Preamble
This website is operated by LMLS Group Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to LMLS Group Pty Ltd (“LMLS”). LMLS offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices published thereof.
By visiting our site and/ or purchasing our products and services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and accessible by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content (“users”, or “you”).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, then you may not access the website or use any Services.
Any new features added to the website shall also be subject to these Terms of Service. We reserve the right to make variation to any part of these Terms of Service at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the any variation constitutes acceptance of any amendment.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect this agreement.
1. User warranty and obligations
1.1. By agreeing to these Terms, you represent that you are at least the age of 18, or that you are the age of majority in your state or province of residence.
1.2. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including the Copyright Act 1968 (Cth) and any other relevant copyright laws)).
1.3. You must not transmit any malware or viruses or any software of a destructive nature.
1.4. A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
2.1. We reserve the right to refuse Service to anyone for any reason at any time.
2.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
3. Accuracy, completeness and timeliness of information
3.1. We are not responsible if information made available on this site is not accurate, complete or up-to-date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primarily with employees and representatives of LMLS. Thus, any material is to be relied upon at the User’s own risk.
3.2. This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Modifications to the service and prices
4.1. Prices for our products are subject to change without notice.
4.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) at any time without notice.
4.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. Products or services
5.1. Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Terms and Conditions.
5.2. We have made every effort to display as accurately as possible the colours and images of our products that appear in any of our marketing material or on our website. However, we do not warrant the colour, likeness or accuracy of the depiction of these products online.
5.3. We reserve the right to limit the sale of our products or Services to any person, company, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or Services that we offer.
5.4. All descriptions of products or product pricing are subject to change at any time without notice, at our own sole discretion; and we reserve the right to discontinue any product at any time, in accordance with clause 4.2.
5.5. Any offer for any product or Service made on this site is void where prohibited. 5.6. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Accuracy of billing and account information
6.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
6.2. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting via the contact details you provided at the time the order was made.
6.3. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, and/or competitors of LMLS.
6.4. You agree to provide current, complete and accurate account information for all purchases made with LMLS. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. Third-party links
7.1. Certain content, products and Services available via our website may include materials from third-parties.
7.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for evaluating the content or accuracy thereof any third-party materials.
7.3. We are not liable or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
7.4. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.
7.5. Kindly review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints or enquiries regarding third-party products should be directed to same.
8. User comments, feedback and other submissions
8.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, comments, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “representations”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any representations that you forward to us. Subject to the limitations of our Privacy Policy, We are under no obligation to;
8.1.1. maintain the confidentiality of any of these comments;
8.1.2. pay compensation for any comments; or
8.1.3. respond to any comments.
8.2. We may, though without obligation, monitor, edit or remove content that we determine in our sole discretion to be; unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property, in breach of these Terms of Service.
8.3. You warrant that your representations will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
8.4. You warrant that your representations will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead LMLS or third-parties as to the origin of any representations.
8.5. You are solely responsible for any representations you make and their accuracy. We take no responsibility and assume no liability for any representations posted by you or any third-party. 8.6. In the event that your representations breach clauses 8.3 or 8.4, you agree to indemnify LMLS against any loss or damage suffered as a result of your breach of the above obligations.
9. Personal information
9.1. Your disclosure of personal information through our website is governed by our Privacy Policy, which may be viewed via our website.
10. Errors, inaccuracies and omissions
10.1. In addition to the provisions set out in Clause 3, we note as follows: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability.
10.2. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
10.3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
10.4. No specified update or refresh date applied to our Service or on any related website, should be taken to indicate that all information in the Service, or on any related website, is current.
11. Prohibited uses
11.1. In addition to other prohibitions as set out in Clauses 1 and 8 of these Terms of Service, Users are prohibited from using the site or its content;
11.1.1. for any unlawful purpose;
11.1.2. to solicit others to perform or participate in any unlawful acts; 11.1.3. to violate any international, federal, state laws,
11.1.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
11.1.5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
11.1.6. to submit false or misleading information;
11.1.7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
11.1.8. to collect or track the personal information of others;
11.1.9. to spam or phish; 11.1.10. for any obscene or immoral purpose; or 11.1.11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
11.2. We reserve the right to terminate your use of the Service or of any related website for violating these Terms in any of the aforementioned ways.
12. Disclaimer of warranties and limitation of liability
12.1. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
12.2. You consent to our complete discretion to remove the Service, at any time, for indefinite periods of time, or the cancellation of the Service, at any time, without any notice to you.
12.3. You warrant that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement. 12.4. In no case shall LMLS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost of opportunity, loss of income, loss of data, any replacement costs, or any damages at all otherwise remediated at law via contract or in tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured via the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) delivered, transmitted, or otherwise made available via the Service. 12.5. We note that no exclusion, made in clause
12.4. or otherwise appearing in our Terms of Service, in any way contracts out of the provisions of Section 18 of the Australian Consumer Law. Our liability is otherwise limited to the maximum extent permitted by law.
13. Indemnification
13.1. You agree to indemnify, defend and hold harmless LMLS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees; from any claim or demand, including solicitors fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party
14. Severability
14.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. Termination
15.1. Any Users obligations and liabilities incurred pursuant to these Terms of Service shall survive the termination of this agreement.
15.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
15.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we reserve our right to terminate this agreement at any time without notice and accordingly you may be denied access to our Services (or any part thereof). In such an event, you will remain liable for all amounts due and payable up to and including the date of termination
16. Entire agreement
16.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of any such right or provision.
16.2. These Terms of Service and any policies or operating rules otherwise published by us on this site or in respect to the Service constitutes the entire agreement and otherwise governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
16.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
17. Governing law
17.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales
18. Changes to terms of service
18.1. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
19. Contact information
19.1. Any enquiries regarding our Website Terms of Service should be made in writing and sent to us via email to [email protected]
