25.  To the fullest extent permitted by law, in relation to your access and use of the Sites any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.

26.  New Life Design further notes that the information accessed through the Sites is to inform you of New Life Design’s range of services, products and their use. New Life Design does not engage in offering professional counseling, psychiatric, medical or health advice offline and / or online. Information provided by New Life Design and accessed through the Sites is not intended to be complete or to counsel, diagnose or treat a health problem or disease. If you have a health problem or suspect you have a health problem, please consult your health care professional first.

27.  Under no circumstances will New Life Design, its owner, associates, agents, contractors be liable to you in contract, tort, equity, statue, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Sites or in respect of any failure or omission on the part of New Life Design to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Sites.

Waiver

28.  If New Life Design waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Breach

29.  In the case of a breach of these Terms and Conditions by you or any other person, New Life Design is free to decide whether it wishes to take action for such breach, and if so when and how. New Life Design will not be prevented by passage of time or any other matter, from exercising its rights.

No Assignment

30.  You may not assign any of your rights or obligations pursuant to these Terms and Conditions.

Jurisdiction

31.  The Sites are governed by and are to be interpreted in accordance with the laws of Queensland, Australia and in all matters relating to or arising from your use of the Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.

32.  The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.

Amendments & Termination

33.  New Life Design may amend these Terms at any time. By continuing to use the Sites you consent to any amendments. It is your responsibility to regularly check these Terms for any amendments.

34.  At any time, we may, in our sole discretion, suspend or terminate the access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities.

35.  New Life Design may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Sites breaches these Terms, or any applicable laws.