Leuvia Pty Ltd (26 617 865 997) (Leuvia or We/we) maintains this Website www.leuvia.com and any related website for your use. Please feel free to browse the Website.
Please read these Website Terms and Conditions carefully. By using this Website and purchasing goods through this Website, you are deemed to have accepted these Terms and Conditions and the Privacy Policy, and you agree to comply with these Terms and Conditions and any subsequent variations which may be made from time to time by us, such variations to be posted in writing on this Website and which shall not be required to be notified to you separately. If you do not wish to be bound by these Terms and Conditions, then you must not use this Website.
Legal Notices
- If you are browsing this Website as a non-commercial consumer, you may access material displayed on the Website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below.
- If you are browsing this Website as an employee/agent/member of any business or organisation, you may access or download material displayed on the Website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you maintaining all copyright, trade mark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the Website. Additionally, you may not:
- distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the Website for public or commercial purposes, including the text, images, audio, and video without Leuvia’s prior written permission; or
- use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to a Leuvia name, trade indicia, trade mark, logo, product or brand without Leuvia’s prior written permission.
- The law applicable to use of the material and to disputes arising out of the material is the state of New South Wales, Australia.
Anti-spam notice
- Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
INFORMATION FOR PERSONAL, NON-COMMERCIAL USE ONLY
- You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose.
- You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use this Website for any purpose that is unlawful or prohibited by these terms of use.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with Leuvia’s prior written consent.
INTELLECTUAL PROPERTY
- Materials and logos, brands and trade names displayed on the Website are either the property of, or used with permission by, Leuvia. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Website Terms and Conditions, or specific permission is provided elsewhere on the Website or specific permission is obtained from us or the third-party owners, and you are not entitled to copy, scrape, hyper/deeplink to, publish, promote, market, integrate, utilize, combine or otherwise use the content without our express written permission. Any unauthorised use of images and logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. To the extent that you would wholly or partly use or combine our content or would otherwise own any intellectual property rights in the Leuvia website content, you hereby assign, transfer and set over all such intellectual property rights to Leuvia. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
GENERAL Website Terms and Conditions
- All material on the Website is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the Website.
- Your use of the Website is at your risk. Leuvia makes no warranties or representations as to its accuracy and, to the extent permitted by law, Leuvia specifically disclaims any liability or responsibility for any errors or omissions in the content on the Website. Neither Leuvia nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Leuvia has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of a webpage of this Website or as required by law, everything on the Website and all Leuvia products and services displayed on the Website are provided to you "AS IS" and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Leuvia assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the Website. Leuvia also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the Website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Website.
- If you send any communications or materials or content (of any nature) to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Leuvia or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, by sending or placing any such information, you grant to Leuvia an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials or content including, without limitation, any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using such information.
- The Website refers to products and/or services that are generally available in Australia but may not be available in your particular country or locality. The reference to any such products or services in this Website does not imply or warrant that these products or services will be available at any time in your particular locality. You should, therefore, check with Leuvia for specific product/service availability in your locality.
- Leuvia is not responsible for the content of any site linked to or from the Website. Your linking to any other site is entirely at your own risk. While Leuvia may provide links on this Website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. To the extent permitted by law, Leuvia disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
- This Website may also utilise the social network or share functionality and may contain social media links or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to Leuvia accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links or features on the Website. Leuvia is in no way sponsored, endorsed or administered by, or associated with, any social media platform.
- Any order placed by you on the Website or on a linked website is an offer by you to purchase the particular product or service specified. Leuvia and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the Website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service, including advertising terms and conditions.
- You may choose to register a user account with Leuvia, and in order to register a user account in the manner required, you must provide all information requested, including your title, full name, residential address, contact telephone number and current and valid email address. Incomplete, ineligible or incomprehensible user account registrations will be deemed invalid.
- You are responsible for maintaining the strict confidentiality of your user account and password, and you are responsible for any activity under your user account login and password. You agree:
- User accounts must be registered in your own name and not in the name of any other person. We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user logins which are the same as or similar to existing user logins or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and logins which infringe copyright, contain brand names, company names or registered trademarks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another person.
- We will not accept any request to register a user account that we suspect is being made by or on behalf of a person who has been suspended from the site for breach of these Website Terms and Conditions of Use or has been suspended as a user of another website for vexatious, illegal or inappropriate use of the Website.
- We reserve the right to close your user account in our sole discretion.
- We make no representation that the Website is appropriate or available for use in all locations.
- As a result of viewing this Website, some information may become stored on your computer. This information may be in the form of a 'cookie' or similar file which may help us in many ways, for instance, to improve the content of this Website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer's hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Website you consent to our use of any information gathered for the purposes mentioned above.
- All notices shall be sent to us via email at info@leuvia.com.
- Leuvia may at any time revise these Website Terms and Conditions by updating this posting. Since you are bound by these Website Terms and Conditions, you should therefore periodically visit this page, by clicking the Website Terms and Conditions of Use link.
- Leuvia reserves the right to change this Website in any way without notice to you. If you have authorised user access to the Website, your ability to access and use the Website may be terminated at any time without notice to you.
LEUVIA HOME TERMS AND CONDITIONS OF SALE
1. General1.1. This Website at www.leuvia.com is a shopping website where you can browse, select and purchase goods advertised on this Website from us (Website). Access to and use of this Website and the goods available for purchase through this Website are subject to these Terms and Conditions. If you are under 18 years of age, you must obtain your parent or legal guardian's consent to access and use this Website and our services offered on this Website.
1.2. Please read these Terms and Conditions carefully before using this Website or our services offered on this Website. By using this Website and purchasing goods through this Website, you are deemed to have accepted these Terms and Conditions of Sale, the Levuia Home Website Terms of Use and the Privacy Policy and you agree to comply with these Terms and Conditions and any subsequent variations which may be made from time to time by us, such variations to be posted in writing on this Website and which shall not be required to be notified to you separately. If you do not wish to be bound by these Terms and Conditions, then you must not use this Website.
1.3. These Terms and Conditions are legally binding between you and Leuvia Home Pty Ltd (Leuvia). Any queries regarding this Website are to be directed to info@leuvia.com.
2. Registration
2.1. You do not need to register a user account to access, browse and place an order this Website. You may choose to register an account with this Website, and if you do so, you will receive an email confirmation of your user account details at the time of registration.
2.2. You must ensure that all details you provide to complete registration on this Website are current, correct and complete at the time of registration. You undertake that such registered details remain current, correct and complete each time you subsequently use this Website or the services offered on this Website. You must promptly advise us of any changes to your information provided to us as part of the user registration process.
2.3. User accounts must be registered in your own name and not in the name of any other person. We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user logins which are the same as or similar to existing user logins or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and logins which infringe copyright, contain brand names, company names or registered trademarks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another living person.
2.4. We will not accept any request to register a user account that we suspect is being made by or on behalf of a person who has been suspended from this Website for breach of these Terms and Conditions or has been suspended as a user of another website for vexatious, illegal or inappropriate use of the Website.
2.5. You must ensure that your login and password registered on this Website and used to access this Website and the details of your user account are kept in a safe and secure manner. You may not share or transfer your login and password to any third parties. You are responsible and liable for any person that uses your login and password to order goods through this Website. You agree that we may charge you for all goods ordered using your login and password through this Website that we agree to supply to you. You must notify us immediately if you are or become aware that there is or has been any unauthorised use of your login, password or user account details, or any other security breach relating to your user account.
2.6. You must not have more than one active user account, and your user account is non-transferrable. You may update, edit or terminate your user account at any time on this Website. We may lock, suspend or close your user account or remove your access to this Website at any time without prior notice to you or cease making this Website or any other goods or services offered on this Website available to you at any time.
2.7. We reserve the right to close your user account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple user accounts or disrupt any services offered on this Website in any way. If you use multiple logins for the purpose of disrupting this Website community, you may have action taken against all your user accounts.
3. Placing an order
3.1. You may purchase goods on this Website by selecting and placing your order through this Website in accordance with these Terms and Conditions. You must be aged 18 years or older and possess a valid credit or debit card issued by a bank acceptable to us, or a valid PayPal or Afterpay account in order to contract with us. Any order placed through this Website for any goods advertised on this Website is an offer by you to purchase the goods for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. We retain the right to refuse any offer made by you. All orders are subject to availability and confirmation of price.
3.3 Any order placed by you through a PayPal or Afterpay facility accessible via this Website will be subject to the terms and conditions of these providers.
3.4. When you place an order through this Website, you will receive an acknowledgement email confirming receipt of your order at which point a contract is formed between you and us. Only those goods listed in the confirmation email sent at time of dispatch will be included in the contract formed. Each order for goods placed through this Website that we accept and confirm with you by email constitutes a separate binding contract between you and us for the supply of the goods the subject of the order.
3.5. Whilst we try to ensure that all details, descriptions and prices appearing on this Website are accurate, errors may occur. We accept no responsibility for errors occurring on this Website. We also accept no responsibility for any goods that are out of stock or otherwise not available for purchase on this Website or for any goods that cannot be purchased at a discounted price using a coupon on this Website.
3.6. When placing an order you will need to provide your debit or credit card details, including but not limited to the name on the card, card number, card expiry date, and CVV number on the card, or use your PayPal or Afterpay account if applicable. The debit or credit card used to make a purchase through this Website must be Visa, Mastercard, AMEX, Union Pay, or your PayPal or Afterpay account (together Payment Method). You will also need to apply a coupon code in order to purchase the goods at the applicable discounted price. We may also require you to provide additional details to those supplied at time of registration or confirm your user account details to enable us to process any orders placed through this Website.
3.7. You undertake that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Payment Method used to place your order and that your nominated credit or debit card will cover the full cost of the goods. The cost of the goods may fluctuate and all prices advertised are subject to such changes. Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST will be automatically applicable to each order placed. Delivery costs will be charged in addition to all prices, such additional charges being clearly displayed where applicable and included in the 'Total Cost'.
3.8. For Payment Methods using credit or debit cards, upon receiving your order, we will carry out a standard pre-authorisation check of your payment card to verify the details submitted and to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your debit or credit card payment for your order, we may notify you of dishonour and cancel your order.
3.9. If your debit or credit order is accepted by us, you authorise us to debit the amount that is payable for your order from your nominated credit or debit card to pay for the purchase price of the goods and any applicable fees and charges.. We will inform you by email and confirm the identity of the party which you have contracted with – this will usually be Leuvia or may in some cases be a third party. Where a contract is made with a third party, Leuvia is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply to you.
3.10. We reserve the right to reject your order for goods purchased through this Website for any reason, including but not limited to if the requested goods are not available, if there is an error in the description or price of the requested goods as advertised on this Website or if there is an error in your order. If we reject your order, we will endeavour to notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for the goods, you will receive a full refund.
3.11. You must not purchase any goods through this Website for resale to a third party or for trade purposes. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of goods you have purchased. You must not pay, or attempt to pay, for goods through any fraudulent or unlawful means.
4. Cancellation or change of mind of order
4.1. We may cancel any part of your order (including any orders that we have accepted) without any liability to you for the cancellation at any time if:
4.1.1. the requested goods in that order are not available;
4.1.2. if there is an error in the description or price of the requested goods as advertised on this Website; or
4.1.3. if that order has been placed in breach of these Terms and Conditions.
4.2. If we cancel your order, then we will endeavour to provide you with reasonable notice of that cancellation and we will not charge you for the cancelled order if we cancel it before the goods the subject of the order are dispatched for delivery or if you are not at fault or in breach of these Terms and Conditions.
4.3. You may change your mind about an order by notifying us in writing within 2 working days of delivery of the order, and you will be issued with store credit equal to the Australian dollar value of that order. The store credit value is valid for a period of 12 months.
5. Delivery
5.1. Days of standard delivery is detailed in the Delivery policy. Delivery may be greater than the number of business days of standard delivery for regional or remote customers.
5.2. For delivery of custom made products and any products out of stock, you should allow up to the number of business days agreed in the order for standard delivery. Delivery may be greater than the number of business days of standard delivery for regional or remote customers.
5.3. Dispatch times may vary subject to availability. We will endeavour to deliver the goods the subject of the order within the time specified, however, if an event occurs that is beyond our reasonable control, we will not be liable for any delay, failure or inability to deliver the goods ordered by you. Should this occur, we will endeavour to provide you with notice of such delay, failure or inability to deliver the goods as soon as reasonably possible.
5.4. If you have any specific delivery requirements, including but not limited to urgent delivery, delivery outside a stated metropolitan area in Australia, delivery to an address other than your stated delivery address, delivery outside of standard business hours or specific packaging or delivery requirements, you must advise us of such special delivery requirements at time of placing your order in the manner required on this Website. Depending on your special delivery requirements, you may be required to pay additional delivery fees and will be advised of any additional fees paying in respect of your special delivery requirements at the time of placing your order.
5.5. If for any reason we are unable to confirm the total amount of additional delivery fees payable in respect of your order at the time your order is made, we shall notify you of the additional delivery fees as soon as reasonably practicable upon receiving your order and before processing your order. You agree to take delivery of all the goods you order from us in the manner specified in your order.
6. Passing of title and risk
6.1. All risks in goods purchased through this Website passes to you immediately upon the delivery of those goods to you (or at your nominated address). You expressly agree that title in any goods purchased will not pass to you until full payment of the purchase price of the goods and any applicable fees and charges has been received by us.
7. Return policy
7.1. All goods shall be inspected by us before being delivered to you. If on or after receipt of the goods, you find the goods are damaged, faulty or not in accordance with the order you placed through this Website, or if you otherwise wish to make a warranty claim on the goods in accordance with its guarantees and warranties as specified in the terms and conditions applicable to the particular goods (if any) and consumer guarantees under the Australian Consumer Law, you must immediately notify us in writing.
7.2. If we receive notice from you that you wish to return the goods on the grounds of fault, damage or incorrect delivery, and such grounds are reasonably acceptable to us, we shall, at your discretion and at our cost:
7.2.1. replace or repair the goods;
7.2.2. refund or credit the purchase price paid for the goods to your card of purchase; or
7.2.3. substitute the goods for equivalent goods (if applicable).
7.3. Risk of damage, loss or deterioration of the goods passes to you upon delivery and therefore no refunds are offered for goods that are damaged after delivery. We will not accept the return of goods if you change your mind.
7.4. We reserve the right to inspect and verify the goods returned to us are the goods purchased by you and referred to in your notice. In conducting such verification, we may:
7.4.1. verify the authenticity of the goods returned by conducting any verification tests we require in our sole discretion;
7.4.2. verify the goods returned have not been damaged or tampered with, used or been subject to any other activity or exposure that may render them to be in a different condition to when they were supplied; and
7.4.3. if applicable, verify the sealed case in which the goods were originally delivered to you has not been tampered with or broken.
7.5. All goods being returned to us must be accompanied by the original invoice we issued to you upon placing an order through this Website. We will not accept the return of any goods that are not accompanied by their original invoice. You will assume responsibility of risk and all associated postage and/or freight costs. We shall process your request within 7 working days of your notification or from the date that the goods are returned to us.
7.6. If we reasonably believe that you are abusing our return policy, we reserve the right to suspend or cancel our return policy in relation to you, cancel any of your pending orders and/or close your account.
8. Collection and use of personal information
8.1. We take the privacy of your information seriously. Please read our Privacy Policy carefully as by using this Website you agree to be bound by this policy.
8.2. For any information you provide to us when completing registration on this Website, purchasing goods through this Website or otherwise using this Website or the services offered on this Website, you authorise us and any relevant goods suppliers to use, store or process any personal information which relates to and identifies you, including but not limited to your full name, residential address, postal address, contact telephone number, mobile telephone number and current and valid email address (Personal Information), to the extent reasonably necessary to supply the goods available through this Website.
8.3. We may collect your Personal Information for the purposes set out in our Privacy Policy as well as the following purposes (together, Purposes):
8.3.1. if you use this Website or purchase goods through this Website, then we and any relevant goods suppliers may collect information about your buying behaviour; and
8.3.2. if you send us personal correspondence such as an email or letter, then we may collect this information into a file specific to you.
8.4. By accepting these Terms and Conditions, you agree to the processing and disclosure of your Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of your Personal Information following notification to you by means of a notice on this Website, which you should check regularly. If you would like to review or modify any part of your Personal Information, then you should log into your account and make the changes necessary or notify us at info@leuvia.com.
8.5. You are solely responsible in all respects for all use of your Personal Information and for protecting the confidentiality of your login and password. You must notify us immediately of any unauthorised use of your username and password or your Personal Information or any other breach of security on this Website that comes to your attention.
9. Use of this Website
9.1. The terms of use of this Website are generally governed by the Leuvia Website Terms and Conditions. You agree that when using this Website, you will not:
9.1.1. use this Website in a manner that breaches any laws or regulations, is contrary to any relevant standards or codes of conduct or infringes a third party's rights;
9.1.2. use this Website in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
9.1.3. defame, menace, abuse, harass, stalk, threaten or otherwise offend or violate the legal rights of any third person or prevent any other person from using or enjoying this Website;
9.1.4. restrict, inhibit or interfere with the use of any other user of this Website who is authorised to use the same;
9.1.5. create accounts by automated means or under false or fraudulent pretences or make fraudulent or speculative enquiries, purchases or requests through this Website;
9.1.6. use another person's details without their permission or impersonate any person or entity when using this Website;
9.1.7. harvest or otherwise collect Personal Information (as defined above) about others without the consent in writing of the relevant data controller;
9.1.8. publish, post, upload, distribute or disseminate any unlawful, profane, obscene, indecent, inflammatory or pornographic material or information on this Website;
9.1.9. advertise or offer to sell or buy any goods other than the goods available for purchase on this Website;
9.1.10. interfere with, or attempt to interfere with the operation of this Website, including knowingly transmitting to this Website any viruses, worms, defects, Trojan horses, time bombs, corrupted files, or any other similar software, programs or malware which may damage the operation of this Website, another person's computer or property of another;
9.1.11. modify, adapt, translate or reverse engineer any portion of this Website, reformat or frame any portion of the web pages that are part of this Website or use any robot, spider, site search and retrieval application or other mechanisms to retrieve or index any portion of this Website;
9.1.12. upload files to this Website that contain software, data in any form or other material protected by intellectual property laws or privacy unless you own or control the rights thereto or have received all necessary consents in writing to do the same;
9.1.13. falsify, delete, obscure or otherwise interfere with any author attributions, legal or other proprietary rights notices or designations or labels of the origin or source of copyright material or other material contained in a file which is uploaded or published as part of this Website;
9.1.14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through this Website; or
9.1.15. use this Website to violate the security of any computer or other network or engage in illegal conduct;
9.1.16. use, download or otherwise copy, or provide (whether or not for a fee) to any person any information relating to this Website other than for a purpose which we have authorised in writing in advance;
9.1.17. otherwise, use this Website other than in accordance with these Terms and Conditions; or
9.1.18. attempt any of the above acts or engage any person to do any of the above acts.
9.2. Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the goods available for purchase through this Website and/or restrict access to some or all parts of this Website without notice. We will try to make this Website available at all times but we cannot guarantee that this Website will operate continuously or without interruptions or be error free. We will not be liable if for any reason this Website is unavailable for any period of time.
9.3. We make no representations whatsoever about any other websites which you may access through this Website or which may link to this Website. When you access any other website you understand that it is independent of this Website and that we have no control over the material or information on that website. This Website also contains links to other websites, which may not be operated by us and does not mean that we endorse these websites. We have no control over these linked sites and accept no responsibility for them or for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods available on or through any other website or resource. Your use of the linked sites will be subject to the terms and conditions contained within each such site.
9.4. You are responsible for any costs associated with your access to or use of this Website, including Internet access fees. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this Website and is compatible with this Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from this Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
9.5. As a result of viewing this Website some information may become stored on your computer. This information may be in the form of a 'cookie' or similar file which may help us in many ways, for instance to improve the content of this Website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer's hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Website you consent to our use of any information gathered for the purposes mentioned above. Cookies are however required to use password protected parts of this Website.
10. Intellectual property rights
10.1. The software, design, text and graphics comprised in the Website, the selection and layout of the Website and the content and materials on the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Leuvia and our third party licensors . All goods and company names and logos featured on this Website are the trademarks, service marks or trading names of their respective owners, including us. No licence or consent is granted to you to use these marks in any way without our prior written consent or the relevant third party owner's consent (as applicable).
10.2. All right, title and interest in all intellectual property rights in all of Leuvia’s brands, logos, images, layout, text, content and Services as displayed on the Website (“Brand Features”) are the property of Leuvia and will remain or be vested in Leuvia at all times. Your use of the Website will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features. Leuvia, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Website.
11. GST
11.1. Words or expressions used in these Terms of Use that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. If GST applies to any supply made under these Terms of Use, then the party making that supply may, in addition to any other amount payable, recover from the other party an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under these Terms of Use is exclusive of GST.
12. LIMITATION OF LIABILITY
12.1. You warrant that:
12.1.1. all information and data provided by you to Leuvia through this Website (including as part of the Account registration process) or otherwise is current, correct and complete;
12.1.2 you are authorised to receive the goods; and
12.1.3 you have and will comply with all applicable laws relating to your use of this Website and your placement of any order with Leuvia.
12.2. You must satisfy yourself as to the fitness of the Services that you purchase through this Website for the purpose for which they are being purchased and you will rely on your own knowledge and judgment in electing to purchase such Services for the Service Recipient through this Website.
12.3. Except as provided in these Terms & Conditions and the Australian Consumer Law, all express and implied terms, conditions, guarantees, warranties, representations or endorsements whatsoever with regard to the tickets, this Website or any content, information or Service provided through this Website are hereby expressly excluded to the extent permitted by applicable law, including negligent or innocent misrepresentation. We will do our best to ensure that all materials and information published on this Website are accurate, but please be aware that all materials and information on this Website are provided on an 'as is' basis.
12.4. If your purchase of goods through this Website constitutes a supply of goods to a consumer, then subject to the limitation to this condition below, our liability and the liability of our affiliates and related entities, servants, employees and agents for any breach of these Terms & Conditions, including any liability for any losses or consequential losses which you may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited, as we may elect in our sole discretion in the case of services supplied or offered by Leuvia, to either: (a) supplying the services again; or (b) paying the cost of having the services supplied again; or (c) replacing the goods or supplying equivalent goods; (d) repairing the goods; (e) paying the cost of replacing the goods or acquiring equivalent goods; or (f) paying the cost of having the goods repaired. This condition does not apply if it is not Fair or Reasonable for Leuvia to rely on it. Words or expressions used in this condition which are defined in the Australian Consumer Law have the same meaning in this condition.
12.5. This Website is controlled and operated in Australia. Where content and material published on this Website is supplied by third parties, you understand that we do not control or endorse their content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith and we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to tickets you purchase. You assume total responsibility and risk for your use of this Website and use of all material and information contained in it. This will not affect any rights which you may have under warranties or otherwise against third parties.
13. INDEMNIFICATION
13.1. You agree to indemnify, defend and hold harmless Leuvia, its directors, management, officers, employees, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of these Terms & Conditions. Nothing in these Terms & Conditions derogate from Leuvia’s right to maintain any action against you for any part of any unpaid purchase price, for any monies owed to Leuvia or for any damages, loss, liability or other cause of action.
14. VARIATION AND TERMINATION
14.1. Leuvia reserves the right to amend, remove or vary any provision of these Terms & Conditions from time to time and post the new version on this Website, following which your use of this Website and any purchases of goods through this Website will be governed by that version. You should check this Website regularly to take notice of any changes we may have made to these Terms & Conditions.
14.2. Leuvia may terminate this agreement at any time upon written notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of this Website and (where relevant) your user account if you breach these Terms & Conditions, including but not limited to if you fail to pay any costs owing to Leuvia in the manner required, and:
14.2.1. the breach cannot be remedied; or
14.2.2. you fail to remedy the breach within 10 days of Leuvia’s notice to you of that breach; or
14.2.3. if there is an emergency.
14.3. Leuvia may stop making this Website (or any part of it) available to you, or alter, suspend or discontinue any aspect of this Website or the content or Services available through this Website, including your access to it, at any time without prior notice. Any orders that we have accepted will not be affected by this unless the Services that have been ordered are no longer available or we are prevented from supplying the Servicess, in which case, we will notify you and valid payments will be returned in accordance with these Terms & Conditions.
14.4. You may stop using this Website at any time for any reason.
15. NOTICES
15.1. All notices shall be sent to Leuvia via email at info@leuvia.com or to you at either the email or postal address you provide during the Account registration process. Notice will be deemed received when an email is received (or else on the next working day if it is received on a weekend or a public holiday in the place of receipt) or 3 working days after the date of posting.
16. INVALIDITY
16.1. If any provision of these Terms & Conditions shall become or be declared unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions in these Terms & Conditions and may be severed without affecting any other provision.
17. FORCE MAJEURE
17.1. Neither you nor Leuvia will not be liable for any failure to perform any obligation to the other under these Terms & Conditions due to causes beyond your or Leuvia's respective reasonable control.
18. WAIVER
18.1. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
19. GOVERNING LAW AND JURISDICTION
19.1. These Terms & Conditions are governed by the law of the state of New South Wales in the Commonwealth of Australia and the parties irrevocably consent and submit to the exclusive jurisdiction of the courts and tribunals of New South Wales or the Federal Court sitting in New South Wales, Australia.
20. ENTIRE AGREEMENT
20.1. The above Terms & Conditions, together with any Subscription Order, order form, confirmation, payment instructions, Service provision instructions and notices, constitute the entire agreement between you and Leuvia and supersede any and all preceding and contemporaneous agreements between you and Leuvia. In the event of any inconsistency between these Terms & Conditions and any additional documents, materials or information forming part of your agreement with Leuvia, these Terms & Conditions will prevail to the extent of that inconsistency.