LazyBirdy Pty Ltd
Standard Customer Terms and Conditions
1. User agreement
1.1. This agreement is formed between you, the visitor to this website and Lazybirdy Pty Ltd (ACN 151 920 820, ABN 74 151 920 820 ) ("LazyBirdy", "we" and "us")
1.2. By visiting and/or using the www.lazybirdy.com and www.lazybirdy.com.au website, associated services and functionality ("website") you agree to be bound by this agreement ("agreement")
1.3. LazyBirdy may modify this agreement at any time and such modifications shall be effective immediately upon posting the modified agreement on the website. You should check this agreement from time to time, especially when ordering goods or services, to acquaint yourself with the current version of the agreement.
2.1. In order to make purchases, submit comments and access some features of the website, you will need to be a registered member.
2.2. You may not use another member’s account without their permission.
2.3. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
2.4. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
2.5. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
3.1. By making a purchase through the website you warrant to LazyBirdy that you are over 18 years of age.
3.2. Should LazyBirdy suffer any loss or damage, as a result of a transaction entered into by a minor, LazyBirdy reserves the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of website services to You / Termination
4.1. LazyBirdy reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
4.2. We may terminate your account or restrict your access to the website if we reasonably consider that there has been a breach of this agreement by you. If we do this, you may to the extent permissible at law be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
5.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.3 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
5.5 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
5.6 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Autralia.
6. Use of website by you
6.1. You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
6.2. You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with LazyBirdy's prior written consent.
6.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
6.4. You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
6.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7.1. The prices of goods and services, delivery and other charges shown are in Australian dollars and include GST where applicable.
7.2. Prices of goods and services are current at time of display but are valid only for the 24 hour period (or any extension provided by us) in which they are available for purchase.
8.1. All payments must be received in full prior to a product being delivered. Please read the Payment section of the website for payment options.
8.2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold products against your order.
9. Links to third party websites
9.1. Our website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we may not have reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
10. Intellectual property
10.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
10.2. Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
10.3. We do not claim ownership of content members submit. However, by corresponding with us or contributing content to the website in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant, and you represent and warrant to LazyBirdy that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
11. Transfer and Assignment
11.1. If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
12. Privacy and personal information
We do not collect personal information if you only browse this website.
When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
Online payments are handled by e-way and Paypal, external third party service providers. We do not see or store your credit card or banking details. Please check the eway.com.au and paypal.com.au websites for details of their privacy policies and security measures.
Our server may log (and we may have access to) details about any computer used to access the website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us and/or related websites operated by us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
you have consented;
you would expect us to;
it is required or authorised by law;
it will prevent or lessen a serious and imminent threat to somebody's life or health; or
the disclosure is reasonably necessary for law enforcement.
You may request us to remove your personal information from our database by emailing us or using the contact form on the website.
You consent to the transfer of personal information in the circumstances set out in clause 11 above.
Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our help center.
13. General Provisions
13.1. We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
13.2. This agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia, and to the Federal Court of Australia sitting in New South Wales.
13.3. If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
13.4. If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
14. Dispatch and Delivery Policy
14.1. After ordering online, you will receive an email confirmation from us containing your order details
14.2. We will attempt to dispatch your goods via Australia Post or couriers within two working days
14.3. Delivery will take a little longer depends on address and delivery service provider.
14.4. We deliver inside Australia only. All shipping destinations must be within Australia. If you locate outside Australia, please contact us before processing order. We will charge extra delivery fee on international orders. Please be advised that we will not accept international orders without correct amount of shipping fee.
If you wish to query a delivery please contact us at firstname.lastname@example.org or visit Help center for more information.
© This Agreement is the copyright of LazyBirdy Pty Ltd ACN 151 920 820 and may not be used or copied without its permission.
This agreement was last updated on 30 August 2011.