Terms and Conditions - Lifes Luxuries Pty Ltd

Life’s Luxuries Website Terms and Conditions

1.1 Thank you for using our website Life’s Luxuries. This Website is owned and operated by lifesluxuries.com pty ltd ACN: 630 089 799
1.2 Life’s Luxuries is an online marketplace that connects sellers, buyers and or their agents of Luxury Cars, Boats, Real estate and Aircraft.
1.3 We welcome sellers, buyers and or their agents to connect on our website by registering as members to access our services.
1.4 These terms of use, along with our ‘Privacy Policy which form a part of these Terms, govern your use of the Life’s Luxuries website.
1.5 Please read our Terms and Privacy Policy carefully before using the Website because these Terms and Privacy Policy create a binding contract between Lifesluxurys.com Pty Ltd and all Members.
1.6 By using lifesluxuries.com you agree that you are bound by these Terms. If you do not agree to these Terms you must not use the Website or any part of our Services.
1.7 We may update these Terms from time to time. Any changes to these Terms will be effective from the date published on our Website.

Definitions

2.1 “Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
2.2 “Content” means all information, data, works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that a Member submits to us or our Website for storage or publication on, processing by, or transmission via, Lifesluxuries.com.
2.3 “Enquiries” means all relevant searches and investigations including on a register of goods or register of security interests under any jurisdiction worldwide including the Personal Property Securities Register under the PPS Law.
2.4 “GST” means goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2.5 “Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, nohow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
2.6 “Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.
2.7 “Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tore (including negligence), restitution, pursuant to statute or otherwise at law or in equity.
2.8 “Loss” means any cost, expense, loss, damage, or liability whether direct, indirect, or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.
2.9 “Moral Rights” means a right of attribution of authorship of a work, a right not to have authorship falsely attributed and a right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
2.10 “Person” means any person that is recognised at law whether it be a natural person, an entity or corporation.
2.11 “PPS Law” means the Personal Property Securities Act 2009 (Cth) and the Personal Property Securities Regulations 2010 (Cth), as amended from time to time.
2.12 “Revenue Authority” means any authority by law that imposes, collect or otherwise administers any Tax.
2.13 “Tax” means taxes, duties, fees, rates, charges and imposts of all kinds assessed, levied or imposed by the Commonwealth, a state or any other government, regional, municipal or local authority and includes capital gains tax, fringe benefits tax, income tax, prescribed payments tax, and withholding’s of any nature imposed by a Revenue Authority, interest on tax payments and additional tax by way of penalty.
2.14 “Verification” means email verification to register as a Member for Buyers and email and telephone verification to register as a Member for Sellers and incudes any other information we require from you in our sole discretion in order to verify your Member Account.
2.15 “Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications, television broadcasts including any rights in performances.

Member Registration and Acceptance

3.1 To obtain access to our Services, you must sign up for a member account (“Member Account”) and obtain Verification to use our Website.
3.2 By registering for a Member Account, you will be required to accept our Terms and Privacy Policy by clicking the “register” button in the user interface as a condition of joining as a Member. By clicking the “register” button you agree to our Terms and Privacy Policy which gives notice through our user interface as follows:
3.3 By creating an account, you agree that you’ve read and accepted our Website Terms and Conditions and you consent to our Privacy Policy.
3.4 As part of the registration process, you must provide us with the information requested which may include the following details:
(a) name;
(b) name of company ( If an agent or third party Advertiser )
(c) Individual or company address;
(d) Individual or company phone number;
(e) a valid email address;
(f) user name and password (“Login Details”);

