Updated 21 March, 2020
We know that sharing your personal information with us is based on trust. We take this seriously and are committed to ensuring that we respect your privacy when you visit our website or use our services. Please review this Statement carefully to learn about our privacy practices.
We operate an online service that provides users with the ability to review luxury goods (the “Services”).
Our Services are owned and operated by The Luxaholic. By visiting our websites and related applications, whether on a computer, phone, tablet or similar device ( “Device”), you are accepting the practices described below.
We are committed to ensuring that we respect your privacy and comply with all relevant privacy laws when you visit our website or use our Services. Please review this Statement carefully to learn about our privacy practices.
We operate an online service that provides users with recommendations for luxury goods.
When you access or use our Services, we collect information from and about you to provide a more personalised and relevant experience. Some information we collect automatically while other information we collect from different sources, including affiliated entities, business partners and other independent third-party sources. When you use our Services by “clicking-through” from a third-party site or when you visit third-party sites via our Services, those third-party sites may share information with us about your use of their service. Information collected may include the following:
- Contact information, including name, phone number and postal and email addresses
- Photos, reviews, forum, wishlist items, social posts and videos you may have provided to us
- Geolocation information
- Device information, such as when you accessed our Services and information about the Device used (for example, IP address, software or internet browser used, preferred languages, unique Device identifiers and advertising identifiers)
- Online activity, including pages you have visited, content reviewed and apps reviewed
- Purchasing history
We may also collect, in instances where you have provided it, information about other shoppers, including their email address and other travel-related information. If you are sharing information with us about other individuals, you must first obtain their consent.
In addition to the categories noted above, we may also collect location information if you have instructed your Device to send such information via the privacy settings on that Device, or, for example, if you have uploaded photos tagged with location information. We may use your location information directly and/or share your location with third parties. We collect and share location information in order to provide you with relevant content, to analyse your use of our Services, to improve our Services and to provide contextual advertising or recommendations. For example, we may use your search history to show you reviews of brands or goods similar to what you may be interested in.
You can change the privacy settings of your Device at any time in order to turn off the functionality that collects and shares location information and/or the functionality to tag your photos with location information. However, turning off location or tagging functions may affect certain features that we offer. If you have any questions about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.
We are committed to providing you with relevant content on our Services and respect the relevant data privacy laws. We use information about you so we can help you enjoy and use our Services, which may include to:
- Register and manage your account, including to allow you access to and use of our Services
- Facilitate your purchases*
- Measure your interest in and to improve, our Services
- Notify you about special offers and products or services available from us, our affiliates, or our partners that may be of interest to you
- Communicate with you
- Enable communication between registered users and owners/representatives of listings
- publish your reviews, forum posts, photos, videos and other content
- Customise your experience, including customising the ads shown to you on our Services and across the internet
- Make inferences about your interests or preferences
- Provide you with an optimised experience and to group users of our Services based on, for example, usage and demographics
- Send you survey or market research invitations
- Respond to your questions and comments
- Resolve disputes or troubleshoot problems
- Prevent potentially prohibited or unlawful activities
Please note some information about you is required in order for us to provide you with relevant offerings from us, our affiliates and our partners and to enable you to enjoy other benefits of being a registered user.
In order to provide some of our Services, we may need to share information with certain other third parties, including our group of companies, in the following circumstances:
- Suppliers. We may share information with certain suppliers used to facilitate our Services, including to help with transactions, such as any purchases you might make, for example, sharing with a retailer if you clicked through from our website to make a purchase
- Business Partners. We may share information about you, your Devices and your use of our Services with our trusted business partners. For example, we may share information so that we can provide you with relevant content or in order to facilitate payment for products or services you may purchase on the websites of our partners. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, note that we do not control the privacy practices of these third-party business partners.
- Social Media Sites. When you use our Services and elect to share information with third-party social media sites, the information you share will be governed by the privacy policies of those social media sites and the privacy settings you have set with those social media websites.
