Haluminous Terms & Conditions

 

 

1.     Introduction

a.      The words of these Terms and Conditions shall be given their plain and ordinary meaning unless expressly defined otherwise in these Terms and Conditions.

b.     Access to and use of this website and the goods and services available through this website (hereafter, Services) are subject to the following terms, conditions and notices (hereafter, Terms of Service). By using the Services, you (hereafter, customer) are agreeing to all the Terms of Service, as may be updated from time to time.

c.      Access to this website is permitted on a temporary basis, and Haluminous reserves the right to withdraw or amend the services without notice. Haluminous will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, access to some or all parts of this website may be restricted.

d.     This website may contain links to other websites which are not operated by or affiliated with Haluminous (hereafter, the linked sites). Haluminous has no control over the linked sites and does not accept any responsibility for them or any loss or damage that may arise from their use. Use of the linked sites is subject to the terms and conditions outlined on those sites.

2.     Prohibitions

a.      The customer must not misuse this Website. The customer will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Haluminous will report any such breach to the relevant law enforcement authorities and disclose the customers identity to them.

b.     We 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 website or to your downloading of any material posted on it, or on any website linked to it.

c.      The use of automated systems or software to extract data from this website for commercial purposes, (screen scraping) is prohibited without license.

3.     Intellectual Property, Software, and Content

a.      The intellectual property rights in all software and content made available to the customer on or through the Website remains the property of Haluminous or its licensors and are protected by domestic and international copyright laws and treaties. All such rights are reserved by Haluminous and its licensors. The customer may store, print, and display the content supplied solely for the customers own personal use. The customer is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to the customer or which appears on the Website, nor may the customer use any such content in connection with any business or commercial enterprise.

b.     The customer shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentations supplied by Haluminous or its licensors.

c.      HaluminousTM and [ADD WEBSITE HERE] are trade marks belonging to Haluminous. No license or consent is granted to the customer to use these marks in any way, and the customer agrees not to use these marks or any marks which are colourably similar without the written permission of Haluminous.

4.     Registration

a.      Where the customer registers for any area of this Website, the following terms and conditions apply.

b.     The customer must provide Haluminous with true and accurate registration information. The customer must keep any user name and password allocated to it confidential, and Haluminous is entitled to assume that anyone using that user name and password is the customer.

c.      Haluminous reserves the right to close accounts if the customer is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of Haluminousservices in any way.

d.     If the customer uses multiple accounts for the purpose of disrupting the Website the customer may have action taken against all of their accounts.

e.      The customer shall take all and any responsibility for keeping its login details (including, but not limited to, any usernames, passwords, and other relevant information) secure and/or protected.

5.     Privacy

a.      Participants are taken to have read and understood Haluminous privacy policy, and this policy is taken to apply to any information referred to and/or governed by these Terms and Conditions.

6.     Communication

a.      Haluminous is registered at ADDRESS

b.     Haluminous can be contacted in the following ways:

i.    EMAIL

ii.  PHONE

7.     General

a.      These Terms and Conditions (together with any documents referred to herein or required to be entered into pursuant to these Terms and Conditions, including without limitation any booking form) contains the entire agreement and understanding between Haluminous and the customer and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these Terms and Conditions and any such document.

b.     Participants acknowledge that in agreeing to these Terms and Conditions they have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms and Conditions.

c.      These Terms and Conditions shall not create, nor shall they be construed as creating, any partnership or agency relationship between Haluminous and any customer.

d.     Participants are not permitted to re-sell, transfer, assign or otherwise dispose of any of their rights or obligations arising under these Terms and Conditions.

e.      These Terms and Conditions and the rights and obligations of both parties shall be governed by, and construed in accordance with, the laws of the Commonwealth of Australia and both parties irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales in respect of any dispute which arises hereunder.

f.      If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

g.     Failure of Haluminous to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

h.     These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Haluminous.

8.     Waiver

a.      Failure of either Party to insist upon strict performance of any provision of this or any other Agreement or the failure of either Party to exercise any right or remedy to which it is entitled shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any other Agreement.

b.     No waiver of any of the provisions of this or any other Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

9.     Notification of Changes

a.      Haluninous reserves the right to change these Terms and Conditions from time to time as it sees fit and the customers continued use of the Website will signify its acceptance of any adjustment to these terms.

b.     If there are any changes to Haluminousprivacy policy, Haluminous will take reasonable steps to ensure these changes are immediately communicated to the customer. Any changes to Haluminousprivacy policy will be communicated to the participant at least 30 days before those changes are effected.

c.    Haluminous only accepts responsibility for taking reasonable steps to notify the participant of changes to its privacy policy. It does not accept responsibility for any neglect on the part of the participant in respect of that notification. The participant acknowledges its responsibility to regularly check for correspondence from Haluminous regarding changes in its privacy policy.

10. Disclaimers

a.      Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Haluminous and the customer should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Haluminous.

b.     All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms of Service or their subject matter, not contained in these Terms of Service, are excluded from these Terms of Service to the maximum extent permitted by law.

c.      Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

d.     In particular our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

e.      If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and Haluminous is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability of Haluminous for breach of the Non-Excludable Provision is limited to one or more of the following at Haluminousoption:

i.    in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or 

ii.  in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

f.      Subject to Haluminousobligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Haluminous is not liable for, and no measure of damages will, under any circumstances, include:

i.    special, indirect, consequential, incidental or punitive damages; or

ii.  damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

11.   Links to the Website

a.      The customer may link to Haluminoushome page, provided it does so in a way that is fair and legal and does not damage Haluminousreputation or take advantage of it, but the customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on Haluminouspart where none exists.

b.     The customer must not establish a link from any website that is not owned by the customer.

c.      This Website must not be framed on any other site, nor may the customer create a link to any part of this Website other than the home page. Haluminous reserves the right to withdraw linking permission without notice.

12.   Indemnity

a.      The customer agrees to indemnify, defend and hold harmless Haluminous, its directors, officers, employees, consultants, agents, and affiliates, from any and all third part claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from the customers use of the Website or the customers breach of these Terms and Conditions.

13.   Variation

a.      Haluminous shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Website.