Privacy Policy

 

 

Lucy Quick (www.lucyquick.com) understands the importance of your personal privacy.   Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us under Australia’s consumer laws.  The Privacy Policy below discloses our practices regarding information collection and usage website located at www.lucyquick.com, the related mobile website, and the mobile application (collectively, the “Websites”) and the service provided thereon (the “Service”).

 

 

By using or accessing the Websites and the Service, you signify your agreement to be bound by this Australian Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

 

 

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

 

 

•       The information we collect and why we collect it;

•       How we use that information;

•       How we share information; and

•       The choices we offer.

 

 

Personally Identifiable Information That We Collect:

 

 

We may ask you for, or you may voluntarily submit, personally identifiable information when you are using the Service. The personally identifiable information which you may provide to us could include, but is not limited to:

 

 

·        Your name

·        Your contact information (including, without limitation, address and email address);

·        Your IP address; and

·        Other personal information.

 

 

Non-Personal Or Aggregate Information That We Collect:

 

 

When you access our Service, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on  the  Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.

 

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists.  If you believe that we have inadvertently collected your personal information, please notify us at hello@lucyquick.com

 

 

 

Information Usage:

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

 

 

  • We may share your personally identifiable information collected in connection with providing the

  • Service.

  • We may use your personally identifiable information to respond to your inquires or requests.

  • We may use your personally identifiable information to send you emails from time to time about our services, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.

  • We may share your personally identifiable information with third parties (collectively, the “Third Party Vendors”) to further the purpose for which you provided such information to us. For example, we may share your information with Elastic Email, for the purpose of sending emails. We urge you to read the privacy practices of all of our Third Party Vendors before submitting any personally identifiable information through the Service.

  • We may disclose personally identifiable information as required by Australian law or legal process.

  • We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.

  • We may transfer your personally identifiable information in connection with the sale or merger

  • or change of control of www.lucyquick.com or the division responsible for the services with which your personally identifiable information is associated.

  • We may share your personally identifiable information with an affiliate of www.lucyquick.com who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.

  •  

 

Non-personally identifiable or aggregate information may be used by us for any purposes permitted by Australian law and may be shared with any number of parties, provided that such information shall not specifically identify you.

 

Will Lucy Quick send me emails?

Yes www.lucyquick.com will contact you with information about product announcements, software updates, and special offers when you sign up to the newsletter or download a freebie or cheat sheet. You may opt-out of such communications at any time by clicking the “unsubscribe” link found at the bottom of our emails and changing your contact preferences.

 

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear  gifs,  web  beacons,  tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service. We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below.  In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service.  You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

 

 

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

 

 

Analytics and Conversion Tracking:

We may use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted  to  and  stored  by  analytics  service  providers  on  their  servers.  Those  service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

 

 

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

 

 

For example, we use cookies on our site for Google Analytics (the “Analytics Service”). The Analytics Service is a web-based analytics tool that helps website owners understand how visitors engage with their website. The Analytics Service customers can view a variety of reports about how visitors interact with their website so that they can improve it.

 

 

Like many services, the Analytics Service uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

 

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

 

 

The Analytics Service collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Service without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

 

 

We may also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

 

 

Automatically Collected Information:

 

When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using cookies and other types of tracking technologies. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Service, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Service, and other similar information. Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information. In Australia you are protected by IP legislation and intellectual property laws.

 

Security:

 

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access.   However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access  by  third  parties such as hackers and your use of our Service demonstrates your assumption of this risk.  We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your  information  in  order  to  perform  their  duties  are  authorized  to  have  access  to  your personally identifiable information. For more information on protecting your privacy, please visit [https://www.oaic.gov.au/privacy-law/privacy-act/].

 

 

Your Disclosures In Blogs And Other Social Media:

 

 

You should be aware that personally identifiable information which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses

 

of your personally identifiable information, and by using the Service or any other online services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

 

 

If you login to the Websites and/or Service through your Facebook account, connect to a third party service such as Facebook or Twitter through an icon or link on the Service or otherwise link your www.lucyquick.com account with a third party service, we may share the contents of your post  and  associated  information  (such  as  your  user name, the fact that your connection originated from the Service, and other relevant usage and diagnostic information) with such third party.  With your one-time consent, we may also send information about the content you watch and your activities on the Service to such third parties. Once such information is shared, the use of your information will be subject to that service's privacy policy and this Privacy Policy will not apply.

 

 

Protection for Children:

 

 

We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance  with  the  Children’s  Online  Privacy  Protection  Act  (“COPPA”)  and  appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

 

 

Other Services:

 

 

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.

 

 

Changes to this Privacy Policy:

 

 

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.   However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Australian Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses.   Your continued use of the Service and our services following the posting of any changes to this Australian Privacy Policy means you accept such changes.

 

 

Opt-Out Process:

 

 

All unsubscribe or opt-out requests may be made by clicking the “unsubscribe” link at the bottom of the relevant email. We will process your request within a reasonable time after receipt. However, we are not responsible for, and in some cases we are incapable of, removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent.  You should contact such third parties directly.  If you would like to update or correct any personally identifiable information that you have provided to us, please email us at hello@lucyquick.com and once we confirm your information, we will update such information within a reasonable amount of time.

 

 

Communications with www.lucyquick.com

 

 

By providing your contact information to us (including, without limitation, your email address, physical address, and phone number) (collectively the “Channels”) to us, you expressly consent to receive communications from us.  We may use the Channels to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your contact information to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

 

 

By using the Service, you expressly consent to receive in-product communications from us

(including, without limitation, push notifications on the App).

