Terms of Use, Disclaimer, Privacy Policy & End User License Agreement (EULA)
Acceptance by you of these terms
1.1
Your use of Luke Feldman Group Pty Ltd ("LFG" or "us") websites, web pages, products and services, including all discussions, chats, postings, bulletin boards and the like facilitated by us through such sites or otherwise ("Luke Feldman Group Pty Ltd Services") is subject to these Terms of Use, Disclaimer, Privacy Policy and EULA.
1.2
You must not use a Luke Feldman Group Pty Ltd Service if you do not agree to these terms. You accept these terms by clicking 'I agree' or 'I accept' or similar where that option is presented to you. Otherwise, we will treat your use of a Luke Feldman Group Pty Ltd Service as acceptance of these terms.
1.2
If you are a minor, you must obtain the consent of your parent or guardian to these terms before you use a Luke Feldman Group Pty Ltd Service.
1.4
The Luke Feldman Group Pty Ltd Services are for residents of Australia only. In some countries, receipt of a Luke Feldman Group Pty Ltd Service may not be lawful. If you are subject to the laws of such a country, you must not use a Luke Feldman Group Pty Ltd Service.
Application of these terms
1.5
Additional specific terms of use may apply to particular Luke Feldman Group Pty Ltd Services from time to time and we will indicate this on the web pages relevant to the particular Luke Feldman Group Pty Ltd Service. To the extent of any inconsistency between those specific terms and these terms, those specific terms will prevail.
1.6
Also, where a Luke Feldman Group Pty Ltd Service is provided by a third party platform or service, that third party's terms will apply to your use of the Luke Feldman Group Pty Ltd Service. To the extent of any inconsistency between those third party terms and these terms, those third party terms will prevail.
Your use
1.7
You must only use a Luke Feldman Group Pty Ltd Service in accordance with these terms and as permitted by applicable laws.
Provide honest and true information
1.8
If you provide us with any information about yourself as part of a registration process or otherwise as part of your use of a Luke Feldman Group Pty Ltd Service, you must ensure that it is correct, accurate and up-to-date.
DISCLAIMER
Information provided by a Luke Feldman Group Pty Ltd Service is only of a general nature
2.1
Information on a Luke Feldman Group Pty Ltd Service is provided for informational, entertainment and educational purposes. That information is not a substitute for professional health or other advice and is in no way intended to be used or relied upon to diagnose or treat the health condition of any animal, or as a prognosis of any health condition. Always seek the advice of or consult a health or other appropriate professional before relying on any information provided on a Luke Feldman Group Pty Ltd Service.
Not Medical or Professional Advice
2.2
A Luke Feldman Group Pty Ltd Service may, from time to time, contain information relating to various health and medical conditions and their treatment. That information is not medical or professional advice and should not be relied on by any particular individual or for any specific purpose. By using a Luke Feldman Group Pty Ltd Service, you agree that the service is not a substitute for a veterinary consultation and that the Luke Feldman Group Pty Ltd cannot provide advice or consultation regarding a specific case. Any medical or health questions should be referred to a health care professional. If in doubt, please seek medical or professional advice.
2.3
A Luke Feldman Group Pty Ltd Service is not intended to:
2.3.1 treat a medical condition or emergency
2.3.2 advise or resolve legal, medical or financial issues
2.3.3 establish a veterinarian-client-patient relationship.
For any medical emergency, immediately contact your local veterinary or emergency hospital in your area.
Links: No Endorsement
2.4
Certain links on a Luke Feldman Group Pty Ltd Service may lead to third party content and we provide such links merely for our users' convenience. We are not responsible for the content of any such referenced web sites or for the availability of access to such web sites. Provision of any link to another web site on a Luke Feldman Group Pty Ltd Service, or any reference to any product or service by trade name, trade mark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by us. Access to other sites via those links is at your own risk, and we disclaim all liability with regard to your access to such linked sites. We recommend that you review the terms of use and privacy policies of those sites prior to using such sites or providing any of your personal information through such sites.
