Terms of Use

The Leisure Collective Terms of Use

Last updated: 1 July 2022

These terms of use (Terms of Use) governs your access to, and use of, websites (our websites) that are owned and operated by The Leisure Collective Pty Ltd (ACN 163 647 229) and/or our related bodies corporate (including when we’re trading as Layday) (we, us or our), including your purchase of any of our products and services on or via our websites (our products and services).

Questions about these Terms of Use can be submitted to us by contacting us at cs_layday@leisurecollective.com.au.

Application of these Terms of Use
- By accessing and using our website, including purchasing any products and/or services on or via our website, each visitor (you, your) agrees to be bound by these Terms of Use. Please read them carefully. Your use of the website indicates your acceptance of these Terms and Conditions, as does your purchase of any of our Products via the website.
- We may vary these Terms of Use from time to time and we will publish the varied terms on our website. It is your responsibility to check our websites periodically for changes and your continued use of our websites following any changes indicates your acceptance of the changes. Your continued use of our websites and/or purchase of our products and services following any changes indicates your acceptance of the changes. The date of the policy’s latest revision will be published on this page.
- You can only use and access our websites to the extent you are legally able to do so in your State, Territory and/or country and you must also be over 18 years of age (or the age of majority in your location). Alternatively, if you are under 18 (or below age of majority in your location) your parent and/or legal guardian must consent to your use of our websites or can access and use our websites on your behalf.
- By using our websites, you warrant that you meet any eligibility criteria set out in these Terms of Use.
- We reserve the right to prohibit anyone from using our websites for any reason.
- You must use our websites for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of our websites and/or our products and services.
Account registration
- You can browse our websites without creating an account, however, sometimes we may require you to create one to make a purchase and/or access certain functions of our websites (Account).
- Where you create an Account, you are responsible for maintaining the confidentiality of your password and registration attached to your Account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
- If you would like to delete your Account for any reason, please contact us at cs_layday@leisurecollective.com.au.
- You warrant all your information is current, complete, and accurate. You agree to promptly update your Account if your information changes.
Privacy

Your use of this website and/or our Services may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (that you can access on the websites), which is incorporated into these Terms of Use.

Prices and GST
- Unless expressly stated otherwise, prices on our websites are:
  - in Australian Dollars;
  - inclusive of any applicable taxes, including GST;
  - exclusive of any shipping and delivery costs; and
  - are subject to change without notice in our sole discretion,

Special offers

From time to time, we may make special offers available to you, such as discount codes. Such special offers may be subject to additional terms and conditions that we notify you of at the time of your receipt of the special offer, which may include timing, limitations on quantity and/or other conditions. Any such additional terms and conditions form part of these Terms of Use. Special offer terms and conditions take precedence over these Terms of Use to the extent of any inconsistency.

Payments
- Payment for all products and services must be by one of the payment options set out at the checkout page of our websites. Your payment method will be billed as soon as your order is placed unless you have selected a shop now, pay later method supported by our websites, such as Afterpay.
- All online debit/credit card transactions performed on our websites are through third party secured payment gateways. All payment information is collected and stored by the third-party operators of the secured payment gateways, to be processed as required. We never permanently store complete debit/credit card details and complete debit/credit card details cannot be viewed by us or any outside party.
Changes, cancellations, refunds and replacements
- Refunds, returns and replacements are governed by our returns policy available on the relevant website from which you have made a purchase. Our returns policy forms part of, and is incorporated into, these Terms of Use.
Product accuracy and availability
- Certain products or services may be available:
  - exclusively online through the websites; and
  - in limited quantities.
- We make our best efforts to display, as accurately as possible, the colours and images of our products on the website as they appear physically, however, we cannot guarantee that your computer monitor's display of any colour will be accurate and we are not liable to you for any such inaccuracy, to the extent permitted by law.
- We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction.
- We reserve the right to refuse any order you place with us. If we do so, we will refund your payment for that order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- We reserve the right at any time to modify or discontinue all or part of our products and services without notice at any time.
Risk and title
- The products will be at your risk from the time of delivery to the delivery address specified by you.
- Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
Shipping and deliveries
- Shipping and deliveries are governed by the shipping policy available on the relevant website from which you have made a purchase, which forms part of, and is incorporated into, these Terms of Use.
- We are not liable to you, to the extent permitted by law, in relation to any delayed, lost, incomplete or erroneous deliveries, including where you have failed to provide us with accurate details and/or failed to update your details (including your name, email and/or delivery address). Where you notify us of any delayed, lost, incomplete or erroneous deliveries, we will provide you with reasonable assistance as may be necessary.
Acceptable use

