Terms and Conditions
Lovevery® Terms of Service
The content of this website, and the services provided through this website, are provided by Lovevery Australia Proprietary Limited, 1/22-28 Edgeworth David AveHornsby NSW 2077, Australia
(“Lovevery,” “we,” “us” or “our”). These terms and conditions (these “Terms of Service”) govern your (“you” or “your”) access to and use of the lovevery.com.au website (the “Website”) and all services provided by Lovevery via the Website including without limitation our subscriptions (“Subscriptions”), products, and gift cards (collectively, the “Services”). You may also be provided additional terms and conditions with respect to specific Subscriptions, products, and gift cards (“Specific Policies”), which shall apply in addition to these Terms of Service, with the Specific Policies superseding any conflicting terms in these Terms of Service.
If one or more of the provisions in these Terms of Service are null and void or should be nullified, the other provisions of these Terms of Service will remain fully applicable.
These Terms of Service apply to Lovevery Website users, customers, and prospective customers located in Australia. If you are located in the United States or Canada, the European Union or the European Economic Area (collectively, “European Union”), or the United Kingdom or Switzerland, please refer to https://lovevery.com/pages/help#terms, lovevery.eu/pages/terms-and-conditions or lovevery.co.uk/pages/terms-and-conditions, respectively.
ACCEPTANCE OF TERMS
By using our Website, creating an account, or purchasing or subscribing to our Services, you accept these Terms of Service. Please read them carefully, as they may have changed since your last visit. We may revise these Terms of Service at any time. Any revisions will be posted on this Website. Your continued use of the Website will indicate you understand and accept the Terms of Service as revised.
AUSTRALIAN CONSUMER LAW AND YOUR RIGHTS
Nothing in these Terms of Service attempts to modify or exclude the conditions, warranties and other legal rights under the Australian Consumer Law ("ACL").
Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
All information collected through the Website, or as part of the sale or subscription process, is subject to our Privacy Statement https://lovevery.com.au/pages/privacy-policy.
REGISTRATION AND ACCOUNT CREATION
To make purchases, you may register an account on our Website (“Account”) or check out as a guest. To create an Account, simply enter a valid email address. For us to successfully provide you the Services, you must provide us with:
a shipping address within Australia (unless creating an Account for gift card purchases); and
a valid credit card number (your “Credit Card”) and/or any other billing information or payment methods you have the right to use (collectively, “Account Information”).
As a registered user, you acknowledge and agree that we may use such information to communicate with you about the Services. If we have your permission to do so, we may also send you special offers and commercial email messages, which you may opt out of by selecting the unsubscribe link provided in the email correspondence. You may update your Account Information at any time, but please be advised that we reserve the right to use your new Account Information to process future purchases of our Products, including for any ongoing Subscription that was ordered using different Account Information.
You are responsible for protecting your Account from unauthorized use, and you are responsible for all activity that occurs on your Account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
TERMS OF SALE
The following terms explicitly apply to your purchase of our products and gift cards offered on the Website (hereafter “Products”), whether by way of a Subscription or otherwise.
Purchasing Products. By clicking on “Confirm order” you are placing a binding order for the Products that you have selected for purchase. Once you have submitted your order, we will send you an email confirmation of your order. A binding contract is formed when you receive the order confirmation from us. Please note that, subject to the ACL, we are under no obligation to deliver your order in the event of inaccuracies or errors in price or Product description, Product unavailability, or for certain other reasons such as credit card or payment related fraud outside of our control (in which case you won't need to pay or we will issue you a refund). Your order is exclusively based on the information provided by you for this purpose, and we may rely on the correctness and completeness thereof. Therefore, you guarantee the correctness and completeness of said information.
