- 1. STANDARD TERMS
- 1.2 Lovatts Media recognise that privacy is very important and aim to adhere to the Australian Privacy Principals and other applicable privacy legislations.
- 1.6 We may discontinue or change any product, service, feature or specification on teenbreathe.com.au at any time and without notice.
- 2. FEES AND PAYMENTS
- 2.1 Lovatts Media offer premium products, services and subscriptions for a fee. Payment and other applicable terms relating to your use of the products and services, if any, will be disclosed to you at the time you sign up for any fee-based products or services and you will be subject to those additional terms.
- 2.2 Your fees are payable in advance, unless specifically noted otherwise, and are not refundable in whole or in part. We reserve the right to change our fees or billing methods at any time.
- 2.3 Online purchases: Any order placed by you is an offer by you to purchase the particular product or service specified. We reserve the right to accept or reject your order for any reason, including, and without limitation, an error in your order or in the material or content on the teenbreathe.com.au website, or the unavailability of the product or service.
- 3. YOUR RESPONSIBILITIES
- 3.1 You may use Lovatts Media Websites including: teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com, youplay.com and their affiliated social media pages for lawful purposes only. You may not submit or transmit through teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com any material or otherwise engage in any conduct that:
- 3.1a violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights
- 3.1b is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts
- 3.1c victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- 3.1d impersonates any person, business or entity, including Lovatts Media Group and its employees and agents
- 3.1e contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network
- 3.1f encourages conduct that would constitute a criminal offence, or that gives rise to civil liability
- 3.1g violates the Terms of Service, guidelines or any policy posted on Lovatts Media Websites including teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com
- 3.1h interferes with the use and enjoyment of teenbreathe.com.au by others
- 3.1i damages, disables, overburdens, or impairs our servers or networks or
- 3.1j attempts to gain unauthorised access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
- 3.1k Lovatts Media may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms of Service.
- 4. PROPRIETARY RIGHTS
- 4.1 Material on Lovatts Media websites including but not limited to the selection, organisation, arrangement, and enhancement of the content, the look and feel of the colour combinations, button shapes, and other graphical elements, logos, brands and trade names is protected by all applicable laws including copyright and trade mark laws and may not be used without our prior written consent. Any unauthorised use of such material may violate copyright laws, trade mark laws and privacy laws and civil and criminal statutes.
- 4.2 You may not use any data mining, robots, or similar data gathering and extraction tools on the content, frame any portion of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com or content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent. You may not circumvent any mechanisms included in the content or used by us to prevent the unauthorised reproduction or distribution of the content.
- 5. THIRD PARTY WEBSITES
- 5.1 teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that Lovatts Media endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites.
- 5.2 Any dealings that you have with advertisers found on teenbreathe.com.au, com, breathemagazine.com.au, lovattspuzzles.com and youplay.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
- 6. DISCLAIMER OF WARRANTIES
- 6.1 Your use of teenbreathe.com.au, com, breathemagazine.com.au, lovattspuzzles.com and youplay.com is at your own risk. We make no warranties, representations or guarantees about teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com and to the fullest extent permitted by law, we and our suppliers specifically disclaim implied warranties that teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com and all software, content and services distributed through teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
- 6.2 Lovatts Media do not guarantee that teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com content will meet your requirements, is error-free, reliable, without interruption or available at all times.
- 6.3 Lovatts Media do not guarantee that the results that may be obtained from the use of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com, including any support services, will be effective, reliable, accurate or meet your requirements.
- 6.4 Lovatts Media do not guarantee that you will be able to access or use teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a us or our representatives shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
- 6.5 Lovatts Media assume no responsibility and shall not be liable for any damages or viruses that may infect your computer equipment or other property on account of your access to and use of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com. We assume no responsibility and shall not be liable for any problems or technical malfunction of any telephone or network or lines, servers or providers, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures related to or resulting from your access to and use of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com
- 7. LIMITATIONS OF LIABILITY
- 7.1 Your sole and exclusive remedy for any dispute with us is to discontinue your use of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com
- 7.2 Lovatts Media and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com. 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.
- 7.3 To the fullest extent permitted by law, our liability for breach of any implied warranties, conditions or undertakings which cannot be excluded is limited to (i) the supply of the product or service again or (ii) the payment of the cost of having the product or service supplied again.
- 8. INTERNATIONAL USE
- 9. TERMINATION
- 9.1 Your right to use teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com. automatically terminates if you violate the Terms of Service or any rules or guidelines posted in connection with teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com. We also reserve the right, in our sole discretion, to terminate your access to all or part of teenbreathe.com.au, audreydaybook.com, breathemagazine.com.au, lovattspuzzles.com and youplay.com, for any reason, with or without notice.
