Your use of this Website signifies your acceptance of its terms listed below.
Last updated 01 July 2020

WEBSITE TERMS AND CONDITIONS OF USE

Endless Love Group ABN 57 092 687 155 ("Company" or "Endless Love") presents the Endless Love website at www.endlesslove.com (the "Website"). By visiting the Website, you signify your agreement to these terms and conditions (the "Terms"). If you do not agree to any of these Terms, please do not visit or use the Website. Endless Love may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions.

1) General Use of the Website

In connection with your visit to, or use of, the Website:
a) You agree not to alter or modify any part of the Website.
b) You agree not to collect any personally identifiable information from the Website.
c) You agree not to use the Website for any commercial purpose, including solicitation, unless you obtain Endless Love's prior written approval.
d) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Endless Love servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
e) You agree that in your use of the Website, you will comply with all applicable laws.
f) You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. "Content" includes text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the Website.

2) Website Content

The Content on the Website, and the trademarks, service marks and logos on the Website, are owned by or licensed to Endless Love, subject to copyright and other intellectual property rights under the law. Company or its licensors own and shall at all times retain all right, title and interest in and to the Content (including any intellectual property rights). You may not, for any commercial purpose: copy, modify, translate, reproduce, download, publish, broadcast, transmit, distribute, perform, display, license, sell or create derivative works from any Content or incorporate any Content into any other work, including your own website or social networking pages, or use the Content in any public manner, without Endless Love's prior written consent.

3) Website Availability

Endless Love reserves the right to discontinue any aspect of the Website at any time.

4) Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by Endless Love. Endless Love has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By visiting the Website, you expressly relieve Endless Love from any and all liability arising from your use of any third-party website.

5) Warranty Disclaimer; Limitation of Liability

The Website is provided to you AS IS. Company does not warrant that access to the Website will be uninterrupted or error-free or that defects will be corrected. In no event shall Endless Love, its affiliates, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website or Content, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website, and/or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, whether based on warranty, contract, tort, or any other legal theory, and whether or not Endless Love is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You understand that when using or visiting the Website, you will be exposed to Content from a variety of sources, and that Endless Love makes no representations with respect to such Content. The Website is offered by Endless Love, which is based in Australia. Endless Love makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6) User Submitted Content

In the event that you submit any Content to the Website, the following requirements must be met:
a) You must be at least 13 years of age or older to submit Content. If you are under 18 years of age you must have permission from your parent or legal guardian to submit Content. If anyone else under 18 years of age appears in the Content, you must have permission from that person's parent or legal guardian to submit the Content and to grant the rights set forth herein.
b) Content may not include any brand names, logos, advertising or other commercial elements.
c) Content must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright or trademark infringement.
d) Content may contain multiple people, provided you have consent from each person who may appear in the Content. The Content must be your own Content.
e) Content must not contain material that is inappropriate, indecent, obscene, offensive, sexually suggestive, defamatory, slanderous, or libelous in nature. Content must not contain material that promotes bigotry, racism, or violence against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
f) Content must not contain material that is unlawful or in violation of or contrary to the laws or regulations in any jurisdiction where the Content is created or submitted.

You understand and agree that Endless Love is not under any obligation to use your Content in any way. Endless Love reserves the right in its sole discretion to use, or not use, any Content, for any reason or no reason.

You expressly understand and agree that any Content you submit shall be Endless Love's sole and absolute property for any and all purposes whatsoever, in perpetuity, and Endless Love, its licensees, successors, and assigns shall have the unlimited right throughout the universe to copyright and publish, exhibit, or use said material, or any part thereof, in any manner that Endless Love shall desire, and in all media now or hereafter devised.

By submitting Content, you assign to Endless Love all right, title and interest in such Content, and relinquish for the benefit of Endless Love any moral rights in the Content. By submitting Content, and in consideration of receiving the opportunity to have your Content included in the Website: you represent that (i) you have the unrestricted right to submit the Content (ii) the Content complies with these Terms, (iii) the Content does not infringe any third-party rights or interests, and (iv) the Content does not contain any virus, bug or technical defect that would corrupt or otherwise affect the security, integrity or operation of the Website.

You (i) agree to bear all charges and other costs you may incur in connection with your preparation and/or submission of Content, and (ii) unconditionally and irrevocably release Endless Love and its affiliates from any and all liability, claims or damages relating to or arising out of the inclusion of the Content in the Website or any breach or alleged breach of any representation or agreement you make hereunder.

You shall have no right of review or approval, and no claim to compensation or any other claim (including, without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, alteration, or use in any composite form of the Content.

DO NOT SUBMIT YOUR CONTENT IF YOU DO NOT AGREE TO THESE TERMS. BY UPLOADING AND/OR SUBMITTING YOUR CONTENT, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.

You understand that Endless Love does not guarantee any confidentiality whatsoever with respect to any Content you submit. You shall be solely responsible for your Content and the consequences of submitting your Content to the Website.

7) Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our Copyright Agent at: Attn: Legal Department, Endless Love Group, PO Box 88, Virginia BC 4014, Australia, email: legal-officer@endlesslove.group. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

8) Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Endless Love, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity, or privacy right; or (iv) any claim that Content provided by you caused damage to a third party. This defense and indemnification obligation will survive your use of the Website.

9) Ability to Accept Terms of Service

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, you may not access, visit, or use the Website.

10) Assignment

These Terms, and any rights hereunder, may be assigned by Endless Love without restriction.

11) General

You agree that: (i) the Website shall be deemed solely based in Queensland, Australia; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Endless Love, either specific or general, in jurisdictions other than Queensland, Australia. These Terms shall be governed by the internal substantive laws of the State of Queensland, Australia, without respect to its conflict of laws principles. Any claim or dispute between you and Endless Love that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Queensland, Australia. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Endless Love's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are solely used for convenience and have no legal or contractual significance. Endless Love reserves the right to amend these Terms at any time and without notice, and it is your responsibility to periodically review these Terms for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND ENDLESS LOVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


PRIVACY POLICY

Endless Love Group ABN 57 092 687 155 ("Endless Love")

1. We respect your privacy
1.1. Endless Love respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. "Personal information" is information we hold which is identifiable as being about you.

2. Collection of personal information
2.1. Endless Love will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address, and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.

3. How we collect your personal information
Endless Love collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information
4.1. Endless Love may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Endless Love may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Endless Love, endlesslove.com, endlesslove.net, endlesslove.org, endlesslove.group its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to Australia, USA, UK, Singapore, New Zealand, England, Germany, France, Canada.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6. Security of your personal information
6.1. Endless Love is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at legal-officer@endlesslove.group.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

8. Complaints about privacy
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to PO Box 88, Virginia BC 4014, Australia. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9. Changes to Privacy Policy
Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website
10.1. When you visit our website When you come to our website (endlesslove.com, endlesslove.net, endlesslove.org, endlesslove.group) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyze how people use our site, such that we can improve our service.
10.2. Cookies We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
10.3. Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Endless Love is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.