April 2024

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Introduction

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This website (the “Site”) is owned by Sixty Three Sixty Eight Pty Ltd (ABN 36 127 316 974) trading as Louise Laffey

(“us”, “we”, “our”, "Louise Laffey", "LouiseLaffey.com" or “SixtyThreeSixtyEight”).

Your use of the Site is subject to:

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• these Terms of Use;

• our Privacy Policy; and 

• any other terms, conditions, notices or disclaimers displayed on the Site

 

(together the “Site Terms”).

 

Your use of the Site is subject to the Site Terms. By using the Site, you are deemed to accept the Site Terms.

If you do not agree to the Site Terms of Use, do not use the Site.

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Changes to Site Terms

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We may update the Terms of Use from time to time without notice to you by publishing an updated version on the Site.

The current version of the Terms of Use is always the version available on the Site. The date of the current version is set out above under the heading “Terms of Use”.

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By continuing to use the Site you will be deemed to accept the updated Site Terms.

 

Registration

 

Parts of the Site or material included or displayed on the Site (“Content”) are accessible to all users and other parts of the Site and Content are restricted to users who have registered with us (“registered users”). We may, in our sole discretion, decline to register anyone as a registered user without giving any reasons. 

 

Unless otherwise stated, the Site Terms apply to all users, including registered users.

 

If you are a registered user, you must keep your username and password (“registration details”) confidential and take reasonable precautions to prevent unauthorised use of your registration details. You will be responsible for any access to the Site using your registration details, even if the access is by another person. If you suspect that anyone else has used or is using your registration details, you must notify us immediately.

 

If you are not a registered user, you must not attempt to gain unauthorised access to a restricted area of the Site or use another person’s name, registration account or password.

 

We may terminate or suspend the registration or permissions of any registered user, at will and without notice, in whole or part at any time.

 

Restrictions on Use of the Site

 

You are provided with access to the Site only for your personal use only.

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Without limitation to the Registration section, we are entitled to restrict any user or category of users from accessing all or any part of the Site and the Content.

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You will not use or access any part of the Site or Content in any manner that is illegal in any country. It is your responsibility to ensure that your use or access of the Site or Content is not illegal. We reserve the right to refer any suspected illegal or criminal activity to relevant enforcement agencies.

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The information you provide

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In consideration of your use of the Site, you agree:

(a) to provide true, accurate, current and complete information about yourself when prompted by our registration form or any other form we ask you to complete at any time; and

(b): to maintain and update promptly any personal information which you are able to update on the Site so as to keep it true, accurate, current and complete.

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Unsolicited Submissions/Feedback

 

We do not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, we make no assurances that your ideas and materials will be treated as confidential or proprietary.

 

Any feedback you provide on the Site will be deemed non-confidential. We are free to use such information on an unrestricted basis.

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Intellectual Property

 

We are the owner or licensee of the copyright in the Content and the Site. You must not use, download, store, copy or otherwise reproduce, adapt, modify, publish, create derivative works from, communicate, transmit or otherwise distribute any part of the Site without our prior written permission (except as permitted under applicable law).

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“The Wish®”, “The Wish” logo®, The Wish silk and board layout and design, other service or product trade marks incorporating the phrase “The Wish”, "Louise Laffey", "louiselaffey.com", “In Eight Co”, "The New Heart Movement", the " Louise Laffey" logo, the “In Eight Co” logo, "The New Heart Movement" logo and other service or product trade marks incorporating the phrase "Louise Laffey", “In Eight Co”, "The New Heart Movement" (together “Trade Marks”) are owned by Twenty Two Ten Pty Ltd (ABN 32 741 459 027) and used by us under licence.

 

Nothing contained on the Site grants you any licence or right of use of any of the Content or other aspects of the Website or any Trade Marks without our prior written consent.

 

Other trade names, trade marks, service marks and other product and service names and logos displayed on the Site are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. Nothing contained on the Site grants you any licence or right of use of any of these third party owned trade marks without the prior consent of the relevant owner.