f) other information as applicable to set up and administer your Member Account or that we require you to provide to access the Services either as a Seller, Buyer or Agent (“Member Data”);
3.4 You are solely responsible for the accuracy of the Member Data that you submit in relation to your Member Account.
3.5 You warrant that your Member Data is accurate, correct and up to date. You must not submit any Member Data that is false, deceptive, misleading or inaccurate. If we detect any suspicious, inaccurate or incomplete information, we reserve the right to cancel or suspend a Member Account.
3.6 We may undertake additional enquiries to confirm the identity of a Member or other information we require to verify your Member Account in our sole discretion, but we are not obliged to validate the identity of a Member or any Member Data. You agree that we do not control, verify, or endorse Member Data or any other information provided by a Member.
3.7 After registration as a Member and Verification, you may login into your Member Account with your Login Details to gain access to our Services.
3.8 If your Member Data changes at any time, you must promptly update your Member Account to reflect those changes.
3.9 You agree that you have the sole responsibility for protecting the confidentiality of your Login Details and other confidential Member Data, such as your secret questions required for resetting your password. The use of your password or Login Details by any other person may result in the immediate cancellation of your Member Account.
3.10 The use of your Member Data by any other person, or third parties, is strictly prohibited. You agree to immediately notify Life’s Luxuries of any unauthorised use of your Login Details or any breach of security of which you have become aware.
3.11 You may not have more than one active Member Account without the authorization of Life’s Luxuries. Life’s Luxuries reserves the right to merge multiple Member Accounts or to suspend or terminate your Member Account and your access to the Website if you create more than one account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, misleading, out-of-date or incomplete.
3.12 You must not expressly or impliedly impersonate another Member or use another Member’s account or password.
3.13 By visiting, registering for, or using the Lifesluxuries.com website, Member agrees that Life’s Luxuries may send direct communications to the email addresses and devices that Member makes available.

Member Obligations

4.1 As a Member, you agree that:
(a) you will use the Services only for purposes permitted by the Terms and you will abide by any applicable Law, regulation or generally accepted practices or guidelines regulating the Services in the relevant jurisdictions;
(b) you warrant that you are the sole and exclusive owner or agent of any Content you upload to the Website or otherwise have all rights, licences, permissions, consents and releases and approvals necessary to use the Content and you grant to Life’s Luxuries a licence to use the Content in accordance with these Terms;
(c) you will not harass, defame, impersonate, stalk, or threaten any other Member of the Website;
(d) access and use of the Website are limited, non-transferable and allows for the sole use of the Website by you for the purposes of obtaining the Services;
(e) you must not use the Services or Website in connection with any other commercial enterprise without the prior written approval of Life’s Luxuries;
(f) you must not use the Services or Website for any illegal or unauthorised purpose which includes collecting email addresses of other Members by electronic or other means for sending unsolicited email or unauthorised framing or linking to the Website;
(g) commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in immediate termination of your Member Account or access to the Website;
(h) any automated use of the Website or Services is strictly prohibited; and
(i) you must not upload viruses or other malicious code on the Website.
4.2 We reserve the right in our sole discretion to deny anyone access to a Member Account.
4.3 If the use of your Member Account breaches these Terms or shows signs of fraud, abuse or suspicious activity, Life’s Luxuries may cancel any listings associated with your Member Account. In addition, we may:
(a) suspend your Member Account; or
(b) cancel your Member Account.
(c) at any time in our sole discretion without notice or explanation.