Accuracy and timeliness of Information
2.5
Luke Feldman Group Pty Ltd Services may provide you with content authored by us and, in addition, with content that is authored by third parties. Luke Feldman Group Pty Ltd uses reasonable efforts to ensure that information that it provides is accurate and up to date. However, you acknowledge that information provided by third parties may not be easy to differentiate from content provided by us. That third party information may be incorrect and out of date and you must take particular care with it. To the extent permitted by law, we do not make any warranties or representations as to the accuracy of any of information on a Luke Feldman Group Pty Ltd Service. TO THE EXTENT PERMITTED BY LAW, NEITHER LUKE FELDMAN GROUP PTY LTD NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, OR MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON A LUKE FELDMAN GROUP PTY LTD SERVICE.
YOUR USE OF THE LUKE FELDMAN GROUP PTY LTD SERVICES
Social media rules
3.1
If the Luke Feldman Group Pty Ltd Service that you are using allows postings, has a bulletin board or chat facility or is a social media portal or otherwise allows you to submit or display content, you must adhere to the following rules, so that you and our other visitors can enjoy the service or social media portal:
3.1.1 Be Yourself. Do not attempt to impersonate any other party or disguise the source of the information you submit.
3.1.2 Use Caution and Common Sense. Safeguard Privacy. Always use caution and common sense when using the Internet. Avoid providing or soliciting personal information that could be used to identify, track, contact or impersonate you or another person.
3.1.3 Respect the Privacy and Choices of Others. Before you upload anything or tag someone, make sure you have the permission of every person included as well as the parent or guardian of anyone under 18 who is included.
3.1.4 Be Kind and Respectful of Others. Do not defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, abuse, bully, trick, defraud or mislead other users. Do not make any offensive or inappropriate comments that are connected to race, religion, social class, ethnicity, national origin, gender, gender identity, sexual orientation, disability or otherwise.
3.1.5 Inappropriate Content May Be Taken Down. Do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law or another person's rights or that is otherwise objectionable. Such inappropriate content (as determined by us) is unwelcome and may be removed without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting inappropriate content or materials.
3.1.6 Only Post What is Yours. Only post comments, photographs, videos and other content if the owner of the relevant rights in and to the content, including the right to grant us a licence for all uses of the content, consents to it.
3.1.7 Don't Play Doctor or Vet. Refrain from sharing your or someone else's medical information. Please do not attempt to provide medical advice on the social media portal. Medical questions should be addressed to your doctor, vet or other licensed health care provider.
3.1.8 Adverse Events. If you report an adverse event involving one of our products, please be aware that we have internal and external reporting obligations and we might need to ask for details from you to meet these reporting requirements.
3.1.9 Understand You are Granting Luke Feldman Group Pty Ltd Rights to Use the Content You Post. By posting content, you grant us an irrevocable, perpetual, non-exclusive, fully-paid, sub-licensable worldwide license to use that content for any purpose, including marketing and promotion of our goods and services from time to time. This includes a right to remove, modify, edit, crop, highlight and/or republish your content. You consent to all acts and omissions by us or any of our related entity or licensees which would otherwise infringe your moral rights and you agree not to assert any such moral or other rights and, if you are not the author of the contents, you warrant that you have obtained the author's consent to all such acts and omissions.
3.1.10 We Are Not Responsible for User Content and Links. We do not necessarily endorse and are not responsible for the photos, videos, links (or content linked to), comments, references (including reference to particular people), opinions, claims, advice or other content shared on the social media portal by any visitor.
We reserve all of our rights against any user of any of a Luke Feldman Group Pty Ltd Service who violates any of these terms.
Don't use a Luke Feldman Group Pty Ltd Service for a commercial purpose
3.2
You may only use materials on a Luke Feldman Group Pty Ltd Service for personal and non-commercial use and as otherwise permitted by law. You may not distribute, modify, transmit, reuse, sell, trade, reframe, repost or use those materials for any public or commercial purposes, without our express written permission or as otherwise permitted by law. All copyright and other proprietary notices contained in or on those materials must be preserved and retained.
3.3
Images of people or places displayed on a Luke Feldman Group Pty Ltd Service are either the property of, or used with permission by, Luke Feldman Group Pty Ltd. The use of these images by you is strictly prohibited. Unauthorised use of the images may violate copyright, trade mark, privacy and/or publicity laws as well as other applicable laws or regulations.
