Terms of service
TERMS OF SERVICE
1. Introduction
- Welcome to the A Thousand Lives online store! We, A Thousand Lives Pty Ltd (ABN 78 672 503 810) of Shop 4 / 1385 Healesville-Koo-Wee-Rup Road, Woori Yallock, Victoria, 3139 (A Thousand Lives, we or us), operate both an online and physical book store.
- These Terms apply to our online store and website is located at www.athousandlives.com.au and related URLs and social media platforms owned or operated by us and any associated online communications with us (our Services).
- These Terms of Service incorporate by reference, and are to be read in conjunction with our:
- Online Shopping Terms;
- Returns Policy;
- Shipping Policy;
- Privacy Policy;
- Store Credit Terms;
- Gift Cards Terms; and
- any other terms or policies as specified by us and linked in our Services from time to time
(collectively, the Terms). For the avoidance of doubt, the aforementioned policies from part of the Terms.
- These Terms apply to your access, viewing, visiting, purchase, return and other use of our Services, including any new features or tools added to our current Services at any time.
- Our Services are hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our goods and provide the Services to you.
- By accessing, viewing or visiting our Services, making a purchase through our Services or otherwise interacting with our Services, you (you or the Customer) agree to be legally bound by these Terms and accept these Terms as a condition of sale to you. If you do not agree to these Terms, you must immediately cease access to the Services.
- We reserve the right, in our absolute discretion, to amend, remove or vary the Terms by updating these Terms on our Services. Such changes will apply to any access or use of the Services after the change. Your continued access and use of the Services after any changes constitutes acceptance of those changes. It is your responsibility to check, review and keep yourself up to date with these Terms. If you do not agree with such changes, you must immediately cease access to the Services.
2. Services
- The Services may, from time to time, allow you to purchase goods from us (Goods) and place orders for such Goods (Orders), subject to the terms of the Online Shopping Terms.
- You warrant and represent to us that you are at least the age of majority in your country, state or province of residence or that you have the consent of a legal guardian that is the age of majority in your country, state or province of residence to use the Services.
- Our Services are intended to be used by users aged 18 or older in Australia. We do not represent that our Services are appropriate, relevant or suitable for any users outside of this scope.
- We may delete, suspend, discontinue or restrict access or availability of, or change or update the Services or any part of the Services, in our sole discretion.
- You understand and agree that your content (other than credit card information) may be transferred unencrypted and involve:
- transmissions over various networks;
- changes to confirm and adapt to technical requirements of connecting networks or devices,
- however, credit card information is encrypted during transfer over networks via our 3rd party payment providers such as Stripe or Paypal.
- You agree that we are not liable to you or any other party for our exercise of rights under this paragraph 2.
3. Account
- Some features of the Services may require you to sign up for an account with us. You are solely responsible for ensuring that your account credentials, such as username and password, are securely stored and that you log in through a safe, private internet connection.
- You are solely liable for and responsible for, all activity that occurs from or in connection with your account, including any unauthorised access or use of your account.
- If you aware of, or suspect that your account has been subject to unauthorised access or use, please immediately contact us on hello@athousandlives.com.au.
4. Your warranties and obligations
- You warrant and represent to us that:
- you have legal capacity and authority to enter into and be bound by these Terms;
- all information provided by you to us is true, accurate, current, complete and free from error;
- you will not use a false identity or contact details, impersonate any other person or misrepresent your identity;
- you will only use the Services for legitimate purposes, including making legitimate enquiries or Orders;
- you will maintain the accuracy of any information provided to us; and
- you will act courteously, respectfully and politely in all communications on or in connection with the Services or the Goods.
- You must not, directly or indirectly, or encourage or enable any other party to use the Services:
- to mislead, deceive, scam or gain unfair advantage of any other person;
- to discriminate against any person, including based on race, sex, sexual orientation or identity or disability;
- to harass, intimidate or incite violence;
- to spam other users of the Services or the public;
- to spread any political or religious beliefs;
- for any illegal purpose, including any fraud or grooming or to violate any law or regulation;
- for any purpose that would breach our rights or any third-party rights, including any intellectual property rights such as copyright or defamation; and
- in any manner that may damage our reputation or that of the Services, or otherwise bring us or the Services into disrepute or negatively affect our goodwill or the goodwill of the Services.
