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Terms and Conditions

Last updated: 1 June 2020

This website is operated by Beach 26 Pty Ltd (ABN 29 621 157 748) trading as Live Learn Survive, Lifeguard Maxi and Maxi the Lifeguard (Live Learn Survive).

In these terms and conditions, the expressions we, us and our, are references to Live Learn Survive. A reference to a party is a reference to Live Learn Survive or you, and a reference to the parties is a reference to both Live Learn Survive and you.

Part A. Terms applicable to your use of this website

  1. Application of these terms
    By accessing and using this website, you are agreeing to comply with and be bound by the terms and conditions listed below and any other laws or regulations which apply to this website. If you do not accept these terms and conditions, you must refrain from using this website. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
    1. In these terms, the meaning of any general language is not restricted by any accompanying example, and the words 'includes', 'including', 'such as' or 'for example' (or similar phrases) do not limit what else might be included.
  2. Intellectual property rights statement
    1. All intellectual property rights in this website, including design, text, graphics, logos, icons, sound recordings and all software relating to this website belong to or are licensed by us. These intellectual property rights are protected by Australian and international laws.
    2. You may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.
  3. Linked websites
    This website may contain links to other websites, which are owned and operated by third parties and not Live Learn Survive. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
  4. Secure data
    Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to this website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact us immediately.
  5. Warnings
    1. You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
    2. We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this website updated. The information on this website is not, and is not intended to be, advice. You should not act or refrain to act on the basis of any of the material on this website without first satisfying yourself as to the truth or accuracy of all information given.
    3. We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website.
    4. You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
  6. Access
    Access to this website may be withdrawn at any time without notice. These terms and conditions will survive any such withdrawal.
  7. Indemnity
    You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Cth).

    Part B. Terms applicable to your purchase of products or services through this website

  8. Application
    This Part applies to the order and supply of one or more products or services which are displayed on this website for purchase (Products).
  9. Sale of Products
    1. You may place an order for one or more of the Products displayed on this website. 
    2. We may accept or reject an order at our discretion. If we notify you of our acceptance of an order, then:
      (a) subject to payment of the purchase price for that order, we sell you the Products in that order; and 
      (b) you buy the Products contemplated by that order for the purchase price. 
    3. We will endeavour to deliver the Products to the address in an accepted order or request a third party to do so within a reasonable time. You acknowledge that any delivery dates nominated or agreed to by us are indicative only, and are not binding on us. 
    4. Title to the Products passes from us to you when you pay the purchase price for those Products in full to us. 
    5. Risk to the Products passes from us to you on delivery to your nominated delivery address. 
    6. You must pay the relevant purchase price for the Products at the time that you place an order. 
    7. You must pay all taxes, duties, government charges and other taxes of a similar nature (including fines, penalties and interest) imposed, levied, assessed or payable in Australia or overseas in connection with an order. However, unless otherwise indicated, the consideration for a supply made under or in connection with these website terms and conditions, includes GST. Any terms used in this clause and not otherwise defined in these website terms and conditions have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). 
    8. If we elect not to accept an order and you have paid the purchase price for the Products in that order, then we will refund you any amounts paid for that order. 
  10. Products
    1. You must only use the Products in accordance with the applicable specification and for the intended purpose.
    2. You agree and acknowledge that:
      (a) the colour of the Products as pictured on this website may vary depending on your computer monitor;
      (b) the Products as pictured on this website are for illustrative purposes only;
      (c) subject to clause 14.2, we give no representations or warranties about the Products including that the Products will operate in accordance with the specification; and
      (d) without limiting clause 10.2(c), we make no representation and give no warranty that use of the Products by you or any third party will not infringe the intellectual property rights (including copyright, trade marks, patents and designs) or other rights of any third party.
      Nothing in this clause excludes or limits any guarantee you may have under law, including the rights described in clause 14.2.
  11. Returns, replacements and refunds
    1. Without limiting clause 14.2, if you are not satisfied with a Product and the Product is still in the same condition it was in when it was sold to you, you may request replacement of or a refund for the Product by contacting us within 7 days of the date of the relevant order.
    2. If you request a refund under clause 11.1 and we accept that request, we may:
      (a) ask you to arrange for the return of the relevant Product to our online store returns and exchanges address (as shown on our website). You are responsible for postage costs associated with the return of a Product unless the Product is faulty; or
      (b) give you a refund for the purchase price you have paid for the Product. Refunds will be processed using the original form of payment, within 7 days of us receiving the Product.

      Part C. General Terms

  12. Application
    This Part applies in addition to Part A or Part B (as applicable).
  13. Privacy
    If you provide us with information relating to you (including personal information) as a result of your use of this website or ordering Products, we can retain that information in our customer database and use that information (including personal Information) for purposes associated with our business, including marketing of our products and services. For more information about how we collect, handle and use your personal information, please see our privacy policy.
  14. Limitation of liability
    1. We are not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with this agreement or your use of this website.
    2. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
  15. Entire Agreement
    This agreement supersedes all previous agreements about its subject matter. This agreement embodies the entire agreement between the parties.
  16. Governing law and jurisdiction
    1. If a dispute arises regarding these terms, the laws of Queensland, Australia will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
    2. If you access this website in a jurisdiction other than Queensland, Australia you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

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