Terms of Use

In this policy, “us”, “we”, “our”, “site” or “service” means Lyfshort, operators of our mobile services, website and any software provided on or in connection with Lyfshort services.

In this policy, “You” means Lyfshort account user.

These terms of use govern your use of and access to this service.

Lyfshort operates an online platform allowing Users to connect through the Lyfshort Platform with other Users who provide Services.

Please read these terms and all Policies including the Privacy Policy and the Community Guidelines carefully before using the Lyfshort Platform. These Policies are incorporated into this Agreement by reference.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website/application.

These terms were last updated on 9 March 2018.

1. JURISDICTION

These terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these terms.

2. ACCESS

While we make every reasonable effort to ensure that the website/application is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website/application may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website/application and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

3. CONDUCT

You must not use, or attempt to use this website/application:

in breach of any applicable laws of the State of Victoria, Commonwealth of Australia, or local laws in your jurisdiction

to impersonate any person or entity

to solicit money, passwords, personal information or other property from any person or entity

to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity

to publish or facilitate publication of personal information of a third party without their consent

to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so

to publish or facilitate publication of pornographic or offensive material

to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware

to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website/application and prevention of further access without warning or notice.

4. PRIVACY

Please review our Privacy Policy, which also governs your visit to this website/application, to understand our practices.

5. COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website/application.

This website/application may contain material that is protected by copyright, trademark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website/application for your own personal, non-commercial use. Material published on or sourced from this website/application must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

  1. Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
  2. Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).

6. THIRD PARTIES

Certain areas of this website may contain links to external websites/applications.

External websites/applications do not form part of this website/application and are not within our control and we do not accept any responsibility for the contents of any third party website. Any advertising on this website/application should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website/application may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website/application, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

You agree that any content (whether provided by Lyfshort, a User or a third party) on the Lyfshort Platform may not be used on third party sites or for other business purposes without Lyfshort prior permission.

7. LIMITATION OF LIABILITY

Your use of this website/application is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website/application and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website/application.

By continued use of this website/application, you agree that we will not be held liable for any damages of any kind arising from the use of this website/application or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case services supplied or offered via this website/application, our liability will be limited to the amount paid by yourself for those services.

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any service purchased from this website/application beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

8. ADVERTISEMENTS AND PROMOTIONS

Lyfshort may run advertisements and promotions from third parties via the Site related to certain Products or Services, in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site or Services, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Company is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Site or in connection with the Products or Services.

9. MINIMUM AGE AND LEGAL CAPACITY

You must be 13 years of age or over to use this website/application.

Purchasing products or services on this website/application is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.

Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

10. ACCURACY OF PRODUCT DESCRIPTION

All products and services listed on this service are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

  1. Human error in entry of information
  2. Incorrect information provided to us by suppliers or distributors
  3. Failure of suppliers or distributors to supply updated information to us

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

11. PAYMENT

All orders on this service must be pre-paid before fulfilment. All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our 3rd party payment gateway provider in circumstances where this is required.

In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, we do not warrant that the product of service will be held until an alternate payment method is available or the original payment method made to function.

Lyfshort may from time to time change the Fees and the terms applying to their payment. Any change relating to the Fees is effective fourteen (14) days after Lyfshort notifies You of that change by sending a message to your Lyfshort account, or by notifying You the next time you login to the Lyfshort Platform. Lyfshort may choose to temporarily modify the Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to Your account.

All Fees and charges payable to Lyfshort are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.

If Lyfshort introduces a new service on the Lyfshort Platform, the Fees applying to that service will be payable as from the launch of the service.

Lyfshort may use an Escrow Provider to operate the Escrow Account.

In so far as it is relevant to the provision of the Escrow Account, the terms of the Escrow Provider will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.

12. PRICES AND TAXES

Prices are displayed to Australian visitors of this Service (unless otherwise marked) including GST if applicable to the Service, and in Australian Dollars. If Lyfshort determines that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.

13. INTELLECTUAL PROPERTY

Except as expressly provided herein, the Site, Products and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same may violate such laws and the Terms of Use. Except as expressly provided herein, Lyfshort does not grant any express or implied right to use the Products and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Products, Site, Materials or Services or the selection and arrangement of the Products, Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Products, Site or Services, or to otherwise take any action that may infringe on the Intellectual Property Rights of Company.

The trademarks, service marks, logos and URLs (collectively, the “Marks”) displayed on this Site/application are the property of Lyfshort, its licensors or other third parties. You are not permitted to use the Marks without the prior written consent of Lyfshort, its licensors or such third party that may own the Marks.

