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TERMS OF SERVICE

DEFINITIONS

  • “site” means any part of the web site which links to this page and any other web site operated by or on behalf of us;
  • “use” includes access or use or attempted access or use of any part of the site and includes (without limitation) access to and use of site content, completion and submission of any online form available at or through the site and submission of any email to an email address identified at or through the site;
  • “we”, “us” and “our” means the principal(s) of LUV BUG and includes its officers, employees, agents and contractors including (without limitation) site hosts, operators and developers and contributors of site content; and
  • “you” and “your” means any person who uses the site.

 

 

SCOPE OF THESE CONDITIONS

These conditions apply to all use of the site. You must read and agree to these conditions before making any other use of the site. If you do not agree to these conditions, you must not use the site. By making any use of the site, you thereby accept and agree to be bound by these conditions.

 

 

SALE OF GOODS OR SERVICE

Unless otherwise stipulated by us, any sale of goods or services from the site is subject to the following conditions:

  • Delivery: Generally, we will dispatch goods from our warehouse within 48 hours after payment confirmation of your order. If you place an express order, we will endeavour to dispatch the goods from our office the next business day after we receive your order. We will endeavour to provide timely fulfilment of any orders placed using the site. However, we are not liable for delays caused by postal and courier companies or other third parties or any other matter beyond our direct control.
  • Compliance with description: Products provided may differ slightly from the products depicted on this site. In particular, colours displayed on this site may not exactly match the colours of products supplied
  • Currency: All pricing and transactions are in Australian dollars.
  • Credit Card Use: If credit card payment is made via the site, we undertake to use credit card details only as specified by you in relation to purchases made on the site. We will not retain credit card information any longer than is necessary with respect to the specific transaction. Illegal use of credit cards is a serious crime. We will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
  • Errors in description or pricing: Errors may occur in the description or pricing of products or services offered on the site. We may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.

Any supply of goods or services by us is subject to any express written warranties offered by us or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the clause below (Liability arising from use of the site) including provisions relating to non-excludable rights apply.

 

 

INAPPROPRIATE USE OF CONTENT

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material which infringes a third party’s intellectual property rights or which contains a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties. You must not attempt to modify or damage the site and must not use the site in connection with any mass distribution of email (spam) or denial of service attack. You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site. You must not cause or permit any other person to engage in any of these activities (e.g. by providing them with access to your computer or by providing password information to them).

We are not liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and the risk of injury from such content rests entirely with you.

   

 

THIRD PARTY MATERIAL

The site may include content or references supplied by users or other third parties (“third party material”). We do not monitor and accept no liability for third party material. Any opinions, advice, statements, services, offers or other information contained in third party material, is the responsibility of the respective author(s), distributor(s) or providers of that third party material. We make no representation and give no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any third party material or the identity, knowledge or qualifications of any provider of third party material. Your access to and reliance on third party material is entirely at your own risk.

References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, do not constitute or imply their sponsorship, endorsement or recommendation by us, and such references shall not be used for advertising or product endorsement purposes.

 

 

LINKS TO THIRD PARTY WEBSITES

Any links to third party web sites from the site are provided solely as a convenience to you. We make no representation as to the intellectual property rights of any material available on the linked third party web sites. We do not review and monitor any linked third party web sites and we are not responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site and accept no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content. It is your responsibility to evaluate the content and usefulness of information obtained from other sites. Your access to and reliance on any third party web site is entirely at your own risk.

 

 

LINKS FROM OTHER SITES TO THIS SITE

Other sites may only link to the site with our prior written permission. Any site that links to the site must link to the relevant home page and must not (a) replicate the site’s content; (b) create a browser or border environment around the site’s content; (c) imply any endorsement by us; (d) misrepresent its relationship with us; (e) present false information about our products and services; or (f) use our name or logos without our prior written permission.

 

 

VIRUSES

We cannot and do not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

 

 

COPYRIGHT, TRADE MARKS AND LIMITED RIGHT TO USE MATERIALS

We or third parties own and retain the copyright, trade marks and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video. Unless otherwise expressly stipulated by us, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose. You must not sell or otherwise commercially exploit any information made available at the site. You must ensure that all copyright notices are retained in any material copied from the site. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, broadcast, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without our prior written permission. If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

By submitting any material to the site or to us in connection with your use of the site, you thereby assign all intellectual property rights in that material to us. You must not submit material to the site if a third party has any intellectual property rights in that material.

 

 

WARRANTIES

We do not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies cannot be excluded by agreement (“non-excludable rights”).
Subject to any non-excludable rights: (a) the site and its contents are provided on an "as is" basis; and (b) all express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the site) are excluded.
If you find any errors or omissions, please report them to us.
 
 

LIABILITY ARISING FROM THIS SITE

Subject to any non-excludable rights: (a) your use of the site is entirely at your own risk; (b) you hereby release us from any claims you would otherwise have against us now or in future arising directly or indirectly from the site or your use of the site; and (c) in no event will we be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any goods or services offered on the site, or arising from your inability to participate in any promotion offered on the site whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in site performance and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the site or your attempted use of the site.
If you are entitled to make any claim against us as a result of non-excludable rights or on any other basis notwithstanding the provisions of these conditions, our liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from us) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at our election).

 

 

INDEMNITY

You must indemnify each of us and keep each of us indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of us arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.

 

 

GOVERNING LAW

The site is administered by us from offices in Adelaide, Australia. These conditions and your use of the site and any disputes between you and us shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in the State of South Australia. You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.

 

 

SEVERENCE 

If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.

 

 

CHANGES TO SITE CONTENT AND ACCESS RIGHTS

We may modify the content, nature or accessibility of the site as and when we see fit. These conditions will continue to apply even if you cease to be permitted or able to use the site.

 

 

REVISION OF THESE CONDITIONS

We may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.