In this policy, "us", "we" or "our" means James Lau Family Trust (ABN 73 425 620 550).
What information we collect, for what purpose and how we use it:
We collect information you’ve voluntarily supplied to us such as your name, contact details (including phone numbers and addresses) and possibly financial information, including your credit card information. We collect data relating to your activity on our websites (including IP addresses) via tracking technologies, such as cookies. We gather data relating to your responses to our survey and interactive videos (the movesandshakes tool).
We collect this information for the purpose of improving the user experience (for example, remembering at what stage of a video it stopped playing, to allow you to resume play at a latter date). We may state a more specific purpose, at the point we collect your information, if our purpose deviates from this. We collect responses to our survey/interactive videos to generate feedback reports, which only you can view, unless you give consent to others (such as your peers) to view them. Your survey data may also be reported at an anonymous, aggregate level and will not be traceable back to you. From time to time, we will contact you using your email, but only where it relates directly to our products and services (and not of a third party) e.g. to verify your identity. We will disclose personal information to third parties, including vendors engaged by us, to perform services (such as system developers), or as part of a sale (or proposed sale) of all or part of our business. Under such circumstances we will undertake responsibility to ensure there isn’t a breach of the conditions defined here.
You will be given the opportunity to “opt out” from receiving communications from us. For example, you will be given the option to unsubscribe from notifications (such as new episodes), e-newsletters and other marketing material sent by us. You may “opt out” from receiving these communications by either clicking on an unsubscribe link at the end of an email, or by updating your personal details on our members page (or by sending an email to us). You may also cancel your account by contacting us.
Accessing your information and how to contact us
If you would like to access to personal information we hold about you, or if you have any questions or complaints about how we collect, use, disclose or store your personal information, you can contact Johanna Cervantes Production Manager, 18 Maria St Petersham NSW 2049.
We may, from time to time, review and update this policy, including to take into account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.
This policy was last updated in Mar 2014.
James Lau Family Trust is the owner and operator of this Site (ABN 73 425 620 550). Users of this Site (Users) agree to be bound by these Terms & Conditions, which are subject to change at our sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
General. Users will not use this site for any purpose or in any way which is unlawful. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of New South Wales, Australia.
Membership. To access or use certain parts of our Site, you must register as a member of the Site. When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. You must not register as a member multiple times. You must not impersonate or create a membership for any person other than yourself. We may at any time request a form of identification to verify your identity. You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person. We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of our Site, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
Use of any Material relating to our Site by Minors. Children under 18 or the age of majority in their jurisdiction of residence (“Minors”) may use Material on our Site, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents, guardians, and/or authorized school officials. We rely on parents and guardians to ensure Minors only use any Material relating to our Site if they can understand their rights and responsibilities as stated in these Terms. If you are a parent or guardian and you provide your consent to a Minor’s use of Material relating to our Site, you agree to be bound by the Minor’s use on any Material of our Site and by the Terms contained here.
Account Confidentiality/Security. You agree that you have the responsibility for maintaining the confidentiality and security of your Account Information. You agree to notify us immediately of any unauthorized use of your Account Information.
Your Conduct. You must not:
(a) use our Site in breach of any applicable laws or regulations;
(b) use our Site (or Material obtained from our Site):
• to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
• to impersonate any person or entity;
• to solicit money, passwords or personal information from any person;
• to harm, abuse, harass, stalk, threaten or otherwise offend others; or
• for any unlawful purpose;
(c) Use our Site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
• is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
• contains, promotes, or provides information about unlawful activities or conduct;
• is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
• exploits another person in any manner;
• poses or creates a privacy or security risk to any person;
• you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
• contains nudity, excessive violence, or sexual acts or references;
• includes an image or personal information of another person or persons unless you have their consent;
• contains large amounts of untargeted, unwanted or repetitive content;
• contains restricted or password only access pages, or hidden content;
• contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
• advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
• contains financial, legal, medical or other professional advice;
(d) interfere with, disrupt, or create an undue burden on our Site;
(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of our site;
(g) frame or mirror any part of our Site without our prior written authorisation; or
(h) modify, redistribute, adapt, broadcast, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Site.
Intellectual Property. Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the our Site. Our Site contains Material that is protected by copyright, trade mark and other laws. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of the James Lau Family Trust.
In particular, you may not use any Material on our Site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on our Site should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on our Site without the express written consent of the relevant owner.
Non-Guarantee of Availability of Content/Function. As part of our process of continuously improving contents of our Site, we may retire certain functions, content or features, or enable new functions and features. We reserve the right to make modifications to contents of our Site at our discretion.
Third Party Content & Links. This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that content. This Site may include links to third party sites which are not related to James Lau Family Trust, and in relation to which James Lau Family Trust has no control or interest. The appearance of those links on this site does not indicate any relationship between James Lau Family Trust and that third party or any endorsement by James Lau Family Trust of that third party, its site or the products or services which it is advertising on this Site.
