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TERMS AND CONDITIONS

Last updated on [29th October 2018]

PART 1: BOX TERMS AND CONDITIONS

1. INTRODUCTION

1.1 APPLICATION OF THESE TERMS AND CONDITIONS

(a) These terms and conditions (Terms) are a legal document that governs:

(i) our supply of Boxes through the Website, as set out in Part 1; and

(ii) your use of the Luhobox website located at [www.luhobox.com.au], as set out in Part 2.

(b) Part 3 of these Terms sets out general legal information applicable to these Terms.

(c) These Terms apply when you use this Website and if you offer to purchase Boxes through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, LUHOBOX PTY. LTD. ABN 94 627 644 526 (Luhobox, our, we or us).

(d) A Box means an instrument containing a code, in either physical or electronic form, which is sold by us and entitles the holder of such a Box (Box Holder) to receive the Merchant Offering from a relevant Merchant, subject to activation of the code and the terms and conditions listed on the Box itself and/or on the deal page of the Website from which the Box was purchased and during the period of time stated on the Box (Redemption Period). 

(e) The Merchant Offering means the goods and/or services to be supplied and/or provided by the Merchant to the Box Holder, as specified on the Website and/or on the Box.

(f) The Merchant is a third party unrelated to Luhobox that sells, supplies and/or provides the Merchant Offering.

(g) Luhobox is not an agent of the Merchant nor does it sell, supply and/or provide the Merchant Offering. Luhobox only sells and supplies the Box.

1.2 UPDATES TO TERMS

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.


2. MERCHANT’S TERMS AND CONDITIONS

(a) You hereby acknowledge that the Merchant and not Luhobox:

(i) is the seller, supplier and/or provider of the Merchant Offering;

(ii) the party who enters into a contract with the Box Holder when the Box is activated; and

(iii) solely responsible for providing the Box Holder with the Merchant Offering and for the Merchant Offering itself.

(b) The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering.

(c) Luhobox does not promise the completeness, fitness for purpose or legality of the Merchant Offering. To the maximum extent permitted under applicable law (including the Competition and Consumer Act 2010 (Cth)), Luhobox is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.


3. PURCHASE OF A BOX

3.1 OFFER TO PURCHASE

By submitting an order for purchase of a Box using the Website’s functionality (Purchase Order) you represent and confirm that you:

(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(b) are authorised to use the debit or credit card included in your order.

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Box you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

3.2 CANCELLATIONS BY LUHOBOX

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

3.3 PAYMENT

(a) (Payment obligations) Unless otherwise agreed in writing:

(i) if Luhobox issues an invoice to you, payment must be made by the time specified in such invoice;

(ii) in all other circumstances, you must pay for any Box on or prior to Luhobox dispatching the Box for delivery; and

(iii) you must not set off any money alleged to be owing by Luhobox against money due by you to Luhobox.

(b) (GST) Unless otherwise indicated, amounts stated on the Website include GST.

(c) (Card and PayPal surcharges) Luhobox reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club) or PayPal.

(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Boxes. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

3.4 PRICING ERRORS

In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3.5 INFORMATION ERRORS

(a) Luhobox endeavours to ensure that the descriptions and specifications in relation to the experiences on its Website are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by the Merchants. As such Luhobox does not guarantee that those descriptions and specifications are accurate or free from errors or omissions. Luhobox reserves the right to make any necessary corrections to the descriptions or specifications without notice.

(b) To the extent permitted by law, any performance data provided by Luhobox or a Merchant is an estimate only and should be construed accordingly.


4. DELIVERY

4.1 FEES AND RESPONSIBILITIES

(a) For Boxes to be delivered, Luhobox may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Luhobox.

(b) It is your responsibility to provide the correct and accurate delivery details, whether delivery is to a physical or an electronic address.

4.2 SHIPPING

All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries or non-deliveries in circumstances beyond our control. Claims for loss of the Box in transit must be made against the carrier.

4.3 DELIVERY VIA EMAIL

Luhobox is not liable or responsible for any loss suffered as a result of a Box sent via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If you do not receive a Box that was meant to be sent to your email address, please contact us immediately at [support@luhobox.com.au].

4.4 TITLE AND RISK

(Title) Until the price of Boxes is paid in full, title in those Boxes is retained by Luhobox.

(Risk) Risk in the Boxes will pass to you on delivery. Delivery must not be refused by you.

4.5 CUSTOMS AND DUTIES

Luhobox reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.


5. BOX USE

5.1 ACTIVATION

(a) You are responsible for activating the Box during the Redemption Period.

(b) Any attempt to activate a Box contrary to these Terms may render a Box void, at Luhobox's discretion.

(c) You acknowledge that upon activation, we will pass on your details to the Merchant to enable you to enjoy the Merchant offer.

(d) Once you activate the Box, you expressly request that the Merchant Offering is provided to you and the Merchant may ask you to agree to its terms and conditions prior to confirming your booking.

5.2 CONDITIONS OF USE

(a) Unless expressly stated otherwise:

(i) the Box can only be activated once;

(ii) the Box is valid for one person only (however, the Merchant Offering may be valid for more than one person); and

(iii) you must follow the activation instructions associated with the Box.

(b) Unless expressly stated otherwise, the Box does not entitle the Box Holder to receive the Merchant Offering at a specific time. You are strongly recommended to contact the Merchant at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Merchant Offering. Luhobox cannot influence the supply and/or provision of the Merchant Offering.

(c) Boxes can only be activated in their entirety. Boxes may not be activated partially or incrementally. If, for whatever reason, you activate the Box with a Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Box for the difference between the original (un-discounted) value and the activated value.

