Locus Focus is a property of WorkZerk Pty Ltd a limited liability company based in the state of Queensland, Australia that provides digital software products, training, services and consultancy subject to the following terms of service which may be updated from time time without notice and apply to the websites locusfocus.co and learn.locusfocus.co and any related or associated services or websites registered to WorkZerk Pty Ltd and may be known as other trading names or as the words 'us', 'we', 'our' in these TOS. WorkZerk Pty Ltd may also offer other services that are governed by other or different terms of service.
'Publicly Available Areas' means pages or areas of the website which can be generally simultaneously accessed by many different members of the public on the world wide web, even if those pages require a login.
'Websites' refers to any website, domain or internet service registered or operated and controlled by Locus Focus.
'Advertiser' refers to any third party service or promotion on a Locus Focus website including paid advertisements, affiliates or any other company with a commercial agreement or arrangement with Locus Focus for promotional or marketing purposes.
Description of Services and Products
Locus Focus provides users and clients with a range of services and digital products including but not limited to digital and traditional marketing, branding, management, guest experience critiques, surveys, graphic design, media production and consultancy for hospitality providers such as tourist attractions and theme parks, restaurants, hotels, motels, resorts and accommodation providers both in Australia and internationally. You understand that these services even if they have been purchased may contain advertisements. You also understand that these services may include service announcements, email messages, SMS messages, meetings, seminars, discussions, phone calls, administrative messages, newsletters and other forms of electronic and traditional communication and all communications from us are considered part of these terms of service. Unless otherwise stated any additional or new services from Locus Focus shall be subject to this TOS unless otherwise stated on their respective websites. You understand that this TOS are provided 'AS IS' and that Locus Focus accepts no responsibility for the timeliness, misdelivery, deletion or failure to register or store any user communications or settings. Your are responsible for connecting to our services through the use of your own Internet Service Provider and are responsible for those fees and any equipment required for this purpose.
In consideration of these terms of service, you represent you are of legal age to form a binding contract. You agree to provide (a) accurate, true and complete information about yourself as requested by our services registration processed and to update this data to keep it accurate and current. If you do provide information which is incorrect or untrue or we have reasonable grounds at our sole discretion to suspect as such, we have the right to suspend or terminate any of your memberships or services and refuse current or future use of the service or any part thereof.
Account and Password Security
You are obliged to create a password to access restricted areas of our website upon completing the registration process. You are entirely responsible for creating a secure password and for any activity that occurs when logged into your account. You agree to notify Locus Focus immediately if there is any unauthorised use of your account and to ensure you log out of the website at the end of each session. WorkZerk Pty Ltd T/A Locus Focus cannot be responsible and will not be liable for any loss or damage arising from your failure to adhere to these terms.
You understand that all data, text, software, music, sounds, photographs, video, messages, comments, tags or other materials and media whether publicly posted or privately transmitted and known as ("Content") is the sole responsibility of the person from whom the content originated. That means that you are entirely responsible for all content you submit, post, upload, email or transmit or otherwise make available via this service. As Locus Focus does not control the content generated, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the services of Locus Focus you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Locus Focus or its employees and contractors be liable in any way for any content, including not limited to errors in the content, omissions in any content or any damage or loss incurred as the result directly or indirectly from the use of any content posted, emailed, transmitted or otherwise made available by the service.
You Are Expressly Forbidden To
Upload, post, comments, send, transmit or otherwise make available any content which is unlawful, indecent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another person's privacy or is hateful or racially or ethnically or otherwise objectionable; harms minors; impersonates any person or entity including but not limited to a Locus Focus employee or contractor; forge headers or otherwise manipulate digital information in order to disguise the origin of content; you do not have the legal copyright; that is of a marketing or promotional nature except in those areas designated for such purposes or unless you have the express permission of Locus Focus; stalk or harass another user.
You Acknowledge That
Any information or content you access should not be relied upon to be accurate, complete or useful and in this regard you acknowledge that you may not rely on this content and bear responsibility for checking the veracity of it including but not limited to blog posts, podcast audio, video, training, seminars and webinars, discussions, meetings and phone calls.
Due to the global nature of the internet, you agree to comply with all local rules, regulations and laws regarding online conduct and acceptable content that may also apply to you.
You agree that any dealings, correspondence or participation in promotions or services of any advertisers are solely between you and that advertiser and that Locus Focus shall not be responsible or liable for any subsequent loss or damage incurred as a result.