- 10. COLLECTING PERSONAL INFORMATION
10.1 The information Lovatts Media collect from our customers, website visitors and social media communities helps us personalise, market and continually improve our products and services. It also facilitates the provision of our products and services and other information to you including purchase transactions undertaken through our websites and social media pages. You are not obliged to provide your personal information however failure to do so may result in us being unable to provide you with certain content, products or services or information or to process your transactions, provide after sales services or accept entries to promotions or competitions where applicable.
10.2 Lovatts Media may also collect automatic information which tells us about visitors to our websites and social media pages such as the date, time and duration of visits and which pages of the websites are most commonly accessed, and the Internet Protocol (IP) addresses and browser type. You cannot be identified from this information and we use it to collect broad aggregated information to help us improve our products and services.
10.4 Sensitive information might be collected from time to time buy Lovatts Media via surveys, competitions or other means, this information will only be collected if volunteered by the Users and with their consent. Users can choose not to actively volunteer sensitive information to Lovatts Media, however if they do provide information when asked or promoted, including sensitive information, the User is providing consent for Lovatts Media to collect, store and use that information for business purposes.
10.5 When Personal Information is updated with Lovatts Media it may take up to 90 days from the accessible systems, and up to 120 from the backup systems for us to update personal information.
- 11. HOW WE COLLECT THE INFORMATION
- 11.1 Lovatts Media collect information as follows
- a) Voluntarily: Lovatts Media collect information Users provide to us in optional, voluntary submissions, including but not limited to purchases via website, email and phone, registration forms, user profiles, promotional sign ups, sweepstakes/ competition entries, email or phone requests for customer service, software and mobile applications downloads and curriculum vitae submissions.
- 12. USES OF THE INFORMATION
- 12.2 Lovatts Media generally use the Personal Information provided to establish and enhance the delivery of our products and services and for:
- a) Communication
To provide You with customer support, process transactions, respond to users’ requests, send newsletters and updates, send special offers and advertisements, seek Your opinions and feedback, and connect users to Lovatts Media Sites and/or Services and to products and services of Our partners and licensees.
- b) Optimisation
To provide, improve, and maintain Lovatts Media websites and services, to develop new products and services, to prevent abuse and fraud, to personalise and display advertisements and other content for You, and for other administrative and internal business purposes.
- c) Marketing and advertising
To personalise and display advertisements and other content for You.
We may share your anonymised email address with one or more of our third-party business partners including social media sites, so that You will receive more relevant online ads from us and other parties. This works by dropping a cookie on your browser linked to data that is known about you so that third party advertisers can show you more relevant ads. We may also use various measurement services and companies to analyse collected data about Your engagement with Our Sites and Services. The information that is collected is not personally identifiable, and is pseudonymous or aggreged data that does not identify any individual user. The third-party analytics companies that We use may share the User information they collect from Our Sites with other measurement companies, who gather data from various sources, analyse and report on it for their clients. The reported information will cover various elements, for example it may summarise how many people have viewed a certain webpage within a certain age bracket. By using our Sites and Services, You consent to the collection of data by Lovatts Media servers or third party affiliates, or the transfer of information to them, wherever necessary for Lovatts Media’s performance optimisation.
- d) Sharing features
By using any third-party service to share links to content, You permit Lovatts Media to access, use and disclose any information relating to Your account on each such third party service (such as Your user name and profile information) available to Lovatts Media through the third party service. We may use third-party advertising companies to serve advertisements to you when you visit our websites. These companies may use information about your visits to our and other websites in order to provide advertisements about goods and services of interest to you.
- 13. COOKIES AND LOCAL STORAGE
- 13.2 Local storage is used to store current general data. No personal details are stored using this technology.
- 14. INFORMATION SHARING
- 15. SECURITY
- 15.1 We take appropriate measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data. However, security of communications over the Internet cannot be absolutely guaranteed and we cannot be held responsible for events arising from unauthorised access to personal information.
- 16. LINKS
- 16.1 Lovatts Media websites may from time-to-time contain links to other organisations’ websites, including social media links, applications and features where relevant. Those websites and organisations are responsible for their own privacy practices and you should review their respective privacy policies. We cannot be held responsible for the conduct of those organisations.
- 17. ACCESS AND QUESTIONS
- 17.2 Further information can be found at the Government Privacy website privacy.gov.au