PetWellness Legals

Terms of Use

Disclaimer

Privacy Policy

Terms of Use, Disclaimer & Privacy Policy

Acceptance by you of these terms

1.1

Your use of Luke Feldman Group Pty Ltd ("LFG" or "us") websites, web pages, products and services, including all discussions, chats, postings, bulletin boards and the like facilitated by us through such sites or otherwise ("Luke Feldman Group Pty Ltd Services") is subject to these Terms of Use, Disclaimer, Privacy Policy.

1.2

You must not use a Luke Feldman Group Pty Ltd Service if you do not agree to these terms. You accept these terms by clicking 'I agree' or 'I accept' or similar where that option is presented to you. Otherwise, we will treat your use of a Luke Feldman Group Pty Ltd Service as acceptance of these terms.

1.2

If you are a minor, you must obtain the consent of your parent or guardian to these terms before you use a Luke Feldman Group Pty Ltd Service.

1.4

You are solely responsible for ensuring the legality and appropriateness of using this site in your own legal jurisdiction. In some countries and states, receipt of a Luke Feldman Group Pty Ltd Service may not be lawful. If you are subject to the laws of such a country, you must not use a Luke Feldman Group Pty Ltd Service.

Application of these terms

1.5

Additional specific terms of use may apply to particular Luke Feldman Group Pty Ltd Services from time to time and we will indicate this on the web pages relevant to the particular Luke Feldman Group Pty Ltd Service. To the extent of any inconsistency between those specific terms and these terms, those specific terms will prevail.

1.6

Also, where a Luke Feldman Group Pty Ltd Service is provided by a third party platform or service, that third party's terms will apply to your use of the Luke Feldman Group Pty Ltd Service. To the extent of any inconsistency between those third party terms and these terms, those third party terms will prevail.

Your use

1.7

1.7.1 License

Luke Feldman Group Pty Ltd grants you a limited non-exclusive, non-transferable and revocable license to access and use the site, only in connection with professional development of the global veterinary healthcare community and related uses. You may not access or use this site for purposes of resale. This license terminates automatically i f you breach these Terms. You must only use a Luke Feldman Group Pty Ltd Service in accordance with these terms and as permitted by applicable laws.

1.7.2 Membership

Portions of this site are viewable ithout registration or membership, ut the majority of our services and our site is available only to registered members. By registering, you authorise us to use and disclose any information you provide to us, including any of your personal information, for purposes of allowing us to proide out services to you and as otherwise discolsed in out Privacy Policy. As part of the registration processs, you will provide an email address and create a password for your account.

Provide honest and true information

1.8

If you provide us with any information about yourself as part of a registration process or otherwise as part of your use of a Luke Feldman Group Pty Ltd Service, you must ensure that it is correct, accurate and up-to-date.

Payment

1.9

To the extent you use a Premium plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Luke Feldman Group Pty Ltd in accordance with the terms set forth on the site and this Terms of Use, and you authorise Luke Feldman Group Pty Ltd or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms. Luke Feldman Group Pty Ltd may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice.

Term & Termination

1.10

Premium plans that are paid annually will automatically renew for additional years. You have the right to deactivate your account at any time by notifying Luke Feldman Group Pty Ltd in writing via the site. We reserve the right to deactivate and delete your account (or the access privileges of any Member) and terminate this Terms of Use at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, Luke Feldman Group Pty Ltd may, in its sole discretion, publish policies whereby we delete your account for prolonged inactivity. Upon any termination of this Luke Feldman Group Pty Ltd, we will have no obligation to maintain or provide your data. If your team’s account is deleted, we will delete or destroy all copies of your data in our possession or control, in a reasonably expedient way, unless legally prohibited.

DISCLAIMER

Information provided by a Luke Feldman Group Pty Ltd Service is only of a general nature

2.1

Information on or collected on a Luke Feldman Group Pty Ltd Service is provided for informational, entertainment and educational purposes only. That information is not a substitute for professional health or other advice and is in no way intended to be used or relied upon to diagnose or treat the health condition of any animal, or as a prognosis of any health condition, or as pet owner consent or authorisation. Always seek the advice of or consult a health or other appropriate professional before relying on any information provided on a Luke Feldman Group Pty Ltd Service.

