Terms and Conditions
This website is operated by Lucky 44. These terms and conditions (the "Terms") apply to www.lucky44.com.au (the "Website") and form the terms and conditions on which Lucky 44 (“we”, “us” and “our”) provides any products and/or services to you. Please read through the Terms before you use and/or access the Website. By using the Website and/or any services provided by us and/or purchasing any products from us, you indicate that you have acknowledged, understood, and agree to adhere to the Terms.
We reserve the right to update, amend or replace any part of the Terms by posting the revised Terms here. You should check this page to review the most current version of the Terms and to see if there are any updates or changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance to the Terms posted.
The Website may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us, including third party service providers. You acknowledge and agree that we are not responsible for the content, terms and conditions, privacy policies, or practices of such third party websites or the companies that own them. By using the Website, you expressly relieve us from any liability arising from your access and use of any such third party website.
By accessing and/or using the Website, you represent and warrant:-
(a) you are the user of the Website and that you are at least 18 years of age; and
(b) all information supplied by you on the Website is true, accurate and complete.
2. Warranties and Limitation of Liability
The Website, all information provided therein, our products and/or our services are provided to you on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose.
Without limiting the generality of the afore, we expressly disclaim any warranty, condition, guarantee, term or representation: (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Website; (ii) that the functions contained on the Website will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are expressly excluded. We assume no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Website is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
· life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us;
· any unsuitable or improper use and/or alteration of our products, and/or any wilful damage, negligence, or other misuse of our products, as well as fair wear and tear, by you or any third party;
· any third party claims, whether directly or indirectly caused by, or relating to, the content of our Website and/or the products or services purchased on or through our Website; and
· any warranties provided under these Terms if the total price for the Product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access to and use of the Website is dependent on third party service providers such as internet, network or other link providers. Your payment for any product(s) purchased from the Website is processed by third party payment system providers and we do not retain or process any such payment information other than for the purposes of providing you with the products or services specified in the Website in accordance with applicable law. We cannot guarantee the security of such third party payment system(s) or any payment data on the Website, you agree that we are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Website, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
We shall not under any circumstance be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including, without limitation lost profits, lost revenue, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service(s) and/or the Website, or any product(s) procured or purchased from us, or for any other claim related in any way to your use of any such service or product, even if advised of their possibility. To the extent that any exclusion of liability under the Terms is not permitted under law, our aggregate cumulative liability under any claim shall in any event not exceed the sum that you have paid to us for the purchase of our products under your Order or $300, whichever is lower.
3. Orders and Services
We reserve the right to accept or decline any and all orders received from or through the Website in our sole and absolute discretion without assigning any reason. Our acceptance of your order will take place when a confirmation email is sent to the email address you provide to us, at which point a contract will come into existence between you and us. Each order accepted by us and which is fully paid shall constitute a separate and individual contract governed by the Terms. Please quote the order number provided to you whenever you contact us regarding your order.
You may place an order with us by completing and submitting the order on the Website or via email or via order form. It is your responsibility to ensure that your order and all information provided to us is accurate. An order shall be deemed irrevocable and unconditional upon transmission through the Website, and we shall be entitled, but not obliged, to process such any such order without your consent and without any further reference to you.
We will notify you if we are unable to accept and/or process your order for any reason including, without limitation, if the product(s) in your order is out of stock or is unavailable, if a credit reference we have obtained for you does not meet our minimum requirements, if there are limitations on our resources for which we could not reasonably plan, if we have identified an error in the price and/or description of the product, or if we are unable to meet a delivery deadline or other request you have specified.
The price payable by you for a product shall be the price listed for sale as stated on the Website at the time your order is transmitted to us through the Website, together with any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment within twelve hours from the time your order was placed. Any unpaid orders after this payment time shall be deemed cancelled unless we determine otherwise in our discretion. In the event that any product has been mispriced on the Site, we reserve the right to terminate the order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
4. Product Descriptions
We endeavour to be as accurate as reasonably possible in our descriptions of the products available for purchase through the Website. However, our products may vary from their pictures on the Website and the colours of the products may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do strive to ensure that screen colours are true to life as much as possible. Nevertheless, the images of the products on our Website are for illustrative purposes only. We do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.
For more information on shipping and delivery of your order, please refer to our FAQ.
In addition, should the item(s) that you order be out of stock or on back-order, the delivery of your entire order will only take place once such item(s) become available, unless otherwise specified by you at the time of your order.
If the delivery of your order fails for any reason and your order is returned to us, we would be happy to arrange for the re-delivery of your order, subject to you paying for any further delivery costs. We reserve the right to terminate your order should you repeatedly fail to take delivery.
