Website Terms and Conditions

This website (“Website”) is owned and operated by Liveability by Naild It Pty Ltd ABN 77 647 634 893 (“Liveability”, “we”, “us” and “our”). When you use any aspect of the Website including placing and order to purchase products or memberships through our online store ("Online Store”), you must comply with these Terms of Use.

These Terms of Use contain the entire understanding between us with respect to the Website and use of our Online Store, and no representation, statement, inducement oral or written, not contained herein shall bind either of us (collectively, the “Terms”).

You acknowledge that you have read, understood, and agreed to these Terms, and you agree to be bound by these Terms set out below. Your use of the site and/or the service, or the purchase of one of our memberships, signifies your agreement to these terms and conditions and constitutes your binding acceptance of this them, including any modifications that Liveability makes from time to time.

If you do not accept these Terms, you must not use the Website. Liveability may make changes to the site and/or the service at any time. You understand that Liveability may discontinue or restrict your use of the site and/or the service for any reason or no reason with or without notice.

1. GENERAL

1. 1.1  The information contained on the Website is for general information and/or illustrative purposes only, and subject to change.

2. 1.2  Although we take all reasonable precautions to keep the information presented on the Website up to date, accurate and relevant, we make no representation or warranty of any kind (express or implied), that the content of the Website, its functionality or operation is error free, free from any defect, or that defects will be corrected.

3. 1.3  Therefore, any reliance you place on such information is solely at your own risk and we accept no responsibility or liability whatsoever for any misunderstanding, loss or damage suffered as a result of your use and or reliance on any content and/or information published on the Website, including that found in our Online Store.

4. 1.4  TheseTermsdonotlimit,exclude,orotherwiseaffectanyguarantee,condition,warranty, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth), or any other relevant law.

2. ONLINE STORE AND MEMBERSHIPS

2.1 By using the Website, you agree that you will not:

1. 2.1.1  provide us with any information that is inaccurate, misleading or incomplete;

2. 2.1.2  violate any applicable laws;

3. 2.1.3  use the Website for an unlawful purpose;

4. 2.1.4  distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of the Website or any computer hardware or software; or

2.1.5 use any robot, screen grab, monitoring program or any other method to copy, replicate, alter or steal any content, information, illustration, source code or data contained on the Website.

2.2 All product information, availability, specifications and pricing are subject to change without notice.

3. PAYMENT TERMS

1. 3.1  All products shown and offeredfor purchase on the Website are ‘invitations to treat’ under Australian tort law and subject to confirmation of price and availability for each respective product.

2. 3.2  All payments are subject to third party handler and bank processing times. We endeavour to process all payments and orders as quickly and reasonably possible.

3. 3.3  An order and purchase on the Website and through the Online Store is accepted by us pursuant to internal processing, receipt of payment in cleared funds and confirmation in writing (typically via email) to you together with a copy of a sales invoice and/or receipt.

4. 3.4  Risk and title in each product passes to you immediately upon collection of a product.

5. 3.5  If an order cannot be processed by us for any reason, we will notify you of the circumstance as soon as reasonably practicable. This includes but is not limited to:

   1. 3.5.1  your payment not clearing;

   2. 3.5.2  use of fraudulent or other unlawful payment methods;

   3. 3.5.3  unavailable stock;

   4. 3.5.4  internal or logistical reasons;

   5. 3.5.5  a price or description error; and

   6. 3.5.6  any other reason.

4. DELIVERY OF PRODUCTS

4.1 All products listed on the Website are inclusive of GST and do not include delivery.

5. SUBSCRIPTION SERVICE

1. 5.1  We offer a customer subscription service where a customer may hold, or register, a membership account with us. Liveability memberships offers its members discounts toward services, brand partners and specific items. Members get access to a member's dashboard where they can manage all of their payments based on the package they have, take advantage of the savings that are available, and change any information as required.

2. 5.2  You agree that all information you provide to Liveability for purposes of creating an account (Registration Information) will be true, accurate, current, and complete and your failure to provide such information shall constitute a breach of these terms and conditions and may result in the immediate termination of your account.

3. 5.3  You agree to:

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1. 5.3.1  promptly update your Registration Information to keep it true, accurate, current; and

2. 5.3.2  maintain the confidentiality of your password.