Product Descriptions. We try to make the Website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Website may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use or other errors outside of our control. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, or item unavailability, or that otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Website or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
Availability and Pricing. Lovevery reserves the right to change the prices and available Products at any time. Any Subscription you have already paid for as of the date of such notice will not be affected by such pricing change for the then-current term of the Subscription. Quantities of some Products may be limited, and stock cannot always be guaranteed – we will notify you where that is the case. The prices listed in the offer at the time of the order shall apply. The prices are quoted in Australian Dollars (AUD). If you are using an IP address that does not reflect your geographic location, you are responsible for reviewing the currency that is displayed and confirming that you accept the price of the Products in such currency before submitting an order. We may occasionally make errors in the stated prices on this Website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation. For some shipping locations, the cost of shipping and handling will be added to your order in addition to the Product price and, for other shipping locations, the Product price includes shipping and handling costs. Any shipping and handling costs that will be added to the Purchase price are shown during the ordering process before you submit your final order. Until the purchase price has been fully paid, the goods remain our property (or in case of a third party involved, the property of the third party).
Taxes. All displayed prices of goods include Goods and Services Tax ("GST") where applicable. GST will not be added after goods have been purchased. We have the right to charge you for any taxes or duties (other than GST) that we believe we are required to pay or collect related to your purchase. Any taxes and duties that will be added to the Purchase price will be shown during the ordering process before you submit your final order.
Payment . You authorize us (and any payment processor) to charge your payment method for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Website, which may include the following, among others:
credit card (Visa/Mastercard/American Express/Maestro);
PayPal Express; and
For credit card payments, we charge the Credit Card when your order is processed. The bank issuing the Credit Card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide to us in connection with this payment to provide better service to you should you wish to use our Service(s) again in the future and to protect us from fraud and other losses. For example, if you update your Credit Card or other billing information on file with us for any reason, including in connection with a purchase of our Products, we reserve the right to use your new Credit Card and/or other billing information to process future purchases of our Products, including for any ongoing Subscription that was ordered using a different Credit Card and/or billing information.
Completion of a payment transaction is contingent upon: (a) your providing complete personal, account, transaction, and any other information needed; (b) authorization of the payment by your credit or debit card company; and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our discretion acting reasonably, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. For example, we may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms of Service; (iii) if we suspect fraudulent, unlawful, or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes or high reversal rates or present a relatively high risk of losses; or (v) if you fail to cooperate in an investigation or provide additional information when requested.
Orders and delivery. We have the right to reasonably refuse, cancel, or limit the quantities of any Product orders. We will not be liable if a Product is unavailable or if shipment is delayed due to reasons outside of our control. The terms for delivery stated by us are always target terms and do not apply as deadlines. Subject to the ACL, exceeding these terms does not oblige us to pay any compensation, but it gives you the right to terminate the agreement or cancel your order. If and insofar as required for the execution of order, we have the right to have certain activities performed by third parties, namely the delivery of orders.
Damaged, Defective or Incomplete Shipments. If you receive a damaged, defective or incomplete shipment of Products, please contact Lovevery customer support at firstname.lastname@example.org. Please include in your message: your name, order number, and description of the defect or incomplete shipment. Please keep all original packaging.
You are entitled to a refund or replacement if a Product supplied to you is defective or otherwise breaches any of the consumer guarantees under the ACL. Your remedy under the ACL depends on the nature of the fault. You can choose between a refund or replacement if the Product has a major problem. If the problem is not major, we will fix the problem at our own discretion, including by giving a free repair. For additional information on the Parent Courses, see the section below entitled “Parent Courses Refund Policy”.
Lost and Broken Parts. If any individual part or component of a Product purchased through our Website is lost or broken other than through abuse or misuse, you may contact Lovevery customer support and, subject to the ACL and your compliance with these Terms of Service, we will use our reasonable best efforts to replace the lost or broken part. Subject to the ACL, our ability to replace lost and broken parts is, however, subject to, among other considerations: (a) the availability of replacement parts for the specified Product (e.g., we may be unable to provide replacement parts for discontinued Products); (b) the economic feasibility of replacing the lost or broken part in light of a variety of factors, including the anticipated total number of lost or broken parts for the specified Product; (c) evidence of Product damage, abuse, or misuse beyond ordinary wear and tear (e.g., the existence of multiple lost or broken parts in a single Product or multiple claims from a single customer); (d) any regulatory, compliance, safety, and legal concerns we may have; and (e) our reasonable discretion in light of the applicable circumstances. Lost and broken parts will only be replaced for customers located in Australia (unless the Product does not comply with the consumer guarantees under the ACL). For additional information on the Parent Courses, see the section below entitled “Parent Courses Refund Policy.”