Not Medical or Professional Advice

2.2

A Luke Feldman Group Pty Ltd Service may, from time to time, contain information relating to various health and medical conditions and their treatment. That information is not medical or professional advice and should not be relied on by any particular individual or for any specific purpose. By using a Luke Feldman Group Pty Ltd Service, you agree that the service is not a substitute for a veterinary consultation and that the Luke Feldman Group Pty Ltd cannot provide advice or consultation regarding a specific case. Any medical or health questions should be referred to a health care professional. If in doubt, please seek medical or professional advice.

Not Pet owner consent or Authorisation

2.3

A Luke Feldman Group Pty Ltd Service may, from time to time, contain forms relating to various veterinary service requests. The information collected is not a substitute for pet owner consent or authorisation and should not be relied on by any particular individual or for any specific purpose. Information collected on a Luke Feldman Group Pty Ltd Service is provided for informational, entertainment and educational purposes only. By using a Luke Feldman Group Pty Ltd Service, you agree that the service is not a substitute for pet owner consent or authorisation and that the Luke Feldman Group Pty Ltd cannot provide advice or consultation regarding a specific case. Any pet owner consent or authorisation questions should be referred to a legal professional.

2.4

A Luke Feldman Group Pty Ltd Service is not intended to:

2.4.1 treat a medical condition or emergency

2.4.2 advise or resolve legal, medical or financial issues

2.4.3 establish a veterinarian-client-patient relationship.

2.4.4 establish pet owner consent or authorisation to a service

Links: No Endorsement

2.5

Certain links on a Luke Feldman Group Pty Ltd Service may lead to third party content and we provide such links merely for our users' convenience. We are not responsible for the content of any such referenced web sites or for the availability of access to such web sites. Provision of any link to another web site on a Luke Feldman Group Pty Ltd Service, or any reference to any product or service by trade name, trade mark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by us. Access to other sites via those links is at your own risk, and we disclaim all liability with regard to your access to such linked sites. We recommend that you review the terms of use and privacy policies of those sites prior to using such sites or providing any of your personal information through such sites.

Accuracy and timeliness of Information

2.6

Luke Feldman Group Pty Ltd Services may provide you with content authored by us and, in addition, with content that is authored by third parties. Luke Feldman Group Pty Ltd uses reasonable efforts to ensure that information that it provides is accurate and up to date. However, you acknowledge that information provided by third parties may not be easy to differentiate from content provided by us. That third party information may be incorrect and out of date and you must take particular care with it. To the extent permitted by law, we do not make any warranties or representations as to the accuracy of any of information on a Luke Feldman Group Pty Ltd Service. TO THE EXTENT PERMITTED BY LAW, NEITHER LUKE FELDMAN GROUP PTY LTD NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, OR MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON A LUKE FELDMAN GROUP PTY LTD SERVICE. LUKE FELDMAN GROUP PTY LTD DOES NOT IN ANY WAY REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL FILES.

YOUR USE OF THE LUKE FELDMAN GROUP PTY LTD SERVICES

Usage rules

3.1

If the Luke Feldman Group Pty Ltd Service that you are using allows postings, has a bulletin board or chat facility or is a social media portal or otherwise allows you to submit or display content, you must adhere to the following rules, so that you and our other visitors can enjoy the service or social media portal:

3.1.1 Be Yourself. Do not attempt to impersonate any other party or disguise the source of the information you submit.

3.1.2 Use Caution and Common Sense. Safeguard Privacy. Always use caution and common sense when using the Internet. Avoid providing or soliciting personal information that could be used to identify, track, contact or impersonate you or another person.

3.1.3 Respect the Privacy and Choices of Others. Before you upload anything or tag someone, make sure you have the permission of every person included as well as the parent or guardian of anyone under 18 who is included.

3.1.4 Be Kind and Respectful of Others. Do not defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, abuse, bully, trick, defraud or mislead other users. Do not make any offensive or inappropriate comments that are connected to race, religion, social class, ethnicity, national origin, gender, gender identity, sexual orientation, disability or otherwise.

3.1.5 Inappropriate Content May Be Taken Down. Do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law or another person's rights or that is otherwise objectionable. Such inappropriate content (as determined by us) is unwelcome and may be removed without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting inappropriate content or materials.

