Website Terms and Conditions

Important notices

These terms and conditions apply to your use of this Website.

If you access this Website, or make use of any information or other content available on this Website, you agree to these Terms and our Privacy Policy.

You should make your own independent inquiries and assessments with respect to any information or materials you obtain from this Website, and obtain independent professional advice.

The provision of information and materials through this Website does not constitute a recommendation or endorsement by us with respect to any business listed on this Website.

1. Prohibited Use

You must not:

  1. Use or access the Website, or any content or material available on it, in any unlawful way or for any illegal purpose;
  2. Post, or attempt to post, any unlawful, offensive, abusive, obscene, vulgar, sexually explicit, defamatory, discriminatory, racist, sexist, hateful or threatening material on the Website;
  3. Commercialise any information obtained from any part of the Website;
  4. Use any information or materials on this Website for anything other than your own personal or internal business purposes, or sell on license any such information or materials;
  5. Knowingly transmit any virus, worm or other disabling feature to or via the Website; or
  6. Data mine, “scrape”, or conduct automated searches of the Website or any content or material available on the Website, or use any aggregating software in connection with the Website.

2. Reliance upon and use of information

  1. We do not assume any duty of care in relation to this Website, or any information or material accessible from it.
  2. None of information provided on the Website, or in respect of any Services, is in the nature of advice.
  3. We do not make any representations or warranties with respect to this Website, including, without limitation:
    1. that any information provided is complete, accurate, verified, audited, adequate, reliable, up-to-date, accurate, complete or suitable for any particular purpose, or that reasonable care has been taken in compiling, preparing and posting such information and material;
    2. that your access to the Website will be uninterrupted or timely;
    3. with respect to non-infringement of any third party intellectual property rights.
  4. We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website.
  5. Your use of any materials or information provided on the Website, is entirely at your own risk.

3. Intellectual Property

  1. Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) may be owned or licensed by us or third parties. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these terms and conditions, you must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website.
  2. The trade mark “Luxury List” is our property.
  3. You must not use any of our trade marks, or any third party trade marks, appearing on the Website, without our written permission.
  4. Without limitation, you agree that you will not use any of our trade marks:
    1. in or as the whole or part of your own trade marks;
    2. on your website or in any marketing or promotional materials; or
    3. in connection with any activities, products or services that are not ours.
  5. Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. You must not use any content or material available as a result of your access to the Website in any way that infringes any third party intellectual property rights.
  6. You acknowledge and agree that, by providing us with the Advertising or any other materials or information for display on the Site, you grant us a licence of that Advertising, information or materials on the terms set out in the Website Terms and Conditions, and make the warranties in relation to that Advertising, information or materials set out in the Website Terms and Conditions.

4. Linked Websites

  1. The Website may contain links to third party websites (Linked Websites). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
  2. We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure.
  3. We do not make any representations or warranties with respect to Linked Websites being free from computer viruses, or non infringement of third party intellectual property rights subsisting in any content or material posted on Linked Websites.
  4. Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites.

5. Variation

We may vary these terms and conditions at any time without providing you with notice. Changes will be effective immediately upon publication on the Website.

6. Personal information

  1. We undertake to:
    1. deal with any of your personal information we collect as a consequence of your use of the Website in accordance with; and
    2. otherwise to comply with, our Privacy Policy.
  2. You must not use the Website, or any information obtained from the website, to send unsolicited or bulk emails or other electronic messages.

7. Warranties and Acknowledgements by you

  1. You:
    1. warrant that you have read and understood the Quote and these Terms and Conditions;
    2. warrant that all information you have provided to us in relation to the Services is true and accurate and you acknowledge and agree that we have relied on that information in providing the Quote and supplying the Services;
    3. acknowledge and agree that we reserve the right to remove any information or material uploaded to the Site without prior notice, including (without limitation) artwork, video and image files, if that information or material does not comply with our requirements as set out in the Website Terms and Conditions and these Terms and Conditions;
    4. warrant that you own all intellectual property rights in the Advertising and that our display of the Advertising in accordance with the Agreement will not breach the intellectual property rights, other proprietary rights or privacy rights of any third party; and
    5. warrant that you have read, understood and agreed to the Website Conditions of Use, which may be accessed by clicking here, and you acknowledge and agree that the Website Conditions of Use form part of the Agreement.

