Effective October 2024

All of the Lucy Peel’s websites, social media pages, related digital/software services, content, information, programs, tools, goods, and services (collectively, the “Services”) that you are using, accessing, and/or purchasing are owned and operated by Lucy Peel and its subsidiaries or affiliates (collectively, “Lucy Peel”). The references to “we,” “us,” and “our” as used in these Terms of Use refer to Lucy Peel.

By accessing or using our Services, you are agreeing to be bound by these Terms of Use together with our Privacy Policy. If you do not agree to all the terms and conditions of these Terms of Use and our Privacy Policy, then you may not access or use any of the Services. If these Terms of Use and our Privacy Policy are collectively considered an offer, acceptance is expressly limited to these Terms of Use and our Privacy Policy. These Terms of Use apply to all users of the Services, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. All of the Services provided by Lucy Peel are for entertainment purposes only. None of the Services should be construed as giving any kind of medical, psychological, financial, or legal advice, or as a replacement thereof. Refunds are not granted after any of the Services have been rendered.

If you do not agree with any of the provisions found in these Terms of Use, then you should not use or access the Services.

1. INTELLECTUAL PROPERTY

All intellectual property or other content contained in the Services is owned and controlled by Lucy Peel, unless expressly stated otherwise. All rights are reserved by Lucy Peel.

All content included in the Services are the copyrighted property of Lucy Peel. All content is protected by Australian and international copyright laws, including the Berne Convention.

By working with Lucy Peel you agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any intellectual property appearing on our Services, except with prior written consent from Lucy Peel

If you believe any content or material contained on the Services infringes upon your rights, you must submit written notice to our copyright agent at hello@lucypeel.com.au. We will investigate your submission and may request additional information or statements necessary to verify your claim. If it is found that the content infringes upon your rights, we endeavor to remove the infringing material within thirty (30) calendar days of reaching such conclusion.

2. PERMITTED USE

The Services are provided for your personal use, general information, and convenience. The Services cannot be shared by you. Your right of use can be revoked at will by Lucy Peel. The information contained herein can only be used, linked, and shared by you in accordance with permitted fair use doctrines.

3. DISCLAIMER OF WARRANTIES; LIABILITIES

The Services are provided on an as is and as available basis with no guarantees made with respect to any results of any kind. Lucy Peel makes no express or implied warranties in connection with the Services, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions. Further, Lucy Peel does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials accessed via the Services, or otherwise relating to such materials or on any sites that may be linked to the Services. By accepting these Terms of Use, you agree that the use of Lucy Peel’s Services, even if used as instructed, is only offered suggestively and cannot, to the maximum extent allowed by applicable law, result in any liability to Lucy Peel.

4. LIMITATIONS ON DAMAGES

In no event shall Lucy Peel, its assigns, partners, vendors, licensees, advertisers, or suppliers be liable for any losses or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of: (i) the use or inability to use the Services; (ii) any reliance placed by you on the completeness, accuracy, or existence of any advertising provided through the Services; (iii) as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; (iv) any permanent or temporary inaccessibility of the Services (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Services.

These limitations on Lucy Peel’s liability to you shall apply irrespective of whether Lucy Peel has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Lucy Peel may only be liable for a sum equal to the fees paid by you for any of the Services.

5. REVISIONS

Lucy Peel does not warrant that any of the materials or content on the Services are accurate, complete, or current. Lucy Peel may make changes to the materials or content contained on the Services at any time without notice.

6. LINKS; USER GENERATED CONTENT; INDEMNIFICATION

a. Lucy Peel has not reviewed all of the websites that may be linked to the Services and is not responsible for the content or any goods or services that may be accessed, shared, or offered through any such linked sites. The inclusion of any link does not imply any endorsement by Lucy Peel of the site. Use of any such linked website is at the user’s own risk and you understand and agree that Lucy Peel is not responsible for the terms of use, privacy policies, or security practices of any linked sites or third-party services, including, without limitation, the accuracy of content or availability of any goods or services on linked sites or third-party services.

b. Areas of our Services may allow you to post comments, likes, photos, videos, or other content (collectively, “User Generated Content”). Lucy Peel is not responsible for any User Generated Content that individuals may post or display on or through the Services. However, once you post or submit your User Generated Content through or on our Services, you represent that you have all necessary rights, interest, and title to such User Generated Content and you grant Lucy Peel a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, use, copy, reproduce, adapt, modify, translate, publish, publicly perform, display, distribute, digitally transmit, store, such User Generated Content, and to further sell, modify, create derivative works from or incorporate such User Generated Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.

c. You agree to indemnify, defend, and hold harmless Lucy Peel, its assigns, partners, employees, agents, licensees, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to: (i) your User Generated Content; (ii) your use of the Services; (iii) any violation of these Terms of Use; and/or (iv) any law or the rights of any third party.

7. TERMS OF USE MODIFICATIONS

Lucy Peel may revise and update these Terms of Use at any time without notice. By using the Services, and continuing to access the Services, you are agreeing to be bound by the then-current version of these Terms of Use.

8. GOVERNING LAW

Any claim arising under these Terms of Use shall be governed by the laws of the the State of Victoria without regard to any choice of law or conflict of law provisions. You covenant that any court of competent jurisdiction shall have sole and exclusive jurisdiction over any claim or controversy arising from either this Terms of Use or our Privacy Policy, and venue shall be proper in any such court.

If you access the Services from a location outside of Australia, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Lucy Peel makes no representation that materials on its Services are appropriate or available for use in locations outsides of Australia, and accessing them from territories where their contents are illegal is prohibited.

For residents of the European Union, if you have claims related to our handling of your “Personal Data”, we request that you please follow the complaint procedures that we outline in Section 8 of our Privacy Policy. We also recognize that certain member nations of the European Union and other non-European Union countries that may have jurisdiction over your access of the Services may have different dispute resolution procedures, and as such, we ask that you still contact us at hello@lucypeel.com.au and inform us of your location and applicable jurisdiction, so that we may address your country-specific concerns as needed.

10. INTEGRATION

These Terms of Use along with the Privacy Policy constitute the entire understanding and agreement between you as the user of our Services and Lucy Peel.

11. SEVERABILITY

If part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of either the Terms of Use or our Privacy Policy which shall remain in full force and effect.

12. PRIVACY POLICY

Lucy Peel respects your privacy and is committed to appropriate technical and organizational measures to safeguard any Personal Data you may share with us. We urge you to read our Privacy Policy in order to review and understand how we may process Personal Data and the rights you have regarding Personal Data you may provide to us.

13. TERMINATION

Lucy Peel reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Services as permitted under prevailing law. Lucy Peel also reserves the right to block users from certain IP addresses and prevent access to the Services. The provisions in these Terms of Use relating to intellectual property, User Generated Content, indemnification, limitation of liability, severability, and other provisions that by their nature may survive termination shall survive any termination.