Returns for Change of Mind. If for any reason you are not satisfied with your Product purchased through our Website, other than the Parent Courses, you have the right, in addition to your rights under the ACL (which are not limited by and which are separate from and additional to any rights and remedies you have under this paragraph), to withdraw the purchase of the Product during a 30-day reflection period (the “Reflection Period”), provided that you must subsequently return or hand over the Product to us (at the address provided below) within 30 days from the date on which you inform us that you are exercising your right of withdrawal (collectively, the “Right of Withdrawal/Return”). The Reflection Period and the Right of Withdrawal/Return do not apply if the Product is not of acceptable quality, faulty, not fit for purpose or otherwise does not comply with any of the consumer guarantees under the ACL. You have the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal/Return. In order to comply with the Reflection Period, it is sufficient that you send the notification about the exercise of your Right of Withdrawal/Return before the end of the Reflection Period. We may ask you about the reason for the withdrawal/return, but you are not obligated to state the reason(s). The Reflection Period starts on the day after you, or a third party designated in advance by you, who is not the carrier, have received the Product, or:
if you have ordered several Products in the same order: the day on which you, or a third party designated by you, received the last Product. We may, provided that we have clearly informed you about this prior to the ordering process, refuse an order for several Products with different delivery times;
if the delivery of a Product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part; and
in the case of a Subscription: the day on which you, or a third party designated by you, received the first Product.
During the Reflection Period, you have to handle the Product and its packaging with care. You will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. You may only handle and inspect the Product as you would be allowed to do in a store. If you do not handle the Product accordingly, you are liable for any depreciation of the Product.
If you use your Right of Withdrawal/Return under the Reflection Period, you must return or hand over the Product(s) as soon as reasonably practicable and in any case no greater than 30 days from the date on which you informed us that you are exercising your Right of Withdrawal/Return with respect to the Product (unless the Product does not comply with any of the consumer guarantees under the ACL). Subject to the ACL, you must return the Product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions by us. Return shipping is free of charge for customers located in Australia (and free of charge for customers located outside Australia if the Product does not comply with the consumer guarantees under the ACL).
If you withdraw/return a Product in accordance with the foregoing requirements, we shall reimburse you for all payments we have received from you, including reasonable delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day the delivery is received at our warehouse. For this refund, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you. To exercise your Right of Withdrawal/Return or if you have any questions, please contact Lovevery customer support. Please include in your message: your name, order number, and, optionally, the reason for the return. Please keep all original packaging.
Closeout Items Refund Policy. When indicated and subject to the ACL, no returns, refunds, or exchanges are available on closeout, clearance, or reduced price items. This does not apply to Products (including closeout, clearance or reduce price items) that do not comply with any of the consumer guarantees under the ACL.
If you wish to request a refund for a Parent Course, please contact Lovevery customer support at email@example.com. Please include in your message: your name, order number, and details around your request for a refund.
Gift Certificates/Card. If Lovevery e-gift cards (“Lovevery E-Gift Cards”) are available for purchase at lovevery.com.au, you may purchase them for anyone 18 and older through the Services . Lovevery E-Gift Cards can be redeemed solely through our Services for Products. Lovevery E-Gift Cards cannot be redeemed for cash, reloaded, resold, or transferred for value, except where required by law, or be used to buy other Lovevery E-Gift Cards. Lovevery E-Gift Cards require no maintenance, activation, or other fees. Lovevery E-Gift Cards do not expire. Risk of loss and title for Lovevery E-Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible for lost or stolen Lovevery E-Gift Cards, or for use without your or the recipient’s permission. Lovevery reserves the right to close accounts and request alternative forms of payment if a Lovevery E-Gift Card is fraudulently obtained or used or otherwise abused or misused, as we determine in our sole discretion, acting reasonably. You may obtain information about Lovevery E-Gift Cards, including the balance, by contacting Lovevery customer support.
