Terms of use

Website Terms of Use

This website is operated by Levande Pty Ltd (ACN 087 648 691) an entity wholly owned by EQT Infrastructure V Investments Singapore Pte. Ltd (EQT), and its related bodies corporate and trusts (together called "Levande") under the domain name levande.com.au ("Website"). These Terms of Use and the Privacy Policy together apply to, and govern your access, use and interaction with the Website. Levande includes the operating entities listed at: Find your Community. By proceeding with your access, use or interaction with the Website you agree to accept these Terms of Use, which include our Privacy Policy (available at Privacy Collection Notice), and Levande agrees to grant you a non-exclusive, non-transferable licence to use this Website in accordance with these Terms of Use. You should review our Privacy Policy and these Terms of Use carefully and immediately cease using our website if you do not agree to these Terms. Pursuant to this licence and subject to the absolute right of Levande to vary access to all or any part(s) of the Website, you acquire a non-exclusive right to:

view the material in the Website;
access material contained in the Website;
and use the Website strictly in accordance with the provisions of this licence.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

In addition to the terms contained in these Terms of Use, there are also specific terms relating to certain sections of the Website which also form part of the terms of use and govern your access, use and interaction with those sections of this Website (“Additional Terms”). Since you are also bound by these Additional Terms, you should review them wherever they are accessible by you on the Website. In the event of any inconsistency between the provisions of these Terms of Use and the Additional Terms, the Additional Terms prevail to the extent of the inconsistency.

Links to other websites

The Website may contain links to other websites operated by third parties ("Third Party Websites"). Those links are provided for convenience and may not remain current or be maintained, and Levande is not responsible for the content on those linked websites and has no control over or rights in those linked websites. Levande does not endorse, or approve of the operators of Third Party Websites, or the content, information, graphics and material on those Third Party Websites ("Third Party Material") and you acknowledge and agree that your use of these Third Party Websites is at your own risk. Your access to Third Party Websites may be governed by the Third Party Websites’ own terms of use.

Levande may receive payments from operators of Third Party Websites in relation to goods or services supplied by the Third Party Website operator as a result of you linking to the Third Party Website from this Website. You may not create a link to this Website from another website or document without our prior written consent.

Website content

Levande is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, floorplans, text, graphic and their arrangement ( "Content"). Unless we indicate otherwise, you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without the prior written consent of Levande or the written consent of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

You acknowledge and agree that if you contribute content to the Website, such content will become the property of Levande and you hereby assign all rights, title and interests in and to such contributions, to Levande.

Subject to the terms of our Privacy Policy and any legal or regulatory obligations, any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions ("Feedback"), will be deemed to be non-confidential. Levande has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Levande will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

Levande reserves the right to remove or update any Content on this Website at any time, for any reason including, but not limited to, for any breach of these Terms of Use or upon receipt of claims or allegations from third parties or authorities relating to such Content. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Trade marks

The "Levande" name and all its associated trade marks are trade marks of Levande.

Any other trade marks appearing on this Website may be the trade marks of the relevant owners.

You must not use any trademarks that appear on this Website without the written consent of Levande or the relevant trademark owner.

Membership

By registering as a member of Levande you agree to be bound by these Terms of Use. The handling of your personal information provided when you register as a member will be managed in accordance with our Privacy Policy.

Membership is optional, free and open to all Australian residents aged 15 years and over. Participants aged under 18 years must obtain the consent of their parent or legal guardian before applying for membership and providing personal information about themselves, and that parent or legal guardian must exercise supervision of that participant's use of our website and account. The parent or legal guardian of a member under the age of 18 must read these Terms of Use and by submitting the online form, the parent or legal guardian consents to and acknowledges and agrees to these Terms of Use.

attend a customer care office at any Levande sales office and request to join the program
join the program through visiting Levande's website at Contact Us and provide the required information (required information may include but is not limited to, their full name and a current and valid email); or
join the program through any Third Party Platform (for example, a Google account, Facebook etc.)("Third Party Platform"). Any participant registering through any Third Party Platform acknowledges that Levande may have access to certain personal information and details, including but not limited to, the following details:
- the participant's public profile information on the Third Party Platform;
- the participant's friends or contacts list on the Third Party Platform; and
- the participant's email address used in connection with the Third Party Platform.

When you apply to become a member, you will provide us with personal information such as your name, email address and phone number. You must ensure that this information is accurate and current. We will handle personal information we collect in accordance with our Privacy Policy (available at Privacy Collection Notice). If a participant registers using, or through, a mobile application (App), the participant is responsible for maintaining the strict confidentiality of their login details for the App and is responsible for any activity under their account.