- You must not, actually or attempt to, directly or indirectly:
- license, sell, lease, rent, assign, distribute or otherwise commercially exploit the Services;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the Services or the source code, algorithms or underlying ideas of the Services or any part of the Services or create derivative works from the Services or its content;
- use any meta tags or other hidden data containing our brand, trademarks (whether registered or unregistered), URL, logo or logo URL without our prior written consent;
- embed, display, mirror or frame the Services or any element of the Services on any other website or place, without our prior written consent;
- use any device, software or other method or technologies to access, collect, monitor, scrape information or data, whether from the Services or from other users of the Services or otherwise interfere with the proper function of the Services;
- upload or otherwise transfer to any other person via the Services or using the Services, any malicious content or technologies, including any trojans, viruses;
- circumvent any feature of the Services, tamper with or gain unauthorised access to the Services or any part of the Services or otherwise breach any security or authentication measures within the Services, including by hacking or password mining;
- copy, reproduce, alter, adapt, disseminate, modify, republish, distribute, display or otherwise transfer for commercial or public purposes, the Services; or
- use any means to impose an unreasonable load on the infrastructure or bandwidth of the Services or its related systems or networks, including testing the Services for vulnerabilities without our prior written consent.
5. Malicious technology
- To the maximum extent permitted by law, we will not be liable for any loss or damage resulting from any denial of service attack, virus, trojan, or any other software or material which is malicious or technologically harmful to you, your device, data or material including in connection with your access or use of our Services.
6. Intellectual property
- All intellectual property rights in the Services and content within the Services, such as text, graphics, logos, images, including trademark, copyright and database rights, are solely owned or licensed to us. All rights not expressly granted to you under these Terms are reserved by us and/or our licensors.
- Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use the Services for the purposes set out in these Terms only. You must not use the Services or the content within the Services for any commercial purpose without obtaining prior written consent from us. The License may be revoked by us at any time, for any reason in our sole discretion, including for any breach of these Terms.
- You must not use our name, trademark, logo or any other proprietary information or intellectual property owned or licensed exclusively to us, without our prior written consent.
7. User Content
- You may upload, post, share, publish or otherwise make available content, information, data, images, video or other content within the Services (User Content), which may be accessible by us, other users of the Services and/or the public. This may include leaving reviews or ratings in our Services.
- You grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display and perform the User Content on or in relation to the Services, including in our social media, advertising, marketing, promotional, publicity or other media channels (User Content License).
- Except as expressly granted under the User Content License or as otherwise stated, these Terms do not transfer any rights in ownership or intellectual property in the User Content to us or any other person.
- You are solely liable for any User Content you make available through the Services. You warrant and represent to us that:
- the User Content will comply with these Terms and will not cause you to breach these Terms, including your warranties and obligations;
- you have consent of any person appearing in or whose likeness or image is in, the User Content;
- you are the sole and exclusive owner of the User Content, or you have the right, licence, authority, consent, release or anything necessary to grant us the User Content License; and
- the User Content or any exercise of any rights granted under the User Content License, will not infringe, breach, misappropriate or breach any law, Government regulation or guideline, including any Australian Consumer Law, or third party right, including any intellectual property right such as copyright, trademark, trade secret, patent, design right, moral right, or any other right such as defamation, privacy or tort.
- We reserve the right to remove any User Content, in our sole discretion and for any reason.
8. Ratings and reviews
- The Services may facilitate the ability to leave ratings and reviews, being User Content, which will be available publicly in the Services. If you leave a rating or review, you must ensure that it is true, fair, accurate and genuine and must comply with these Terms, including but not limited to, not breaching any third-party rights. We do not have any obligation to review reviews, however we reserve the right to remove any review or rating which we believe breaches these Terms.
9. Suggestions and features
- We welcome any feedback, comments, improvements, modification to the Services, feature requests, bug fixes and suggestions to change or improve the Services (Feedback). We may, but we are not obliged to implement any such Feedback. You agree that if you provide us with any Feedback:
- you will not take any action against us, including making any claim of ownership of any intellectual property in the Feedback, for implementing, utilising or otherwise dealing with any Feedback;
- you grant us a worldwide, unlimited, non-exclusive, irrevocable, royalty-free transferable and sublicensable license to access, use, modify, copy, adapt, distribute, publicly display or perform the Feedback for any purpose; and
- you irrevocably transfer all right, title and interest in, and any intellectual property rights in the Feedback to us.