Competitions and promotions
3.4
If you enter a competition or a promotion, you assign to us all intellectual property rights subsisting in or relating to the entry (and must do all things necessary to evidence and perfect that assignment). You irrevocably consent to us using your likeness, image and voice in any media for perpetuity and without any payment to you in relation to the promotion of any product manufactured, distributed or supplied by us. In relation to such use and the entry, you irrevocably consent to all acts and omissions by us or any of our affiliates or licensees that would otherwise infringe your moral rights and you agree not to assert any such moral rights against us.
Accounts, passwords and user IDs
3.5
If you have an online account with us you must keep your username and password confidential to you. You are responsible for all usage or activity on a Luke Feldman Group Pty Ltd Service via your account, whether it is your own usage or activity or that of a third party. You must report any actual or suspected unauthorised use of your account to us. If we disable your account, you may be unable to use a Luke Feldman Group Pty Ltd Service or content contained in your account.
Review of Online Communications
3.6
Although we may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like provided on a Luke Feldman Group Pty Ltd Service, we are under no obligation to do so and assume no responsibility or liability arising from same nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information provided on a Luke Feldman Group Pty Ltd Service. We assume no responsibility for checking information posted in discussions, chats, transmissions, bulletin boards or the like on a Luke Feldman Group Pty Ltd Service for accuracy.
Editorial Policy
3.7
We reserve the right to alter or delete material on a Luke Feldman Group Pty Ltd Service at any time.
Limitations on Access
3.8
Except as otherwise expressly permitted by us, any access or attempt to access other areas of our computer system or other information contained on the system for any purpose is strictly prohibited. You must only access a Luke Feldman Group Pty Ltd Service through the interface provided by us or, in the case of a social media interface of a third party, through that party's proper social media portal (which access must be in accordance with that party's applicable terms of use). You agree that you will not use any robot, spider, other automatic or manual process or device to "screen scrape", monitor "mine", or copy web pages on or from any of a Luke Feldman Group Pty Ltd Service or the content contained therein without our express written permission. You will not spam any other user of a Luke Feldman Group Pty Ltd Service for any reason. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of any of a Luke Feldman Group Pty Ltd Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use framing techniques to enclose any Luke Feldman Group Pty Ltd trademark, logo, trade name or other proprietary information, including images, frames, content or layout/design found on any page of any of a Luke Feldman Group Pty Ltd Service without our express written consent. You must not reverse engineer or decompile any Luke Feldman Group Pty Ltd Service comprising software. You must not attempt to do any of the things prohibited by this paragraph.
PRIVACY POLICY
Respecting your privacy
4.1
We understand that the privacy and confidentiality of your personal information is important to you. That is why we are committed to safeguarding the personal information you provide to us. Our intention is to use the personal information about you to make your dealings with us better suited to your needs. This Privacy Policy describes what information we may collect about you; how we use your information; how we protect it; and what choices you have on how that information is used. To read the full LFG Privacy Policy visit here. As our privacy policy changes in significant ways, we will make every effort to notify you of the changes via the web site.
When we refer to ourselves as "we" or "Luke Feldman Group Pty Ltd" we mean our entire company, including any company that we control (for example, a subsidiary that we own). We may share information among companies that we own or control, and we may share information with our partners, and companies working with Luke Feldman Group Pty Ltd but all information we share will always be protected under the terms of this Privacy Policy.
You should read the Privacy Policy at each Web site that you visit after you leave one of our sites. Luke Feldman Group Pty Ltd is not responsible for how other Web sites treat your privacy once you leave a Luke Feldman Group Pty Ltd site.
Unsubscribing from electronic communications from us
4.2
If you decide that you no longer want to receive electronic direct marketing from us, you may unsubscribe by clicking on the unsubscribe link contained on the communication.
What information does LFG collect?
4.3
We may collect personal information about you through our interactions with you and from third parties (such as our affiliates, publicly available information from our own records and when permitted by law). What we collect depends on the nature of our interaction. For example, we may collect personal information about you when you send us an email, provide content or when you are prompted and you provide personal information via a Luke Feldman Group Pty Ltd Service. We may keep a record of, for example, your name, contact details (i.e. address, telephone number, etc), your personal interests and opinions and, when collecting personal information for business purposes, your professional details (e.g. qualifications, speciality, areas of interest) as well as details on your practice/business (e.g. size, use of products) and details of your dealings with us.