Unused and unopened items in their original packaging may be returned to us (at your sole cost) within fourteen days of the date of our email notification confirming that your order has been processed. Please contact us via email at email@example.com and quote your order number before proceeding to return any item(s). Items purchased on sale may not be returned.
Upon our receipt of the returned item(s) in their original packaging, we will proceed to provide you with a refund for the amount paid by you for the returned item(s), excluding shipping costs. Any refund will be processed by us within 21 days of our receipt of the returned item(s).
We regret that we will only be able to offer refunds for items purchased from the Website.
7. Incorrect or Incomplete Orders
If you believe that you have received the wrong item(s) or that your order is incomplete, please contact us within 7 working days via firstname.lastname@example.org with your order number so that we may assist you. In the event that we ask you to send any items back to us, we will reimburse you for the cost of sending such item(s) to us via normal ordinary mail. Please note that items must be unopened and unused and in their original packaging. If the correct item is no longer available, we reserve the right to issue store credit or a cash refund to you instead.
8. Prohibited Activities
You undertake that you will:
1) not use the Website and/or our services or products for any illegal or unauthorised purpose or any other purpose not authorised by us;
2) not attempt to gain unauthorised access to the Website, or otherwise interfere or disrupt other computer systems or networks that may be connected to the Website, interfere with the utilisation and/or enjoyment of the Website by another user, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another user’s computer or mobile device or the Website; and
3) not disrupt, interfere with, hack into or otherwise impair the proper working of the Website and/or post or transmit through the Website any information, graphics, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; and/or any such information, data or material that may be defamatory, libelous or threatening or is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law or regulation; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
9. Intellectual Property
All intellectual property rights in and to the content on the Website and any material published in it is owned by or lawfully licensed to, us and we reserve and retain all rights in such material. You shall not, without our prior written consent, copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Website in any form or by any means. The name of Lucky 44 or any of our marks may not be used in any way, including in any advertising or publicity, or as a hyperlink, without our prior written consent.
10. Linked Sites
We may from time to time provide on the Website links to other sites that may be of relevance or interest to you. You acknowledge that we have no control over, and are not responsible for, the content on such linked sites or for any damage or loss you may incur from the linked sites, including, without limitation, any virus, spyware, worms, malware, errors or damaging material contained therein, and you hereby waive any claim against us with respect to such linked sites.
11. User Comments and Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may terminate an order at any time by written notice to you if:
a. You do not make payment to us when it is due;
b. You do not, within a reasonable time, provide us with information necessary for us to provide you with any product(s) or service(s) such as your delivery address; or
c. You breach or do not comply with any of the terms and conditions of the Terms.
If we terminate your order in the situations set out above, we will refund any money you have paid in advance for any product(s) we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
In addition, we may terminate our contract with you at any time by providing you with reasonable written notice.
You agree to indemnify us and hold us and our partners, affiliates, agents and representatives harmless from any claims, losses, damages, costs and expenses arising out of your access of, use of and/or participation in the Website, including (a) any claims of infringement of a third party’s rights; (b) damage to tangible property, bodily injury, or death; (c) negligence or wilful misconduct caused or attributable to you or any of your agents; and (d) breaches of your obligations under the Terms.
14. Access to the Website
We may change any content or material on the Website at any time in our discretion. You acknowledge that the content or material on the Website may be out of date at any given time, and that we are under no obligation to update the Website. We shall not be liable if for any reason the Website, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Website for any reason without prior notice to you.
15. Other General Terms
Governing Law: The Terms and any dispute or claim arising out of or in connection with the Terms including any non-contractual dispute or claim or dispute concerning its subject matter or formation, shall be governed by and construed in accordance with the laws of Australia. Any claim or dispute arising out of or in relation to the Terms and/or your use of the Website shall be subject to the exclusive jurisdiction of the courts of the Australia.
Assignment: The rights and obligations under the Terms may not be assigned by you to another party without our express written consent.
Waiver: The failure by us to enforce any right or term of the Terms shall not be construed as a waiver of such right or term.
Headings: The headings in the Terms are included for convenience and should be ignored in interpreting the Terms.
Severability: Should any provision of the Terms be held to be invalid, illegal or unenforceable, such provision shall be deemed not to form part of the Terms and shall not affect the validity of the other provisions of the Terms, which shall remain in full force and effect.
Entire Agreement: The Terms, and any other terms and conditions referred to herein, constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior communications and understandings with respect to such subject matter.
No Partnership: Nothing in the Terms or in your use and/or access of the Website shall be deemed to create any joint venture, agency, partnership, or employment relationship between you and us.