TERMS OF SERVICE

1.  About the Website

1.1. Welcome to 52.237.210.211 (‘Website’). The Website is intended to give information on the services and practices of Spectra Lifestyle                           (‘Services’).

1.2. The Website is operated by Spectra Lifestyle (NC (WA) PTY. LTD, ABN 98 124 894 980) . Access to and use of the Website, or any of its associated Products or           Services, is provided by Spectra Lifestyle. Please read these terms and conditions (‘Terms’) carefully. By using, browsing and/or reading the Website, this                 signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease use of the Website, or any        of  its services, immediately.

1.3. Spectra Lifestyle reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Spectra Lifestyle updates the               Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date             of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made                available to you by Spectra Lifestyle in the user interface.

 

3. Copyright and Intellectual Property

3.1. The Website, the content and all of the related products of Spectra Lifestyle are subject to copyright. The material on the Website is protected by copyright              under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of              the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive          features) or the content are owned or controlled for these purposes, and are reserved by Spectra Lifestyle or its contributors.

3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Spectra Lifestyle, who grants to you a worldwide,                                         non-exclusive, royalty-free, revocable license whilst you are a Member to:

3.2.1. Use the Website pursuant to the Terms;

3.2.2. Copy and store the Website and the material contained in the Website in your device’s cache memory; and

3.2.3. Print pages from the Website for your own personal and non-commercial use.

Spectra Lifestyle does not grant you any other rights whatsoever in (3.2.1) use the Website pursuant to the Terms; (3.2.2) copy and store the Website and the material contained in the Website in your device’s cache memory; and (3.2.3) print pages from the Website for your own personal and non-commercial use. relation to the Website or the content. All other rights are expressly reserved by Spectra Lifestyle.

3.3. Spectra Lifestyle retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer          any:

3.3.1. Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

3.3.2. A right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

3.3.3. A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or                 process),

to you.

3.4. You may not, without the prior written perm of Spectra Lifestyle and the permission of any other relevant rights owners: broadcast, republish, upload to a              third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless                          otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public              domain.

4. Privacy

4.1. Spectra Lifestyle takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Spectra Lifestyle’s          Privacy Policy, which is available on their Website.

 

5. General Disclaimer

5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian                     Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2. Subject to this clause 5, and to the extent permitted by law:

5.2.1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

5.2.2. Spectra Lifestyle will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable                     resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in                           connection with the content or these Terms (including as a result Use of the Website and the content is at your own risk. of not being able to use the               content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or                         otherwise.

5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without                      warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Spectra Lifestyle make any                  express or implied representation or warranty about the content or any products or content (including the products or content of Spectra Lifestyle) referred          to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

5.3.1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or             other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized                   access to records;

5.3.2. The accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party                         material and advertisements on the Website);

5.3.3. Costs incurred as a result of you using the Website, the content or any of the products of Spectra Lifestyle; and

5.3.4. The content or operation in respect to links which are provided for your convenience.

 

6. Limitation of liability

6.1. Spectra Lifestyle’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including                  negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2. You expressly understand and agree that Spectra Lifestyle, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any                    direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability.              This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other              intangible loss.

6.3. You acknowledge and agree that Spectra Lifestyle holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which               may be incurred by you as a result of providing Your Content to the Website.

7. Termination of Contract

7.1. If you want to terminate the Terms, you may do so by providing Spectra Lifestyle with 14 days’ notice of your intention to terminate by sending notice of          your intention to terminate to Spectra Lifestyle via the ‘Contact Us’ link on our homepage.

7.2. Spectra Lifestyle may at any time, terminate the Terms with you if:

7.2.1. You have breached any provision of the Terms or intend to breach any provision;

7.2.2. Spectra Lifestyle is required to do so by law;

7.2.3. Spectra Lifestyle is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use                         the service; or

7.2.4. The provision of the Services to you by Spectra Lifestyle, is in the opinion of Spectra Lifestyle, no longer commercially viable.

7.3. Subject to local applicable laws, Spectra Lifestyle reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its             sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law          or if your conduct impacts Spectra Lifestyle’s name or reputation or violates the rights of those of another party.

7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Spectra Lifestyle have benefitted from, been subject to (or                 which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and         the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

 

8. Indemnity

8.1. You agree to indemnify Spectra Lifestyle, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

8.1.1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or                     arising out of or in connection with Your Content;

8.1.2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

8.1.3. any breach of the Terms.

 

9. Dispute Resolution

9.1. Compulsory:

9.1.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless               the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2. Notice

9.2.1. A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the              dispute, the desired outcome and the action required to settle the Dispute.

9.3. Resolution:

9.3.1. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must

9.3.1. (a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which                           they may mutually agree;

9.3.1. (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon                             selection of a mediator or request that an appropriate mediator be appointed by the President of the Supreme Court of Western Australia or                     their nominee;

9.3.1. (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without                           limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties                   must each pay their own costs associated with the mediation;

9.3.1. (d) The mediation will be held in Perth, Australia.

9.4. Confidential

9.4.1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential               and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

9.5.  Termation of Mediation

9.5.1. If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to                     terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction 

10.1. The Services offered by Spectra Lifestyle is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the                  Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

11. Governing Law

11.1. The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in                any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western                Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not                          contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice 

12.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain                            independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of                      restraint of trade.

13. Severance

13.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms                  shall remain in force.

If you have any questions in regard to our Terms of Service please contact our privacy officer at privacy@hawkwebsolutions.com.au