Role of Life’s Luxuries and Use of the Website and Services

5.1 You agree that Life’s Luxuries does not act as an agent or broker of Seller or Buyer. Life’s Luxuries singularly operates an online platform that connects Sellers with Buyers through a marketplace for sourcing Cars, Boats, Real estate and Aircraft.
5.2 As such, Life’s Luxuries:
(a) has no control over Members and does not give any guarantee or warranty in respect of the quality, pricing or eligibility, fitness for a purpose, suitability, genuineness or legality of any information or Content relating to goods or services listed on the Website;
(b) is not responsible for the terms of any transaction or dispute between Members.
5.3 As a Member, you acknowledge that Life’s Luxuries does not sell or supply any goods or services directly or endorse any goods or services on the Website or otherwise make any other representation whatsoever about them including in relation to any Content.
5.4 Members warrant as a condition of their use of and access to the Life’s Luxuries Website and Services that:
(a) they are authorised to enter a legally binding contract if they are using the Services on behalf of another person or entity;
(b) they are not a person prohibited from receiving the Services under any applicable Laws; and
(c) they are 18 years of age or older.
5.5 Members agree that Life’s Luxuries:
(a) will not be liable to any person in relation to the supply of any goods or services advertised or made available on our Website including for any Loss or Liability;
(b) is not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any goods or services between Members and Life’s Luxuries will have no obligation to mediate any disputes between the parties to any such contract;
(c) is not responsible for the accuracy of information provided by Members on the Website;
(d) does not guarantee that any Content submitted or information provided by a Member whether on the Website or outside of the Website is true, accurate, complete, current and not misleading or deceptive.
5.6 Life’s Luxuries cannot be held responsible for the actions or representations of our Members, either on or off the Website. The interactions of a Member with a Person that you have met through the Service including for the payment and delivery of goods and services and the terms and conditions of any transactions between you and such a Person are solely between you and such Person. We strongly advise you to exercise caution in meeting with a Member either online or off the Website and that you undertake your own due diligence in conducting any transactions through the Services.
5.7 You agree that Life’s Luxuries disclaims all Liability for any Claims or Losses that you incur as the result of such dealings and you expressly and irrevocably release Life’s Luxuries from any and all such Liability, Claims and Losses.
5.8 Buyers agree to make their own Enquiries to verify information or Content provided by a Seller and to assess the suitability of any goods or services offered by a Seller. You agree to be fully responsible for such activities that relate to your Enquiries.
5.9 Life’s Luxuries does not pre-screen, authenticate or verify the Content of Members but reserves the right (but not the obligation) to move, delete or refuse any Content that breaches these Terms or our Privacy Policy.

Subscription Fees and Refunds

6.1 As part of the Member registration process, Members must select a level of subscription plan made available on the Website (“Subscription”) for the Services.
6.2 Members must pay the fees (“Subscription Fees”) relevant to the subscription level that Members select for the Services as advertised on the Website from time to time.
6.3 Members are granted different levels of access to the Services depending on the Subscription selected.
6.4 Subscriptions will be charged to your nominated payment method. You authorise Life’s Luxuries to charge you the recurring Subscription Fees notified to you at the time that you select your Subscription.
6.5 Payment of the Subscription Fees must be made through the third-party providers made available through our Website (“Payment Gateway Provider”).
6.6 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 of the Payment Gateway Provider.
6.7 You are responsible for the Subscription Fees associated with your Subscription. Members must ensure that sufficient funds are available at the time of payment processing and that their credit card details are correct and up to date.
6.8 If there are payment failures due to insufficient funds, incorrect or outdated payment information, we reserve our right to:
(a) recover payment and deny a Member access to our Services;
(b) cancel or suspend a Member’s Account if we are unable to process the Subscription Fees for our Services; and
(c) charge interest at a rate of 1.5% per month on the amount due.
6.9 Refunds are made in Life’s Luxuries discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.
6.10 Subscriptions are not transferrable and are not redeemable for cash. Access to the Services will be disabled when Member Account is suspended, terminated or Member’s Subscription ends.

GST and Government and Statutory Charges

7.1 Life’s Luxuries will be entitled to add on GST for the supply of its Services in Australia.
7.2 The price of any goods or services listed for supply on the Website including Cars, Boats, Real estate and Aircraft excludes government, statutory charges and Taxes unless otherwise stated.

Your Content

8.1 Member warrants that in relation to any Content posted on this Website that:
(a) the Member owns the Intellectual Property in the Content or has all the applicable rights to use the Intellectual Property in the Content;
(b) use of the Intellectual Property in the Content shall not result in the infringements of proprietary rights of third parties;
(c) the Content is not in contravention of legislation, any advertising or marketing laws or any other third-party rights.
8.2 Member grants to Life’s Luxuries:
(a) a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the Content in any existing or future media on and in relation to this Website and any successor Website;
(b) the right to sub-license the rights licensed under this section; and
(c) the right to bring an action for infringement of the rights licensed under this section.
8.3 Member waives all Moral Rights in the Content to the maximum extent permitted by any applicable Law or otherwise grants to Life’s Luxuries a genuine consent to deal with any of the Moral Rights in the Content.
8.4 Life’s Luxuries reserves the right to but is not obliged to reject or amend any Content without notice and for any reason if Life’s Luxuries in its sole discretion considers any Content to be objectionable or in violation of these Terms including where Life’s Luxuries believes the Member is infringing the rights of copyright holders.
8.5 If you breach any provision of these Terms, or if we reasonably suspect that you have breached these Terms in any way, we may delete or edit any part of your Content. Member may edit its Content to the extent permitted using the editing functionality made available on our Website.
8.6 The obligations accepted by the Member under this section survive termination or expiry of these Terms.