- Advertising Networks. We may sometimes collect and share information about your interests with advertising networks. Some of these companies are members of the Australian Association Network of Advertisers which offer a single location to opt-out of ad targeting from member companies. To learn more, please click here.
- Other third parties, such as referring websites. Third parties may also assist us in collecting information by, for example, operating features of our website or facilitating the delivery of online advertising tailored to your interests. We may share audience segments and other information with third parties that use that information for tailored advertising to you.
Third parties may only collect or access information as needed to perform their permitted functions.
Certain Device operating system versions permit you to opt out of certain types of information sharing, including to certain advertising networks. Please check your Device settings if you want to limit such tracking.
You have options with respect to the collection and use of your information. You can access, update and even close your account by visiting your profile settings on our website.
- You may choose the way we communicate with you. You can choose not to provide us with certain information, although it may be needed to take advantage of certain features offered on our websites.
- You can prevent the collection of geolocation information, but note that turning off location sharing may affect certain features of our Services.
- You also can add or update information via your profile. You can also choose to close your account by contacting us at email@example.com. If you close your account, we will deactivate your account and remove your profile information from active view. We may retain some information associated with your account (including past transactions) for internal purposes including backups, fraud prevention, dispute resolution, investigations and legal compliance for the period necessary to fulfil the purposes outlined in this Statement.
- As a registered member, you can modify your marketing subscriptions, including email subscription choices, at any time by unsubscribing from promotional emails. You also will be given the opportunity to unsubscribe from promotional messages.
We are an Australian company and if we transfer your information to other countries, we will use and protect that information as described in this Statement and in accordance with all applicable law.
We have implemented appropriate administrative and physical security procedures to help protect your information.
We only authorise specific employees to access personal information and they may do so only for permitted business functions. We also employ firewalls and intrusion detection systems to help prevent unauthorised access to your information. However, we cannot guarantee the security of information from unauthorised entry or use, hardware or software failure or other circumstances outside of our control.
We will retain copies of your information as necessary in connection with the purposes set out in this Statement, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise or defend any legal rights.
What are cookies?
Examples of cookies
|Essential||These cookies are necessary to help you access and move around the website and use all its features. Without these cookies, the website would not work properly and you would not be able to use certain important features. For example, we use a cookie to keep you logged in during your visit, so the site does not require you to log in repeatedly to access different pages. We may also use essential cookies for fraud detection and prevention purposes.|
You cannot turn off essential cookies through the Cookie Consent Tool, as such cookies are necessary for you to access and use the features of the website.
|Analytics and customisation||We use these cookies to help us understand how the website is being used and how we can improve your experience of it. These cookies can provide us with information to help us understand which parts of the website interest our visitors and if they experience any errors. We use these cookies to test different designs and features for our sites and we also use them to help us monitor how visitors reach the website.|
|Advertising||Advertising cookies help ensure that the advertisements you see are as relevant to you as possible. For example, some advertising cookies help select ads that are based on your interests. Others help prevent the same ad from continuously reappearing for you.|
We also work with third-party advertisers to give you access to travel content that might be of interest and may set cookies on our Services to provide you with advertising that matches your interests and preferences. These “third-party cookies” collect information about your browsing behaviour and interaction with ads or the Services more generally. This information also helps us limit the number of times you may see the same ads and improve your online experience.
Cookie Consent Tool
You can manage cookies through the settings of your internet browser. You can have the browser notify you when you receive a new cookie, delete individual cookies or delete all cookies.
Most advertising networks offer you a way to opt out of advertising cookies. If you delete your cookies, your access to some functionality and areas of our Services might be degraded or restricted.
Our use of any information we collect through cookies is subject to this Statement, which is linked on every page of our website.
Statement Changes and Notification
We may update this Statement in the future. If we believe any changes are material, we will let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on the website and/or posting an updated Statement on the website. We will note at the top of this Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Statement for the latest information on our privacy practices.
