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Terms and Conditions

 LJ Hooker Liveability

1.         Acknowledgement and Acceptance

1.1      By using the LJ Hooker Liveability website (Website) you are indicating that you have read, understood and accept the legal provisions in these Terms and Conditions (Terms).

Website means the website owned and/or operated by LJ Hooker Liveability, known as www.liveability.com.au and any related social media sites.

1.2      The information contained in the LJ Hooker Liveability website is subject to change without notice. If you are a regular LJ Hooker Liveability visitor and/or member please check these Terms regularly.

2.         Using the  LJ Hooker Liveability website

All our users are responsible and legally liable for their activity, behaviour, use of and conduct on the LJ Hooker Liveability websites.

3.         Your obligations when using the LJ Hooker Liveability websites

3.1      Trade Marks and Copyright

(a)       “ LJ Hooker” is the trading name for LJ Hooker Pty Ltd. All references to  LJ Hooker include a reference to all of its related entities, authorised licensees and agents.

Liveability Trade Mark” means all trade marks (whether or not they are registered) and trading names belonging to LJ Hooker Liveability.

(b)       Under Australian and international law, the material on our website, including all pages, graphics and services, is subject to copyright. You must not:

(i)        unlawfully use any of our copyright material;

(ii)       pass off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site; or

(c)       use the  LJ Hooker Liveability Trade Mark or any other Trade Marks without our prior written consent.

3.2      Unacceptable content

(a)       To ensure that using the Website is a pleasant experience for everyone, you are prohibited from posting any material on the website that:

(i)        violates any laws;

(ii)       is threatening, abusive, defamatory, obscene or indecent;

(iii)      is  false or misleading;

(iv)       infringes any third-party rights including copyright, trade marks or other intellectual property rights;

(v)        distributes chain letters or pyramid schemes or spam users of the  Website;

(vi)       distributes viruses or any other technologies that may harm the  Website, the interests or property of  LJ Hooker users;

(vii)      imposes an unreasonable load on our infrastructure or interferes with the proper working of the  Website;

(viii)     copies, modifies, or distributes any other person’s content without their consent;

(ix)       uses any robot, spider, scraper or other automated means to access the  Website and collect content for any purpose without our express written permission;

(x)        harvests or otherwise collects information about others, including email addresses, without their consent;

(xi)       bypasses measures used to prevent or restrict access to the  Website

3.3      Objecting to content

You are solely responsible for any content that you create, transmit or display on the Website and for the consequences of your actions (including any loss or damage which LJ Hooker or any third party may suffer) by doing so.  However, LJ Hooker has the right (in its sole discretion) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the Website. If you find any content that is objectionable please contact the LJ Hooker Privacy Officer, whose details are listed at section 10.

3.4      User generated content

If you upload content, you agree to

(a)       include attributions including the author and source where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used;

(b)       indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trade marks or names of publication titles, unfair competition, trade practices, royalties,  violation of rights or privacy;

(c)       warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the LJ Hooker Liveability website is capable of a breach of the Australian Competition and Consumer Law Act 2010 or related legislation.

If you post materials to or links from the Website that infringe anythird party rights, you will indemnify LJ Hooker against any loss, liability, damage, cost (including LJ Hooker’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Website.

3.5      Copyright Assignment

You agree to assign copyright in all original content that you post on the Website to LJ Hooker and its partners, and agree to formally record such assignments when required.   LJ Hooker and its partners retain the copyright on all content, design and artwork produced for the Website.

3.6      Consent

If you upload photographs, audio or video recordings of yourself, you consent to give LJ Hooker and our partners the right to use these photographs and recordings in the production of the Website. You will further allow LJ Hooker and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.

3.7      Linking policy

You are welcome to put links on your site pointing to the Website so long as they abide by these Terms and Conditions.

3.8      Comments Policy

Here at LJ Hooker we want as many of you as possible to engage in vibrant and lively discussions. However, there are limits to acceptable communication and we require that discussion and comments posted by users on the Website are constructive and civilised.

4.         Copyright and Trade Mark Policy

LJ Hooker will respond to:

(a)       notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act); and

(b)       trade mark complaints.

LJ Hooker reserves the right to remove users and/or subscribers for copyright and trade mark infringements.

If you suspect that your copyright or trade marks have been infringed please contact our Privacy Officer using the details at section 10.

5.         Privacy

We collect personal information about you when you visit the Website and input information whether you are registering to use the site, enrolling or signing up for features and functions, participating on promotions, ordering or purchasing products or contributing to one of our forums. We may use the information that you provide for a number of purposes.  For further information please see our Privacy Policy.

6.         Purchase Terms – shopping online at Liveability

6.1      General

Once your order is placed, LJ Hooker will accept that order as final and changes or cancellations cannot be made to the order. By placing an order, you agree to all the terms and conditions as advised by LJ Hooker.

Should a product not be available at the time of placing your order, LJ Hooker reserves the right to contact you and advise you of your options.

If any item ordered is not in stock at the time of delivery to you, LJ Hooker may in its absolute discretion:

a.         deliver the balance of the order;

b.         forward the missing item when it comes into stock;

c.         supply an agreed substitute for the item; or

d.         refund you the price of the missing item.

LJ Hooker may at its absolute discretion, replace any component with a similar alternative.

6.2      Product information

All products listed on LJ Hooker are described to the best of our abilities and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of error.

6.3      Postage and Delivery

LJ Hooker will arrange to forward your goods using either Australia Post and/or a courier service. Postage fees will be calculated on total weight and need to be pre-paid and payable in addition to your order.

LJ Hooker is able to deliver to most areas in Australia. However, it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

We do not allow pick-ups from our warehouse.

