Terms of service

Important Terms

The LiberNovo Australia site is provided for use by individuals at no charge, and as a result, while we endeavour to provide a convenient and functional website, LiberNovo Australia excludes and disclaims to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law. See the section 11 of the Terms for more details.

Overview

This website is operated by LiberNovo Authorised Australia Exclusive Distributor TFIVE PTY LTD (“we”, “us”, “our” and “LiberNovo Australia”). These Terms govern your use of our website and also apply to the sale of any products and/or services.

Please read these Terms of Service carefully before using our website or purchasing any products or services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. If any new terms that we offer our products and services under are materially different to these Terms, we will use our reasonable efforts to notify you of the changes to the Terms. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Product or Services

1. All orders on our website are subject to our acceptance of your order and availability of products. We reserve the right to refuse any order you place with us.
2. Once you have decided on a product and/or service and have placed an order to purchase a product and/or service via our website, you are making an offer to purchase the product and/or service from us. Your order will be accepted once we have issued an email acknowledgement confirming your order and once payment has been approved via our payments provider. The contract between you and us will relate only to those goods and/or services notified in the email acknowledgement of order.
3. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (https://libernovo.au/policies/refund-policy).
4. Please see our shipping policy (https://libernovo.au/policies/shipping-policy) for information regarding the delivery of our products and services.
5. We may not accept your order if we are unable to obtain authorisation for payment or the item is out of stock or has been withdrawn.
6. We reserve the right, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.

Section 2 - Modifications to the Service and Prices

1. Prices for our products and services displayed on our site are subject to change without notice.
2. We reserve the right at any time to modify or discontinue any of our products or services (or any part or content thereof) without notice at any time, without liability to you.

Section 3 - Billing and Account Information 

1. We may cancel an order that we have already accepted, if we suspect that you are acting fraudulently or if you are in breach of any of these Terms.
2. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail 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.
3. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
4. You must only use your own credit or debit card or a credit or debit card that you have been authorised to use specifically for the purchase of the relevant product. All credit and debit cards are subject to authorisation and validation checks by the card issuer.
5. All amounts on the site are stated in Australian dollars. All purchase prices include GST (where applicable).

Secition 4 – Licence to Use Content on the Website 

1. The site and all related content is subject to copyright and other intellectual property rights. You acknowledge that the trademarks and logos displayed on our site are the property of LiberNovo Australia and you must not use any of the marks without our prior written permission.
2. We grant you a limited, non-transferable licence to access and use our site solely for your personal and non-commercial use in accordance with these Terms and any applicable laws.
3. We (or our licensors) retain all right, title, and interest in and to our site and all related content, and nothing you do on or in relation to our site or any of the related content will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), grant you any licence to exercise any intellectual property rights unless this is expressly stated.
4. You must not reprint or electronically reproduce this site or any related content in whole or in part, without our prior written permission.
5. Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of our site without notice.

Section 5 - Optional Tools

1. We may provide you with access to third-party tools through Shopify Inc. over which we neither monitor nor have any control nor input.
2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 6 - Third-party Links

1. Certain content, products and services available via our site may include materials from third-parties.
2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 7 - User comments, Feedback and other Submissions

1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove user-generated content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 8 - Personal Information

Please see our Privacy Policy (https://libernovo.au/policies/privacy-policy) for more information on how we collect and handle personal information.

Section 9 - Errors, Inaccuracies and Omissions

1. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
2. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
4. To the maximum extent permitted by law, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
5. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site unless required by law. If we reasonably consider that changes to our site have a detrimental impact on users, we will use our reasonable efforts to notify you of those changes.

Section 10 - Prohibited Uses

1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
1. for any purpose that is unlawful or prohibited by these Terms;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false, misleading, inaccurate or incomplete information;
7. to upload or transmit viruses, Trojans, spyware, corrupt files, carry out denial of service attacks or any other type of malicious code or other similar software or programs that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others or use any software or technologies to scrape information from our site;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
2. If you do not comply with the above restrictions, we may terminate your use of the site and we may also report any unlawful behaviour to law enforcement. You also agree to indemnify us, our affiliates and our respective directors, officers, employees and agents against any losses, liabilities, claims and expenses (including legal fees) that arise out of or as a result of your unauthorised use or misuse of our site.

Section 11 - Disclaimer of Warranties; Limitation of Liability

1. We provide the site on an "as is" and “as available” basis. We exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties or terms and conditions of any kind, whether express or implied or imposed by any applicable law.
2. In particular, and without limiting the above:
1. while we endeavour to provide a convenient and functional site, we do not guarantee that your requirements will be met, that the site is accurate or complete, or that your use of the site will be uninterrupted, secure or error free or that the site is free of viruses or other harmful components; and
2. you acknowledge that there may be times when the site may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way.
3. If any guarantee, term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and we are able to limit your remedy for a breach of such a Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our sole option:
1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
4. Nothing in these Terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (including under the Australian Consumer Law).
5. To the maximum extent permitted by applicable law, in no circumstances are we liable, to you for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Section 12 - Indemnification

1. You agree to indemnify, hold harmless and at LiberNovo Australia’s option, defend LiberNovo Australia and our parent, subsidiaries, officers, directors, and employees, from and against any claim or demand, including reasonable and actual attorneys’ fees, made by any third-party due to or arising out of your unauthorised use or misuse of our website or e-commerce platform.

Section 13 - Termination

1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 14 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Section 15 – General 

1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
4. Your purchase of the products and/or services is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.
5. Questions about the Terms of Service should be sent to us at support@libernovo.au.

 

Business and contact information

The LiberNovo Australia online store is operated by LiberNovo Authorised Australia Exclusive Distributor TFIVE PTY LTD.

TFIVE PTY LTD
ABN: 76 633 895 226
5 Talavera Road, Macquarie Park, NSW 2113, Australia
Email: support@libernovo.au