Terms and Conditions
Terms and Conditions
1. DEFINITIONS
The following expressions used in these Terms and Conditions have the following meaning unless the context clearly requires otherwise:
a) Client (you / your) means any General Visitor or person who visits our website, enters information or data on a Page.
b) General Visitor means any person who accesses the Site but does not enter information or data on a Page.
c) IP means all intellectual and industrial property rights (such as copyright and related Rights), all Rights in relation to inventions (including patents and patent Rights), all registered and unregistered trademarks, all Rights relating to registered designs, and all other rights resulting from intellectual activity in the artistic, literary or scientific fields excluding any moral attribution Rights.
d) Obligation means any express or implied legal, equitable, contractual, statutory or other obligation, promise, agreement, covenant, commitment, duty, undertaking or liability.
e) Page means a page on the Site to which you can browse Participant or Clients suitable for your needs.
f) Participant or Clients means independent people or businesses who The Fulfillment Lab may advertise on the Site from time to time.
g) Rights means any legal, equitable, contractual, statutory or proprietary right, chosen in action, power, authority, benefit, privilege, remedy, or discretion.
h) Site means this website or other domains that The Fulfillment Lab may own.
i) Terms and Conditions means the Terms and Conditions set out in this document.
j) The Fulfillment Lab (us, our or we) means Mollie Tregillis and any of its related entities, servants and agents.
2. GENERAL
By using our Site, you agree that:
a) you have read and understood these Terms and Conditions and you agree to be bound by them;
b) The Fulfillment Lab may amend these Terms and Conditions from time to time, without notice to you. Any time you visit our Site, please check these Terms and Conditions for any amendments; and
c) The Fulfillment Lab may subcontract any and all of its Rights and Obligations under these Terms and Conditions.
3. WITHDRAWAL OF SITE
a) Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or error-free. We may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
b) You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions and that they comply with them.
4. OWNERSHIP OF IP
a) The parties agree that any IP that The Fulfillment Lab makes, develops, or conceives in providing its Site to you will remain the sole property of The Fulfillment Lab (to the extent that it was created by The Fulfillment Lab and no other party has ownership in the IP).
b) You shall not sell, transfer, publish, display, disclose or otherwise make these Rights available to any third party without the prior written consent of The Fulfillment Lab.
c) You may print off one copy and may download extracts of any page(s) from our Site for your personal use, and you may draw the attention of others to content posted on our Site.
d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
e) You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to:
use the Site in any manner that could disable, overburden, damage, or impair the Site;
use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
use any automatic or manual process to reverse engineer or decompile any part of the Site;
use any device, software or routine that interferes with the proper working of the Site;
introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage, disrupt or destroy any parts of the Site including its data, the server on which the Site is stored, or any server, computer or database connected to the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Site or use the Site in any other unlawful manner or for any unlawful purpose.
5. YOUR LOCATION
Our Site is mainly intended for General Visitors and Clients who are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
6. NO REPRESENTATIONS
a) This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
b) You agree that you are using the content on our Site for general information purposes only, and you are not relying on the Site as any form of professional or medical advice.
c) Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
7. THIRD-PARTY LINKS
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third-party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
8. VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
9. ILLEGALITY AND SEVERABILITY
So far as possible the Terms and Conditions will be construed so as not to be invalid, illegal or unenforceable. If any provision is deemed by a court of competent jurisdiction to be illegal, invalid or unenforceable:
that provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable and in such manner as may be reasonable in all the circumstances so as to give it a valid operation of a partial character; or
if the provision or part of it cannot be read down in a manner that will give it a valid operation, then the provision or relevant part will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired.
10. JURISDICTION
You agree that the laws of Victoria apply to these Terms and Conditions regardless of your business or residential location.
11. ELECTRONIC COMMUNICATION
You agree that we may communicate with each other by electronic means such as e-mail or SMS. You recognise e-mail and the internet are inherently insecure and that emails and data can become corrupted, are not always delivered promptly (or at all) and that other methods of communication may be appropriate. You acknowledge such hazards and that you are responsible for protecting your own systems and interests, and we are not responsible for any loss or damage in any way arising from the use of electronic communication.
12. LIMITATION OF LIABILITY
a) In no event will we, our related bodies corporate or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites. This includes any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
b) Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
13. COMMUNITY STANDARDS
When engaging with The Fulfillment Lab’s online platforms, including any community areas, you must maintain confidentiality, respect other participants, and refrain from any behaviour that could reasonably be considered offensive, unlawful, or harmful. Sharing another participant’s personal or confidential information, or redistribution of The Fulfillment Lab’s proprietary content, is strictly prohibited.
