Terms & Conditions

Terms & Conditions for the Supply of Materials and or Services by Live Focusd

This website, and the Online Store (collectively “the website”) and the publications and services offered for sale by Olivia Rose Amourgis trading as Live Focusd (“Live Focusd”) (“the materials”) are owned and operated by Live Focusd and will be referred to as "we", "our" and "us" in these Terms & Conditions.

Using our website and the materials

By using or accessing our website and/or our materials or registering for the supply of services on our website, you agree to be legally bound by these terms and conditions without alteration of the terms and conditions as they apply to your use of or access to our website and accessing our materials.

These terms and conditions may be modified by us from time to time at our sole discretion and published on our website and Online Store. Your continued use of the website and Online Store by access to the site and use of the Online Store constitutes your agreement to be legally bound by the modified terms and conditions including your consent to the processing of your personal data.

If you do not wish to be bound by these terms and conditions you may not use our website or access our Online Store.

If you breach these terms and condition we may restrict or remove your access to the website or the Online Store.

You must ensure that the personal information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information (including other person's on the policy), please read our privacy policy on this website.

Applicability of online materials

Unless otherwise specified the materials published on our web site and offered for Sale to you via our online store are presented solely for your private, personal and non-commercial use.

You may not use the Website, or the material contained on it, for any other purpose.

This involves:
1. the reproduction of the material in any material form;
2. the distribution of the material in any material form;
3. re-transmission of the material by any medium of communication;
4. uploading or reposting the material to any other site on the Internet; and
5. “framing” the material on the Website with other material on any other website.

We have used all reasonable endeavours to ensure that our web site and the materials offered for sale complies with Australian law, including the Australian Consumer Law.

However, we make no representations that the materials on our web site or Online Store are appropriate or available for use in locations outside of Australia.

The contents of our website and the materials offered for Sale or streaming and or download are protected by international copyright laws and other intellectual property rights. We, and or other third party licensors, are the owner of these rights.

All product and company names and logos mentioned in our web site and Online Store are the trademarks, service marks or trading names of their respective owners, including us.

You may download material from our website or Online Store for the sole purpose of using it as an information resource for our services.

However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site or the associated Online Store including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any (but not restricted to) questionnaire and forms.

You may not modify or copy:

the layout of the Website; or
any computer software and code contained in the Website.

We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:

re-sold or re-distributed in any material form;
stored in any storage media; or
re-transmitted in any media,

without our prior written consent.

Linking to this website for commercial purposes

It is not permissible to use content from or link to our website for commercial purposes without our express prior written consent.

If you would like to link to this website for commercial purposes please contact Olivia via olivia@livefocusd.com

Linked sites

We make no representations whatsoever about any other websites or apps which you may access through our website and Online Store or which may link to our website.

When you access any other website or app you understand that it is independent from us and that we have no control over the content or availability of that website or app.

In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website or app and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.

Any concerns regarding any external link should be directed to its website administrator or web master.

Our website uses cookies to help improve your user experience. Cookies are small text files that are placed on your device when you access a website. They are very common and used by many websites. Cookies do not contain any personally identifying information about you. Most browsers have the option to disable cookies in the browser settings. However, if you choose to disable cookies on your browser some functionality of our website may not be available to you.

Live Focusd uses cookies to:

Perform analytics on the use of our website and pages visited;
Enable access to online services; and
To save preferences you have previously set on our website.

For the avoidance of doubt, your use of the website and Online Store with cookies enabled constitutes permission for us to perform analytics, facilitate access to online services and save your personal preferences.

Availability of our website and Store

We will try to make our website and Online Store available but cannot guarantee that our website and its Online Store will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

We reserve the right to alter, suspend or discontinue any aspect of our website or the Online Store or the content or services available through it, including your access to it and the means whereby you access it.

Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new services or resources shall be subject to these terms and conditions as they are adopted from time to time.

Disclaimer

The information on the website and Online Store are provided in good faith on an ‘as is’ basis with no express or implied warranties of any kind as far as is permissible under applicable laws including the Australian Consumer Law. To the extent allowed by law, neither Live Focusd nor any of its agents or employees will be liable for any errors or omissions in the contents or functions of the website and the Online Store, including errors or omissions due to negligence.

The information on our website and Online Store is general in nature and does not constitute advice.

The resources provided by third-party contributors, including health professionals, are not a substitute for professional advice from your physician or other health care provider.

Any third party products or resources mentioned by third party contributors to our website or Online Store do not constitute or imply a recommendation or endorsement from Live Focusd .

We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the website and the Online Store.

We do not warrant, guarantee or make any representation that:

the Website, or the server that makes the site available on the Internet are free of software viruses;
the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
errors and defects in the Website will be corrected.

We are not liable to you for:

errors or omissions in the Website, or linked sites on the Internet;
delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of Liability

These Disclaimers may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

if the breach of an implied warranty or condition relates to services:

the supply of the services again; or
the payment of the cost of having the services supplied again; and

if the breach of an implied warranty or condition relates to goods:

the replacement of the goods or the supply of equivalent goods;
the repair of such goods; or
the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Privacy

Live Focusd is committed to keeping the personal information you entrust to us private and confidential, and we have measures in place to meet this expectation in accordance with Law.

