Terms of use for this website.

Luminary Partners Website Terms of Use

Welcome to the website of Luminary Consulting Group Pty Ltd trading as "Luminary Partners" (ABN 84 631 651 913) ("we", "us" or the "Proprietor").

This website is located on the web via the domain https://www.luminarypartners.com.au/ and includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Proprietor and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at luminarypartners.com.au/privacy-policy), which is incorporated by reference into these Website Terms of Use.

Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:

you breach any provision of these Website Terms of Use;

the Proprietor is unable to verify or authenticate any information that you provide to us; or

the Proprietor believes that your actions may cause damage and/or legal liability to the Proprietor, any of its customers or suppliers or any other person.

Indemnity

You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

any material or information that you submit, post, transmit or otherwise make available through this site;

your use of, or connection to, this site; or

your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Registration and account security

This section only applies in the event registration is offered on this site.

Requirement for registration

The Proprietor reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Proprietor will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Proprietor will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify the Proprietor immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this site, you must agree to these Website Terms of Use and provide the Proprietor with:

a valid email address;

accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and

any other information that may be required by the Proprietor during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to the Proprietor that all information provided to the Proprietor by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

The Proprietor reserves the right to accept or reject any application for registration of an account with this site at its discretion.

Intellectual property

this site;

all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

all software, systems and other information owned or used by the Proprietor in connection with this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of the Proprietor or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Proprietor or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and noncommercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks and copyright in website

The Proprietor’s logo and the phrase "Luminary Partners" are trademarks of the Proprietor, and the business name “Luminary Partners” is registered to the Proprietor. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Proprietor. These trademarks, service marks, copyright, and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Proprietor.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

this site will meet your requirements or expectations;

anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;

the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;

errors or defects will be corrected; or

this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor's sole discretion):

in the case of goods, to any of the following:

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; and

in the case of services:

the supply of the services again; or

the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Proprietor may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Proprietor excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Proprietor, and the Proprietor shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

these Website Terms of Use may not be construed adversely against the Proprietor solely because the Proprietor prepared them;

the singular includes the plural and vice-versa;

a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

The Proprietor may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Proprietor's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

The Proprietor may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Proprietor to act with respect to a breach by you or others does not waive the Proprietor's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Proprietor reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site. You may only vary or amend these Website Terms of Use by written agreement with the Proprietor.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them