If you have any questions or concerns about this Statement or data processing, or if you would like to reach out to us firstname.lastname@example.org, please access our dedicated privacy portal by clicking here.
Welcome to The Luxaholic website(s) and mobile properties located at www.theluxaholic.com and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, The Luxaholic website(s) and mobile properties shall hereinafter be referred to herein as “websites”). The Services are offered to you conditioned upon your acceptance of the terms, conditions and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept these terms and conditions, you are not authorised to use the Services. If you have a Luxaholic account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services.
Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “The Luxaholic” refer to The Luxaholic Pty Ltd . “Services” as defined above refers to those provided by The Luxaholic or our corporate affiliates. For the avoidance of doubt, the websites are all owned and controlled by The Luxaholic. However, some specific Services made available via the website(s) may be owned and controlled by The Luxaholic’s corporate affiliates, for example Services facilitating purchases of products (see below).
The term “you” refers to the individual, company, business organisation or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”
The Services are provided solely to:
- Assist customers in gathering product information, posting Content and searching for and luxury goods; and
- Assist luxury businesses in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through The Luxaholic.
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.
USE OF THE SERVICES
As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to The Luxaholic is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 18 years of age or older in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our website(s) in accordance with all terms and conditions herein. The Luxaholic does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with The Luxaholic. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of The Luxaholic . To request permission, please direct your request to:
Director, Partnerships and Business Development
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. You agree to keep your contact information up to date.
If you are creating an account with The Luxaholic for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Where the Luxaholic provides details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that The Luxaholic is in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that The Luxaholic may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
The Luxaholic may, from time to time, change, update or discontinue certain products and features of the Services. You agree and understand that The Luxaholic have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary or licensed to The Luxaholic by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:
- (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by The Luxaholic Companies;
- (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of the Services for any purpose without our express written permission;
- (vi) “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by The Luxaholic in connection with the Services;
- (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
- (ix) download any Content unless it’s expressly made available for download by The Luxaholic.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by The Luxaholic or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release The Luxaholic and its licensees, successors and assigns, from any claims that you could otherwise assert against The Luxaholic by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, shopping or fashion feeds or other forums in which you may post your Content, such as reviews of luxury goods experiences, messages, materials or other items (“Interactive Areas”). If The Luxaholic provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. The Luxaholic does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that The Luxaholic provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that The Luxaholic does not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, The Luxaholic does not edit or control users’ Content that appears on the websites. The Luxaholic nevertheless reserves the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believes the removal is reasonably necessary to safeguard the rights of The Luxaholic and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact The Luxaholic here. . By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with The Luxaholic’s published guidelines, as are in force at the time of submission and made available to you by The Luxaholic. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
- Is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including The Luxaholic;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, insurance numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where that individual’s express permission has been secured beforehand;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- In the sole judgment of The Luxaholic, (a) violates the previous subsections herein, (b) violates The Luxaholic’s related guidelines as made available to you by The Luxaholic, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose The Luxaholic or its users to any harm or liability of any type.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
SHOPPING THIRD-PARTY SUPPLIERS THROUGH LUXAHOLIC
Use of Luxaholic Shopping Services. The Luxaholic offers you the ability to search for, select, and shop with third-party suppliers.
AS A USER OF THE SERVICES, INCLUDING LUXAHOLIC’s services, YOU UNDERSTAND AND AGREE THAT: (1) THE LUXAHOLIC WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORISED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORISED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO THE LUXAHOLIC, ITS CORPORATE AFFILIATES AND/OR OTHERS.
Third-Party Suppliers. The Luxaholic may provide products for sale. Although The Luxaholic displays information about goods for sale by third-party suppliers and facilitates shopping with certain suppliers on or through The Luxaholic website(s), such actions do not in any way imply, suggest or constitute The Luxaholic’s sponsorship or approval of third-party suppliers, or any affiliation between The Luxaholic and third-party suppliers. Although Account Holders may rate and review particular product or brand based on their own experiences, The Luxaholic does not endorse or recommend the products or services of any third-party suppliers, save that The Luxaholic may issue certain businesses awards that are based on the reviews posted by Account Holders. The Luxaholic does not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and expressly disclaims any and all liability in connection with such Content. You agree that The Luxaholic is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on the Services.