Personal Use Only. Products are for your personal use only. You agree not to purchase bulk, wholesale, or commercial quantities of our Products or sell, resell, lease, rent, or use for or in any shared-use club, membership, or other arrangement, directly or indirectly, any Products you purchase or otherwise receive from us or another third party in connection with a Subscription or other purchase from or through our Website. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms of Service, as we determine in our sole and reasonable discretion.
International Sales. We currently market and sell our Products only within Australia and, through our affiliates, in the United States, Canada, the European Union, the United Kingdom, and Switzerland. We have the right to refuse, cancel, or limit the quantities of any Product orders made by customers who live outside of these areas. In addition, if you obtain Products through a freight forwarding company or similar service, we may be unable to assist you with customer requests that may arise in the future (e.g., returns, broken or missing items, replacements, and reshipments), unless the Product or Service does not comply with any of the consumer guarantees under the ACL.
From time to time, we offer our customers and non-customers alike the opportunity to enter Lovevery-sponsored or affiliated contests, sweepstakes, giveaway programs, or other promotions (each, a “giveaway program”), pursuant to which they can win free or discounted Lovevery Products and/or products of third-party participating brands. The rules, terms, and conditions applicable to a particular giveaway program are provided to, and must be agreed to by, participants prior to their entry into the program. Among other things, by entering into a giveaway program, you agree that certain personal data may be collected, processed, stored, or otherwise used by Lovevery, the participating brands, and their affiliates, including for promotional, marketing, and advertising activities. For additional information about how we, the participating brands, and their affiliates, may use your personal information, please see our Privacy Statement and the privacy policies of each of the participating brands and their affiliates, to which we will refer you at the point of entry into the giveaway program.
In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Products or the Services (collectively “Feedback”), you hereby assign such Feedback to us without compensation or expectation of compensation and agree that we may use such Feedback for commercial or non-commercial purposes at our discretion. For any Feedback that cannot be legally assigned to us, you hereby (a) grant us an exclusive, unrestricted, worldwide, perpetual, and royalty-free license to use the Feedback to (i) improve our Services or any Products and (ii) promote the Services and Products, and (b) agree that you will not be due any compensation for your Feedback that is used in these ways.
WEBSITE AND SERVICES CONTENT
Users have a personal, non-transferable, non-exclusive right to access and use the content of this Website and available through the Services (the “Content”) subject to these Terms of Service. The term “Content” includes all information, text, images, data, links, software, trademarks, videos, trade names, audio, designs, look and feel of the Website, and other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
We reserve the right to make changes to document names and content, descriptions or specifications of Products or Services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on the Website or through the Services, subject to the following conditions:
a) The Content may be used solely for personal, non-commercial, and informational purposes. Except for these limited purposes, no part of the Website or the Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b) The Content may not be modified.
c) Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
Any pictures and drawings remain our property at all times and must be returned to us without delay upon request, failing which the holder will owe the value to be determined by the owner. This provision also applies if we have expressly stated in writing that we wish a return.
We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
RESPONSIBLE USE AND CONDUCT
By visiting our Website you agree to use all Content only for the purposes intended and as permitted by these Terms of Service and applicable laws, regulations, and accepted online practices.
By visiting our Website you are responsible for the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You agree all information you provide for your Account is accurate and up-to-date. You agree to access our resources only in the means we provide and will not attempt to copy, duplicate, distribute, reproduce, display, sell, trade, or resell any of our information, resources, content, or tools.
With respect to the Website and related software, source code, platforms, servers, and interfaces, whether owned by us or third parties, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, create derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent, or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations, or by these Terms of Service.
Failure to comply with these Terms of Service holds you solely responsible for consequences, losses, or damages Lovevery incurs, and you may incur criminal or civil liability.
We work hard to provide the best experience possible and the best products for every age; however, you may cancel your automatic Subscription renewal through the Account page on the Website. You must update your Account on the Website at least 3 business days prior to your next shipment.