Contributing Content. When you submit content to our Site in any format, including any text, photographs, graphics, video or audio, you grant James Lau Family Trust a non-exclusive, royalty-free, perpetual license to publish, transmit or otherwise use that content in any way, now and in the future. James Lau Family Trust reserves the right not to use the content you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify James Lau Family Trust against any and all legal fees, damages and other expenses that may be incurred by James Lau Family Trust as a result of a breach of the above warranty. You waive any moral rights in your contribution for the purposes of its submission to and use by James Lau Family Trust in accordance with these terms.
You use our Site and our tools at your sole risk.
All Material, including Expert Comments, contain on our Site is provided as general information only. It is not intended as advice, guidance or instruction and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
In some cases the material on our Site may incorporate or summarise views, standards or recommendations of third parties or comprise material contributed by third parties (including Experts on our Experts Panel). Such third party material is assembled in good faith, but does not necessarily reflect the considered views of James Lau Family Trust, or indicate a recommended course of action. The James Lau Family Trust makes no representation or warranty about the accuracy, reliability, currency or completeness of any third party information.
The James Lau Family Trust is not liable for any Loss resulting from any action taken or reliance made by you on any information or Material posted on our Site (including, without limitation, third party information).
We do not make any representation or warranty that any Material on our Site will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with our Site in any circumstance.
All characters, names and personal details used in the videos on our Site are entirely fictional. Any resemblance of characters to actual persons, living or dead, is purely coincidental.
The opinions of Experts or that of our Expert Panel presented on our Site including Scorecards is intended to provoke thought, and not to be regarded as advice, nor as the views of James Lau Family Trust and its officers.
No Representations or Warranties. The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by our Site are provided to you on an “as is” basis. James Lau Family Trust and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, James Lau Family Trust does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation Of Liability. In no event will James Lau Family Trust be liable to you, or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if the James Lau Family Trust has been advised of the possibility of such damages. James Lau Family Trust’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
Indemnity. You agree to fully indemnify and hold us harmless against any expenses, costs, Loss (including consequential Loss) or damage that we may suffer or incur as a result of, or in connection with your use of, access to or conduct in connection with our Site, including any breach by you of the Conditions.
Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises between you and James Lau Family Trust, our goal is to provide you a neutral and cost effective means to resolve the dispute quickly. To that end, you agree to first contact James Lau Family Trust. If that does not resolve the issue, then you and James Lau Family Trust agree to the following methods to resolve any dispute or claim.
GENERAL. YOU AGREE WITH JAMES LAU FAMILY TRUST THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JAMES LAU FAMILY TRUST WILL RESOLVE THROUGH BINDING ARBITRATION ANY “ARBITRAL CLAIM,” which is any claim or dispute you have against or with James Lau Family Trust or James Lau Family Trust Indemnified Parties, or any claim James Lau Family Trust has against or with you, arising out of or relating to this Agreement to Arbitrate (including its formation, enforceability, performance, and breach), James Lau Family Trust, the parties’ relationship with each other, or any advertising relating to James Lau Family Trust. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitration, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration, and shall be empowered to grant whatever relief would be available in a court under law or in equity.
Arbitration is different from court; the rules, including discovery, are different and no judge or jury is present at an arbitration. The award is final and binding and subject only to very limited review by a court. The parties understand that, absent this mandatory provision, they may have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited.
Exceptions. Notwithstanding the parties’ decision to resolve all arbitral claims through arbitration, this agreement to arbitrate does not preclude you from bringing a claim in small claims court on an individual basis, if your claim qualifies. It also does not preclude either party from bringing claims in a court of law to enforce intellectual property rights; or for James Lau Family Trust to bring claims in a court of law to prevent or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in Sydney, Australia for provisional remedies, including temporary restraining orders, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized above.
Class Action Waiver. You and James Lau Family Trust agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You further agree with James Lau Family Trust that neither you nor James Lau Family Trust will join any arbitral claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no arbitral claim will be resolved on a class-wide basis; that neither you nor James Lau Family Trust will assert an arbitral claim in a representative capacity on behalf of anyone else; and both parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
GST. Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) our Site are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.
Severability. If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver. No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age. By using our Site, you affirm that you are 18 years or over, or otherwise possess legal parental or guardian consent.
Applicable law. These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
Definitions. In these terms and conditions:
"Material" means text, illustrations, photos, audio, video, any combination of these or other material.
"Us", "we" or "our" means James Lau Family Trust (ABN 73 425 620 550) and/or its related entities.
“Site” means this website and websites operated by James Lau Family Trust which may be accessed in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.
“Loss” means injury or damage including loss of income, loss of employment, loss of profits, business disruption, damage to assets, personal damages including mental and physical harm, deterioration in personal, financial and social circumstances, and damage to personal reputation.