(d) On behalf of the Merchant, Luhobox may collect booking fees or other costs associated with the purchase and/or redemption of a Box. All such fees or costs (if any) will be communicated to you before you purchase the Box.

(e) In the event that a Merchant cannot supply and/or provide the Merchant Offering as described, for unforeseen reasons, Luhobox will notify you as soon as possible by email. Luhobox will offer you either a new Box with comparable benefits (if available) or the repayment of the purchase price of the Box, or by issuing Luhobox credit.

(f) Any purchase of a Box is for your non-commercial, personal use only (although you may give the Box to someone else for their non-commercial, personal use).

(g) The commercial trade of a Box is prohibited.

(h) The reproduction of a Box is prohibited.

(i) You promise not to provide false data, including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Box, or allow anyone else to do so.

5.3 REDEMPTION PERIOD AND EXTENSIONS

(a) Generally, the Redemption Period of any Box will be 36 months but please check the details stated on your Box, as the Redemption Period may differ.

(b) If the Redemption Period of your Box hasn't expired, you can extend it for an additional [30] days and you may be required to pay an additional fee that reflects any increased rates of our providers.

(c) If the Redemption Period of your Box has been expired for [7] days or less, you can extend the value of your voucher for an additional [30] days for a fee of [$20]. Please note: if the experience voucher has increased in price, you will be required to pay the additional amount at point of extension.

(d) For any extension, please contact us at [support@luhobox.com.au].

5.4 LOST BOXES

(a) Your Box is solely your responsibility. Neither Luhobox nor the Merchant are responsible for lost or stolen Boxes or for retrieving Box reference numbers or Box security codes.

(b) Luhobox may, at its sole discretion, replace a lost Box where the following conditions are satisfied:

(i) the Box is still valid and has not yet been activated;

(ii) Proof of purchase is provided in the form of either an order number or the purchaser's full name and purchaser's email address; and

(iii) Luhobox can correctly verify you as the original purchaser.

5.5 EXPIRY

Subject to clause 5.3,

(a) you cannot extend, pause, postpone or restart the Redemption Period of a Box for any reason; and

(b) if you do not activate the Box within the Redemption Period, the Box expires automatically and cannot be activated anymore.


6. EXCHANGES AND REFUNDS

6.1 EXCHANGES

(a) Exchanges may be made:

(i) within 14 days of the date of purchase of a Box only for Boxes that have not been activated; or

(ii) if the Merchant ceases to exist at the time the Merchant Offering was meant to be provided.

(b) Any Box exchanged in accordance with clause 6.1(a)(i) will maintain the Redemption Period of the original Box.

(c) If a Box is exchanged for an experience of a lesser value, the remaining balance will not be refunded. If a Box is exchanged for an experience of a higher value, you will be required to pay the difference.

6.2 REFUNDS

(a) Generally, we do not accept change of mind returns. However, we may consider accepting returns in our absolute discretion, if the request for a cancellation is made within 14 days of the date of purchase of a Box.

(b) Once you activate a Box, any cancellation will be subject to the terms and conditions of the Merchant, including cancellation fees.


7. ISSUES WITH EXPERIENCE

If the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not Luhobox, is responsible for the supply and/or provision of the Merchant Offering, Luhobox only sells and supplies the Box. However, if you and the Merchant cannot agree on how to resolve the complaint, Luhobox may, upon your request, try to help resolve the issue between you and the Merchant.


PART 2: WEBSITE TERMS AND CONDITIONS

8. USE OF THE WEBSITE

8.1 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

8.2 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Luhobox;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Boxes;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Luhobox, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;

(iv) instigate or participate in a denial-of-service attack against the Website.

8.3 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(c) messages sent through the Website will be delivered promptly, or delivered at all;

(d) information you receive or supply through the Website will be secure or confidential; or

(e) any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

8.4 INTELLECTUAL PROPERTY

(a) Luhobox retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Luhobox or as permitted by law.

8.5 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility.

(b) We have no control over the content of the linked websites and we are not responsible for it.

(c) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

8.6 SECURITY

Luhobox does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8.7 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

8.8 PRIVACY

You agree to be bound by the clauses outlined in Luhobox’s Privacy Policy, which can be found https://luhobox.com.au/privacy


PART 3: GENERAL

9. LIABILITY

(a) (Limitation of liability) To the maximum extent permitted by applicable law, Luhobox excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any goods or services provided by Luhobox.

All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Luhobox’s liability for breach of that non-excludable condition, warranty or guarantee will be limited to a replacement of the Box or a refund of the value of the Box.

(b) (Indemnity) Suppliers agree to indemnify Luhobox and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of any goods or services provided by Luhobox.

(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Luhobox be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by Luhobox.

9.1 INSURANCE

Some of the experiences that we promote as an agent are considered dangerous. Prior to ordering or participating in any experience, you should be aware of the risks involved. Luhobox can provide further information if you are in any doubt about any experience. Experience providers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. We make no warranty or representation about their business or services whatsoever (subject to your statutory consumer guarantee rights. The responsibility rests with you to make independent inquiries with the experience provider or other third-parties as to the need to acquire your own insurance cover.


10. GENERAL

10.1 (Governing law) This agreement is governed by the law applying in New South Wales.

10.2 (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

10.3 (Amendments) These Terms may only be amended by Luhobox in accordance with the Terms.

10.4 (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

10.5 (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

10.6 (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

10.7 (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.


11. INTERPRETATION AND DEFINITIONS

11.1 INTERPRETATION

In these Terms, the following rules of interpretation apply:

(a) (singular and plural) words in the singular includes the plural (and vice versa), unless otherwise stated;

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.



     

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