A participant agrees to immediately notify Levande of any unauthorised use of their account or password or any other breach of security. It is the participant’s sole responsibility to control the dissemination and use of their password and control access to and use of their account. Levande will not be responsible or liable for any loss or damage arising from a participant’s failure to comply with this provision.

If a participant uses a Third Party Platform to register, the participant acknowledge that their personal profile may be updated by accessing any Levande content via the Third Party Platform. Further, the participant consents to the disclosure and transfer of their personal information, by Levande to the Third Party Platform for purposes relating to Levande. Membership to and use of any Third Party Platform generally is subject to the prevailing terms and conditions of use of that Third Party Platform. Unless otherwise specified or declared, Levande is in no way sponsored, endorsed or administered by, or associated with the Third Party Platform. Participants are solely responsible and liable for any content or information they transmit to other internet users.

To the extent permitted by law, each participant agrees to indemnify, defend, release and forever hold harmless, Levande and its associates, directors, officers, employees, agents and contractors against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the participant, another participant or a third-party (as applicable) in respect of the participant's membership with Levande. In the event that the participant is under the age of 18, that participant's parent or guardian assumes all liability resulting from that participant's use of our website and their membership.

Any questions, comments or complaints about Levande must be directed to Levande and not to the provider or operator of the Third Party Platform.

Indemnity

To the maximum extent permitted by law, including the Australian Consumer Law, you agree to indemnify, hold harmless and keep Levande and its associates, directors, officers, employees, agents and contractors indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your use of this Website, your breach of provisions this licence or these Terms of Use, or your breach of any rights of third parties.

Your conduct when using this Website

You acknowledge and accept that your use of the Website indicates your acceptance of this licence and these Terms of Use and that you are responsible for all of your activity in connection with accessing, using and interacting with, the Website.

In accessing, using or interacting with, the Website, you must not:

take any steps to obtain unauthorised access to this Website or any parts thereof that are not opened to public access or which you do not have a right or licence to access; disrupt or interfere with or make attempts to disrupt or interfere with:
- the Website;
- any other user's enjoyment of this Website or Third Party Websites; or
- any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;
engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of the Website or Third Party Websites;
use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form on this Website without the express consent of Levande except as expressly authorised by this licence;
use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of Levande;
take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Website;
reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.

User Responsibility

In accessing this Website, you acknowledge and agree that:

you must comply with all applicable local, state, national and international laws and regulations that relate to your use of, or your activities on, this Website. Levande reserves (at its absolute discretion) the right to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user;
if Levande issues you with a password that permits you to access certain parts of this Website, you are solely responsible for the security of that password and for any use of the Website through such access, whether authorised or not; and you have exercised your independent judgment and have not relied on any warranty or representation made by Levande which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Levande (which material may be out of date or superseded).

Disclaimers

The Content may contain general information about Levande's products and services. Unless expressly stated otherwise, the Content does not:

constitute an offer or inducement to enter into a legally binding contract;
form part of the terms and conditions for Levande's products and services;
purport to provide you with personal financial or investment advice of any kind; or take account of your particular financial or other personal position or requirements.

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Warranties and representations

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure. The existence of inaccurate, incomplete or superseded material in this Website will not cause Levande to be in breach of the terms of the licence.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of or access to our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

If any statute implies terms into this licence or these Terms of Use, which cannot be lawfully excluded, such terms will apply, save that the liability of Levande for breach of any such implied term will be limited to the maximum extent possible, at the option of Levande, to any one or more of the following:

the replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
the repair of such goods or services;
the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or
the payment of the cost of having the goods repaired or the services performed again.

Termination and suspension

Levande reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate this Website or any service offered by or through this Website, at any time. All provisions of this licence and these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.

Waiver

Failure or neglect by Levande to enforce at any time any of the provisions of this licence or these Terms of Use shall not be construed or deemed to be a waiver of the rights of Levande under this licence or these Terms of Use.

No waiver by Levande of its rights under this licence or these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency

A reference to "$" or "dollars" throughout this Website is a reference to Australian currency, unless stated otherwise.

Privacy

Levande respects your privacy. If you provide information to us through using, accessing or interacting with, the Website, you agree to provide accurate, current and complete information and agree to maintain and update such information where appropriate. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms. The Privacy Policy applicable to this Website explains how personal information will be treated as you access, use and interact with this Website, as well as how Levande manages the collection, use, disclosure, storage of your personal information and can be accessed on the Privacy page of this Website (available at Privacy Collection Notice).

Severability

If any parts of these Terms of Use or licence are deemed to be unlawful, void or for any reason, unenforceable then that provision may be severed from this licence and it will not affect the validity and enforceability of the remaining provisions.

Applicable law

This licence is governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.