YOUR SUBSCRIPTION WILL CONTINUE AUTOMATICALLY UNTIL YOU CANCEL OR UNTIL LOVEVERY NO LONGER OFFERS PRODUCTS FOR YOUR CHILD’S AGE. THE LOVEVERY SUBSCRIPTION PRODUCT LINE MAY EXPAND TO INCLUDE OLDER AGES OVER TIME. IN ADDITION, IF YOU INITIALLY PAID FOR YOUR SUBSCRIPTION UP-FRONT, UPON THE CONCLUSION OF THE UP-FRONT PAID SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTO-RENEWED ON A PAY-AS-YOU-GO BASIS (I.E., YOU WILL BE CHARGED AT THE TIME EACH PLAY KIT SHIPS) UNLESS YOU TIMELY CANCEL OR ELECT TO PAY UP-FRONT AGAIN. We will take reasonable efforts to notify you prior to the end of the subscription period.
IF YOU DO NOT CANCEL YOUR SUBSCRIPTION AT LEAST 3 BUSINESS DAYS PRIOR TO YOUR NEXT SHIPMENT, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE NEXT APPLICABLE PERIOD.
You may cancel your Subscription at any time by updating your Account settings or by contacting Lovevery customer support with a request to cancel your Subscription.
You will continue to be renewed at the same effective annual rate, charged ratably upon shipment of goods and subject to an annual price increase of up to 10% at our sole discretion. You will receive notice in writing of such changes at a reasonable time before such changes to your Subscription occur and you can cancel at any time.
We may, acting reasonably, terminate your Subscription, without notice, for conduct we believe violates any material terms of these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.
For additional terms and conditions that apply to our Subscriptions, please refer to the Frequently Asked Questions page on our Website.
You agree to abide by all applicable laws and not to: (a) upload, transmit, post, email, or otherwise make available to the Website any material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another’s privacy, or libelous; (ii) infringes any third party’s intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Website or any computer software or hardware or equipment associated with the Website; (b) alter, remove, obscure or falsify any attributions, trademark, copyright or other proprietary designations of origin or source of the Website or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the Website or Content in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the Website; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Website or any Content; (f) take any action that imposes an unreasonable or disproportionately large load on the Website; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors, or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance, or regulation, or that violates these Terms of Service; (i) attempt to tamper with, alter, disable, hinder, bypass, override, or circumvent any Website security, reliability, or integrity features, restrictions, or requirements; (j) interfere with or disrupt the integrity or performance of the Website or the data contained therein; or (k) access the Website or Content in order to build a competitive product or service, copy any features, functions, or graphics of the Website or Content or monitor the availability and/or functionality of the Website or Content for any benchmarking or competitive purposes.
We are not responsible for non-performance of any obligation if we are prevented from complying due to force majeure causes beyond our reasonable control. Force majeure means, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which we cannot exert influence but as a result of which we are unable to fulfill our obligations. This includes, without limitation, strikes in our company and at our contractors, as well as pandemics and resulting conditions. In case of force majeure, you cannot claim any compensation or breach. If a case of force majeure results in the agreed date or term being exceeded, we have the right to terminate the relevant agreement by means of a written statement. This dissolution does not extend to Products that have already been delivered; these must be paid for, insofar as payment has not already been made.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless, and defend Lovevery and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, and representatives (and their respective successors and assigns) from any claims, damages, losses, and liabilities, and all reasonable costs and expenses of defense, including but not limited to attorneys’ fees, resulting from a claim by a third party that arises in connection with: (a) misuse or attempted misuse of this Website, Services, Products, and/or Content by you or any other person accessing the Website using your Account (unless the misuse was due to factors outside your control); (b) your violation of any terms of these Terms of Service or applicable law; and (c) your violation of any third party right, including but not limited to, any copyright, property, or privacy right, excluding any costs or losses that arise from our negligence, fraud or willful misconduct.
ACCURACY OF USER INFORMATION
If you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up-to-date information as requested on the screens that collect information from you.
The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18, but over the age of 13, may use the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all obligations that arise from these Terms of Service.
Although we will not collect information from any individual under the age of 13, Account Information may contain personally identifiable information—including the first name, last name, address, and birthday—of minors (“Child Personal Information”). Maintaining the confidentiality of your Account Information generally, and Child Personal Information specifically, is a responsibility we take seriously—we will not use or disclose Child Personal Information or your Account Information except as necessary to provide the Services or as otherwise authorized by you, and only in accordance with our Privacy Statement. Such necessary uses and disclosures may include, without limitation, providing Child Personal Information to our service providers and contractors.
