TERMS AND CONDITIONS
The website “www.littledarlingskitchen.com.au” and the “Little Darlings Kitchen” business are owned and operated by LITTLE DARLINGS KITCHEN PTY LTD ABN 36 618 753 727 trading as LITTLE DARLINGS KITCHEN® (”LDK”, “we” or “us”).
Terms and Conditions
1. Your Acceptance
A. These are the terms and conditions on which will supply to you our products (“Products”) as listed on the LDK website “www.littledarlingskitchen.com.au” (“LDK Website”).
2. Terms and Conditions to apply to all users of the LDK Website and all customers of LDK
A. These Terms and Conditions apply to all customers of LDK and all users of the LDK Website, including but not limited to users that place orders on the LDK Website, or contribute any content (including testimonials and reviews) via the LDK Website.
B. By using and/or visiting the LDK Website, you affirm that you are 18 years of age or older. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are aged 18 years or over, as the LDK Website is not intended for people under 18. If you are under 18 years of age, then please do not use the LDK Website.
3. Availability of our service
A. The LDK Website is only intended for use by people residing in Australia.
B. In making our Products available via the LDK Website, we:
i. do not guarantee that the LDK Website and online ordering system will be error-free or that any errors will be corrected;
ii. do not guarantee that the LDK Website or online ordering system will be free from viruses or other harmful components; and
iii. reserve the right to alter the agreed price if an incorrect price has been caused by a software fault, error or malicious attack.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure.
Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
4. General Use of the LDK Website — Permissions and Restrictions
A. You may be required to create an account (“User Account”) before you can access certain parts of the LDK Website, such as purchasing functionality. You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. LDK reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information, including relating to anyone submitting User Submissions which violates any law.
B. LDK hereby grants you permission to access and use the LDK Website as set forth in these Terms and Conditions, provided that:
i) You agree not to distribute in any medium any part of the LDK Website, including but not limited to LDK Content or User Submissions (all terms as defined below), without LDK’s prior written authorization.
ii) You agree not to access User Submissions or LDK Content through any technology or means other than the provided functionality of the LDK Website itself, or other explicitly authorized means LDK may designate.
iii) You agree not to use the LDK Website for any commercial use, without the prior written authorization of LDK. Prohibited commercial uses include (but are not limited to) any of the following actions taken without LDK’s express approval:
• sale of access to the LDK Website or related services on another website;
• use of the LDK Website or related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the LDK Website or any third-party website, targeted to the content of specific User Submissions or LDK Content; and
• any use of the LDK Website or related services that LDK finds, in its sole discretion, to use LDK’s resources or User Submissions with the effect of competing with or displacing the market for LDK, the LDK Content or User Submissions.
iv) You agree not to use or launch any automated system (including but not limited to “robots,” “spiders,” or “offline readers”), that access the LDK Website in a manner that sends more request messages to the LDK servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the LDK Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the LDK Website with respect to their User Submissions.
v) In your use of the LDK Website, you will otherwise comply with these Terms and Conditions, and all applicable local, national, and international laws and regulations.
vi) LDK reserves the right to discontinue any aspect of the LDK Website at any time without notification.
5. Warranties as to your status
A. By placing an order through the LDK Website, you warrant that:
I. you are legally capable of entering into a binding contract;
II. you are aged 18 years or above; and
III. you are present in Australia.
6. LDK Subscription
A. LDK offer Products on an ongoing subscription basis (“LDK Subscription”).
B. All LDK Subscription orders are subject to acceptance by us. We will confirm such acceptance to you by sending you a confirmation email. The contract between us (“Contract”) will only be formed when we send you the confirmation email.
C. LDK Subscription cancellation and adjustment requests must be received by us through one of our stipulated contact methods i.e. email email@example.com.
D. By subscribing to the LDK Subscription, you agree to pay the recurring subscription fee based on your selected and detailed in your User Account of for an indefinite time until cancelled by you or us, as laid out in these terms. Payments for ongoing orders are taken up to seven days before the commencement of the order cycle. Once the order is placed, the credit card on file is charged at any time up to each Wednesday 9:00pm and it is your responsibility to ensure that sufficient funds are available at the time of payment processing. You can cancel or change your subscription at any time before the cut off period. The cut off period to cancel or edit your order is five full days prior to delivery. For example, if the first delivery of your order cycle is a Sunday, then your cancellation or changes must be made by 9:00pm on Wednesday of the week prior.