You must allow 3 weeks shipping time within Australia from the date of payment, although in most cases delivery is much quicker than this. If you have not received your goods after this period, please email us at liveabilityshop@ljhooker.com.

All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.

6.4      Payment Conditions

a.         all orders must be pre-paid.

b.         all prices include GST (goods and services tax) and are quoted in Australian dollars.

c.         please note that we do not store your credit card information on our server.

d.         if the card payment is declined by your issuer for any reason, we cannot hold goods against your order.

e.         We accept all orders by payment with Visa, MasterCard and American Express. A surcharge of 1.5% is payable on all credit cards. Credit card payments will be processed on the day your order is placed. Goods will be forwarded to you once full payment has been cleared.

f.          The total amount of your order is to be paid at the time of ordering. LJ Hooker does not accept deposits or part payments for the purchase of any goods.

6.5      Pricing

Our prices quoted in our website are current, however they may vary from time to time as determined by LJ Hooker.

6.6      Claims and returns policy

LJ Hooker provides an undertaking to all our customers that goods leave our premises and/or the premises of our preferred suppliers in 100% perfect condition. Should those goods not be received by you in 100% perfect condition, then it will be considered the responsibility of the Carrier and should be pursued directly with them. Any claim of damage to or shortfall in products received must be reported to LJ Hooker in writing or by email within 48 hours after receipt of the goods. All returns must be pre-approved by telephoning LJ Hooker.

Once goods are dispatched, there will be strictly no refunds other than for defective merchandise.

Merchandise will not be accepted as returned if it is not in its original packaging and intact.

6.7      Refunds

We will offer a refund only if we are unable to replace the defective goods and if we are contacted within 48 hours from the invoice date. No refunds are offered after 48 hours.

No refunds are offered if you have changed your mind about the goods.

Delivery and shipping costs are non-refundable.

Refunds will be issued by credit to the nominated credit card.

Refunds will only be issued to the extent required by the Australian Consumer and Competition Law 2011 and the respective state Sale of Goods Act legislation.

6.8      Warranty

LJ Hooker is not responsible for nor does it give any warranty in respect of any materials or other supplies which give rise to:

a.         any damage suffered by any person using any goods supplied by LJ Hooker;

b.         any damage suffered by any person in the conduct of any activity relating to goods supplied by LJ Hooker;

c.         any loss or damage to any material and goods agreed to be supplied by LJ Hooker, which damage occurs in transit, during delivery or in any other manner after the material has left the offices of LJ Hooker.

Replacement goods will only be shipped after the faulty item has been received by LJ Hooker.

It is your responsibility to ensure that the goods are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the goods will meet your individual requirements. You acknowledge that the goods are standard and not made bespoke to fit any particular requirements that you may have.

Warranties (where applicable) vary from product to product, please refer to product description for warranty duration.

LJ Hooker is not liable under this warranty where a defect is caused by fair wear and tear, by careless or improper handling, non-adherence to operating instructions, improper installation or by other abuse or misuse caused by you or a third party.

LJ Hooker reserves the right to charge you for the cost of examining the goods if it is subsequently revealed that the goods are not defective.

LJ Hooker is not liable under this warranty where any defect, loss or damage is caused to the goods during delivery or shipping. Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at your expense.

Where a refund is authorised, there may be a delay of up to and possibly exceeding, 28 days from the authorisation date.

6.9      Indemnity

You hereby indemnify LJ Hooker against all claims, actions, suits, demands or costs made on or against LJ Hooker by any person arising from the supply or use of any goods and materials supplied by LJ Hooker.

LJ Hooker reserves all rights under trademark and copyright law.

6.10    Credit Card Fraud

LJ Hooker uses Paypal for third party credit card processing which uses Secure Sockets Layer (SSL) technology. This ensures the highest form of encryption possible and this protects your details as it travels over the internet.

The secure server software (SSL) encrypts all of your personal information, including credit card number, name and address, so that it cannot be read as the information travels over the Internet.

LJ Hooker will not enter into any transaction on suspicion of use of fraudulent or unauthorised credit card. This includes suspension and cancellation of the transaction and/or prevention of delivery of goods which are the subject of a suspected illegal transaction. LJ Hooker will take reasonable action to notify relevant authorities and provide all information pertaining to the transaction to facilitate prosecution of the offender.

6.11    Disclaimer

LJ Hooker does not take responsibility for direct or indirect damages and consequential losses suffered by use of fraudulent or unauthorised credit cards. LJ Hooker does not take responsibility for direct or indirect damages and consequential losses associated with damage to goods occurring during delivery.

By accepting these terms and conditions, you acknowledge that you have sufficient notice of this disclaimer and have entered into this transaction and accepted this disclaimer of your own free will.

7.         General Disclaimers

7.1      General

(a)       Neither LJ Hooker nor its partners, representatives and associated agents are liable to you or any third party for any loss in connection with the use of this site or any other linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

(b)       You acknowledge and agree that by using the Website you use the Website at your own risk.

(c)       Neither LJ Hooker nor its related companies represent or warrant:

(i)             that your use of the  Website will meet your requirements;

(ii)           that your use will be uninterrupted, timely, secure or free from error;

(iii)          the accuracy of any information obtained by you as a result of your use of the Website, and

(iv)          that defects in the operation or functionality of any part of the  Website will be corrected.

(d)       Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.

(e)       LJ Hooker excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.

8.         Third party websites

Our websites may link to third party websites which are not owned or operated by LJ Hooker Liveability. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.

9.         Choice of Law/Forum

These Terms are governed by and construed in accordance with the laws of the state of New South Wales, Australia.

10.      Contacting our Privacy Officer

Privacy officer

LJ Hooker Liveability

Address: 191 Botany Road, Alexandria NSW 2015

Telephone: 61 2 8303 7000

Email: liveability@ljhooker.com