8. Release and Indemnity

  1. To the extent permitted by applicable law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under the Agreement. However, if a supply under the Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in the Agreement excludes, restricts or modifies the application of any
    1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
    2. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,
    3. and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs i. and ii. above.
  2. Subject to clause 8(a), and otherwise to the extent permitted by applicable law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
    1. in connection with errors, omissions or inaccuracies contained in any information (including Advertising) published on or made available via the Site;
    2. in connection with any disruption to or unavailability or failure of the Site or Services or interference with or damage to computer systems or other electronic devices;
    3. as a result of any fraudulent use, misuse or misappropriation of any Advertising;
    4. as a result of any act committed by another person in connection with your use of the Site or Services;
    5. arising from any circumstance beyond our control;
    6. otherwise in connection with your use of the Site; and/or
    7. otherwise under or connection with the Agreement.
  3. You agree to indemnify and at all times keep indemnified and hold us, our related entities, shareholders, directors, employees, agents and representatives ("the indemnified") harmless from and against any loss or claim that they may sustain or incur as a result whether directly or indirectly, of any of the following:
    1. any loss of or damage to any property or injury to or death of any person caused by any fraud, negligent act or omission or wilful or serious misconduct by you or your personnel in connection with the Agreement or the Services;
    2. liability arising from a breach or contravention by you or your personnel of any applicable law or any obligation under the Agreement;
    3. claims, actions or proceedings by your personnel against any of the indemnified,
    4. except to the extent that the loss or claim arises directly from:
      1. a breach by us of a material obligation under the Agreement; or
      2. fraud or negligence by us.
  4. The provisions of the exclusions of liability and indemnity will survive any termination of this Agreement.

9. Security of information

  1. Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us, or that this Website is virus free.
  2. Any information which you transmit to us is transmitted at your own risk.

10. Disclaimer

  1. Subject to any liability we may have under the ACL which cannot be excluded, we do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:
    1. your use of this Website;
    2. any Linked Websites;
    3. your use or reliance on information or materials contained on or accessed through this Website; or
    4. any of our Services.
  2. With the exception of the consumer guarantees provided by the ACL, any condition or warranty which could otherwise be implied in connection with our Services, or this Website, is excluded.
  3. Subject to any liability we may have under the ACL which cannot be excluded, where any of our Services are NOT acquired for personal, domestic or household use or consumption, any liability we do have for any personal injury, death, direct loss, indirect loss, Consequential Loss or other damage, however caused (including through misrepresentation or negligence) which you may incur or suffer in connection with the Services is limited to (at our election) one or more of the following:
    1. replacement of the relevant Services, or the supply of equivalent Services; or
    2. the payment of the cost of replacing the relevant Services, or of acquiring equivalent Services.
  4. Nothing in these terms and conditions excludes any guarantees or liability arising under the ACL, or any other statute or law, if and to the extent that liability cannot be lawfully excluded.

11. System security

  1. You must not, and you must not permit any other person to:
    1. violate or attempt to violate any aspect of the security of the Website;
    2. modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
  2. You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include:
    1. accessing data unlawfully or without consent;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
    3. attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
    4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

12. General

  1. If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
  2. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.

ACL means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).

Associate has the meaning given in the Corporations Act 2001 (Cth).

Associated Entities means any one or more of W Media Holdings Pty Ltd ACN 601 487 414 (Williams Media), W Media No. 1 Pty Ltd ACN 601 487 512, W Media No. 2 Pty Ltd ACN 602 184 412, W Media No. 3 Pty Ltd 614 926 573, W Media No. 5 Pty Ltd ACN 619 134 977, W Media No. 6 Pty Ltd ACN 619 218 325, W Media Japan Pty Ltd ACN 602 184 485, Recon Oz Pty Ltd ACN 601 487 585, Million Plus Pty Ltd ACN 122 282 599, Noonbenz Pty Ltd ACN 068 801 525, Dog No. 7 Pty Ltd ACN 144 646 159 and their Related Bodies Corporate and Associates.

Consequential Loss includes, without limitation:

  1. loss of profits;
  2. loss of revenue;
  3. loss of data;
  4. lost production;
  5. loss of business;
  6. loss of the benefit of any contract or other agreement or arrangement;
  7. losses which do not arise naturally from a breach of contract in the usual course;
  8. death or personal injury;
  9. damage to health;
  10. damage to reputation; and
  11. legal costs.

Linked Websites has the meaning given to that term in clause 4 of these terms and conditions.

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).

Services mean any services or goods offered for sale by us, or supplied or promoted by us.

We, us and our are references to W Media Holdings Pty Ltd ACN 601 487 414 trading as Luxury List, and any Associated Entities of that company, and each of them severally.

Website means the website at www.luxurylist.com.au.

You and your are references to either a user of the Website, or a purchaser or prospective purchaser of our Services, as applicable in the relevant circumstances.