Website terms of use

Left Bank Co. 2023

This website (referred to in these Terms of Use as the Website) is owned and operated by Michelle Tabet Pty Ltd ACN 602 137 351 t/as Left Bank Co, who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.

The content on the Website is copyright © 2016 Michelle Tabet Pty Ltd ACN 602 137 351 t/as Left Bank Co or other copyright owners.

Access to and use of this Website and the products and services available through this Website (collectively, Services) is conditional on your acceptance without alteration of the terms, conditions and notices set out below (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

If you do not agree with the Terms of Use you should not use this Website.

1. Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable (in whole or in part) at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

2. Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

3. Privacy policy

Our privacy policy, which sets out how we will use your information, can be found here >. By using this Website, you consent to the processing of your personal information described in the privacy policy and warrant that all data provided by you is accurate.

4. Your use of this website

  1. You must not:

    1. misuse this Website or the content contained on it;

    2. publish, manipulate, distribute, sell, licence or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise; or

    3. use this Website and its content in any way that competes with our business.

  2. You will not via this Website:

    1. commit or encourage a criminal offense;

    2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

    3. hack into any aspect of the Service; corrupt data; cause annoyance to other users;

    4. infringe upon the rights of any other person's proprietary rights;

    5. send any unsolicited advertising or promotional material, commonly referred to as "spam";

    6. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;

    7. harass or defame another person; or

    8. do anything to breach another person’s privacy.

  3. In the event you breach this provision and it constitutes a criminal offense we may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

  4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

5. Intellectual property, software and content

  1. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of us or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors.

  2. Your use of this Website does not grant or transfer to you any rights, title or interest in relation to our Website or its content.

  3. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

6. Limitation of liability

  1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

  2. To the fullest extent permitted by law we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and are not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort (including in negligence), equity, restitution, by statute, at common law or otherwise.

7. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

8. Disclaimer as to the website

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

  1. the Website, or the server that makes the site available on the internet, are free of software viruses;

  2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

  3. errors and defects in the Website will be corrected.

9. Linking to this website

  1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

  2. You must not:

    1. establish a link from any website that is not owned by you.

    2. frame this Website on any other site;

    3. create a link to any part of this Website other than the home page.

10. Indemnity

You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees on a solicitor/client basis) arising from your use of this Website or your breach of the Terms of Use.

11. Entire agreement

These Terms of Use constitute the entire agreement between you and us regarding its subject matter and supersede any prior versions of these Terms of Use and other communications or agreements between you and us.

12. Amendments to terms of use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended. If you do not agree with the Terms of Use as amended from time to time, then do not use this Website.

13. Variation of services and website

We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

14. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause or part of a clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

15. Waiver

Any failure by us to enforce any term of these Terms of Use shall not:

(a)         be treated as a waiver of that term; or

(b)        prejudice our rights to subsequently enforce that term.

16. Jurisdiction

These Terms of Use shall be governed by and interpreted in accordance with the laws in force in, and subject to the jurisdiction of the courts of, the State of New South Wales, Australia.