Top Livin Limited ACN 600 787 513 (‘Livin’)

1. THE WEBSITE

2. USE OF THIS WEBSITE

4. COPYRIGHT AND INTELLECTUAL PROPERTY

• Material appearing on this website is subject to copyright vested in LIVIN or third parties. All content on this website is protected by Australian and International copyright and other intellectual property laws. Users may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
• Users may download, display or print a copy of material from this website only for personal, non-commercial use, or use within their own organisations provided that:(a) the website of LIVIN is acknowledged as the source, including the reference https://www.LIVIN.org;(b) the material is not amended or modified in any way (including any copyright notice); and(c) this permission is revocable at any time by LIVIN.
• All the other use of the website content is not permitted without the copyright or trademark owner’s permission. LIVIN asserts the right to be recognised as the author of the material and the right to have its material remain unaltered.
• Apart from any use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.
• Nothing displayed on the website should be construed as granting any licence or right to use, reproduce or adapt the LIVIN logo without the express written permission of LIVIN.
• Requests and inquiries concerning reproduction and rights should be sent to [email protected]
• The website may include third party content which is subject to that third party’s terms and conditions of use. Trade marks, brand names, product names, and company names of or related to the products appearing on this website are the property of their respective owners. LIVIN does not claim to own any of these trademarks nor claim that LIVIN is related to, endorsed by, or in any other way connected or associated with these companies. Nothing on this website should be construed as granting any license or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content. External website images, if any, accessible on https://www.LIVIN.org are used with the permission of the authors of those websites and must not be reproduced without obtaining the permission of the author of those materials.
• The copyright in material appearing on websites which are linked from this website vest in the author of that material, or the author’s licensee (subject to the operation of the Copyright Act 1968 (Cth)). LIVIN recommends that users refer to the copyright statements at those websites before making use of any material. Links to third party websites do not constitute any endorsement or approval of those websites or the owner of those websites.

5. CONTRIBUTING CONTENT

• If users submit content for the website or social media in any format, including text, photographs, graphics, video or audio, they grant LIVIN an irrevocable, non-exclusive, royalty-free, perpetual licence to publish that content on the website or social media. Users acknowledge that content submitted by them may be accessible by the public through the website and through social media.
• Users agree that LIVIN can use that content in any way, now and in the future. LIVIN also reserves the right not to use or publish on the website any submitted content.
• Users warrant that they have all of the necessary rights, including copyright, in the content they contribute, that their content is not defamatory and that it does not infringe any law. Users also warrant that the content they contribute complies with any relevant professional obligations.
• Users waive any moral rights in their contribution for the purposes of its submission to and publication on the website.
• LIVIN does not provide any protection as against third parties to the intellectual property in any material submitted. By submitting material, users warrant that they have all necessary permissions and licences for the use of that material and agree to indemnify LIVIN against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these terms and conditions.

6. COLLABORATION SPACES AND USER SUBMITTED CONTENT

• Users acknowledge that the website is created, managed, and administered by LIVIN and may provide opportunities for registered users to post comments and collaborate with other users. However, LIVIN is not responsible for, or adopts as a statement of its own, content posted by other users, such as comments or other material.
• You are responsible for all of your activity in connection with the service. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:(a) infringes any patent, trademark, copyright, or other right of any other person or entity;(b) is false, misleading, or inaccurate;(c) is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;(d) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password, or other information of LIVIN or any third party;(e) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or(f) impersonates any person or entity, including any employee or representative of LIVIN.
• Users recognise that LIVIN cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the website submitted by users.
• Notwithstanding the above, LIVIN will monitor the content of the website from time to time and will remove any content it deems to be inappropriate or unacceptable to protect itself and users.

7. GENERAL

• These Terms and Conditions will be governed by and interpreted in accordance with the laws of Queensland, Australia.
• Users will not use this website for any purpose or in any way which is unlawful.
• In relation to any dispute arising out of the use of this website the user and LIVIN agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
• The omission of LIVIN to exercise any right under these Terms and Conditions will not constitute a waiver of such right unless formally waived in writing by LIVIN.

8. LIABILITY AND INDEMNITY

• LIVIN does not warrant the accuracy, reliability or completeness of the content on the website. The content is provided to users ‘as is’ and on an ‘as available’ basis and on the condition that users undertake all responsibility for assessing the accuracy of the content and rely on it at their own risk. All content on the website may be changed without notice.
• LIVIN will have no responsibility or liability in relation to any loss or damage that users incur, including damage to their software or hardware, arising from their use or access to this website.
• LIVINdoes not warrant that functions contained in the website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server that makes it available, are free of viruses, malicious computer code or bugs.
• To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of LIVIN, for any breach of a term or condition implied by law is limited at LIVIN’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
• Users indemnify LIVIN, its directors, members, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from their use of the website, including as a result of them submitting content to the website in any form.
• You agree to release LIVIN and its staff, directors, officers, customers, representatives and agents (collectively ‘Released Parties’) from any and all liability and loss, harm, damages, costs or expense including, without limitation property damages, personal injury and/or death arising out of or in any way connected to the use of the site or any of the products or services sold by LIVIN and to further indemnify, defend and hold harmless the Released Parties from and against any and all third party claims, demands, liabilities, costs or expenses including solicitor fees and costs, arising from, or related to any breach by you of any of these Terms and Conditions or any violation by you of applicable law.
• In no event shall LIVIN, its subsidiaries, affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based upon warranty, contract, tort, or otherwise, even if LIVIN has been advised or should have known of the possibility of such damages or losses. In no event shall the total liability of LIVIN, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to LIVIN in connection with the event giving rise to such liability.