3.1.6 Only Post What is Yours. Only post comments, photographs, videos and other content if the owner of the relevant rights in and to the content, including the right to grant us a licence for all uses of the content, consents to it.

3.1.7 Don't Play Doctor or Vet. Refrain from sharing your or someone else's medical information. Please do not attempt to provide medical advice on the social media portal. Medical questions should be addressed to your doctor, vet or other licensed health care provider.

3.1.9 Understand You are Granting Luke Feldman Group Pty Ltd Rights to Use the Content You Post. By posting content, you grant us an irrevocable, perpetual, non-exclusive, fully-paid, sub-licensable worldwide license to use that content for any purpose, including marketing and promotion of our goods and services from time to time. This includes a right to remove, modify, edit, crop, highlight and/or republish your content. You consent to all acts and omissions by us or any of our related entity or licensees which would otherwise infringe your moral rights and you agree not to assert any such moral or other rights and, if you are not the author of the contents, you warrant that you have obtained the author's consent to all such acts and omissions.

3.1.10 We Are Not Responsible for User Content and Links. We do not necessarily endorse and are not responsible for the photos, videos, links (or content linked to), comments, references (including reference to particular people), opinions, claims, advice or other content shared on the social media portal by any visitor.

We reserve all of our rights against any user of any of a Luke Feldman Group Pty Ltd Service who violates any of these terms.

Don't use a Luke Feldman Group Pty Ltd Service for a commercial purpose

3.3

You may only use materials on a Luke Feldman Group Pty Ltd Service for personal and non-commercial use and as otherwise permitted by law. You may not distribute, modify, transmit, reuse, sell, trade, reframe, repost or use those materials for any public or commercial purposes, without our express written permission or as otherwise permitted by law. All copyright and other proprietary notices contained in or on those materials must be preserved and retained.

3.4

Images of people or places displayed on a Luke Feldman Group Pty Ltd Service are either the property of, or used with permission by, Luke Feldman Group Pty Ltd. The use of these images by you is strictly prohibited. Unauthorised use of the images may violate copyright, trade mark, privacy and/or publicity laws as well as other applicable laws or regulations.

Competitions and promotions

3.5

If you enter a competition or a promotion, you assign to us all intellectual property rights subsisting in or relating to the entry (and must do all things necessary to evidence and perfect that assignment). You irrevocably consent to us using your likeness, image and voice in any media for perpetuity and without any payment to you in relation to the promotion of any product manufactured, distributed or supplied by us. In relation to such use and the entry, you irrevocably consent to all acts and omissions by us or any of our affiliates or licensees that would otherwise infringe your moral rights and you agree not to assert any such moral rights against us.

Accounts, passwords and user IDs

3.6

If you have an online account with us you must keep your username and password confidential to you. You are responsible for all usage or activity on a Luke Feldman Group Pty Ltd Service via your account, whether it is your own usage or activity or that of a third party. You must report any actual or suspected unauthorised use of your account to us. If we disable your account, you may be unable to use a Luke Feldman Group Pty Ltd Service or content contained in your account.

Review of Online Communications

3.7

Although we may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like provided on a Luke Feldman Group Pty Ltd Service, we are under no obligation to do so and assume no responsibility or liability arising from same nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information provided on a Luke Feldman Group Pty Ltd Service. We assume no responsibility for checking information posted in discussions, chats, transmissions, bulletin boards or the like on a Luke Feldman Group Pty Ltd Service for accuracy.

Editorial Policy

3.8

We reserve the right to alter or delete material on a Luke Feldman Group Pty Ltd Service at any time.

Limitations on Access

3.9

Except as otherwise expressly permitted by us, any access or attempt to access other areas of our computer system or other information contained on the system for any purpose is strictly prohibited. You must only access a Luke Feldman Group Pty Ltd Service through the interface provided by us or, in the case of a social media interface of a third party, through that party's proper social media portal (which access must be in accordance with that party's applicable terms of use). You agree that you will not use any robot, spider, other automatic or manual process or device to "screen scrape", monitor "mine", or copy web pages on or from any of a Luke Feldman Group Pty Ltd Service or the content contained therein without our express written permission. You will not spam any other user of a Luke Feldman Group Pty Ltd Service for any reason. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of any of a Luke Feldman Group Pty Ltd Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not use framing techniques to enclose any Luke Feldman Group Pty Ltd trademark, logo, trade name or other proprietary information, including images, frames, content or layout/design found on any page of any of a Luke Feldman Group Pty Ltd Service without our express written consent. You must not reverse engineer or decompile any Luke Feldman Group Pty Ltd Service comprising software. You must not attempt to do any of the things prohibited by this paragraph.