We may provide or other third parties or advertisers may provide links to other links and resources. As we have absolutely no control over these sites, resources and services you acknowledge that Locus Focus is not responsible for the availability of such services. You further acknowledge that Locus Focus shall not be responsible or liable direct or indirectly for and damage or loss that incurs as a result of any connection with this service.
With regard to content submitted on 'publicly available' areas of web sites you grant Locus Focus and its affiliated companies the following worldwide non-exclusive and royalty-free license(s) as applicable:
- In regard to graphics, audio, video or photographs you submit you agree to grant Locus Focus the license to use, distribute, modify, adapt, publicly perform and publicly display this content on its services. This copyright is granted to Locus Focus and all its affiliate and related companies worldwide and terminates when you or Locus Focus removes the content from the service or you make a request to us by emailing email@example.com requesting the content to be removed and we action this request. - In regards, to written textual content including but not limited to blog posts, forum discussions and comments you submit you agree to grant Locus Focus the perpetual and fully sublicensable license to use, distribute, reproduce, modify, adapt publicly perform and publicly display this content and to incorporate any such textual content into other mediums or formats either known now or created at a later date.
No Resale of Services
You agree not to duplicate, copy, trade, resell or otherwise exploit for any commercial gain any part of the service, including access or use of the service.
Modifications to Services
Locus Focus reserves the right to modify, discontinue, temporarily or permanently the service (or any part thereof) with our without notice. You agree that Locus Focus shall not be liable to you or any other third party for any such discontinuation of the service for any reason.
You agree and understand that Locus Focus may at its sole discretion terminate your service without notice or deny access to any content submitted or entered by you or related parties for any reason including but not limited to (1) breaches of our terms of service or any other related, incorporated or associated terms and conditions (2) a request by you (3) technical or security issues or problems (4) extended periods of inactivity (5) non-payment of any fees associated with these service.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is entirely at your own risk. The service is provided on an 'as is' basis and 'as available' basis. Locus Focus and their contractors, employees, agents, partners, licensors and affiliates expressly disclaim all warranties of any kind, whether expressly or implied, but not limited to the implied warranties of merchantability, fitness for a specific purpose and non-infringement.
Locus Focus and its contractors, agents, partners, licensors and affiliates make no claim that the service will meet your requirements, that it will be disruption-free, timely, secure or without errors or technical issues, or that it will meet your expectations or that errors or omissions will be corrected.
Any material or content downloaded to your computer is at your discretion and risk and you are solely responsible for any damage to your computer system or device that results directly or indirectly from the download of that material.
You acknowledge that any advice, critiques, recommendations, methods, tips, instructions or training whether in written, oral or visual form associated with the Locus Focus service produced by anyone including but not limited to content, training, seminars, meetings, phone calls, broadcasts, podcasts, webinars or blog posts whether on the Locus Focus websites or any other such place or medium shall create any other warranty that is not expressly stated in these TOS and that adhering or using this advice is entirely at your own risk and without warranty.
Limitation of Liability
You expressly understand and agree in full that Locus Focus and its employees, agents, contractors and partners and licensors shall be liable in any way for any direct, indirect, incidental, special, punitory, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, intangible losses, usage or data losses or any other such losses even if such losses or reasonable foreseeable or Locus Focus has been provided notice of the possibility of such damages, resulting from (1) the use or inability to use the service (2) the cost of alternative or substitute good or services results from any data, goods, services or information purchased or obtained or transactions entered or messages received from the service (3) following, adhering or using any advice, suggestions or recommendations (4) statements, conduct or behaviour of any third party on the service (5) any other matter related to the service.
Notice Regarding TOS
Locus Focus may provide updates to this TOS by email, regular post or blog posts on the service without notice.
This entire agreement and TOS constitutes the entire agreement between you and Locus Focus and governs your complete use of the service, superseding any previous agreements that you may have had.
You may also be subject to additional terms and conditions that apply when you purchase other services or products from Locus Focus.
This TOS shall be governed by the laws of the state of Queensland in Australia and where applicable any federal laws in Australia.
The failure of Locus Focus to exercise or enforce any right, provision or term of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is discovered by a competent and relevant court to the invalid or impermissible the parties nevertheless agree that the court shall endeavour to give effect to the parties intentions as they were reflected in the provisions and that all other provisions of the TOS will remain in full force.