Terms of Use
Terms of Use Agreement
Welcome to Living Waters Down Under terms of use agreement. By using this website you agree to be bound by the Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). If you wish to become a Member and communicate with other Members and make use of the service (the “Service”), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified from time to time, such modifications to be effective upon posting on the Website.
1. Eligibility.
You must be eighteen or over to register as a member or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt of your written or email notice of termination. Likewise Living Waters Down Under may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide. If Living Waters Down Under terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement. All registered users will automatically be included in our Weekly Newsletter. You can unsubscribe at any time after you receive your first Newsletter.
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Living Waters Down Under in connection with any use (whether authorised or unauthorised) of your user name or password.
3. Non Commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organisations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights.
Living Waters Down Under own and retain all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that Living Waters Down Under may review and delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of Living Waters Down Under violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
c. By posting Content to any public area you automatically grant, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Living Waters Down Under reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
# is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
# harasses or advocates harassment of another person;
# involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
# promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
# promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
# contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
# provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
# provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
# solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
# engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Living Waters Down Under cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Living Waters Down Under reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Living Waters Down Under deems appropriate in its sole discretion.
6. Copyright
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
7. Subscription.
You may only sign up for 1 subscription to Living Waters Down Under.
8. Member Disputes.
You are solely responsible for your interactions with other Living Waters Down Under Members. Living Waters Down Under reserves the right, but has no obligation, to monitor disputes between you and other Members.
9. Privacy.
Use of the Website and/or the Service is also governed by our Privacy Policy. Living Waters Down Under takes the utmost precautions to protect user information and will not disclose or divulge your personal information to any external organisations.
10. Disclaimers.
Living Waters Down Under is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilised in the Service. Living Waters Down Under is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Living Waters Down Under assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications. Living Waters Down Under is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Living Waters Down Under be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Living Waters Down Under expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Living Waters Down Under cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
11. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Living Waters Down Under be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Living Waters Down Under has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Living Waters Down Under liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Living Waters Down Under for the Service during the term of membership.
12. Australian Export Controls.
Software from this Website (the “Software”) is further subject to Australian export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
13. Disputes.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of Victoria, Australia without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in  Victoria, Australia.
14. Indemnity.
You agree to indemnify and hold Living Waters Down Under, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
15. Returns & Exchange.
We try to provide as much information as feasible about our products to give you the best idea of what you are purchasing. We don’t generally give refunds if you simply change your mind. You can always ask us questions about products via our contact page if your not sure about something. Refunds will only be given on orders that are cancelled before posting has occurred or on products that arrive already damaged or faulty. In the case of damaged or faulty products you will need to return the item(s) to receive a refund. All shipping and handling charges are purchaser’s responsibility and are not refundable. If items received are incorrect (not what you ordered) or faulty, Living Waters Down Under will provide a replacement at no additional cost to the customer. If you have any questions regarding this policy or other questions, don’t hesitate to contact us.
16. Prices & Payment.
For each online order, you must pay the applicable price for the relevant goods, and the delivery and handling fee, as specified on the web site at that time. Your order and credit card details are safe and securely protected by PayPal or the credit card provider. No credit details are stored in our database/website. We are unable to accept cash on delivery charges. The payment must be made in full and must be cleared before the goods are dispatched. All payments on our Australia store are processed in Australian dollars and converted to the local currency by your credit card provider. All payments on our New Zealand store are processed in New Zealand dollars. The total amount in foreign currency may vary slightly depending on the fees charged and exchange rate used by the credit provider.
17. Pictures
Living Waters Down Under makes every attempt possible to reflect the true image and colour of the products in the pictures presented. The accuracy of pictures displayed is also dependant on the type of monitor used and the computer setting.
18. Import Taxes
Some international orders might be subject to import taxes/duties and customs clearance fees. For information regarding such fees, please contact your local customs authority. Any such fees are the responsibility of the parcel recipient and are not paid by Living Waters Down Under.
19. Liability
Any liability of Living Waters Down Under in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Living Waters Down Under be limited to: (1) in relation to goods, the replacement of the goods or the supply of equivalent goods; and (2) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
20. Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. Living Waters Down Under may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
21. Applicable Law
All purchases, and these terms and conditions, are subject to the laws of Victoria, Australia.
22. Other.
This Agreement, accepted upon use of the website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Living Waters Down Under regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
