This Terms and Conditions was last updated: November 15, 2022.
1. Acceptance of Terms
2. Use and Restrictions
This Site is intended for access and use by persons with legal capacity under applicable laws and is not intended for use by minors, or other individuals otherwise barred by law from such access and use.
You further agree that you will not:
resell or make commercial use of the Site or Content therein;
modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
collect or use any product listings or descriptions;
use any data mining, robots, or similar data gathering and extraction methods from the Site;
forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site;
use, frame or utilise framing techniques to enclose any Life Apparel Co Pty Ltd trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without Life Apparel Co Pty Ltd’s express written consent; or
use any meta tags or any other “hidden text” utilising a Life Apparel Co Pty Ltd name, trademark, or product name without Life Apparel Co Pty Ltd’s express written consent.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Life Apparel Co Pty Ltd or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Life Apparel Co Pty Ltd, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. For the avoidance of doubt, regardless of whether these have been applied for or registered in Australia as trademarks or any types of intellectual property rights, and regardless of whether these are specifically and statutorily protected under the applicable laws and regulations, to the maximum extent permitted and available by the applicable laws and regulations, the Marks and Life Apparel Co Pty Ltd’s any rights and interest therein are protected and respected, and you shall not infringe the Marks and Life Apparel Co Pty Ltd’s right and interest therein.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Life Apparel Co Pty Ltd or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Life Apparel Co Pty Ltd.
5. Copyright and Trademark Infringements
Life Apparel Co Pty Ltd respects the intellectual property rights of others, and we ask you to do the same. Life Apparel Co Pty Ltd may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others.
Please also note that for copyright infringements, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability, to the extent permitted by applicable laws.
6. Your Account
If you purchase products or services through your account using the Site, you must establish an account with Life Apparel Co Pty Ltd. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You agree to immediately notify Life Apparel Co Pty Ltd of any unauthorised use of your password or account or any other breach of security by contacting us using the contact details at the end of these Terms. To the extent permitted by applicable laws, we have the right to disable any account or password at any time, for any reason.
7. Electronic Communications
In accordance with applicable laws, and where you agree, we may send you electronic communications in the form of email and/or SMS at the email address and/or mobile number nominated by you. You may opt-out of receiving these communications at any time using the instructions set out in the communication. Please note that it may take up to 5 business days for your request to be processed. If you opt-out, you may still receive communications from Life Apparel Co Pty Ltd about your account or any services you have asked to receive from Life Apparel Co Pty Ltd. You acknowledge and agree that any electronic communication in the form of such email, SMS or posting on the Site shall satisfy any legal requirement that such communication be in writing.
For the avoidance of doubt, to the maximum extent permitted by the applicable laws, you acknowledge and agree that, your and Life Apparel Co Pty Ltd’s rights and obligations in respect of the Submission, the License and Personal Rights are subject to the laws of Queensland, Australia, regardless of your residence or location, or where those are created or published.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to Life Apparel Co Pty Ltd set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Site does not violate any applicable privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site.
use the Site in a manner that uses technology or other means to access the Site, or other content that is not authorised by Life Apparel Co Pty Ltd;
use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
take any action that imposes or may impose (in Life Apparel Co Pty Ltd’s sole discretion) an unreasonably or disproportionately large load on Life Apparel Co Pty Ltd’s infrastructure;
attempt to gain unauthorised access to Life Apparel Co Pty Ltd computer network or user accounts;
encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
attempt to damage, disable, overburden, or impair Life Apparel Co Pty Ltd servers or networks;
fail to comply with applicable third party terms;
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
use racially, ethnically, or otherwise offensive language;
engage in conduct that is otherwise illegal;
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
post anything that exploits children or minors or that depicts cruelty to animals;
post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
use any robot, spider, scraper or other automated means to access the Site; and
alter the opinions, goals, profiles or comments posted by others on the Site.
This list of prohibitions provides examples and is not complete or exclusive.
To the extent permitted by applicable laws, if you engage in any of the prohibited misconduct listed above, Life Apparel Co Pty Ltd reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site and (c) refuse, delete, modify, edit or remove any Submissions or for any action that Life Apparel Co Pty Ltd determines is inappropriate or disruptive to this Site or to any other user of the Site. In such case, Life Apparel Co Pty Ltd shall take reasonable steps to notify you of such facts prior to the action, or if prior notice is not possible due to the urgency, as practically early as possible.
Life Apparel Co Pty Ltd takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in those Submissions. As a provider of interactive services, Life Apparel Co Pty Ltd is only a forum and, to the maximum extent permitted by applicable laws, is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
The foregoing prohibitions do not require Life Apparel Co Pty Ltd to monitor, police or remove any Submissions or other information submitted by you or any other user.
Life Apparel Co Pty Ltd prohibits crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Life Apparel Co Pty Ltd's express consent).
It is Life Apparel Co Pty Ltd's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. Accordingly, Life Apparel Co Pty Ltd does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that Life Apparel Co Pty Ltd is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time. Life Apparel Co Pty Ltd notifies you of such modification and discontinuation via its website or (if such modification and discontinuation materially influence you and/or your interest), via email/mobile messages.
Without limiting the foregoing, Life Apparel Co Pty Ltd reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site. Where we decide to impose fees for a product, service of Content you are currently using that we previously made available without charge, we will provide you with prior notice of the change. Continued use after notification will be taken as consent to the new fees.
11. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than Life Apparel Co Pty Ltd. Such links are provided solely as a convenience to you. Life Apparel Co Pty Ltd does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. Linking to the Site
13. Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial or service attack or distributed denial or service attack. We will report any such breach by you to the relevant law enforcements authorities and we will co-operate with those authorities. In the event of such a breach, your right to use our Site will cease immediately, and we will notify such fact to you prior to this suspension, or as practically early as possible.
You acknowledge and agree that we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
14. Warranties and Disclaimer
THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS , Life Apparel Co Pty Ltd DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORISED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LIFE APPAREL CO PTY LTD DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW. AS A RESULT, IF YOU ARE IN AUSTRALIA NOT ALL OF THE ABOVE LIMITATIONS WILL NECESSARILY APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. IF A GUARANTEE, CONDITION, WARRANTY OR TERM IS IMPLIED OR IMPOSED IN RELATION TO THESE TERMS (A NON-EXCLUDABLE PROVISION) AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR BREACH OF SUCH NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR A BREACH OF A NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING, AT OUR SOLE OPTION:
IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING THE EQUIVALENT FOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR
IN THE CASE OF SERVICES, THE SUPPLYING THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Regardless of your residence, or place where goods or services are purchased, to the maximum extent permitted by the applicable laws, your legal rights related to those goods or services are governed by the laws of Queensland, Australia.
WHILE Life Apparel Co Pty Ltd TAKES REASONABLE STEPS TO ENSURE WHAT YOU SEE ON THE SITE IS ACCURATE, DESPITE THIS THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT ALWAYS BE COMPLETE OR CURRENT. Life Apparel Co Pty Ltd THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LIFE APPAREL CO PTY LTD RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.
15. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LIFE APPAREL CO PTY LTD AND ITS PARENT, RELATED COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY LIFE APPAREL CO PTY LTD’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. Governing Law
18. No Partnership
19. Entire Agreement
Questions or Concerns
If you have any concerns about material which appears on the Site, please contact us by emailing us at: info [at] lifeapparel [dot] co or by writing to us at:
Life Apparel Co Pty Ltd
PO BOX 749
Currumbin 4223 QLD