10. Linking and sharing
- Subject to your compliance with these Terms, you may link to our Services. We may revoke permission to link to our Services without notice. You must not suggest any form of association, approval or endorsement by us without our prior written consent, which may be revoked at any time.
11. Third party links and social media
- Our Services may contain links to websites or applications controlled and operated by third parties from time to time (3P Sites). We make no representations or warranties as to, and will not be liable for, the content, accuracy, currency, reliability or availability of any 3P Sites.
- We use a number of social media platforms such as Instagram and Facebook, however such platforms are governed by their own particular terms of use.
- We do not endorse, support, sanction, encourage, verify or necessarily agree with the content of such 3P Sites or any comments, opinions or statements made by an users on 3P sites or social media platforms. The 3P Sites may be subject to their own terms and conditions and policies and it is your sole responsibility to ensure you are aware of such terms and policies and that you agree to them prior to accessing or using such 3P Sites.
12. Termination
- These Terms are effective unless and until terminated by either you or us.
- These Terms may be terminated by you by notice in writing to us.
- We may terminate these Terms or suspend your access to the Services for any reason in our sole discretion with notice to you, provided that we fulfil any Orders placed by you prior to the date of termination, or refund amounts paid by you for any unfulfilled Orders at the date of termination.
- We may terminate these Terms, suspend your access to the Services or cancel or refuse to process payment of any Orders or part of any Orders, without notice, if in our reasonable opinion, you:
- breach these Terms (including any policies referenced in the Terms);
- breach any law or are suspected of breaching any law;
- are fraudulent or are suspected of fraudulent or unusual activity, including your Order triggers fraud prevention protocols;
- engage in any scam, SPAM or are suspected scam or spam; or
- have engaged in any deceptive, misleading or improper conduct.
- The obligations and liabilities incurred prior to the termination date will survive termination of these Terms.
13. Disclaimers
- The Services are provided on an ‘as-is’ basis for general information purposes only and, to the maximum extent permitted by law, without warranty of any kind, whether express or implied.
- We do not guarantee, represent or warrant that the Services or any content within the Services will be available, secure or uninterrupted. We reserve the right to remove the Services for any period of time, or cancel the Services at any time, without notice.
- We make no warranties or representations that the Services or any content in the Services will be free from error, or as to the accuracy, completeness or currency of any content made available in the Services. The content and material in the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without seeking further professional advice. Any reliance on the Services or content within the Services, is at your own risk. To the maximum extent permitted by law, we disclaim all liability arising from any reliance on any such content or the Services and we are not responsible or liable to you or any other party for any reliance on the Content.
14. Corrections and support
- We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information or cancel orders if information within the Services, an Order or on any related website, is inaccurate or incorrect without prior notice (including after you have submitted an Order) including where such errors or inaccuracies relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability.
- We do not have any obligation to provide technical support or maintenance in connection with the Services.
15. Indemnity
- You agree to indemnify and hold harmless A Thousand Lives, our directors, officers, employees, agents and affiliates, from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with:
- your actual or suspected breach of these Terms or any warranty or representation under these Terms; and
- your actual or suspected breach of any law, or infringement on any rights of a third-party.
16. Limitation of liability
- To the maximum extent permitted by law, we agree that you will not be liable to us or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:
- our breach of these Terms; or
- our breach or suspected breach of any third-party rights,
except where such Liabilities were caused or contributed to by your gross negligence or fraud
- To the maximum extent permitted by law, you agree that A Thousand Lives, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:
- your breach of these Terms;
- your breach or suspected breach of any third-party rights;
- any unauthorised use or access to your account;
- the availability of the Services or any Goods;
- the withdrawal or suspension of sale of a Good; or
- any delay or failure to process your Order or deliver Goods due to inaccurate incomplete details provided in an Order,
except to the extent that such Liabilities were caused by our gross negligence or fraud.
- To the maximum extent permitted by law, each party’s total aggregate liability to the other arising out of or in connection with these Terms is limited to the amounts paid to A Thousand Lives in-store by the Customer for Goods, within the 6 months immediately preceding the event giving rise to the liability.