In addition, we might gather information about you that is automatically collected by our Web server, such as your IP address and domain name. Luke Feldman Group Pty Ltd may use Web server and browser information to individually customize its offerings and presentations if you submit your personal information.
Visitors registering for services on our Web sites are asked to provide identifying information, such as name and contact information. On the registration screen, we clearly label which information is required for registration. Luke Feldman Group Pty Ltd Web sites obtain visitors' consent before collecting personally identifiable information.
From time to time we may ask you for feedback about our web site. This information allows us to better understand the needs of our users and to gather information about health issues and trends.
When you search on our web site, we store the search terms and the site(s) visited so that we can continue to improve the quality of our search results.
What happens if I do not provide personal information?
4.4
If you do not provide your personal information, you may not be able to fully use a Luke Feldman Group Pty Ltd Service.
Information about other people
4.5
If you provide personal information about other people to us, you must tell that person that you are providing their personal information to us, obtain their consent and inform them that we can be contacted for further information.
How does LFG use personal information and to whom does LFG disclose it?
4.6
We will use personal information collected about you for the purposes for which it is collected, to provide and promote our goods and services to you and for the following purposes:
4.6.1 providing the Luke Feldman Group Pty Ltd services
4.6.2 understanding and improving the Luke Feldman Group Pty Ltd services
4.6.3 security testing and authentication
4.6.4 communication such as for sending you material on our activities and products or developments that Luke Feldman Group Pty Ltd believes may be of interest to you and tailoring marketing services to suit your needs;
4.6.5 targeted marketing and health care messaging
4.6.6 for administering conferences, symposia, expert panels, seminars or other similar programs organised by us, which you agree to participate in or be involved with;
4.6.7 for generating customer lists for the purposes of market research.
4.7
We may transfer or disclose your personal information to the following parties ("Third Parties") for the following purposes:
4.7.1 our affiliates or partners within or outside of Australia;
4.7.2 parties within or outside of Australia to help Luke Feldman Group Pty Ltd improve its products and services;
4.7.3 regulatory authorities, within or outside of Australia, and ethics committees as part of a clinical trial evaluation, monitoring or inspection process;
4.7.4 third party service providers to permit them to provide services such as provision of infrastructure, IT services, data analysis, email delivery services, customer services and other similar services; and/or other parties as permitted or required by law or as we believe to be appropriate: (a) to enforce these terms; (b) to protect our operation or those of any of our affiliates; (c) to protect our rights, privacy, safety, confidentiality, reputation or property and/or that of our affiliates, you or others; (d) to prevent fraud or cyber crime; (e) to obtain legal advice; (f) to permit us to pursue available remedies or limit the damages that we may sustain; and (g) to identify any user who provides content on a Luke Feldman Group Pty Ltd Service or otherwise uses a Luke Feldman Group Pty Ltd Service that is unlawful or is otherwise in violation of the law or these terms.
4.8
We may also transfer personal information in connection with a merger or sale involving all or part of Luke Feldman Group Pty Ltd or as part of a corporate reorganisation or share sale or other change in corporate control. Generally, we require that organisations outside Luke Feldman Group Pty Ltd, who handle or obtain personal information as service providers to Luke Feldman Group Pty Ltd, acknowledge the confidentiality of this information, undertake to respect an individual’s right to privacy and comply with applicable data protection laws and these terms. However, we are not responsible for the privacy or security practices of Third Parties. The collection and use of your information by Third Parties may be subject to separate privacy and security policies.
4.9
In using and storing your personal information and/or in disclosing your personal information to the Third Parties or otherwise providing any of the Third Parties with access to your personal information, we may be required to transfer your personal information to jurisdictions other than the jurisdiction in which you reside.
Security of personal information
4.10
We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access.
4.11
While we endeavour to keep personal information secure and confidential, we will not be responsible for any breach of security caused by third parties and do not represent that the Luke Feldman Group Pty Ltd Services are completely secure.
What do we do with personal information when it is no longer needed?
4.12
We will destroy or de-identify personal information that is no longer needed for the purposes for which it was collected. If we are no longer permitted or required by law to retain it, we will use secure methods to destroy or de-identify the information.
Is the personal information up-to-date?