You must not:

copy, modify, or create derivative works based on the content available on our websites;
infringe the intellectual property rights, privacy or confidentiality of any third party;
engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.

Intellectual property rights
- We own, or are the licensee of, the intellectual property rights in the content available on our websites, including text, graphics, photographs, logos, icons, sound recordings and software. These Terms of Use do not transfer any intellectual property rights from us to you or any third parties.
- You must not (without our consent):
  - adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the content or material downloaded from our websites; or
  - use our name, logo, graphics, and logos which appear on our websites.

Third party products and linked websites
- We may use third party products and services in our provision of our websites and our products and services to you (Third Party Products). You acknowledge that:
  - your use of, and access to, such Third Party Products may be subject to additional fees and separate terms issued by the supplier of such Third Party Products (Third Party Supplier), which will form a separate agreement between you and the relevant Third Party Supplier;
  - we make no representations or warranties in relation to, and do not accept liability for, any such Third Party Products; and
  - we may suspend your use of, or access to, the Third Party Products at any time, including on request from the Third Party Supplier.
- Our websites and products and services may contain links to third-party websites, products, and services. We do not make any representations or warranties in relation to, and we exclude all liability from, such third party websites, products and services.
User comments, feedback and other submissions
- By uploading, publishing, transmitting or making available any data, content or other material to us including posting, publishing or uploading feedback, comments, reviews, images, photos, content or any other material to our websites (User Content), you grant us, our affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including text, images, videos, graphics, audio and photographs without attribution.
- You acknowledge and agree that you are solely responsible and liable for all User Content and you represent and warrant that you have all rights, title, licences and consents that are necessary to grant us the rights in the User Content as contemplated in these Terms of Use, and neither the User Content nor the posting, uploading, publication or use of the User Content will infringe, misappropriate or violate a third party’s rights including intellectual property rights.
- We reserve the right to monitor, edit or remove User Content at our sole discretion, including where we consider your User Content is abusive, offensive, inflammatory, defamatory, obscene threatening or otherwise objectionable, or is in breach of third party intellectual property rights or any other laws.
Warranties and Liability
- These Terms of Use do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian consumer law.
- To the fullest extent permitted by law, your use of our websites and products and services is at your own risk. While we try and ensure that all details, descriptions and prices on our websites are accurate, we are not liable for any errors that may occur. Information and/or materials provided through the products and services is general in nature and subject to change and we have no obligation to verify and/or update such information or materials.
- We will not be responsible for any deficiency or delay in the performance of the services to the extent it is attributable to your breach of these Terms of Use.
- To the fullest extent permitted by law, and except where otherwise set out in these Terms of Use:
  - we expressly disclaim all warranties, express or implied, of any kind with respect to our websites and the products and services, including without limitation that our websites will be uninterrupted or error-free or with regard to the results that may be obtained from the use of our websites, or use of the information, content, service, or products provided through our websites; and
  - we, our directors, officers, employees and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to our websites and/or our products and services.
- To the extent permitted by law our websites, products and services and all third party content available to you through our websites and our products and services are provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.
Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to our websites, or any part of, for any reason, to interrupt the operation of our websites, or any part of, as necessary to perform maintenance, error correction or other changes.

General
- Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
- These Terms of Use contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.
- Any failure by us at any time to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.
- If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
- These Terms of Use are governed by, and construed in accordance with, the laws of Western Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.

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