Terms and Conditions For Transforming Life
Terms and Conditions
Last updated: December 20, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Queensland, Australia
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Transforming Life in Change or TLC, Level 3, South Tower, 527 Gregory Terrace, Fortitude Valley QLD 4006.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Template.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Transforming Life, accessible from https://www.transforminglife.com.au/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Users agree not to use our Service to:
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt our Service or servers or networks connected to our Service, or that disobeys any requirements, procedures, policies or regulations of networks connected to our Service;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of our Service;
- Attempt to gain unauthorized access to our Service, other accounts, computer systems or networks connected to our Service, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of our Service or any activities conducted through our Service;
- Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of our Service;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand our Service (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute our Service); or, (ii) use any Service in any manner that could disable, overburden, damage or impair such Service, or interfere with any other party’s use and enjoyment of any Service.
Terms Relating to Content on our Service.
- Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, our Service are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Transforming Life in Change does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of our Service. You understand that by using our Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is Transforming Life in Change liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via our Service.
- Licenses Associated With Content on our Service.
- TLC Content: All Content (other than computer software) owned by Transforming Life in Change and made available by TLC on the Websites or through the Services is licensed under the Transforming Life in Change Pty Ltd. license, unless marked otherwise.
- Your Content: You retain the copyright in your Content that you provide on the Websites or in connection with the Services. You hereby agree that all Content you voluntarily provide to TLC on or through any Service is licensed under a Transforming Life in Change Pty Ltd. license, is not copyrightable, or is in the public domain (such as Content you or another make available under TLC0). When you post your Content, you designate Transforming Life in Change as the “Attribution Party” for the purposes of the license, as defined therein, and grant permission for the relevant Website URI to be associated with your Content for purposes of that license. If Content you provide is protected by copyright, then if it is not licensed under a Transforming Life in Change Pty Ltd. license, you must not provide it to TLC.For the avoidance of doubt, you may otherwise license your Content on any terms or no terms at all, but upon uploading or supplying Content protected by copyright to TLC on the Websites or in connection with the Services, you are licensing such Content under a Transforming Life in Change Pty Ltd. license in addition to any such other license that may apply to your Content, and designating Transforming Life in Change (and any relevant TLC project) as the Attribution Party for purposes of that license; provided, however, that this subparagraph (b)(ii) shall not apply to Content, if any, that you identify or reference when using our License Chooser or TLC0 Chooser but that you do not supply or upload onto the Websites or in connection with the Services.
- Third Party Content: Third Party Content and Third Party Websites (as defined in Section 9, below) that TLC links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that TLC supplies, as a courtesy Transforming Life in Change will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under a Transforming Life in Change Pty Ltd. license; provided, however, that TLC cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information AS-IS.We encourage you to always verify the license of any such Content before use.
- Search Results: Transforming Life in Change provides website search tools as a Service on some of the Websites. Those search tools may return Content that is not TLC licensed. TLC will make reasonable efforts to clearly mark whether such Content is licensed under a TLC license based on any license information our search tools are able to locate and interpret. As stated above, you should independently verify the terms of the license attached to any Content you intend to use.
- Content You Provide. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of our Service, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libellous, defamatory or otherwise unlawful material. Transforming Life in Change may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content in its sole discretion that Transforming Life in Change determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Transforming Life in Change does not endorse or support any Content posted by you or any other third party on or through our Service. You alone are responsible for creating backup copies and replacing any Content you post on our Service, and you authorize Transforming Life in Change to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on our Service. You may request the removal of your Content from our Service at any time, and TLC will take reasonable steps to promptly remove such Content; provided, however, that TLC can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a TLC email list. If you choose to remove your Content, the Transforming Life in Change license you granted when submitting such Content (see subparagraph (b)(ii), above) will remain in full force and effect in accordance with its terms.
- Use of Content on our Service. You may use the Content you find on our Service in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Transforming Life in Change that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using our Service, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on our Service without your own independent evaluation of that Content. Transforming Life in Change does not guarantee that Content made available on our Service does not infringe the rights of any third party.
Third Party Websites and Content; Links.
Our Service may contain links to websites not controlled by Transforming Life in Change (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Transforming Life in Change (“Third Party Content”). You acknowledge that Transforming Life in Change is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply Transforming Life in Change licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a Transforming Life in Change license. You further acknowledge that Transforming Life in Change (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
Our Service may contain trademarks, service marks, logos and other names that are the property of Transforming Life in Change or such other party as indicated with respect to that name or icon. In the case of Transforming Life in Change trademarks, logos and icons, these may only be used in accordance with our trademark policy. The Trademark Policy is incorporated by reference into these Master Terms.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org
- By phone number: (07) 3547 3914
- By mail: PO Box 64, Fortitude Valley QLD 4006