Terms & Conditions
These terms and conditions were last updated on 12 February 2021.
In these terms and conditions, “we”, “us” and “our” means Lacima Group Pty Limited (ABN 54 097 353 994). Please read these terms and conditions carefully as they apply to your use of our web pages, website and any associated materials or content (the “Website”). Certain parts of these terms and conditions also apply to any goods or services (including books and training courses) that we make available via our website (“Associated Goods and Services”). By using the Website or purchasing any Associated Goods and Services you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
1. Client Portal
You may be required to register with us in order to access certain parts of the Website through our Client Portal. Where you are required to register:
a) you must provide us with accurate, complete and updated registration information;
b) we may choose whether to accept or reject any application for registration in our sole discretion;
c) you must safeguard any user name and password which we provide to you;
d) you authorise us to assume that any person using the Website with your user name and password is either you or is authorised to act for you; and
e) you agree to immediately notify us of any unauthorised use of your user name and password.
2. Licence to use the content on the Website
a) You acknowledge that the Website is subject to copyright and possibly other intellectual property rights
b) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes and only for these purposes.
c) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Website in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
3. Use of the Website is at your own risk
a) You use the Website at your risk. You must evaluate and bear all risks associated with the use of the Website, including reliance on the accuracy, completeness or usefulness of any material or content forming part of the Website. In particular
i) we endeavour to provide a convenient and functional Website, but we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server that operates the Website is free of viruses or other harmful components; and
ii) while we attempt to keep information on the Website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Website.
b) If your use of the Website results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
c) Without limiting the above provisions, to the extent permitted by law, everything on the Website and all of the Associated Goods and Services are provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations, warranties and conditions to the fullest extent permissible under applicable law. Nothing in these terms and conditions excludes, restricts or modifies any representation, warranty, condition, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified.
4. Variation and cancellation
We may, in our sole discretion and at any time:
a) vary, modify or discontinue, temporarily or permanently any or all of the Website; or
b) revoke the permission referred to in clauses 2(b) and (d) and/or cancel your registration, and suspend or deny your access to all or any portion of the Website.
5. Links and advertisements
We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
7. Limitation of liability
a) To the maximum extent permitted by law all express or implied guarantees, warranties, representations and other terms and conditions of any kind relating to this Website or its subject matter not contained in these terms and conditions are expressly excluded.
b) Nothing in these terms and conditions 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.
c) If any guarantee, warranty, term or condition is implied or imposed in relation to these terms and conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
i) in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and
ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.
d) Subject to paragraph (b), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter (including the Website and any Associated Goods and Services), whether in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100.
a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
b) These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
c) These terms and conditions constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
d) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.
f) The term “including” when used in these terms and conditions is not a term of limitation