Disclaimer And Terms Of Use

Introduction

1. Cheviot Bridge Limited ABN 16 089 111 124 (CVB) operates the website www.la-vie.com.au (Website) solely for the purpose of providing information to users about “La Vie” branded products and allowing users to share their memorable moments involving “La Vie” branded products.
2. These terms and conditions (Terms of Use) apply to each person (You) that uses the Website.  You should read these Terms of Use carefully before using the Website.  Your right to use the Website is conditional upon Your acceptance and compliance with these Terms of Use.  If You do not accept these Terms of Use You must not continue to use the Website.  By continuing to use the Website You are agreeing to be bound by these Terms of Use.
3. CVB may at any time change any part of these Terms of Use without notice.  It is Your responsibility to regularly check these Terms of Use as Your continued use of the Website will constitute acceptance of any changes to these Terms of Use.

Use of the Website

4. All CVB’s rights with respect to all elements of the Website and content displayed on the Website, including logos, graphics, photographic images, moving images, sounds, illustrations and software (Content) and the general design, layout and source code are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.
5. CVB grants to You a licence to use the Website on these Terms of Use and authorises You to print, copy, reproduce, download and view the Content and User Content (as defined in item 8 below), subject to the Content and User Content being used:
   
   1. in the intended manner; and
   2. for Your own personal non-commercial use.
6. If You want to share any persons User Content that has been posted on the Website with a friend, CVB licences you to send a hyperlink to the User Content or the Website in the manner specified in the Website provided that the User Content is only intended to be used for non-commercial purposes.
7. You must not use any Content or User Content in a manner that would contravene the laws of any country in which the Content or User Content is published.  This includes laws of defamation, obscenity, and blasphemy, and laws protecting rights of privacy and intellectual property.

Submission of User Content

8. If You provide any information or images (User Content) in connection with the Website, You grant CVB a non-exclusive, royalty free, worldwide, perpetual licence to use, modify, reproduce, distribute or otherwise deal with User Content or sub-licence the User Content to others on a royalty-free basis in any manner that CVB deems appropriate (provided that CVB will not sell the User Content to third parties).  You will be deemed to have no proprietary rights or rights of confidentiality in any User Content You provide.
9. You waive all moral rights in the User Content and authorise CVB to:
   1. exercise all of the rights granted to it under these Terms of Use without attributing the User Content to You or by using Your first name only; and
   2. edit, crop, alter or adapt the User Content in any manner that CVB considers necessary.
10. You warrant that:
    1. the User Content belongs to You;
    2. any individuals appearing in the User Content have consented to You providing the User Content to CVB; and
    3. the posting of the User Content on the Website will not infringe the intellectual property rights or privacy rights of any person.
11. You must ensure that the User Content does not contain any obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.  CVB retains the absolute discretion to remove any User Content from the Website that CVB considers to be inappropriate.
12. Once You have submitted User Content You cannot withdraw or retract the posting of the User Content on the Website.

Privacy

13. If You submit User Content to the Website or register to receive invitations or newsletters from CVB, CVB may collect personal information about You.  CVB will handle Your personal information in accordance with the CVB “La Vie” privacy policy.

Links to other websites

14. CVB may include hyperlinks on the Website to other websites not owned, operated or controlled by CVB.  Your use of any website linked to the Website is at Your risk and CVB is not responsible for any content contained on those websites or any loss suffered by You in relation to those websites.

Disclaimer and limitation of liability

15. While CVB uses reasonable efforts to ensure the accuracy and correctness of the Website and the Contents (other than the User Content), CVB makes no representation as to the accuracy, currency, suitability or completeness of any information or links on the Website.
16. CVB does not review User Content prior to it being posted on the Website and makes no representation as to the accuracy, currency, suitability or completeness of the User Content.
17. All Content, User Content, information and links are provided on an "as is" basis.  You undertake the responsibility for assessing its accuracy and suitability and You acknowledge and agree that You rely on them entirely at Your own risk.  CVB does not represent or warrant that the Website will be available on a timely basis.
18. To the fullest extent permitted by the applicable law, CVB excludes all terms, conditions and representations, express or implied, in respect of the Website, Content, User Content and any linked website.
19. To the fullest extent permitted by the law CVB excludes any liability for any losses, costs or damage incurred by You arising out of or related to Your use of the Website, Content, User Content or any linked website.  Any liability of CVB which cannot be excluded or that is not otherwise excluded under this clause is, where permitted by law, limited to the re-supply of the relevant information or services.
20. In no event will CVB (including its directors, employees, licensors, Content providers, affiliates and other representatives) be liable (to the maximum extent permitted by law) for any damages of any kind, including lost profits or direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages based upon or arising out of Your access, use or inability to use, or the performance of the Website or any linked website or the Content or User Content, irrespective of whether CVB has been informed of the possibility of such damages.

Indemnity

21. You are liable for, and indemnify CVB against, all losses, liabilities and costs (including legal costs on a full indemnity basis) incurred by CVB arising directly or indirectly as a result of or in connection with a breach of these Terms of Use by You.

General

22. You may not assign, licence or transfer any rights granted to You or any of Your obligations under these Terms of Use unless You obtain CVB’s prior written permission.  CVB may transfer all or any part of its rights, interests, obligations or liabilities under these Terms of Use by assignment or novation.
23. If any provision of these Terms of Use is held to be unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of these Terms of Use will remain in full force and effect.
24. No failure to exercise, or any delay in exercising, any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
25. These Terms of Use will be interpreted, construed and governed by or in accordance with the law of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning these Terms of Use.