DISCLAIMER OF WARRANTY
You are solely responsible for determining if the books that are delivered with our Subscriptions are suitable for your children. We do not take responsibility for the content in books or whether the books we choose conform to values suitable to every parent who subscribes to our service. Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website, to the extent the losses or damages did not arise from our negligence, fraud or wilful misconduct. Subject to the ACL, you agree that your sole and exclusive remedy arising from or relating in any way to any Product shall be its replacement or a credit towards another monthly shipment, at our sole discretion.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE, SERVICES, PRODUCTS, AND CONTENT ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE ACL), WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, BUT WITHOUT LIMITATION, LOVEVERY DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (B) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS;; OR (C) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE ACL), NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE MISUSE OR ATTEMPTED MISUSE OR INABILITY TO USE THE WEBSITE, PRODUCTS, SERVICES, OR CONTENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES, OR OTHER INTANGIBLES. THESE LIMITATIONS AND EXCLUSIONS WILL NOT APPLY TO THE EXTENT THAT OUR LIABILITY IS DUE TO LOVEVERY'S NEGLIGENCE, WILFUL MISCONDUCT AND/OR FRAUD. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN, SUBJECT TO THE ACL AND YOUR REMEDIES UNDER THE ACL (INCLUDING AS SET OUT IN THE SECTION TITLED "AUSTRALIAN CONSUMER LAW AND YOUR RIGHTS" ABOVE), YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE, IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NO IMPLIED ENDORSEMENTS
We make no representation that the Services and Products provided by Lovevery Australia Proprietary Limited are available in, appropriate for, or comply with laws outside of Australia. If you access the Website outside these jurisdictions, you do so at your own risk and are responsible for complying with your local laws and regulations; provided, however, that you agree that your access to the Website does not subject us to any laws, regulations or jurisdictions of any area.
We may, acting reasonably, terminate any user’s Subscription or access to our Website or Services at any time, with or without prior notice. It is our policy to terminate users who violate material terms of these Terms of Service, as deemed appropriate in our sole and reasonable discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services, to the extent that any losses do not arise from our negligence, fraud or wilful misconduct.
Governing Law and Jurisdiction. These Terms of Service are exclusively governed by and construed in accordance with the laws of New South Wales and the laws of Australia, without giving effect to any choice or conflict of law provision that would cause the application of the laws of any jurisdiction other than New South Wales or the laws of Australia. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be resolved in state or federal courts located in New South Wales, Australia and you expressly consent to exclusive jurisdiction and venue of such courts and waive any arguments regarding forum non conveniens or lack of personal jurisdiction, unless mandatory provisions of law prescribe otherwise.
INTELLECTUAL PROPERTY, COPYRIGHTS, AND TRADEMARKS
You agree and acknowledge that, as between you and Lovevery, Lovevery owns and retains all right, title, and interest in and to: (a) the Website and Content and all improvements, enhancements and modifications thereto; (b) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Services or the Website submitted by you; (c) all Products; and (d) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, “Lovevery Intellectual Property”). To the extent you have or later acquire any right, title, or interest in any Lovevery Intellectual Property, you hereby irrevocably transfer and assign all such right, title, and interest in such Lovevery Intellectual Property to us.
To the extent permitted by law, these Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
You agree that we may send to you in electronic form any notices or other communications regarding the Website and such electronic form will satisfy any legal requirements with respect to communications or notice.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms of Service shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
You may not assign these Terms of Service or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms of Service (including, for the avoidance of doubt, any Account Information we have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms of Service shall be binding on all permitted assignees.
The Feedback, Indemnification, Disclaimer of Warranty, Limitation of Liability, Enforcement, and other sections that should survive in order to enforce the intent of these Terms of Service shall survive the expiration or termination of these Terms of Service.
If you have questions in regard to these Terms of Service or any other questions please contact us at firstname.lastname@example.org.
These Terms of Service were last updated on February 1, 2023.