 

If you use any of our Trade Marks to refer to our activities, products or services, you must include a statement attributing that Trade Mark to us or our licensors (as applicable). You must not use any of our Trade Marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; and in a manner that disparages us or our information, products or services (including the Site).

 

Privacy and Data Protection

 

We are committed to protecting your privacy. Please review the terms of our Privacy Policy for further details on how we collect, use and disclose your personal information.

 

Cookies

 

The Site uses “cookie” information collection technology. If you do not wish to receive cookies, it is your responsibility to use a browser which does not (or is configured not to) accept cookies (which may then limit the functionality of the Site).

Please see our Cookies Policy for an explanation of the cookies used on the Site.

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Cookies may also be used by Linked Sites. 

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Linked Sites

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The Site may provide links to other sites ("Linked Sites").  Linked Sites are provided for convenience only.  While we will endeavour to keep these links up-to-date, they may not always be current. If you use these links, you will leave the Site.  We have not reviewed any of the Linked Sites or the content on Linked Sites.  We do not control and are not responsible for any Linked Sites or the content or the terms and conditions of use, privacy policies or cookie policies of Linked Sites.  We do not endorse or make any representations about any Linked Sites, or any information or product or materials you may find on Linked Sites.  If you decide to access any Linked Site, your access and use of any Linked Site are entirely at your own risk.  

 

Without limitation to the preceding sentence, you must take your own precautions to ensure that whatever you select for your use from the Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems and you are responsible for checking the content, terms of use, privacy policy and cookie policy of Linked Sites.

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To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with your access and use of any Linked Site.

 

Changes to the Site

 

We may, from time to time, change or add to the Site without notice.  However, we do not undertake to keep the Site updated.  We are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.

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Disclaimer in relation to Medical Advice

 

The purpose of the Site and The Wish (both the board game and any digital version of the game (“associated game”) is only to offer information of a general nature to help you in your quest for emotional and spiritual wellbeing. Nothing on the Site or the Content constitutes any advice or recommendation whatsoever in relation to any medical or health matter.  Neither we, nor our licensors and associated entities or the Site or associated game dispenses medical or health advice or prescribes the use of any technique as a form of treatment for physical or other medical or health conditions.  No decision of any kind should be made on the basis of the Content without the advice of qualified medical practitioners or professional advisers.  In the event you use any of the information on the Site or associated game to make a decision for yourself or any other person, neither we, nor our licensors and associated entities assumes any responsibility for your actions.

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Disclaimer in relation to Financial Advice

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As stated in the preceding section, the purpose of the Site and the associated game is only to offer information of a general nature to help you in your quest for emotional and spiritual wellbeing.  Nothing on the Site or the Content constitutes any advice or recommendation whatsoever in relation to any financial matter including, without limitation, in relation to potential or actual investments.  No decision of any kind should be made on the basis of the Content without the advice of qualified advisers.  In the event you use any of the information on the Site or associated game to make a decision for yourself or any other person, neither we, nor our licensors and associated entities assumes any responsibility for your actions.

 

Disclaimers Generally

 

The disclaimers in this section do not limit or exclude any specific disclaimer made in any other section of the Site Terms.

 

The information contained on the Site is provided by us in good faith on an “as is” basis.  The information is believed to be accurate and current at the date the information was placed on the Site.  We make no representation or warranty (express or implied) as to the reliability, accuracy, currency, quality or completeness of the Content or anything else contained on the Site or the associated game (other than as required by law).  To the fullest extent permitted by law, we accept no liability (whether in contract, tort or otherwise) for any damages or loss of any kind arising from any reliability, inaccuracies, omissions or misleading, false or deceptive statements in the Content or elsewhere on the Site.

 

You should not act on the basis of anything contained in the Content or elsewhere on the Site or the associated game without first obtaining specific professional advice.