15. BUSINESS PARTNERS

Lyfshort may enter into agreements with Business Partners and may seek to engage Lyfshort Workers in the provision of Business Services. Lyfshort Workers who agree to perform Business Services for Business Partners acknowledge and agree that Lyfshort and the Business Partner may on-sell Services supplied to third parties for an increased fee.

16. THIRD PARTY SERVICES

Lyfshort may from time to time include Third Party Services on the Lyfshort Platform. These 3rd party Services are not provided by Lyfshort.

Third Party Services are offered to Users pursuant to the third party’s terms and conditions. Third Party Services may be promoted on the Lyfshort Platform as a convenience to our Users who may find the third party Services of interest or of use.

If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.

17. TAX INVOICE

Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct. You are solely responsible to provide a correct email address, Lyfshort cannot guarantee the delivery of a Tax Invoice.

18. VERIFICATION

Lyfshort may use Identity Verification Services.

You agree that Lyfshort Identity Verification Services may not be fully accurate as all Lyfshort Services are dependent on User-supplied information and/or information or verification services provided by third parties.

You are solely responsible for identity verification and Lyfshort accepts no responsibility for any use that is made of an Lyfshort Identity Verification Service.

Lyfshort Identity Verification Services may be modified at any time.

The Lyfshort Platform may also include a User-initiated feedback system to help evaluate Users.

19. PERSONAL INFORMATION AND PRIVACY

Lyfshort will use and protect your data, such as your name, address and credit card information, in accordance with the Lyfshort Privacy Policy, the contents of which are incorporated by reference into the Terms of Use.

20. SECURITY

We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

21. USE OF MATERIALS

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site, subject to the following conditions:

  1. You will not quote or display Materials, or any portions thereof, out of context.
  2. Lyfshort reserves the right to revoke the authorisation to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Lyfshort.
  3. Use of Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
  4. You will not use the Material in any way that infringes the owner’s or any other third party’s rights in and to such Materials.

The rights specified above to view, download and print Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements are protected by law, including trade dress, trademark, copyright, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound, video or image from the Site may be copied or retransmitted unless expressly permitted by Lyfshort. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

Further, Lyfshort acknowledges that some Materials may consist of User Submissions, and Lyfshort does not intend to, nor should these Terms of use be interpreted to, limit your rights in and to your own User Submissions, except with respect to those limited rights granted to Lyfshort as discussed above in the “Contributions to the Site” section.

22. MODIFICATIONS TO THE AGREEMENT

Lyfshort retains the right to modify this Agreement or the Policies (and update the Lyfshort pages on which they are displayed) from time to time. You will be required to monitor this Agreement on our Site from time to time.

When You actively agree to the terms or use the Lyfshort Platform in any manner, including engaging in any acts, the modified terms will be effective immediately.

If You do not agree with any changes to this Agreement (or any of our Policies), You may terminate your Lyfshort account and stop the use of the Lyfshort Services.

23.  NOTICES

Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Lyfshort’s contact address as displayed on the Lyfshort Platform, or to Lyfshort Users’ contact address as provided at registration. Any notice shall be deemed given, if sent by email, 24 hours after email is sent, unless the the email address is invalid or the email is undeliverable, and

Notices related to performance of any third party service must be delivered to such third party as set out in third party service provider terms and conditions. Lyfshort shall not receive ay notices relating to the performance of any third party service or in relation to a third party service provider terms and conditions.

24. MEDIATION AND DISPUTE RESOLUTION

Lyfshort may provide access to a third party dispute service. If such a service is provided, either party may require the other party to submit the third party dispute service if the parties have failed to resolve the dispute directly. Lyfshort confirms that third party dispute service is a third party service and subject to further terms set out for third party services. The Users are responsible for paying any costs associated with the third party dispute service.

Lyfshort has the right to hold any payments subject of a dispute in the Escrow Account, until the dispute has been resolved.

If Lyfshort provides information of other Lyfshort Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Lyfshort against any claims relating to any other use of information not permitted by this Agreement.

25. TERMINATION

Either You or Lyfshort may terminate your account and this Agreement at any time for any reason.

Third Party Services are subject to Third Party Service provider terms and conditions.

Sections 11 (Payment), 7 (Limitation of Liability) and 24 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

If Your account or this Agreement are terminated for any reason then You may not without Lyfshort consent (in its absolute discretion) create any further accounts with Lyfshort and we may terminate any other accounts You operate.

26. GENERAL

The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

This Agreement may be assigned or novated by Lyfshort to a third party without your consent. In the event of an assignment or novation User will remain bound by this Agreement.

This Agreement sets out the entire understanding and agreement between User and Lyfshort with respect to its subject matter.

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