17. Force Majeure
- We will not be liable for any failure to perform, or any delay in the performance of obligations under these Terms due to any act, event, omission, or accident outside of our reasonable control, including strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, infection or other natural disaster, impossibility of use of transport or any type of transport or telecommunication network, any act, degree, legislation, regulation or restriction of government or any shipping, postal or other transport strike, failure or accident (Force Majeure Event).
- Our performance under any contract will be deemed to be suspected for the period of the Force Majeure Event. If the Force Majeure Event continues for longer than 30 days, we may cancel the contract by giving written notice under these Terms.
18. General
- Applicable laws and jurisdiction: These Terms and its subject matter, are governed and construed under the laws of Victoria, Australia. You irrevocably agree that the alternative dispute resolution mechanisms and/or courts of Victoria, Australia have exclusive jurisdiction over any action, dispute or claim that arises out of or in connection with these Terms or its subject matter, whether contractual or non-contractual.
- Assignment: You must not assign, transfer or otherwise deal with these Terms without our prior written consent. A change of control within the meaning of the Corporations Act 2001 (Commonwealth) will be considered an assignment under this clause. Any purported dealing in breach of this clause will be void and of no effect. We may assign, novate, transfer, charge, sub-contract or otherwise dispose of these Terms at any time. For avoidance of doubt, your statutory rights as a consumer will not be affected by such disposal.
- Entire Agreement: The Terms constitute the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, understandings, agreements, whether written or oral.
- Inconsistency: If there is any inconsistency between the terms of these Terms of Service and any other terms between you and us, such other terms will take precedence to the extent of the inconsistency, unless expressly stated otherwise.
- Notices: Any notice, demand, consent or other communication required under these Terms must be in writing and will be duly given when delivered personally to the recipient’s address, by registered, tracked mail to the recipients address or by email to the recipient’s email address.
- Severability: If any term in these Terms is invalid, void, illegal or unenforceable, it is deemed to be amended to the minimum extent necessary to make it valid, legal and enforceable. If such amendment is not possible, then the relevant term is severed from the Terms.
- Survival: Clauses 3 (Warranties), 5 (Intellectual Property), 6 (User Content), 11.1 (Termination), 12 (Disclaimers), 14 (Indemnity), 15 (Limitation of liability), 17 (General).
- Waiver: No failure or delay by either party in exercising any right, power, or privilege under these Terms will operate as a waiver, nor will any single or partial exercise preclude any other or further exercise of any right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law. A waiver will only be effective if made in writing and signed by the waiving party.
19. Contact us
To contact us, please email us at hello@athousandlives.com.au.
ONLINE SHOPPING TERMS
1. Introduction
- These online shopping terms (Online Shopping Terms) apply to orders and purchases made via our Services, as defined in our Terms of Service.
- These Online Shopping Terms are incorporated by reference in the Terms of Service and should be read in conjunction with the Terms of Service and any other terms, conditions and policies specified in the Terms of Service (the Terms, as defined in the Terms of Service). If you do not agree to all of the Terms, do not use the Services.
- Capitalised terms not defined in these Online Shopping Terms have the definition set out in the Terms of Service.
- By ordering, making a purchase or return through the Services, you agree to comply with and be legally bound by, the Terms including these Online Shopping Terms.
2. Goods
- You acknowledge and agree that:
- all pictures, images, video and other media of Goods displayed in the Services are for illustrative purposes only;
- any accessory or decoration featured with the Goods is for illustrative purposes only and is not included in the purchase unless specified in the Good description; and
- despite our efforts to provide accurate images of Goods, colours may vary from the displayed media of a Good due to specifications of different monitors and devices;
- We reserve the right, in our sole discretion, to restrict the quantity of Goods which can be purchased in an Order or during a particular period of time or per person or per address.
- We may withdraw or suspend from sale any Good displayed on our Services, temporarily or permanently, at any time and without notice.
3. Orders
- By placing an Order via the Services, you are making an irrevocable offer to us to purchase the Goods of the quantity and for the price specified in the Order, plus any applicable delivery fees, bank or transaction fees, taxes, customs charges and duties.