Warranties and Liability

9.1 To the maximum extent permitted by Law, we exclude all representations and warranties relating to the subject matter of these Terms, our Website and the use of our Services. Nothing in the 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.
9.2 We do not warrant or represent:
(a) the completeness or accuracy of the information or Content published on our Website including by a Member;
(b) that the material on the Website is up to date; or
(c) that the Website or any Services on the Website will remain available.
9.3 The use of the Website and Services is at your sole and exclusive risk. Everything on the Website and made part of the Services is provided to you without warranty or condition of any kind. You are solely responsible for investigating the authenticity, correctness, accuracy and completeness of any information supplied to you under the Services including in the Content. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Life’s Luxuries make any express or implied representation or warranty about the Services or any other services advertised on the Website.
9.4 To the extent permissible at law, you agree that we, our affiliates or subsidiaries, or any of our directors, officers, employees, partners, agents, contributors, and licensors shall not be liable to you or any third party for any:
(a) loss of profit or opportunity;
(b) damage to goodwill or business reputation and any other intangible loss;
(c) special, direct, indirect, incidental, punitive, exemplary or consequential damages whatsoever or any other Claims, Losses, costs or expenses of any kind, including loss of data, legal fees, expert fees, cost of procuring substitute services, or any other disbursements
(d) whether arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Website and Services provided therein, or through downloading of any materials, data, text, images, video or audio from the Website, whether in common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.5 You agree that Life’s Luxuries operates to connect Members to facilitate the provision of the Services. Life’s Luxuries is not a supplier of any goods or services that Members offer on this Website nor is Life’s Luxuries a party to any contracts entered into between Sellers and Buyers.
9.6 Life’s Luxuries makes no warranty as to the truth, suitability, quality or accuracy of any Content or information provided by Members, including, but not limited to, the ability of the Seller to complete a supply of goods and services offered to a Buyer, veracity for Buyer or Seller to qualify for joining as a Member or otherwise.
9.7 Life’s Luxuries does not make any representation or warranty with respect to or endorse any Member as to their identity, expertise or background. Any review, feedback or rating of a Member is not a guarantee of the outcome of the goods or services offered by that Member and Life’s Luxuries will have no responsibility or liability of any kind for the performance of the Member. Any use of or reliance on the goods or services of a Seller is solely at Buyer’s risk.
9.8 We reserve the right to discontinue or alter any of the Services on the Website, and to stop publishing our Website or any Content contained therein, at any time in our sole discretion without notice. Save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Services, or if we stop publishing the Website or Content.
9.9 Life’s Luxuries total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
9.10 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible Life’s Luxuries limits our liability as follows, at our option:
(a) for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;
(b) in the case of goods including any digital goods (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired;
(d) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
9.11 Without limiting the aforesaid, our aggregate liability to you in respect of any contract to provide Services to you under these terms and conditions shall not exceed the greater of the total amount paid and payable to us for providing our Services.

Indemnity

10.1 You agree to indemnify Life’s Luxuries, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website and Services or attempts to do so; and/or
(c) any breach of the Terms.
10.2 Life’s Luxuries hereby expressly disclaims, and you hereby expressly release Life’s Luxuries from, all Liability, Claims, suits, injuries, Loss, harm or damages arising from or related to our Services or your interactions or dealings with Members.
10.3 This clause survives the termination or expiry of these Terms for whatever reason.

Breach

11.1 Without prejudice to our other rights under these terms and conditions, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a) suspend your access to our Website and Services (including your Member Account);
(b) permanently prohibit you from accessing our Website and Services;
(c) commence legal action against you, whether for breach of contract or otherwise;
(d) delete your Member Account on our Website.
11.2 Where we suspend or prohibit or block your access to our Website and Services, you must not take any action to circumvent such suspension or prohibition or blocking.