PRIVACY POLICY

Respecting your privacy

4.1

We understand that the privacy and confidentiality of your personal information is important to you. That is why we are committed to safeguarding the personal information you provide to us. Our intention is to use the personal information about you to make your dealings with us better suited to your needs. This Privacy Policy describes what information we may collect about you; how we use your information; how we protect it; and what choices you have on how that information is used. To read the full LFG Privacy Policy visit here. As our privacy policy changes in significant ways, we will make every effort to notify you of the changes via the web site.

When we refer to ourselves as "we" or "Luke Feldman Group Pty Ltd" we mean our entire company, including any company that we control (for example, a subsidiary that we own). We may share information among companies that we own or control, and we may share information with our partners, and companies working with Luke Feldman Group Pty Ltd but all information we share will always be protected under the terms of this Privacy Policy.

You should read the Privacy Policy at each Web site that you visit after you leave one of our sites. Luke Feldman Group Pty Ltd is not responsible for how other Web sites treat your privacy once you leave a Luke Feldman Group Pty Ltd site.

Unsubscribing from electronic communications from us

4.2

If you decide that you no longer want to receive electronic direct marketing from us, you may unsubscribe by clicking on the unsubscribe link contained on the communication.

What information does LFG collect?

4.3

We may collect personal information about you through our interactions with you and from third parties (such as our affiliates, publicly available information from our own records and when permitted by law). What we collect depends on the nature of our interaction. For example, we may collect personal information about you when you send us an email, provide content or when you are prompted and you provide personal information via a Luke Feldman Group Pty Ltd Service. We may keep a record of, for example, your name, contact details (i.e. address, telephone number, etc), your personal interests and opinions and, when collecting personal information for business purposes, your professional details (e.g. qualifications, speciality, areas of interest) as well as details on your practice/business (e.g. size, use of products) and details of your dealings with us.

In addition, we might gather information about you that is automatically collected by our Web server, such as your IP address and domain name. Luke Feldman Group Pty Ltd may use Web server and browser information to individually customize its offerings and presentations if you submit your personal information.

Visitors registering for services on our Web sites are asked to provide identifying information, such as name and contact information. On the registration screen, we clearly label which information is required for registration. Luke Feldman Group Pty Ltd Web sites obtain visitors' consent before collecting personally identifiable information.

From time to time we may ask you for feedback about our web site. This information allows us to better understand the needs of our users and to gather information about health issues and trends.

When you search on our web site, we store the search terms and the site(s) visited so that we can continue to improve the quality of our search results.

What happens if I do not provide personal information?

4.4

If you do not provide your personal information, you may not be able to fully use a Luke Feldman Group Pty Ltd Service.

Information about other people

4.5

If you provide personal information about other people to us, you must tell that person that you are providing their personal information to us, obtain their consent and inform them that we can be contacted for further information.

How does LFG use personal information and to whom does LFG disclose it?

4.6

We will use personal information collected about you for the purposes for which it is collected, to provide and promote our goods and services to you and for the following purposes:

4.6.1 providing the Luke Feldman Group Pty Ltd services

4.6.2 understanding and improving the Luke Feldman Group Pty Ltd services

4.6.3 security testing and authentication

4.6.4 communication such as for sending you material on our activities and products or developments that Luke Feldman Group Pty Ltd believes may be of interest to you and tailoring marketing services to suit your needs;

4.6.5 targeted marketing and health care messaging

4.6.6 for administering conferences, symposia, expert panels, seminars or other similar programs organised by us, which you agree to participate in or be involved with;

4.6.7 for generating customer lists for the purposes of market research.