1. 5.4  In creating an account for your subscription service, you shall not:

   1. 5.4.1  select or use the email address or username of another person with the intent to impersonate that person;

   2. 5.4.2  use a name subject to the rights of any other person without authorisation;

   3. 5.4.3  use an email address or username that is profane, offensive, or otherwise inappropriate; or

   4. 5.4.4  allow any other party to use your account and/or password except as set forth herein.

2. 5.5  You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. If you fail to keep your password private, Liveability will not be held liable for any losses or damages.

3. 5.6  You understand and agree that if you purchase a subscription membership and reside outside of the region of South East Queensland, Australia, not all services offered will be made available due to your location.

4. 5.7  This service is automatically charged to your nominated credit card or bank account on a recurring monthly basis for the membership the customer has selected.

5. 5.8  Customers have a choice of selecting a Once off Package to access the Liveability membership platform. All relevant information can be found for memberships here; https://www.liveabilityqld.com.au/live-loyal.

6. 5.9  A subscription must be cancelled prior to the shipping of the products or performance of services associated with that subscription.

7. 5.10  Clause 4 extends to apply to our subscription service.

6. GIVEAWAYS

1. 6.1  By becoming a member of Liveability, members agree to automatically be entered into Liveability Giveaways (Giveaway).

2. 6.2  You agree that:

   1. 6.2.1  any disputes, claims and causes of actions arising out of or in connection with the Giveaway shall be resolved individually without any form of class action;

   2. 6.2.2  any claims, judgements and awards shall be limited to actual out of pocket costs incurred by entering into the Giveaway, under no circumstances will Liveability be responsible for any legal fees;

3. 6.3  You hereby waive all rights to claim punitive, incidental or consequential damage any right to have damages multiplied or otherwise increased and any other damages, other than damages for actual out of pocket costs incurred by entering into the Giveaway.

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1. 6.4  Liveability employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a Liveability employee, director or manager are not entitles to win any Giveaways.

2. 6.5  Liveability reserves the right to disqualify you from a Giveaway if you are found to be tampering with otherwise abusing any aspect of the Giveaway as determined by Liv eability .

3. 6.6  Liveability reserves the right to suspend, alter, or end a giveaway if it is comprised by unapproved human intervention, tampering, or other circumstances outside of its reasonable control.

4. 6.7  If a member tries to intentionally harm the website in order to impede the contest's legal operation, Liveability reserved their right to sue for damages incurred as a result of the member’s conduct.

5. 6.8  Liveability assumes no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry to be received on account of technical problems or incomplete, late, lost, damaged, illegible or misdirected electronic communications, or any combination thereof.

7. TERMINATION OF ACCOUNT

1. 7.1  Liveability may terminate your account, delete all of your Registration Information and any other information you have provided associated with your account at any time, without notice, for any reason or no reason including, without limitation, your violation of these terms and conditions.

2. 7.2  Liveability will not be liable for any damages or loss resulting from the removal of any User Content from the site and/or the service.

3. 7.3  You may terminate account at any time with 24 hours’ notice by contacting Liveability onliveloyal@liveabilityqld.com.au.

4. 7.4  If you elect to terminate your account, we do not accept requests for refunds for that billing month.

8. REFUNDS AND RETURNS

1. 8.1  We do not accept order cancellations, exchanges or refunds on any sale, opened or used products (subject to clause 8.2) after an order is accepted by us and processed in accordance with clause 3.3.

2. 8.2  It is our intention to satisfy all our customers, and we will refund unopened products which are in saleable condition to the original credit card from which they were accepted and processed by us upon same being returned to us within 14 days after receipt of purchase. All returned products must be accompanied by a copy of the original payment receipt evidencing proof of purchase. We do not offer refunds for postage costs on returned products.

3. 8.3  We do not accept refunds, returns or exchanges for recurring memberships and one-time memberships purchased during a promotional period or in a giveaway.

4. 8.4  Please allow 1 to 3 weeks from the date that you return your product for your request to be processed by us.

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8.5 We do not offer exchanges of products for our online boutique.

1. 8.6  To return products to us in accordance with clause 8.2 or report damages on a product in accordance with clause 8.5, please email Liveability at liveloyal@liveabilityqld.com.au.

2. 8.7  There are no refunds or returns for change of mind or “satisfaction guarantee” reasons.