Termination

12.1 The Terms will continue to apply until terminated by either you or by Life’s Luxuries as set out below.
12.2 Termination of these Terms does not affect any contract that has been formed between Members. A Member must comply with the terms of any contract entered into including providing any goods or services.
12.3 If you wish to terminate the Terms, you may do so by:
(a) providing Life’s Luxuries with 30 days’ calendar notice of your intention to terminate; and
(b) closing your Member Account for all the Services which you use, where Life’s Luxuries has made this option available to you.
12.4 Your notice should be sent, in writing, to Life’s Luxuries via the ‘Contact Us’ link on our homepage.
12.5 The early termination of your Member Account is not a ground for a refund of your Subscription. You will be billed for the full term of your Subscription and continue to have access to the Services if you terminate your agreement prior to the end of your Subscription, unless your Member Account has been terminated unilaterally by Life’s Luxuries in accordance with these Terms.
12.6 Life’s Luxuries may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or the Privacy Policy;
(b) Life’s Luxuries is required to do so by Law;
(c) the provision of the Services to you by Life’s Luxuries is, in the opinion of Life’s Luxuries, no longer commercially viable.
12.7 Life’s Luxuries reserves the right to discontinue or cancel your Member Account at any time and may suspend or deny, in its sole discretion, your access to the Website or the Services without notice if you breach any provision of the Terms or any applicable Law or if your conduct impacts Life’s Luxuries’ name, goodwill or reputation or violates the rights of another party.

Disputes

13.1 Members are solely responsible for interactions and disputes with each other.
13.2 Life’s Luxuries reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for the purpose of improving the user experience of the Website and Services.
13.3 If a dispute arises out of or relates to the Terms as between Life’s Luxuries and a Member, 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).
(a) Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.
(b) Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.
(c) Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(i) a mediator agreed on by the Disputants; or
(ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
(e) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
(f) Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
(g) Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.
(h) Location, timing and attendance. The mediation will be held in Brisbane, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.
(i) Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
(j) Confidentiality. All communications concerning negotiations made by the Disputants 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 law of evidence.

Copyright and Intellectual Property

14.1 The works (“Copyright Material”) in the Website, the Services and all of the related services are subject to copyright and owned by the copyright owner. The Copyright 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled by Life’s Luxuries.
14.2 Life’s Luxuries grants to you a limited, non-exclusive, revocable license whilst you are a Member or Customer to use the Website pursuant to the Terms. The license operates for you to electronically access and use the Website solely for the supply of the Services through the Website in accordance with the Terms. Life’s Luxuries may terminate this licence at any time, if you use the Website or the Services, except as permitted by these Terms.
14.3 Life’s Luxuries retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process); or
(d) any proprietary rights to our database, know-how or technology.
14.4 You may not, without the prior written permission of Life’s Luxuries 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 Copyright Material for any purpose, unless otherwise expressly provided by these Terms.
14.5 The Website www.lifesluxuries.com and its content may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution, without our express prior written consent.

Third Party Websites

15.1 The Website www.lifesluxuries.com may contain links and other pointers to other websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website.

16.2 The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the goods or services provided at those websites. Your access to any such advertisement or link is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party goods and services.

No Waiver

16.1 Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.>
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

Severability

18.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third Party Rights

19.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under a contract under these Terms is not subject to the consent of any third party.

Entire Agreement

These Terms shall constitute the entire agreement between you and us in relation to your use of our Website Luxuries.

Law and Jurisdiction

21.1 The Terms and information on this Website www.lifesluxuries.com are governed by and construed in accordance with the laws of the State of Queensland. You submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms.
21.2 If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

Force Majeure

Notwithstanding any other provision of these Terms, Life’s Luxuries need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including war, riot, natural disaster or law taking effect after the date of these Terms). You agree that Life’s Luxuries have no responsibility or Liability for any Loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.

Feedback and Authorisations

Your feedback is important to us and our community. Life’s Luxuries welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to owe website and our Services (“Feedback”). You may submit Feedback by contacting us using the contact details provided below.

How to Contact Us

You can contact us:
By using our support page provided on our Website located at
www.lifesluxuries.com/contact-us

Terms last updated 22 May 2023.