4.7

We may transfer or disclose your personal information to the following parties ("Third Parties") for the following purposes:

4.7.1 our affiliates or partners within or outside of Australia;

4.7.2 parties within or outside of Australia to help Luke Feldman Group Pty Ltd improve its products and services;

4.7.3 regulatory authorities, within or outside of Australia, and ethics committees as part of a clinical trial evaluation, monitoring or inspection process;

4.7.4 third party service providers to permit them to provide services such as provision of infrastructure, IT services, data analysis, email delivery services, customer services and other similar services; and/or other parties as permitted or required by law or as we believe to be appropriate: (a) to enforce these terms; (b) to protect our operation or those of any of our affiliates; (c) to protect our rights, privacy, safety, confidentiality, reputation or property and/or that of our affiliates, you or others; (d) to prevent fraud or cyber crime; (e) to obtain legal advice; (f) to permit us to pursue available remedies or limit the damages that we may sustain; and (g) to identify any user who provides content on a Luke Feldman Group Pty Ltd Service or otherwise uses a Luke Feldman Group Pty Ltd Service that is unlawful or is otherwise in violation of the law or these terms.

4.8

We may also transfer personal information in connection with a merger or sale involving all or part of Luke Feldman Group Pty Ltd or as part of a corporate reorganisation or share sale or other change in corporate control. Generally, we require that organisations outside Luke Feldman Group Pty Ltd, who handle or obtain personal information as service providers to Luke Feldman Group Pty Ltd, acknowledge the confidentiality of this information, undertake to respect an individual’s right to privacy and comply with applicable data protection laws and these terms. However, we are not responsible for the privacy or security practices of Third Parties. The collection and use of your information by Third Parties may be subject to separate privacy and security policies.

4.9

In using and storing your personal information and/or in disclosing your personal information to the Third Parties or otherwise providing any of the Third Parties with access to your personal information, we may be required to transfer your personal information to jurisdictions other than the jurisdiction in which you reside.

Security of personal information

4.10

We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access.

4.11

While we endeavour to keep personal information secure and confidential, we will not be responsible for any breach of security caused by third parties and do not represent that the Luke Feldman Group Pty Ltd Services are completely secure.

What do we do with personal information when it is no longer needed?

4.12

We will destroy or de-identify personal information that is no longer needed for the purposes for which it was collected. If we are no longer permitted or required by law to retain it, we will use secure methods to destroy or de-identify the information.

Is the personal information up-to-date?

4.13

We endeavour to make sure that the personal information that it holds is accurate, complete and up to date. If we are notified that the information that we hold is not accurate, complete or up to date, we will take steps to validate the information and ensure that it is corrected.

Access to personal information

4.14

In most circumstances we allow individuals to access the personal information we hold about them. However, access may be denied where we are permitted or required by law to deny access to such information.

4.15

If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.

Cookies

4.16

Like many website operators, we may use standard technology called cookies on Luke Feldman Group Pty Ltd Services. Cookies are small data files that are downloaded onto your computer when you visit a particular website. Cookies help provide additional functionality to the site or help us analyse site usage more accurately. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to one of our sites. In all cases in which cookies are used, the cookie will not collect personal information except with your explicit permission. You can disable cookies by turning them off in your browser. However, some Luke Feldman Group Pty Ltd Services may not function properly if you do so. On occasion, we contract with third parties to place cookies on your device’s hard drive. These third parties have entered into an agreement with us that requires them to observe our Privacy Policy.

Some of our partners may use cookies on our sites (for example, links to partners). We do not want our business partners to use cookies to track our customers' activities once they leave our sites. However, we may not have total control over how our business partners may use cookies on our Web sites. If you become aware that a Luke Feldman Group Pty Ltd partner is placing an unwanted cookie on your hard drive, please contact Luke Feldman Group Pty Ltd to assist us in resolving the problem.

In addition, we may use other tracking systems like pixel-tags. Pixel tags, sometimes called Web beacons, are similar in function to a cookie. But because of their insignificant size, it is not visible; though, they are used to pass certain information to our servers to personalize our Web sites and to track your usage across other Luke Feldman Group Pty Ltd Web sites. In addition, we may also use pixel tags in our HTML based e-mails.

IP Addresses

4.17

An IP (internet protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. We may collect and use IP addresses to identify individuals who may threaten or risk harming our Luke Feldman Group Pty Ltd Services, web pages, services or customers.

LIABILITY

Your responsibility

5.1

You are solely responsible for your use of a Luke Feldman Group Pty Ltd Service and for any breach of these terms by you. If you breach these terms, you will be responsible for the consequences, including in relation to any affected third party.

