1. The www.activeemporium.com website (Active Emporium website) is owned and operated by The Lifestylist Corporation Pty Ltd ACN 604 832 206 as trustee for The Lifestyle Trust (TLC) and contains information and material from TLC. Active Emporium is the destination for inspired travel wellness. The website has been created for people who appreciate a combination of health and wellness while they travel. Active Emporium aims to provide inspiration and share informative, insightful experiences online to inspire you to travel well.
2. Any access to or use of the Active Emporium website, including access to and use of the information, materials and services provided on the website, is conditional upon your acceptance and compliance with the terms and conditions available at www.activeemporium.com/terms-conditions/, as updated from time to time under clause 3 (Terms and Conditions). Each time you access or use the Active Emporium website you will be deemed to have accepted the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, do not use the Active Emporium website.
3. TLC may modify the Terms and Conditions from time to time in its sole discretion and without notice to you. We recommend that you check this page regularly for any changes.
Intellectual Property Rights
4. Unless otherwise indicated, all copyright, trade marks and other intellectual property rights in the Active Emporium website (including all information, data, text, graphics, images, website design, trade marks and logos displayed on the website) are owned by TLC, our related entities or our third party licensors.
5. You may download and view content or print a copy of material on the Active Emporium website for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice).
6. You must not, without TLC’s express written permission or as otherwise permitted by law:
- otherwise copy, use, reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of the Active Emporium website;
- use any trade marks displayed on the Active Emporium website without the express written permission of the relevant owner;
- cause any of the content of the Active Emporium website to be framed or embedded in another website; or
- commercialise any information, products or services on the Active Emporium website.
7. If permission to reproduce any part of the Active Emporium website is given, you must acknowledge TLC as the source.
Content that you submit to the Active Emporium website
8. This section applies if you submit, post, transmit or otherwise make any material available via the Active Emporium website (your content).
9. Where you do so, you grant to TLC, a non-exclusive, irrevocable, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of the TLC business. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
10. You warrant that you have the right to grant the above licence, that TLC’s exercise of the licence rights above will not infringe the intellectual property rights of any person, and that your content is not defamatory and does not breach any law or these Terms and Conditions.
11. TLC may monitor or review your content and content posted by other users, but we are not obliged to do so. TLC may also alter or remove any of your content at any time, including to ensure the operational integrity of our services and compliance with the Terms and Conditions.
No unlawful, infringing or offensive activity
12. You must not:
- post or transmit to or via the Active Emporium website any information or material or otherwise use the Active Emporium website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards;
- use any device or software to interfere or attempt to interfere with the proper working of the Active Emporium website, which includes a prohibition on use of any robot, spider, other automatic device, or manual process to monitor or copy the Active Emporium website pages or content;
- permit or enable another person to do any of those things.
Information from third parties
13. To the extent that the Active Emporium website contains:
- information, materials, services and applications that have been provided by third parties; and
- hypertext links to the websites of third parties.
these items are provided “as is” and TLC has not taken steps to ensure that any information, materials, services, and applications that have been provided by third parties take into account, for example and without limitation, your (or any other person’s) individual objectives or needs.
14. TLC does not give any warranty, make any representation as to, or accept any responsibility for the information contained on the website of any third party that is electronically linked to the Active Emporium website.
15. You acknowledge and agree that, unless TLC specifically provides otherwise, any links on the Active Emporium website to third party websites do not imply our endorsement of such sites; that we have any association whatsoever with the operators of such sites; or that such sites are under TLC’s control.
16. TLC disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.
Limitation of liability
17. We cannot promise that the Active Emporium website will be continuously available or virus or fault free.
18. Whilst we have taken reasonable care in preparing content for the Active Emporium website, it is your own responsibility to assess the accuracy, currency, suitability, reliability or completeness of such content.
19. To the maximum extent permitted by law, TLC:
- does not give any warranty, make any representation as to, or accept responsibility for, the accuracy, currency, suitability, reliability or completeness of the content contained in the Active Emporium website, and you agree that you rely on the content at your own risk;
- excludes all other terms, conditions, guarantees and warranties, whether express or implied, by statute, trade or otherwise;
- excludes all liability to you for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the content provided by the Active Emporium website and/or your use of the Active Emporium website. Without limitation, TLC is not responsible or liable for:
- loss caused by TLC’s breach of these Terms and Conditions, or by TLC’s negligence;
- losses caused by factors which could reasonably be considered to be outside TLC’s control; and
- any loss caused, or contributed to, by your breach of these Terms and Conditions or your negligence.
If the applicable law does not allow the limitation or exclusion of liability so that the above limitation does not apply, in no event will TLC’s total liability to you for all damages, losses and causes of action arising from or related to the Active Emporium website (whether in contract, tort, including negligence and breach of statutory duty or otherwise) exceed the amount paid by you, if any, for accessing the website.
Your liability to us
20. You are liable to TLC for your breach of the Terms and Conditions or negligence under the principles applied by the courts.
No waiver for breaches
21. If TLC does not act in relation to a breach of the Terms and Conditions by you, that is not a waiver by TLC of any rights it has in relation to that breach or any later breach by you.
22. Any information, material or services related to food and/or nutrition provided via the Active Emporium website is for general information purposes only and does not constitute professional dietary or medical advice or treatment. Information regarding food and/or nutrition has not been tailored for individual circumstances, and reliance on such information is at your own risk. The information available on the Active Emporium website is not intended to diagnose, treat, cure or prevent any particular condition or disease. TLC does not accept any liability for any decisions you make on the basis of dietary or nutritional information contained on the Active Emporium website.
24. Although this website is accessible worldwide, content is intended only for residents of Australia. Nothing on the Active Emporium website should be interpreted as a promotion for any goods or services that are not authorised by the laws and regulations of the country where you are located.
25. The Terms and Conditions are governed by the law in force in the State of Queensland, Australia.