- Each Order that you place constitutes a separate contract with us. All Orders are subject to our acceptance of the Order and availability of Goods.
- You warrant and represent to us that:
- you will only use the Goods for personal, non-commercial use and that they will not be -re-sold commercially without our prior written consent;
- in paying or attempting to pay for an Order, you agree that you have not breached any law, infringed any third-party right or engaged in any fraudulent conduct; and
- you will not make any speculative, fraudulent or false Orders.
- Acknowledgement: Upon placing your Order, you will receive an email confirming receipt and acknowledgement of your Order which does not constitute acceptance of your Order.
- Acceptance: Orders are deemed to be accepted by us at the time we send an order confirmation email to your nominated email address and receive payment in cleared funds from you. We reserve the right to reject an Order for any reason, in our sole discretion. It is your sole responsibility to ensure that you have provided the correct contact and payment details at the time of placing your Order.
- If you place consecutive separate Orders to the same delivery address, we cannot guarantee that we will be able consolidate your Orders and delivery fees. You may send us a request on hello@athousandlives.com.au to consolidate the Orders, and if we are able to do so, we may in our sole discretion, accept such request.
- Your Order becomes a sale once your Order is dispatched for delivery.
4. Cancellation
- An Order cannot be cancelled by you once it has been dispatched. We may be able to assist with a request to cancel or update details of an Order if it has not yet been dispatched, in our sole discretion. We cannot guarantee that your Order can be cancelled or amended once it has been submitted to us. You should ensure to carefully check that your Order and details are correct before submitting it to us. If you wish to request a cancellation or amendment to an Order before it has been dispatched, please contact us at hello@athousandlives.com.au.
- Whilst we use reasonable endeavours to process Orders placed with us, we may need to cancel an Order because of certain circumstances, such as where we are unable to get in contact with you regarding your Order, stock availability issues or other factors outside of our control. We reserve the right to cancel any Order at any time, in our sole discretion, by written notice to you.
- If you have already made payment for an Order at the time we cancel an Order, you will be refunded to your original method of payment as soon as practicable. Except as set out in this paragraph 2, we will not be liable to you or any other third party for any cancellation of an Order or withdrawal of Goods from the Services.
5. Price and payment
- All prices are in Australian dollars, and if GST applies, is inclusive of GST. We require payment upfront and in full before dispatching an Order. We do not accept lay-bys or rainchecks via our Services.
- Accepted payment methods are specified at checkout and may be subject to change. You agree to any third-party terms and conditions or policies applicable to the payment method you choose.
- If your payment method cannot be processed, we will notify you and reject your Order until you provide a valid payment method.
- Goods are sold for the price specified in the Services, except in cases of genuine human or system error. If we discover an error in the price of any Good you have ordered, we will notify you at your nominated email address as soon as practicable and may either reject and refund that part of the affected Order, or give you the option to reconfirm the Order for the affected Good at the correct price or cancel that part of the affected Order.
- If we do not receive a response from you within 5 days of notifying you, the Order for that Good will be treated as cancelled and any amounts already paid for that Good will be refunded. We will fulfil the rest of your Order for unaffected Goods.
- We are under no obligation to provide Goods to you at an incorrect price due to error.
- We reserve the right to change or update our prices for Goods at any time, such changes will be applicable to Orders made after the change or update.
6. Delivery
- Please see our Shipping Policy for information about delivery of your accepted Order.
- Shipping and delivery timeframes are estimates only as timeframes may be affected by delays outside of our control, including unforeseen circumstances, delivery service provider availability or delays, physical or transit considerations, etc.
7. Returns
- All returns are subject to the terms of our Returns Policy.
8. Product Recalls
- If a Good is subject to a product recall, you will be notified by your nominated email address with information regarding return of the recalled Good.
9. Privacy
- Any personal information you provide to us via the Services is subject to our Privacy Policy.
10. Promotions and offers
- We may offer special promotions, offers, discounts and sales (Offers) from time to time in the Services, in-store or via a promotional code to be used at check out. Offers may be subject to additional terms and conditions as specified with the offer, which may include exclusions or other limitations. It is your responsibility to read such terms and conditions carefully.
- Unless otherwise stated, Offers are not applicable in conjunction with any other Offer.
- We reserve the right to run any particular Offer online only, or in-store only, as specified with the Offer.