E. You will not be charged for any cancellation prior to the cut off, but cancellation of an order after the cut off time will result in a full charge. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
F. You can cancel or change your subscription by logging in to the User Account.
G. We reserve the right at our absolute discretion at any time and without prior notice to refuse delivery, terminate service, cancel your subscription or cancel your order(s) without giving any reasons for our decision.
H.As part of your subscription to the LDK Website, you have the option to select Products to be delivered on a regular basis. If you do not like this selection it is your obligation to select which Products you would like for the next order. If you fail to make a selection we will make an automatic selection of the closest products based on your preferences, or previous orders. If we cannot provide you with the Products which you have ordered, we will use our best endeavours to contact you so that you can select an alternative Product. If we are unable to make contact with you, we reserve the right to substitute your meal choice for an alternative or not deliver to you.
I. Direct debit payments are managed by Stripe Payment (“Stripe”). Stripe accepts Visa, Mastercard, American Express and some debit cards. Should you fail a payment you will be notified by email and text message and Stripe will reprocess your account 48 hours after the initial failed payment. Stripe will attempt to collect failed payments three (3) times, following which your account will be lodged with a debt collector. You as the account holder will be liable for any additional costs associated with enlisting a debt collector. In the event Stripe cannot charge your account, LDK reserves the right to discontinue or terminate your Membership.
J. LDK reserves the right to increase LDK Subscription charges and fees, or to institute new LDK Subscription charges or fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as LDK may deem appropriate from time to time (including electronic mail, text message or conventional mail).
7. Vouchers, discounts and gift cards
A. We may offer gift cards, discount codes, discount promotions and other types of vouchers (“Voucher”) to be applied towards the purchase of our Products. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and you when you redeem the Voucher by purchasing our Products.
B. Except with our prior written approval, any Voucher may only be used once by you and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system. Vouchers can only be applied once per household and only one Voucher can be applied per order.
C. Vouchers may have an expiry date beyond which they can no longer be used, and we reserve the right at our absolute discretion to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
D. Vouchers may only be redeemed through the LDK Website. To use your Voucher, enter its unique code at the online checkout. Use of such a code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
E. Any discounts attached to Vouchers apply to the price of our Products only and not to delivery charges (if any), which will be chargeable at normal rates.
F. We reserve the right to exclude the use of Vouchers towards the purchase of certain specified Products. We may also apply maximum limits to the value of Vouchers and the maximum discount which can be achieved through use of a Voucher.
G.Vouchers cannot be exchanged or refunded for cash. If a Voucher expires, no credit or change will be given for any unused portion of the Voucher. We do not accept liability for any Voucher which is lost, stolen or damaged.
8. Risk, passing of ownership, storage, preparation and cooking
A. The Products will be at your risk from the time of delivery.
B. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
C. You are responsible for opening and inspecting the Products upon delivery and then storing them correctly (for example, in the fridge). You are also responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of your incorrect storage, preparation or cooking of our Products.
9. Allergies and other reactions to food
A. You are responsible for checking our packaging and the LDK Website to ensure that a Product does not contain any ingredient which may cause you, or any person you intend to provide the Product to, to experience an allergy or other adverse reaction. If you are not sure, please contact us at firstname.lastname@example.org
B. The packaging for our Products is labelled to show standard allergen advice. If you suffer from severe allergic reactions or other adverse reactions to food, you should contact us before placing an order.
10. Payment terms, delivery and returns
A. Payment for all Products must be by credit card, debit card or any other payment method listed on the checkout page of the LDK Website.
B. All Products advertised on the LDK Website are subject to availability.
C. The price of our Products and our delivery charges are as quoted on the LDK Website from time to time, except in cases of obvious error. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a confirmation email. Product prices and delivery charges are inclusive of GST.
D. Any order placed on the LDK Website is an offer by you to purchase a particular Product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the Product(s) ordered.
E. Risk of loss and title for the Product(s) pass to you upon dispatch from our warehouse to the delivery carrier.
F. Your order will be fulfilled by the delivery date set out in the confirmation email or User Account, unless there are exceptional circumstances.