4.13
We endeavour to make sure that the personal information that it holds is accurate, complete and up to date. If we are notified that the information that we hold is not accurate, complete or up to date, we will take steps to validate the information and ensure that it is corrected.
Access to personal information
4.14
In most circumstances we allow individuals to access the personal information we hold about them. However, access may be denied where we are permitted or required by law to deny access to such information.
4.15
If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.
Cookies
4.16
Like many website operators, we may use standard technology called cookies on Luke Feldman Group Pty Ltd Services. Cookies are small data files that are downloaded onto your computer when you visit a particular website. Cookies help provide additional functionality to the site or help us analyse site usage more accurately. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to one of our sites. In all cases in which cookies are used, the cookie will not collect personal information except with your explicit permission. You can disable cookies by turning them off in your browser. However, some Luke Feldman Group Pty Ltd Services may not function properly if you do so.
On occasion, we contract with third parties to place cookies on your device’s hard drive. These third parties have entered into an agreement with us that requires them to observe our Privacy Policy.
Luke Feldman Group Pty Ltd and/or its affiliates may use Remarketing with Google Analytics to advertise online and Google Display Network Impression Reporting. Third party vendors, including Google, may show ads of Luke Feldman Group Pty Ltd and/or its affiliates on sites across the internet. You can opt-out of Google Analytics for Display Advertising and customise Google Display Network ads by using Google’s Ad Settings tools. Luke Feldman Group Pty Ltd, its affiliates and third-party vendors such as Google may use first and third party cookies (such as Google Analytics and DoubleClick) to inform, report, optimise and serve ads based on visits to Luke Feldman Group Pty Ltd sites.
In addition, we may use other tracking systems like pixel-tags. Pixel tags, sometimes called Web beacons, are similar in function to a cookie. But because of their insignificant size, it is not visible; though, they are used to pass certain information to our servers to personalize our Web sites and to track your usage across other Luke Feldman Group Pty Ltd Web sites. In addition, we may also use pixel tags in our HTML based e-mails.
IP Addresses
4.17
An IP (internet protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. We may collect and use IP addresses to identify individuals who may threaten or risk harming our Luke Feldman Group Pty Ltd Services, web pages, services or customers.
LIABILITY
Your responsibility
5.1
You are solely responsible for your use of a Luke Feldman Group Pty Ltd Service and for any breach of these terms by you. If you breach these terms, you will be responsible for the consequences, including in relation to any affected third party.
Use at your own risk
5.2
Your access to and use of a Luke Feldman Group Pty Ltd Service, and any content provided by a Luke Feldman Group Pty Ltd Service, is at your own risk. The internet is not secure and we cannot guarantee that a Luke Feldman Group Pty Ltd Service will be available or fault or virus free.
Our liability to you
5.3
Except for liability that cannot by law be excluded, we will not be liable for any damages (including, without limitation, direct, incidental, consequential, indirect or punitive loss or damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of, or inability to access or use, a Luke Feldman Group Pty Ltd Service or any errors or omissions in or related to a Luke Feldman Group Pty Ltd Service. This includes damages to or viruses that may infect your computer equipment.
5.4
Without limiting paragraph 5.3, except for liability that cannot by law be excluded, we exclude all liability (whether in contract, tort (including negligence) and otherwise) for personal injury and any other loss or damage, whether direct or indirect, arising out of:
5.4.1 reliance by you on the information provided on a Luke Feldman Group Pty Ltd Service;
5.4.2 any technical issue with a Luke Feldman Group Pty Ltd Service, such as an interruption, defect or error; and
5.4.3 theft, unauthorised access to or corruption of data or third party interference.
Exclusion of warranties
5.5
Nothing in these terms limits, excludes or modifies any statutory guarantee or implied terms that mandatorily apply to a Luke Feldman Group Pty Ltd Service. To the extent permitted by law, we do not guarantee or warrant that files available for download from a Luke Feldman Group Pty Ltd Service will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, and to the extent permitted by law, everything on a Luke Feldman Group Pty Ltd Service is provided to you "AS IS" without terms, warranties or guarantees of any kind, either express or implied, including, but not limited to terms, warranties or guarantees of acceptable quality, fitness for a particular purpose or non-infringement
Permitted limitation
5.6
Where a consumer guarantee applies to a Luke Feldman Group Pty Ltd Service which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the guarantee will at our option be limited to the supply of the Luke Feldman Group Pty Ltd Service again, or the payment of the cost of having the Luke Feldman Group Pty Ltd Service supplied again.