Use at your own risk

5.2

Your access to and use of a Luke Feldman Group Pty Ltd Service, and any content provided by a Luke Feldman Group Pty Ltd Service, is at your own risk. The internet is not secure and we cannot guarantee that a Luke Feldman Group Pty Ltd Service will be available or fault or virus free.

Our liability to you

5.3

Except for liability that cannot by law be excluded, we will not be liable for any damages (including, without limitation, direct, incidental, consequential, indirect or punitive loss or damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of, or inability to access or use, a Luke Feldman Group Pty Ltd Service or any errors or omissions in or related to a Luke Feldman Group Pty Ltd Service. This includes damages to or viruses that may infect your computer equipment. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

5.4

Without limiting paragraph 5.3, except for liability that cannot by law be excluded, we exclude all liability (whether in contract, tort (including negligence) and otherwise) for personal injury and any other loss or damage, whether direct or indirect, arising out of:

5.4.1 reliance by you on the information provided on a Luke Feldman Group Pty Ltd Service;

5.4.2 any technical issue with a Luke Feldman Group Pty Ltd Service, such as an interruption, defect or error; and

5.4.3 theft, unauthorised access to or corruption of data or third party interference.

Exclusion of warranties

5.5

Nothing in these terms limits, excludes or modifies any statutory guarantee or implied terms that mandatorily apply to a Luke Feldman Group Pty Ltd Service. To the extent permitted by law, we do not guarantee or warrant that files available for download from a Luke Feldman Group Pty Ltd Service will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, and to the extent permitted by law, everything on a Luke Feldman Group Pty Ltd Service is provided to you "AS IS" without terms, warranties or guarantees of any kind, either express or implied, including, but not limited to terms, warranties or guarantees of acceptable quality, fitness for a particular purpose or non-infringement

Permitted limitation

5.6

Where a consumer guarantee applies to a Luke Feldman Group Pty Ltd Service which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the guarantee will at our option be limited to the supply of the Luke Feldman Group Pty Ltd Service again, or the payment of the cost of having the Luke Feldman Group Pty Ltd Service supplied again.

Indemnification

5.7

You agree to indemnify, defend and hold harmless Luke Feldman Group Pty Ltd, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable legal costs, resulting from any violation by you of these terms, or any activity related to your Luke Feldman Group Pty Ltd account (including negligent or wrongful conduct) by you or any other person accessing a Luke Feldman Group Pty Ltd Service using your Luke Feldman Group Pty Ltd account or password.

CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS

Your rights

6.1

Apart from the licences granted under the Terms, we obtain no right, title or interest from you or your licensors under these terms to any content that you submit, post, transmit or display on a Luke Feldman Group Pty Ltd Service or any intellectual property rights subsisting in or relating to same, in respect of which you are responsible.

Confidentiality

6.2

Apart from personal information (in respect of which, please see section 4 above), any communication or material that you transmit to, or post on, a Luke Feldman Group Pty Ltd Service or to us by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and non-proprietary information. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Luke Feldman Group Pty Ltd and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to a Luke Feldman Group Pty Ltd Service for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.

Trademarks

6.3

The trade marks, brand names, logos and related tag-lines and service marks displayed on any a Luke Feldman Group Pty Ltd Service in respect of our products or services (collectively, the "Trade Marks"), whether or not appearing in large print or with the trade mark symbol (®), may be registered and unregistered trade marks of LFG, its affiliates, related companies or its licensors or joint venture partners. Our Trade Marks, page headers, custom graphics, button icons and scripts, service marks, trade dress may not be copied, in whole or in part, without our prior written permission. You acknowledge that the Trade Marks used and displayed on a Luke Feldman Group Pty Ltd Service are and shall remain the sole property of us or the owner of the Trade Marks. Nothing contained on a Luke Feldman Group Pty Ltd Service should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trade Marks without the express written permission of Luke Feldman Group Pty Ltd or the owner of the Trade Marks. Your misuse of the Trade Marks, except as provided in these terms, is strictly prohibited. You are advised that we will aggressively enforce our intellectual property rights in relation to a Luke Feldman Group Pty Ltd Service and the content on a Luke Feldman Group Pty Ltd Service to the fullest extent of the law.