- Unless otherwise stated, all references to times and dates in any Offers are based on Australian Eastern Standard Time in Victoria, Australia.
11. Indemnity
- We agree to indemnify and hold you harmless from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with our breach of these Terms.
- You agree to indemnify and hold harmless A Thousand Lives, our directors, officers, employees, agents and affiliates, from and against any and all actions, claims, costs, damages, expenses, losses and liabilities, including legal fees, arising out of or in connection with:
- your actual or suspected breach of these Terms or any warranty or representation under these Terms; and
- your actual or suspected breach of any law, or infringement on any rights of a third-party.
12. Limitation of liability
- Nothing in these Terms operate to exclude, restrict or modify any warranties, conditions, guarantees, rights and remedies that which cannot be excluded, restricted or modified by law, including Australian Consumer Law (Non-Excludable Rights). To the extent that such legislation applies, these Terms must be read subject to those statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
- To the maximum extent permitted by law and to extent that such Non-Excludable Rights and remedies apply, our liability is limited to:
- the resupply of the relevant services;
- replacement (where possible) for the Goods or an equivalent Good; or
- a refund for the amount paid to us for the relevant Good.
- Except for Non-Excludable Rights and to the maximum extent permitted by law, we exclude all implied terms and warranties, whether statutory or otherwise, in connection with the Goods.
- To the maximum extent permitted by law, we agree that you will not be liable to us or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:
- our breach of these Terms; or
- our breach or suspected breach of any third-party rights,
except where such Liabilities were caused or contributed to by you, or your gross negligence or fraud.
- To the maximum extent permitted by law, you agree that A Thousand Lives, our directors, officers, employees, affiliates, agents or contractors, will not be liable to you or any third party, for any actions, claims, costs, damages, expenses, losses or liabilities (Liabilities), whether direct, indirect, incidental or consequential, and whether based on warranty, contract, tort or otherwise, including lost profits, lost business, loss of anticipated savings, loss of data, opportunity or good will, arising out of or in connection with:
- your breach of these Terms;
- your breach or suspected breach of any third-party rights;
- the availability of the Services or any Goods;
- the withdrawal or suspension of sale of a Good; or
- any delay or failure to process your Order or deliver Goods due to inaccurate incomplete details provided in an Order,
except to the extent that such Liabilities were caused by our gross negligence or fraud.
- To the maximum extent permitted by law, each party’s total aggregate liability to the other arising out of or in connection with these Terms is limited to the amounts paid to A Thousand Lives in-store by the Customer for Goods, within the 6 months immediately preceding the event giving rise to the liability.
13. Force Majeure
- We will not be liable for any failure to perform, or any delay in the performance of obligations under these Terms due to any act, event, omission, or accident outside of our reasonable control, including strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack, threat of terrorist attack, war (whether declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, infection or other natural disaster, impossibility of use of transport or any type of transport or telecommunication network, any act, degree, legislation, regulation or restriction of government or any shipping, postal or other transport strike, failure or accident (Force Majeure Event).
- Our performance under any contract will be deemed to be suspected for the period of the Force Majeure Event. If the Force Majeure Event continues for longer than 30 days, we may cancel the contract by giving written notice under these Terms.
14. General
- Applicable laws and jurisdiction: These Terms and its subject matter, are governed and construed under the laws of Victoria, Australia. You irrevocably agree that the alternative dispute resolution mechanisms and/or courts of Victoria, Australia have exclusive jurisdiction over any action, dispute or claim that arises out of or in connection with these Terms or its subject matter, whether contractual or non-contractual.
- Inconsistency: If there is any inconsistency between the terms of these Online Shopping Terms and any other terms between you and us, these Online Shopping Terms will take precedence to the extent of the inconsistency, unless expressly stated otherwise.
- Severability: If any term in these Terms is invalid, void, illegal or unenforceable, it is deemed to be amended to the minimum extent necessary to make it valid, legal and enforceable. If such amendment is not possible, then the relevant term is severed from the Terms.
- Survival: Clauses 3.3 (Warranties), 5 (Prices and payment), 6 (Delivery), 7 (Returns), 11 (Indemnity), 12 (Limitation of liability), 13 (Force majeure) and 14 (General) survive termination of these Terms.