Indemnification
5.7
You agree to indemnify, defend and hold harmless Luke Feldman Group Pty Ltd, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable legal costs, resulting from any violation by you of these terms, or any activity related to your Luke Feldman Group Pty Ltd account (including negligent or wrongful conduct) by you or any other person accessing a Luke Feldman Group Pty Ltd Service using your Luke Feldman Group Pty Ltd account or password.
CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS
Your rights
6.1
Apart from the licences granted under paragraph 3.1.9 and paragraph 3.5, we obtain no right, title or interest from you or your licensors under these terms to any content that you submit, post, transmit or display on a Luke Feldman Group Pty Ltd Service or any intellectual property rights subsisting in or relating to same, in respect of which you are responsible.
Confidentiality
6.2
Apart from personal information (in respect of which, please see section 4 above), any communication or material that you transmit to, or post on, a Luke Feldman Group Pty Ltd Service or to us by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and non-proprietary information. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Luke Feldman Group Pty Ltd and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to a Luke Feldman Group Pty Ltd Service for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.
Trademarks
6.3
The trade marks, brand names, logos and related tag-lines and service marks displayed on any a Luke Feldman Group Pty Ltd Service in respect of our products or services (collectively, the "Trade Marks"), whether or not appearing in large print or with the trade mark symbol (®), may be registered and unregistered trade marks of LFG, its affiliates, related companies or its licensors or joint venture partners. Our Trade Marks, page headers, custom graphics, button icons and scripts, service marks, trade dress may not be copied, in whole or in part, without our prior written permission. You acknowledge that the Trade Marks used and displayed on a Luke Feldman Group Pty Ltd Service are and shall remain the sole property of us or the owner of the Trade Marks. Nothing contained on a Luke Feldman Group Pty Ltd Service should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trade Marks without the express written permission of Luke Feldman Group Pty Ltd or the owner of the Trade Marks. Your misuse of the Trade Marks, except as provided in these terms, is strictly prohibited. You are advised that we will aggressively enforce our intellectual property rights in relation to a Luke Feldman Group Pty Ltd Service and the content on a Luke Feldman Group Pty Ltd Service to the fullest extent of the law.
End User Licence Agreement (EULA) for LFG mobile applications
6.4
This End User License Agreement (“Agreement”) sets forth the terms and conditions governing the use of any Luke Feldman Group Pty Ltd mobile application downloaded or otherwise acquired by you (the “App”) that is designed to operate on any device you own or control which runs Android 2.2+, iOS 6.0+, Safari 6.0+, Windows Phone 8.1+, IE9+, Firefox 30+ only (“Device”). By using this App, you agree to be bound by the terms and conditions of this Agreement.
6.5
You acknowledge that this Agreement is entered into by and between you and the Luke Feldman Group Pty Ltd affiliate identified in the App as licensor of the App, and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”). You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to the App. If documentation is provided with the App, you may copy and use the documentation for your internal, reference purposes.
6.6
Your use of the App is subject to the Luke Feldman Group Pty Ltd Terms of Use, Disclaimers, and Privacy Policy. You must also comply with the usage rules established by any Service Providers that apply to your Device ("Usage Rules"). Such Usage Rules are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of the App, as they may be applicable to you depending on (i) your Device, (ii) the method by which you downloaded or otherwise acquired the App, and (iii) the third party from whom you downloaded or otherwise acquired the App. Any third party Device platform or the third party from whom you are downloading this App may make it a condition of their agreements with you, that the App made available through such distribution service, be downloaded, installed and used only on certain proprietary handheld software platforms operating on a Device.
If you do not wish to accept this Agreement, do not use the App.
Changes
6.7
Luke Feldman Group Pty Ltd reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new and current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App constitutes your acceptance of those changes.
Security
6.8
The information that the App collects may be stored locally on your Device and may be transmitted to our servers in countries of Asia Pacific, the European Union (“EU”), the United States (“U.S.”), and/or other countries where Luke Feldman Group Pty Ltd, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. Luke Feldman Group Pty Ltd uses many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the App.