The Services may link you to supplier sites or other sites that The Luxaholic does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.
BY LISTING INFORMATION RELEVANT TO LUXURY PRODUCTS, THE LUXAHOLIC DOES NOT REPRESENT OR WARRANT THAT THE PURCHASE OF SUCH PRODUCTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM THEIR PURCHASE.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LUXAHOLIC’s LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRODUCT AVAILABILITY AND PRICING ERRORS. THE LUXAHOLIC DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS, BRANDS DISPLAYED (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, EXPERIENCE, , GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, THE LUXAHOLIC EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND/OR PRICING ERRORS.
THE LUXOHOLIC MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITE(S) OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITE(S) OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY THE LUXAHOLIC, NOTWITHSTANDING ANY AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE LUXAHOLIC DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM THE LUXAHOLIC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE LUXAHOLIC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
THE LUXAHOLICALSO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL THE LUXAHOLIC (OR ITS OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY THE LUXAHOLIC); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE LUXAHOLIC OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of The Luxaholic.
THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.
You agree to defend and indemnify The Luxaholic and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of the Services, including The Luxaholic website(s).
LINKS TO THIRD-PARTY SITES
The Services may contain hyperlinks to websites operated by parties other than The Luxaholic. Such hyperlinks are provided for your reference only. The Luxaholic does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The Luxaholic’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.
COPYRIGHT AND TRADEMARK NOTICES
The Luxaholic logo, the ratings bubbles and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of The Luxaholic Pty Ltd. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Luxaholic or the applicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark of The Luxaholic and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Luxaholic. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The Luxaholic.
All rights reserved. The Luxaholic is not responsible for content on websites operated by parties other than The Luxaholic.
MODIFICATIONS TO THE SERVICES; TERMINATION
The Luxaholic may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
The Luxaholic may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. The Luxaholic may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent unauthorised access, loss of, or destruction of data or where The Luxaholic and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where The Luxaholic and/or its corporate affiliates decide to discontinue providing any aspect of the Services.
YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
The Luxaholic may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of The Luxaholic and/or others users of the Services. That means that we may stop providing you with or access to the Services.
JURISDICTION AND GOVERNING LAW
This website is owned and controlled by The Luxaholic Pty Ltd, an Australian company. These terms and conditions are subject to the laws of New South Wales, Australia. You consent to the exclusive jurisdiction and courts of New South Wales You agree that all claims you may have against The Luxaholic arising from or relating to the Services must be heard and resolved in a court of New South Wales. Nothing in this clause shall limit the right of The Luxaholic Pty Ltd to take proceedings against you in any other court, or courts, of competent jurisdiction.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate by The Luxaholic, and actual rates may vary.
We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.
You agree that no joint venture, agency, partnership or employment relationship exists between you and The Luxaholic and/or its corporate affiliates as a result of this Agreement or use of the Services.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement,other governmental or legal requests, requirements relating to your use of the Services, or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision and the remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and The Luxaholic with respect to the Services and it supersedes all prior communications and proposals between you and The Luxaholic with respect to the Services.
The following sections shall survive any termination of this Agreement:
- Additional Products
- Prohibited Activities
- Reviews, Comments and Use of Other Interactive Areas; Licence Grant
- Liability Disclaimer
- Software as Part of Services; Additional Mobile Licences
- Copyright and Trademark Notices
- Notice and Take-Down Policy for Illegal Content
- Modifications to the Services; Termination
- Jurisdictions and Governing Law
- General Provisions
- Service Help
The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis
Fictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product or event.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
©2020 The Luxaholic Pty Ltd . All rights reserved.
Last updated 21 March, 2020.