 

 

By providing your phone number to us, you expressly consent to receive phone calls and/or text messages from us. We will not give your phone number to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

 

 

Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of phone and/or text communications from www.lucyquick.com

 

 

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.   Except to the extent expressly covered by this Australian Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that  we  are  free  to  use  any  ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such

 

communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

 

 

Site Terms of Use:

 

 

Use of this Service is governed by, and subject to, the Terms of Use located at below (the “Terms”). This Privacy Policy is incorporated into the Terms.   Your use, or access, of the Service constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THE TERMS AND THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.

 

 

Servers:

 

 

Our servers  are  maintained  in  Australia.    By using the Service, you freely and specifically give us your consent to export your personally identifiable information to Australia and to store and use it in Australia as specified in this Privacy Policy.  You understand that data stored Australia may be subject to lawful requests by the courts or law enforcement authorities in Australia.

 

 

 

Contact:

 

 

For    questions    or    concerns    relating    to    privacy,    we    can    be    contacted    at

hello@lucyquick.com

 

 

Effective Date:

This Privacy Policy was last updated on April 15th 2020

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to lucyquick.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

1.2. The Website is operated by Lucy Quick . Access to and use of the Website, or any of its associated Products or Services, is provided by Lucy Quick. Please read these terms and conditions (the '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 usage of the Website, or any of Services, immediately.

1.3. Lucy Quick reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lucy Quick updates the Terms, it will use reasonable endeavours 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 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 Lucy Quick in the user interface.

3. Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) Email address (b) Preferred username (c) Telephone number

3.2. You warrant that any information you give to Lucy Quick in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Lucy Quick; or (b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by: (a) the Terms; (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services; (d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lucy Quick of any unauthorised use of your password or email address or any breach of security of which you have become aware; (e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Lucy Quick providing the Purchase Services; (f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Lucy Quick for any illegal or unauthorised use of the Website; and (h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

​5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

5.2. Payment of the Purchase Price may be made through Stripe, Paypal (the 'Payment Gateway Provider') In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.3. Following payment of the Purchase Price being confirmed by Lucy Quick, you will be issued with a receipt to confirm that the payment has been received and Lucy Quick may record your purchase details for future use.

5.4. Lucy Quick may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

 6.1. Lucy Quick's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

6.2. You may make a claim under this clause (the ' Warranty Claim ') for material defects and workmanship in the Products within ...... from the date of purchase (the ' Warranty Period').

6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Lucy Quick showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Lucy Quick at 1/44 Laura Street, Aspendale , Victoria, 3195 or by email at .......

6.4. Where the Warranty Claim is accepted then Lucy Quick will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

6.5. The Warranty shall be the sole and exclusive warranty granted by Lucy Quick and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services and all of the related products of Lucy Quick 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Lucy Quick or its contributors.

7.2. Lucy Quick 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 to you: (a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Lucy Quick; or (b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

7.3. You may not, without the prior written permission of Lucy Quick and the permission of any other relevant rights owners: broadcast, republish, up-load 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. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.

8. Privacy Lucy Quick takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Lucy Quick's Privacy Policy, which is available here.

 

9 General Disclaimer

9.1. You acknowledge that Lucy Quick does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

9.2. Lucy Quick will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

9.3. Nothing in these 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.

9.4. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) Lucy Quick 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.5. Use of the Website, the Purchase Services, and any of the products of Lucy Quick is at your own risk. Everything on the Website, the Purchase Services, and the Products of Lucy Quick, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Lucy Quick make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Lucy Quick) 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: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User's convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

10.1. Lucy Quick's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Lucy Quick is the resupply of information or Purchase Services to you.

10.2. You expressly understand and agree that Lucy Quick, its affiliates, employees, agents, contributors, third party content providers 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.

10.3. Lucy Quick is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Lucy Quick, by third parties or by any of the Purchase Services offered by Lucy Quick.

11. Termination of Contract

 11.1. The Terms will continue to apply until terminated by either you or by Lucy Quick as set out below.

11.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Lucy Quick via the 'Contact Us' link on our homepage. (a) notifying Lucy Quick at any time; and (b) closing your accounts for all of the Purchase Services which you use, where Lucy Quick has made this option available to you.

11.3. Lucy Quick may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Lucy Quick is required to do so by law; (c) the partner with whom Lucy Quick offered the Purchase Services to you has terminated its relationship with Lucy Quick or ceased to offer the Purchase Services to you; (d) Lucy Quick is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (e) the provision of the Purchase Services to you by Lucy Quick is, in the opinion of Lucy Quick, no longer commercially viable.

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

11.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Lucy Quick have benefited 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.

12. Indemnity

12.1. You agree to indemnify Lucy Quick, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) 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 any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.

Dispute Resolution

13.1. Compulsory: 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).

13.2. Notice: 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.

13.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must: (a) Within 14 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; (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 Australian Mediation Association or his or her nominee; (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; (d) The mediation will be held in Melbourne. Australia , Australia. 13.4. Confidential 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.

13.5. Termination of Mediation: If 2 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.

14. Venue and Jurisdiction The Purchase Services offered by Lucy Quick 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 Victoria, Australia.

15. Governing Law The Terms are governed by the laws of Victoria, 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 Victoria, 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.

16. Independent Legal Advice 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.

17. Severance 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.

©2020 by Lucy Quick

Privacy Policy & T&Cs

Images by Francesca Laude @francescalaude_photographer