 

We make no representation or warranty (express or implied) that access to our use of the Site will be uninterrupted, error free, that errors will be corrected or that the Site will be virus-free.  To the fullest extent permitted by law, we accept no liability (whether in contract, tort or otherwise) for any damages or loss of any kind arising from these matters.

 

From time-to-time, we may modify or take down the Site or any part of the Site.

 

Your use of the Content, the Site and associated game, and any part of the Content, Site and associated game, is entirely at your own risk.  You should make your own inquiries and seek advice prior to acting upon or relying on any information provided on the Site.

 

WITHOUT LIMITING THE PRECEDING PARAGRAPHS OF THIS SECTION OR ANY OTHER SECTION OF THE SITE TERMS BUT SUBJECT TO THE FOLLOWING PARAGRAPH, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THE FOLLOWING:

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• TO THE EXTENT PERMITTED BY APPLICABLE LAWS, EACH OF THE SITE, THE CONTENT AND ASSOCIATED GAME IS MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND ALL IMPLIED TERMS OF ANY KIND ARE EXCLUDED FROM THE SITE TERMS.

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• TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) AND ALL WARRANTIES IN RELATION TO (A) YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT; AND (B) YOUR USE OF THE ASSOCIATED GAME, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.

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• TO THE EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION.

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• TO THE EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE).

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• WHERE LIABILITY CANNOT BE EXCLUDED, OUR LIABILITY TO YOU IS LIMITED TO (A) IN THE CASE OF GOODS; (B) IN THE CASE OF SERVICES SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS.

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IF YOU ARE A CONSUMER WITHIN THE MEANING OF THE AUSTRALIAN CONSUMER LAW (“ACL”), THE FOLLOWING APPLIES:

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• OUR GOODS AND SERVICES ARE SUPPLIED WITH CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE ACL. 

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• FOR MAJOR FAILURES WITH SERVICES, YOU ARE ENTITLED: (A) TO CANCEL THE SERVICE; AND (B) TO A REFUND OF THE USED PORTION, OR TO COMPENSATION FOR ITS REDUCED VALUE. 

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• YOU ARE ALSO ENTITLED TO CHOOSE A REFUND OR REPLACEMENT FOR MAJOR FAILURES WITH GOODS. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THEY ARE NOT OF ACCEPTABLE QUALITY AND THE FAILURE IS NOT A MAJOR FAILURE. 

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• IF A FAILURE WITH THE GOODS OR SERVICE DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME. 

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• IF THIS IS NOT DONE, YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND TO CANCEL THE CONTRACT FOR THE SERVICE AND OBTAIN A REFUND OF ANY UNUSED PORTION. 

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• YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICE.

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Pricing

 

All and any pricing of product as listed on the shopping pages may be subject to change without notice.  Pricing is displayed in US dollars and includes, and remains subject to, the applicable rate of GST that may apply in Australia from time to time, unless expressly stated otherwise.  Any conversion of pricing into a currency other than US dollars is by way of estimate only and should not be taken to be a final determinate of the final amount due.  All final invoice pricing will be calculated as at the time of final payment via the PayPal site and in accordance with the currency and method of payment selected by you at that time.  You agree that in placing an order with us you accept that you are liable for the full payment of the order placed as at the time of final payment being made via the PayPal gateway and site on our behalf, in exchange for the goods being provided by us to you.

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Shipping fees are also subject to change without notice.  The applicable rate of shipping will be displayed at the time of the placement of your order and any delay in shipping that may incur additional shipping fees, that is beyond our control, is and will remain your liability.

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Jurisdiction

 

The Site Terms are governed by the laws of New South Wales, Australian law.

 

General

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If any provision of the Site Terms is invalid or unenforceable under an applicable law, the remaining provisions will continue in full force and effect

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You cannot assign your rights under or arising out of the Site Terms without our express written permission. We may assign any or all of our rights under or arising out of the Site Terms as consider necessary or appropriate to conduct our activities including to a related body corporate or to the purchaser of our business.

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