9. CANCELLATION OF SUBSCRIPTION SERVICE

1. 9.1  You may cancel your subscription service at any time with 24 hours’ notice by contacting Liveability on liveloyal@liveabilityqld.com.au.

2. 9.2  Upon cancellation, you will be removed from all future payments and agree to forfeit any entries in future Liveability Giveaways.

3. 9.3  If you elect to cancel your subscription service, we do not accept requests for refunds for that billing month.

4. 9.4  If you elect to cancel your subscription, Stripe does not allow for its reactivation, and all accumulated history for that subscription will be lost. To continue the subscription, you must follow the instructions in the notification emails provided or log in to the member's dashboard and update your banking details.

10. DEFAULT ON PAYMENT OF SUBSCRIPTION

1. 10.1  If you fail to pay your account, four (4) attempts will be made in that billing period.

2. 10.2  Each attempt will be made every five (5) days (20-day grace period) from the initial payment failure.

3. 10.3  On the fourth and final attempt, if payment still fails, your subscription will be automatically terminated, and your Liveability loyalty streak will be lost.

11. MAILING LISTS

1. 11.1  To be removed from our mailing or text lists, the associated link must be used by the customer.

2. 11.2  Cancelling your subscription service does not automatically remove you from the Liveability mailing list.

12. COPYRIGHT AND INTELLECTUAL PROPERTY

1. 12.1  The Website and all multimedia content displayed on the website is subject to trademark and intellectual property rights owned or licensed by us, and further protected by copyright as a collective work and/or compilation, pursuant to Australian copyright laws, international conventions, and other copyright laws.

2. 12.2  You are not authorised to use or copy any information or multimedia content on the Website unless we provide you with express written consent to do so.

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12.3 All materials contained on the Website are protected by copyright, and owned or controlled by us or the party credited as the provider of the content. You must abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website.

13. WARRANTY AND LIABILITY OF SUPPLIER

1. 13.1  We will not be liable for any damages, real or assumed, direct or indirect, punitive or consequential incurred as a result of the use of the Website. This includes, but is not limited to, any loss of income or profits, damages to third parties, contractual responsibilities, negligence or any tort.

2. 13.2  You agree to indemnify us for any loss or liability arising out of your use of the Website.

3. 13.3  Where we provide hypertext links from or to third party sites we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.

4. 13.4  Subject to Clause 13.5, we will not be liable to you for:

   1. 13.4.1  losses arising from the delay in the supply of our products;

   2. 13.4.2  unless otherwise agreed in writing, loss or damage arising from recommendations and suggestions provided you by us or our employees, agents and/or contractors; or

   3. 13.4.3  loss or damage due to your misuse of any products provided by us.

5. 13.5  To the extent permitted by law all warranties, conditions, liabilities or representations in relation to the quality of the products (other than any being or giving rise to non-excludable rights under any laws of Australia or its State or Territories) which might otherwise be implied herein by law or otherwise are expressly negatived and excluded.

14. UPDATES

14.1 We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time without notification.

15. FORCE MAJEURE

15.1 We will not be responsible for any delay, suspension or failure arising from any events beyond our control such as any act or neglect of any of our carriers, sub-contractors, manufacturers or suppliers, acts of God, pandemic, strikes, lock-outs, bans or other industrial disturbances, fire, flood, explosion, civil riot or commotion, government interference or request, by-laws, rules or regulations or order of any competent authority .

16. SEVERABILITY

16.1 Should any part of the Terms be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms been omitted.

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17. PRIVACY

1. 17.1  We will, in respect of personal information held in connection with these conditions:

   1. 17.1.1  comply with the Privacy Act 1998 (Cth) and other legislation regarding privacy in force from time to time that is applicable;

   2. 17.1.2  use the personal information only for or in connection with the purposes of these conditions and in accordance with our Privacy Policy; and

   3. 17.1.3  otherwise not disclose personal information without your written authority except for the purposes set out in these conditions and for the purposes of fulfilling its obligations under these conditions or as required by law.

2. 17.2  We are committed to protecting your personal information and adhering to the requirements set out in the Privacy Act 1998 (Cth). You may view our Privacy Policy by clicking here.

18. JURISDICTION

18.1 Your use of the Website and these Terms are governed by the laws of Queensland, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.

This policy was last updated in May 2024.