However, we are unable to guarantee that information you choose to share with us via the website, the Online Store or the internet generally will be secure. Therefore, you accept that any information you provide to Live Focusd via the website or the Online Store is at your own risk until received by us.

Any information that you provide to Live Focusd via the website or the Online Store will be handled in accordance with our Privacy Policy in accordance with Law.

No Implied Waiver

The failure of us to enforce any provision of these terms and conditions or a delay in enforcing those rights will in no way affect the right to enforce that or any other provision at a later time, whether against the same or a different party. Nor will the waiver of a breach of any provision of these terms and conditions constitute a waiver of any succeeding breach of the same or any other provision whether against the same or a different party.

Terms of Sale/Supply of Goods and Services

Definitions and interpretation

1.1 Definitions

Buyer means the purchaser of the Goods, whose details are set out in the invoice issued in conjunction with an Order.

Goods means the products and, if any, services (including the provision of online courses or training) specified in the invoice.

Order means the purchase of particular goods and or services using the Online Store.

Seller means Live Focusd.

1.2 Interpretation

Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the consumer guarantee provisions in the ACL) and which by law cannot be excluded, restricted or modified.

2 General

These conditions (which will only be waived in writing signed by the Seller and Buyer) will prevail over all conditions of the Buyer's order, to the extent of any inconsistency.

3 Terms of sale

The Goods and all other products sold by Seller in an Order are sold on these terms and conditions.

4 Packing

The cost of any special packing and packing materials used in relation to the Goods are at the Buyer's expense, even if that cost has been omitted from any quotation or order.

5 Shortage

The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within 21 days from the date of receipt of Goods by the Buyer.

6 Delivery

(a) The delivery times made known to the Buyer in connection with an Order are estimates only and the Seller is not liable for late delivery or non-delivery.

(b) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the Goods.

(d) If the Seller delivers any of the Goods by instalments, and any one of those instalments is defective for any reason:

(i) this does not constitute a repudiation of the contract of sale formed by these conditions; and

(ii) the defective instalment is a severable breach that gives rise only to a claim for compensation.

7 Loss or damage in transit

(a) The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to Goods in transit caused by any event of any kind or by any person (whether or not the Seller is legally responsible for the actions of that person).

(b) The Seller must provide the Buyer with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer:

(i) has notified the Seller and the carrier in writing immediately after loss or damage is discovered by the Buyer on receipt of Goods; and

(ii) serves a claim for compensation on the carrier within [number, eg 3] days of the date of receipt of the Goods.

8 Guarantee

(a) The Seller's liability for Goods manufactured by it is limited to making good any defects. This must be done by repairing the defects or, at the Seller's option, by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched. This applies so long as:

(i) the defects have arisen solely from faulty materials or workmanship;

(ii) the Goods have not received maltreatment, inattention or interference;

(iii) accessories of any kind used by the Buyer are manufactured by or approved by Seller;

(iv) the seals of any kind on the Goods remain unbroken; and

(v) the defective parts are promptly returned free of cost to the Seller.

(b) If the Goods are not manufactured by the Seller, the guarantee of the manufacturer of those Goods is accepted by the Buyer and is the only guarantee given to the Buyer for the Goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.

(c) The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied. This is unless the design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing.

(d) The Seller's liability under clause 8(c) is limited strictly to the replacement of defective parts in accordance with clause 8(a) of these conditions.

(e) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way.

9 Consumer guarantees

The Seller's liability for a breach of a condition or warranty implied by chapter 3, part 3-2, division 1 of the Australian Consumer Law (ACL) is limited to:

(a) in the case of Goods, any one or more of:

(i) the replacement of the Goods or the supply of equivalent goods;

(ii) the repair of the Goods;

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and

(iv) the payment of the cost of having the Goods repaired; or

(b) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

10 Prices

(a) Unless otherwise stated all prices quoted by the Seller are exclusive of Goods and Services Tax (GST).

(b) Prices quoted are calculated at the date of issue of a relevant quotation and associated Order and include rates provided by third parties providers. These third party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the quotation to the time of delivery of the Goods. The Buyer will be liable for any increase in the Third Party Rates.

(c) If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer's account.

11 Buyer's property

Any property of the Buyer under the Seller’s possession, custody or control is completely at the Buyer’s risk as regards loss or damage caused to the property or by it.

12 Returned Goods

(a) Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case.

(b) If the Seller agrees to accept returned Goods from the Buyer under clause 12(a) of this clause, the Buyer must return the Goods to the Seller at the Seller's place of business referred to at the head of these conditions.

13 Goods sold

All Goods to be supplied by the Seller to the Buyer are as described on the Order agreed by the Seller and the Buyer and the description on such purchase order as so agreed prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer.

14 Cancellation

No Order may be cancelled by the Buyer except with the written consent of the Seller. If there is a cancellation of the Order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.

Governing Law

These Terms & Conditions are governed by, and are to be construed in accordance with, the laws of the State of Tasmania and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Tasmania and Courts entitled to hear appeals from those Courts in respect of any proceedings that relate to these Terms & Conditions.

If any part of these Terms & Condition is found by a court to be invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such provision(s) will be deemed deleted but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of these Terms & Conditions will remain in full force and effect.