User control and uninstall
6.9
You can access and change user settings for the App or delete your search history from the options/settings menu on your Device. Uninstallation methods vary depending on your Device. To uninstall the App, please consult your Device manual.
Grant of license
6.10
Luke Feldman Group Pty Ltd grants to you a non-transferable, non-exclusive and revocable license to install one copy of the App on your Device and use the App according to the terms and conditions set forth in this Agreement. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by Luke Feldman Group Pty Ltd or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Luke Feldman Group Pty Ltd or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. Luke Feldman Group Pty Ltd may provide Updates and/or support. If provided by Luke Feldman Group Pty Ltd, Updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Luke Feldman Group Pty Ltd to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.
License restrictions
6.11
You agree to the following license restrictions: (a) to use the App solely for your personal use; (b) to not install or use a copy of the App on a device that you do not own or control; (c) to not duplicate, copy or distribute the App, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (e) to not use the App for any fraudulent, unlawful or illegal activity or in any way that could harm the App or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the App or disassemble, decompile or reverse engineer any part of the App, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not work around any technical limitations in the App; and (h) to preserve all copyright and other proprietary rights notices on the App and all copies thereof.
Term and termination
6.12
The license is effective for an indefinite period of time, until Luke Feldman Group Pty Ltd terminates it, or until you provide notice to Luke Feldman Group Pty Ltd of your decision to terminate it. Your rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. Luke Feldman Group Pty Ltd reserves the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. Upon termination of the license to the App, you will cease all use of the App.
Warranty
6.13
The App is provided subject to the Luke Feldman Group Pty Ltd Website Terms and Conditions. Service Providers have no warranty obligation hereunder and give no guarantees with respect to the App or in relation to the sale, distribution or use thereof. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to Luke Feldman Group Pty Ltd’s warranty will be Luke Feldman Group Pty Ltd’s sole responsibility. To the extent permitted by applicable law, Service Providers exclude any implied warranties or conditions, including, without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. Service Providers shall not be responsible for any breach of this Agreement.
Product claims
6.14
You acknowledge that Luke Feldman Group Pty Ltd, not any Service Provider, is responsible for addressing any claim you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual property rights
6.15
You acknowledge that, in the event of any third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, Luke Feldman Group Pty Ltd, not any Service Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third party beneficiary
6.16
You acknowledge and agree that Service Providers are third party beneficiaries of these terms and upon your acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.
Product questions and contact
6.17
The Luke Feldman Group Pty Ltd company that licenses the App, not any Service Provider, is responsible for addressing any questions, comments or claims relating to the App and/or your use of the App. See below the Luke Feldman Group Pty Ltd companies and addresses to which you can direct your questions:
Luke Feldman Group Pty Ltd (info@lukefeldman.com)
GENERAL LEGAL TERMS
Termination
7.1
We may terminate these terms in relation to you at any time by notice to you.
Void Where Prohibited
7.2
Although the information on a Luke Feldman Group Pty Ltd Service is accessible worldwide, not all products or services discussed in a Luke Feldman Group Pty Ltd Service are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on a Luke Feldman Group Pty Ltd Service is void where prohibited.
Modifications and discontinuance
7.3
We may modify and discontinue Luke Feldman Group Pty Ltd Services from time to time.
7.4
We may modify these terms at any time. You accept the modified terms by clicking 'I agree' or 'I accept' or similar where that option is presented to you and otherwise, we will treat your continued use of a Luke Feldman Group Pty Ltd Service, once you have been notified of the modified terms, as acceptance of the modified terms.
No Waiver
7.5
If we do not act in relation to a breach of these terms by you, our right to do so is not waived in relation to that breach or to subsequent and similar breaches
Entire agreement and severability
7.6
These terms together with any other agreement that may be entered into by you and Luke Feldman Group Pty Ltd in connection with a specific product or service of Luke Feldman Group Pty Ltd, constitute the entire agreement between you and Luke Feldman Group Pty Ltd and supersede any and all other agreements, representations and understandings, whether written or oral. If any clause or provision set forth in these terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
Governing Law
7.7
These terms and your use of a Luke Feldman Group Pty Ltd Service and any products and services provided by a Luke Feldman Group Pty Ltd Service shall be governed by the laws of Victoria, Australia. The headings used in these terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms.