The Loved Up Co

WEBSITE TERMS AND CONDITIONS OF USE

About the Website

Welcome to www.thelovedupco.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
The Website is operated by The Loved Up Co Pty Ltd (ACN: 655 180 180) t/a The Loved Up Co of PO Box 1053 Torquay, VIC 3228 (‘The Loved Up Co’). Access to and use of the Website, or any of its associated Products is provided by The Loved Up Co. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
The Loved Up Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Loved Up Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms

By proceeding to use or browse the Website, you warrant and acknowledge that you are over 18 years. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Loved Up Co in the user interface.

Registration to use the Purchase Services

In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
1. Name
2. E-mail address
3. Payment information
4. Mailing address
5. Telephone number
6. Password
You warrant that any information you give to The Loved Up Co in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
As a Member you will be granted immediate access to the Purchase Services and the member portal (‘Member Portal’) where you will be able to see the details of your transactions and orders.
You may not use the Purchase Services and may not accept the Terms if:
1. you are not of legal age to form a binding contract with The Loved Up Co; or
2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your obligations as a Member

As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
1. the Terms;
2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Loved Up Co of any unauthorised use of your password or email address or any breach of security of which you have become aware;
5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Loved Up Co providing the Purchase Services;
6. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by The Loved Up Co for any illegal or unauthorised use of the Website; and
8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Purchase of Products

In using the Purchase Services to purchase the Product through the Website you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
Payment of the Purchase Price may be made through direct deposit, credit card through the available payment provider (the 'Payment Gateway Providers').
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by The Loved Up Co, you will be issued with a receipt to confirm that the payment has been received and The Loved Up Co may record your purchase details for future use.
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts.
The Loved Up Co reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

The Loved Up Co Subscriptions

Subscriptions General

The Loved Up Co offers two subscription options for either a quarter to quarter term or pay upfront (Subscription). The quarter to quarter option includes a recurring quarterly payment for the Subscription term (Subscription Term).
The Subscriptions include the inclusions outlined on the Website.
The Loved Up Co reserves the right to vary the Subscription inclusions at any time.

Subscription Fees

You are given the option of committing to 4-month Subscription, or on a pay up front basis through a payment plan.
By purchasing a Subscription through a payment plan, you agree to pay The Loved Up Co the monthly Subscription Fees at the then-current rate, on a monthly basis for the Subscription Term (Subscription Fees).
Subscription Fees are automatically billed on the same day of account creation on the first month, and then on the 1st of the month on a quarterly basis (Quarterly Billing Date) and will charged to the same payment process used in your initial payment. The Quarterly Billing Date is outlined in the Member Portal.
If you fail to make payment of the Subscription Fees by the Quarterly Billing Date, the Products for that month will not be shipped.
You acknowledge and agree that where a request for the payment of the Subscription Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fees.
You agree that if you default on any payments due and payable under these Terms, any costs incurred by The Loved Up Co for steps taken to enforce payment terms will be recoverable and payable by you.

Subscriptions Orders and Delivery

Subscription deliveries are subject to the general delivery terms and conditions outlined in clause 7.
The Loved Up Co aims to process all orders for Subscription deliveries within 14 Business Days of the 15th of the month.

Subscriptions Refunds, Returns and Cancellation of Subscriptions

The Loved Up Co does not permit change of mind refunds for Subscriptions. For the sake of clarity, The Loved Up Co will not be liable for any dislike of Products or your change of mind regarding the subscription model once you have paid for the Subscription.
If you are unsure about committing to the Subscription model, The Loved Up Co recommends that you purchase a Product on a one-off basis before making your purchase.
The Loved Up Co will make every effort to ensure a Product, including any Product provided through a subscription is accurately depicted on the Website, however, you acknowledge that inclusions, sizes, colours and designs may differ from what is displayed on the Website.
If you require a return for any other reason please see clause 8.
The Loved Up Co reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny the Subscription model at any time at its sole discretion.

Subscription Disclaimer

Any information provided to you by The Loved Up Co regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
The Loved Up Co makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
The Loved Up Co will not be liable for any damage, loss or any result based on your use of The Loved Up Co Products.
The Loved Up Co Products contain goods provided by third-party suppliers. You agree that The Loved Up Co is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

General Delivery

All shipping and delivery dates are estimates, and any delivery date provided to you by The Loved Up Co is not guaranteed. Weather delays and other unforeseen circumstances may impact delivery time. The Loved Up Co will strive to meet the requirements of your anticipated delivery date. However, The Loved Up Co will not be liable for any losses you suffer as a result of a delay.
You acknowledge that the Purchase Services offered by The Loved Up Co integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
In providing the Purchase Services, The Loved Up Co may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that The Loved Up Co is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
The Loved Up Co currently ships domestically across Australia limited to locations serviced by the relevant Delivery Service Providers. If permitted by the Delivery Service Providers, The Loved Up Co can ship to both commercial and domestic addresses and you can have your order shipped to a P.O box.
You agree certain Products contain perishable items that may be damaged if left outside for an extended period of time. You acknowledge that if the Products are left at a P.O Box or if you authorise the Delivery Services Provider to leave the Products on delivery, the state of the goods will be your responsibility.
In the event that an item is lost or damaged in the course of the Delivery Services, The Loved Up Co asks that you:
1. contact the Delivery Service Provider directly to request a refund; and
2. contact The Loved Up Co by sending an email to hello@thelovedupco.com outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

Returns Policy

The Loved Up Co wants you to be satisfied with your Product. If you have any issues with The Loved Up Co Products, please e-mail hello@thelovedupco.com.
If you have received the incorrect Product, The Loved Up Co will provide a refund on the return of the item. To request a refund and organise a return for this reason please e-mail hello@thelovedupco.com with your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be unopened, and its original saleable condition.
The Loved Up Co does not provide refunds for change of mind.
The Loved Up Co does not provide refunds for sale items, for any reason.
Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
In the following situations, no refund or return will be available:

Denied acceptance of delivery by receiver;
Inaccurate delivery address;
Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to The Loved Up Co for a return fee charged to the initial payment method.

Cancellation of Orders
1. Once payment for an order has been accepted, no cancellations are permitted.
2. Where a Product has been listed at an incorrect price, or has incorrect written information or images, The Loved Up Co reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.

Gift Cards

Gift Cards can be purchased from the Website and are administered by Wix (the ‘Gift Card Service Provider’). In Purchasing a Gift Card, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Gift Card Service Provider.
Gift Cards are redeemable within 36 months of the date of purchase unless otherwise stated.
Gift Cards can be used to purchase nominated Products for sale on the Website unless specified by The Loved Up Co.

Warranty

The Loved Up Co’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
If you have received a Product that you believe is faulty or defective, please contact hello@thelovedupco.com with photographic proof.

Information and Product Disclaimer

Any information provided to you by The Loved Up Co regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
The Loved Up Co makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
The Loved Up Co will not be liable for any damage, loss or any result based on your use of The Loved Up Co Products including subscriptions.
The Loved Up Co Products contain goods provided by third-party suppliers. You agree that The Loved Up Co is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of The Loved Up Co are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by The Loved Up Co or its contributors.
The Loved Up Co retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Loved Up Co; or
2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of The Loved Up Co and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

The Loved Up Co takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to The Loved Up Co’ Privacy Policy found on the Website.

User Generated Content

If you choose to contribute any content to the Website or any other platform operated by The Loved Up Co, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

By contributing content to the Website, you grant The Loved Up Co a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by The Loved Up Co.
Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree The Loved Up Co can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
You confirm you own or have the right to use any copyright material included in Your Content (including replies to The Loved Up Co social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to The Loved Up Co. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
Please ensure you keep your own copies of Your Content as The Loved Up Co may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
The Loved Up Co will endeavour to provide you with an appropriate credit when using Your Content on The Loved Up Co platforms, though you understand and agree this may not always be possible.
The Loved Up Co reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

Mailing List and SMS List Registration

You will be given the option to register for the The Loved Up Co Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’)
As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
1. Email address
2. Name
If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from The Loved Up Co.

Force Majeure

1. If circumstances beyond The Loved Up Co’s control prevent or hinder its provision of the Products, The Loved Up Co is free from any obligation to provide the Products or fulfil your order while those circumstances continue. The Loved Up Co may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

2.Circumstances beyond The Loved Up Co’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

Affiliate Link Disclosure

1.The Loved Up Co may receive compensation for recommendations made in reference to the products or services on the Website.

2.This compensation may be in the form of money, services, products, discounts, or special access and could exist without any action from a Website visitor. Should you purchase a product or service that was recommended and/or linked on the Website, it is understood that some form of compensation may be made to The Loved Up Co by the owners of that product or service.

General Disclaimer

You acknowledge that The Loved Up Co does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
The Loved Up Co will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
2. The Loved Up Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of The Loved Up Co is at your own risk. Everything on the Website, the Purchase Services, and the Products of The Loved Up Co, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Loved Up Co make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The Loved Up Co) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
4. the Content or operation in respect to links which are provided for the User's convenience;
5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

The Loved Up Co' total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Loved Up Co is the resupply of information or Purchase Services to you.
You expressly understand and agree that The Loved Up Co, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
The Loved Up Co is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Loved Up Co, by third parties or by any of the Purchase Services offered by The Loved Up Co.

Termination of Contract

The Terms will continue to apply until terminated by either you or by The Loved Up Co as set out below.
If you want to terminate the Terms, you may do so by:
1. notifying The Loved Up Co at any time; and
2. closing your accounts for all of the Purchase Services which you use, where The Loved Up Co has made this option available to you.
Your notice should be sent in writing to The Loved Up Co via e-mail to hello@thelovedupco.com.
The Loved Up Co may at any time, terminate the Terms with you if:
1. you have breached any provision of the Terms or intend to breach any provision;
2. The Loved Up Co is required to do so by law;
3. a partner with whom The Loved Up Co offered the Purchase Services to you has terminated its relationship with The Loved Up Co or ceased to offer the Purchase Services to you;
4. The Loved Up Co is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
5. the provision of the Purchase Services to you by The Loved Up Co is, in the opinion of The Loved Up Co, no longer commercially viable.
Subject to local applicable laws, The Loved Up Co reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Loved Up Co’ name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and The Loved Up Co have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify The Loved Up Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
3. any breach of the Terms.

Dispute Resolution

Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Victoria Law Society or his or her nominee;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held at a location to be agreed between the parties.
Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Venue and Jurisdiction

The Purchase Services offered by The Loved Up Co is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.