9. DISCLAIMER

• The material on this website is provided for general information in summary form. The content does not constitute recommendations and should not be relied on as such.
• While every care has been taken in the preparation of this material, LIVIN cannot accept responsibility for any errors, including those caused by negligence, in the material. LIVIN makes no statements, representations or warranties about the accuracy or completeness of the information and users should not rely on it. Users are advised to make their own independent inquiries regarding the accuracy of any information provided on this website.
• Neither LIVIN, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages, whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer as well as damages for loss of profits, business interruption or the loss of data or information.
• LIVIN does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained on this website.
• The website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this website should be construed as granting any licence or right for users to use that content. Users should consult the third party’s terms and conditions of use in relation to any third party content.
• LIVIN is not responsible for the accuracy of information contained on other websites by links from this website and makes no warranties that the information contained on this website or any links from this website are free of infection by computer viruses or other contamination. LIVIN disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way.
• Links to third party websites do not constitute endorsement or approval of those websites or the owners of those websites.
• LIVIN is a charity and our purpose is to promote mental health awareness by providing mental health awareness apparel (‘Goods’) as well as access to newsletters and information relating to mental health awareness.
• LIVIN would like you to carefully read our Terms and Conditions and information regarding returns and exchanges on our website at https://LIVIN.org/returns/ (‘Returns Policy’) to ensure that you are fully aware of your rights when ordering and purchasing Goods.
• Your order and purchase signifies your agreement to be bound by these Terms and Conditions and Returns Policy, which constitute the agreement between LIVIN and you.

10. PURCHASING GOODS

• In order to purchase your Goods, you must place an order using LIVIN’s online shop located at https://LIVIN.org/shop/.
• All Goods are available at the time of posting on the LIVIN website. LIVIN will endeavour to provide you with your desired Goods but cannot guarantee they will be available at the time you place your order.
• LIVIN will provide you with suitable alternatives in the event where certain Goods are no longer available.
• You must provide complete and accurate details at the time of making your purchase including but not limited to entering the correct delivery address and delivery instructions and providing the correct sizes. You may be required to provide additional details upon our request to ensure the accuracy of your order.
• LIVIN is not obliged to re-send an order which was entered incorrectly.
• Please see our Returns Policy at https://LIVIN.org/returns/ for further information about returns and exchanges.

11. CANCELLATION OF ORDERS

• If  your package has been shipped, LIVIN reserves the right to refuse order cancellation or to charge a cancellation fee of 10% of the purchase price (‘Cancellation Fee’) should LIVIN be able to request the return of the package from our delivery service.
• If LIVIN is unable to request the return of the package from our delivery service, LIVIN will not be able to provide a cancellation of your order.
• If LIVIN has incurred costs associated with your order, LIVIN may not be able to provide a cancellation of your order.

12. PRODUCTS

• Images of Goods on the website are for illustrative purposes only. Every effort is made to display the images accurately. However, LIVIN does not guarantee that they accurately reflect the images. Goods may vary from those images.

13. PRICE

• The price of the Goods you order will be stated alongside those Goods on the LIVIN website. All prices are in Australian Dollars $AUD and inclusive of GST (except where otherwise stated on our website or notified to you by telephone or email).
• LIVIN attempts to ensure that the prices on the LIVIN website are accurate however errors may occur. If LIVIN discovers an error in pricing of the goods or services that you order LIVIN will notify you as soon as possible. You may reconfirm your order at the correct price or cancel it. If LIVIN are unable to contact you within a reasonable time then LIVIN will treat the order as cancelled and will refund you in full.
• Both charges and refunds shall only be made in Australian Dollars $AUD and LIVIN are not responsible for any loss due to exchange rate fluctuations.
• Costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion that you are charged via your bank may vary.
• LIVIN reserves the right to vary the prices displayed on the website from time to time and without notice to you.

14. DELIVERY

• LIVIN aims to deliver your Goods by the estimated delivery date as indicated once your order has been confirmed. If LIVIN is unable to meet the estimated delivery date then LIVIN will endeavour to provide you with a revised estimated delivery date.
• The Goods will be your responsibility from the completion of delivery to your noted delivery address.
• LIVIN is not liable for lost orders. LIVIN will provide assistance to the extent possible in locating a lost order. If you are shipping an item worth over $75 we recommend using a trackable shipping service or purchasing shipping insurance.
• Delivery outside of Australia may be subject to local import duties, custom duties or taxes and/or other laws which are your responsibility where they apply. Accordingly, LIVIN reserves the right to refuse overseas delivery.

15. RETURNS

• Full terms and conditions of our Returns Policy can be found at https://LIVIN.org/returns/ or by contacting [email protected]
• Nothing in this agreement will affect your statutory rights.

16. TERMINATION

• LIVIN may terminate your access to the service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the website.
• All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.