G. We deliver to your residential address. We will only deliver to commercial, industrial or other non-residential properties when prior approval is sought in writing from us, but we reserve the right at our absolute discretion to reject such requests.
H. We may require the person accepting delivery of the Products to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age.
I. In using our LDK Subscription delivery service, you:
i. certify that the address given is genuine and accurate, and that drop locations are under cover and easily accessible by our drivers between the hours of 0500 and 1800;
ii. acknowledge that if your property is inaccessible by our drivers, or no special delivery instructions are left, you may be charged an additional delivery fee for a repeated delivery attempt;
iii. acknowledge that we reserve the right to charge a fee for our delivery service of any Product; and
iv. we will aim to deliver in accordance with the date set out in the confirmation email or User Account. However, if an event occurs that is beyond our control (including but not limited to shortfall of supplies, strikes, industrial disputes), then we may not be able to do so and will not be liable to you or any other person for any such delay. In this situation, we will endeavour to provide you with notice of the delay as soon as reasonably possible.
J. You should inspect the Product(s) immediately upon receipt at your nominated delivery address and we request that you notify LDK of any shortfall, damage or incorrect orders within a reasonable period of time.
K. LDK will accept Product returns and provide you with a refund or replacement where the Product is:
● not of a reasonably acceptable quality; or
● otherwise in breach of your statutory rights.
Where there is a failure to comply (as listed above) , depending on the circumstances, we may either, in our sole discretion, provide a full or partial refund of the purchase price, or provide you with a discount to be applied to future orders or provide a replacement. Please see [www.littledarlingskitchen.com.au] for the full LDK Refund and Returns Policy including the returns process. Nothing in these Terms and Conditions or the Refund and Returns Policy reduces or limits your rights under the Australian Consumer Law. Returns will not be accepted by LDK if the fault or damage to the Product has been caused by accident or by misuse by either you or a third party or because the Product has been modified or tampered with in any way by you or a third party.
L. LDK does not replace or refund for Products as a result of a change of mind, so please choose carefully.
11. Your Use of LDK Content and User Submissions on the LDK Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the LDK Website.
A. Excluding any User Submissions, all content on the LDK Website, including without limitation:
i. the registered and unregistered trademarks, service marks and logos contained therein (“LDK Trade Marks”);
ii. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property;
(collectively, the “LDK Content”), are owned by or licensed to LDK, and are subject to copyright and other intellectual property rights under the law. LDK Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LDK reserves all rights not expressly granted in and to the LDK Website and the LDK Content.
B. You may access LDK Content and User Submissions solely:
i. for your information and personal use; and
ii. as intended through the normal functionality of the LDK Website.
C. User Submissions and the LDK Website are made available “as is”.
D. You may access LDK Content, User Submissions and other content only as permitted under these Terms and Conditions.
E. You agree to not engage in the use, copying, or distribution of any of the LDK Content or User Submissions other than expressly permitted herein, including any use, copying, or distribution of the LDK Content or User Submissions obtained through the LDK Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the LDK Website or features that prevent or restrict use or copying of any LDK Content or User Submissions or enforce limitations on use of the LDK Website or the LDK Content or User Submissions therein.
G. You understand that when using the LDK Website, you will be exposed to User Submissions from a variety of sources, and that LDK is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions and LDK Content that may be inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LDK with respect thereto, and agree to indemnify and hold LDK, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the LDK Website.
12. User Submissions and User Conduct
A. As an LDK Website user you may submit content from time to time through the functionality of the LDK Website, including but not limited to by providing testimonials or reviews (“User Submissions”). You understand that whether or not such User Submissions are published on the LDK Website, LDK does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them, and LDK will have no liability in this regard, to the full extent permitted by law. In connection with User Submissions, you affirm, represent, and/or warrant that:
i. you own or have the necessary licences, rights, consents, and permissions to use and authorize LDK to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the LDK Website and these Terms and Conditions;
ii. you will not submit any User Submissions that are unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that LDK may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
iii. you will obtain prior consent from any person or owners of any property that may appear in your User Submission;
iv. to the extent applicable to your User Submission, your User Submission will reflect your actual, current and valid views and opinions at the time of submission and will not amount to a false testimonial;
v. your User Submission shall not contain viruses or cause injury or harm to any person or entity; and
vi. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to LDK, you hereby grant LDK a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the LDK Website and LDK’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the LDK Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the LDK Website a non-exclusive licence to access your User Submissions through the LDK Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the LDK Website and under these Terms and Conditions. The above licences granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the LDK Website. You understand and agree, however, that LDK may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. If you have any moral rights (or similar rights) in respect of User Submissions that you submit, you consent to LDK using the User Submissions from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution, however LDK will not make material alterations to any review or testimonial provided. Immediately on such moral rights beginning to exist, you waive your right to enforce those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Submissions that you submit, you must ensure that they agree to the above before you submit the User Submissions.
