Welcome to the website of Luna Operations Pty Ltd (ABN: 26691076589) (“we”, “us” or the “Company”), a nanny and babysitter agency based in Melbourne, Victoria, Australia.
This website is located via the domain https://luna.melbourne and includes all of the files located in that domain (“this site”).
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AGREEMENT TO THESE WEBSITE TERMS OF USE
By accessing this site, you agree to be bound by these Terms of Use (“Website Terms of Use”). These Terms constitute a binding agreement between you and the Company and govern your use of this site.
PRIVACY POLICY
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy and our Booking Terms and Conditions.
LEGAL CAPACITY TO TRANSACT
If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
RESTRICTIONS ON USE AND PROHIBITED CONDUCT
Your use of this site is subject to the rules set out in Schedule 1 below.
VIOLATIONS OF THESE WEBSITE TERMS OF USE
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:
• you breach any provision of these Website Terms of Use;
• the Company is unable to verify or authenticate any information that you provide to us; or
• the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers, suppliers, or any other person.
INDEMNITY
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Website Terms of Use, or violation of any law or the rights of any person.
SERVICE
We make every effort to describe our services as accurately as possible. We cannot guarantee that your interpretation of these descriptions will be accurate. We reserve the right, but are not obligated, to limit the provision of services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services and/or service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue a service at any time. Any offer made on this site is void where prohibited.
SPECIFICATIONS
All images, descriptive matter, specifications and pricing are intended as a guide only. The Company reserves the right to change, alter or modify these without prior written notice.
PRICES
The Company reserves the right to change the prices for products and services displayed on this site at any time before you place an order. All prices displayed are in Australian dollars (AUD) and exclusive of GST. The Company reserves the right to vary prices without notice. All transactions are processed in AUD.
GST
Unless otherwise expressly stated, all amounts displayed are exclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
INTELLECTUAL PROPERTY
Copyright
In these Website Terms of Use, the term “Proprietary Content” means:
• this site;
• all of its content (including text, graphics, designs, software, data, sound and video files and other information contained in this site, and their selection and arrangement); and
• all software, systems and other information owned or used by the Company in connection with the services offered.
All Proprietary Content is the property of the Company or its licensors and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised or with prior written consent.
You may download and print out content from this site only for your own personal and non-commercial use and provided you do not remove or modify any copyright or trademark notices.
Trademarks
The look and feel of this site (including icons, scripts, graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These may not be used without prior written consent.
Copyright claims
If you believe our site contains infringing material, or links to infringing content, you may send us a written notification. We will investigate and act accordingly.
DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this site and any services purchased or obtained, including implied warranties of merchantability, fitness for purpose or non-infringement.
This site is provided strictly on an “as is” basis. We make no representation or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of this site or its content.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise) including consequential, indirect or incidental damages.
GENERAL
Interpretation: Headings are for reference purposes only and do not define scope. The singular includes the plural and vice versa. References to “person” include all entities.
Notifications: The Company may provide notifications by email.
Costs: Each party must bear its own legal, accounting and other costs.
Assignment: You may not assign rights or obligations without consent. The Company may assign without notice.
Waiver: Waiver must be in writing and signed.
Severability: If any provision is held illegal or invalid, the remainder shall be enforced.
Variation: The Company reserves the right to amend these Terms at any time.
Governing law: These Terms will be governed by the laws of Queensland. The parties submit to the jurisdiction of Queensland courts.
SCHEDULE 1 – PROHIBITED CONDUCT
You must not:
• interfere with the proper working of this site;
• use this site to transmit viruses or illegal material;
• violate applicable laws;
• scrape or mine data from this site;
• send spam or junk mail;
• reproduce site material for commercial use;
• misrepresent your affiliation;
• post abusive, defamatory, unlawful or infringing content;
• disclose confidential information;
• violate privacy rights;
• or otherwise act in a manner likely to bring the Company into disrepute.