E. LDK does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LDK expressly disclaims any and all liability in connection with User Submissions. LDK does not permit copyright infringing activities or infringement of any other intellectual property rights on the LDK Website, and LDK will remove any User Submission if LDK is properly notified that such User Submission infringes on another’s intellectual property rights, or if LDK considers the content to be unsavoury or objectionable. LDK reserves the right to remove User Submissions without prior notice, at its absolute discretion.
13. Our warranties to you
We warrant to you that any Product purchased from us through the LDK Website will, on delivery:
a. conform with its description;
b. be of satisfactory quality or better; and
c.be reasonably fit for all the purposes for which products of that kind are commonly supplied.
14. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF LDK PRODUCTS AND SERVICES AND THE LDK WEBSITE SHALL BE AT YOUR SOLE RISK. NOTHING IN THESE TERMS AND CONDITIONS REDUCES OR LIMITS YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND SO ACCORDINGLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW, LDK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LDK WEBSITE AND YOUR USE THEREOF OR YOUR USE OF ANY LDK PRODUCTS AND SERVICES (i.e. LDK PRODUCTS OR SERVICES). ALSO TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT, WITHOUT LIMITATION, TO YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED, LDK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE LDK CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LDK WEBSITE AND THE LDK PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LDK WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LDK WEBSITE. LDK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LDK WEBSITE AND LDK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LDK DOES NOT WARRANT THAT THE LDK WEBSITE, OR THE SERVERS ON WHICH THE LDK WEBSITE ARE HOSTED, ARE FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, LDK IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS.
15. Limitation of Liability
NOTHING IN THESE TERMS AND CONDITIONS REDUCES OR LIMITS YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND SO ACCORDINGLY ONLY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LDK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LDK WEBSITE OR LDK’S PRODUCTS OR SERVICES OR RESULTING FROM THE INITIAL CREATION OF USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LDK WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LDK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF LDK, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW AND SUBJECT, WITHOUT LIMITATION, TO YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW THAT CANNOT BE EXCLUDED TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. FOR CLARITY, NOTHING IN THESE TERMS PURPORTS TO OR DOES LIMIT THE APPLICATION OF ANY STATUTORY CONSUMER WARRANTIES OR RIGHTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT LDK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
A. To the extent permitted by law and subject, without limitation, to your rights under the Australian Consumer Law that cannot be excluded, you agree to defend, indemnify and hold harmless LDK, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the LDK Website and the LDK products and services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the LDK Website.
B. In using the LDK Website you:
i. acknowledge that all online orders are treated as an express intention to purchase the nominated goods or services for the agreed online prices; and
ii. indemnify us from all claims relating to a failure of the online ordering system.
17. Sending notices
A. All notices which you give to us must be sent to LITTLE DARLINGS KITCHEN® at email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.
B. Notice will be deemed received and properly served:
i. immediately when posted on the LDK Website;
ii. 24 hours after an email is sent; or
iii. three days after the date any letter is posted.
C.In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified email address of the addressee.
18. Events beyond our control
A. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract where that failure or delay is caused by events outside of our reasonable control (“Force Majeure Event”).
B. A Force Majeure Event includes any act, event, accident or omission beyond our reasonable control and includes in particular (without limitation) the following:
i. industrial action;
ii. civil commotion, riot, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
iii. fire, explosion, storm, flood, earthquake, subsidence, epidemic, meteor impact or other natural disaster;
iv. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v. impossibility of the use of public or private telecommunications networks; and
vi. the acts, decrees, legislation, regulations or restrictions of any government or governmental authority.
C. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring an end to the Force Majeure Event or to find a solution by which our obligations under the Contract may be performed despite the prevailing Force Majeure Event.
These Terms and Conditions, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by LDK for reasonable business purposes without restriction.