Legal

Cookies Policy

  1. INTRODUCTION
    1. This Cookies Policy applies between you and us, Julie Raynes trading as Luna-tic & Friends ABN 56 336 262 477 (“we”, “us”, or “our”).
    2. This Cookies Policy applies when you use our website accessible at www.lunaticandfriends.com (“Website”), and describes the types of cookies we use on our Website, how we use them, and how you can control them.
    3. A cookie is a small file that’s stored on your computer or device when you visit a website that uses cookies. We may use several different cookies on our Website, for the purposes of website functionality, performance, advertising, and social media or content cookies. Cookies enhance your experience on our Website, as it allows us to recognise you, remember your details and preferences (for example, your log-in details), and provide us with information on when you’ve visited and how you’ve interacted with our Website.
  2. TYPES OF COOKIES WE USE

    The information below sets out the type of cookies we may collect on our Website:

    Strictly Necessary Cookies
    Certain cookies we use are essential for the proper functioning of our Website, without which our Website won’t work or certain features won’t be accessible to you. For example, we may need to remember data you’ve inputted from one page to the next in a single session.

    Performance Cookies
    Performance cookies collect information about your use of the Website to help enhance the services we provide to you. We collect information about how you interact with the Website, including the pages you visit and the frequency of your visits. This information helps us identify patterns of usage on the site, collect analytics data, identify issues you may have had on the Website, make changes to enhance your browsing experience, and analyse if our marketing is effective and relevant to you.

    Functional Cookies
    We use functional cookies to improve your experience on our Website and make things more convenient for you. These cookies personalise your experience on our Website based on your preferences, by remembering your details such as your login details or region.

    Security cookies are a type of functional cookie, which assist with website and user account security. Load balancing session cookies are used for the duration of the session to distribute user requests across multiple servers to optimize website speed and capacity. We may also use user interface customization persistent cookies to store a user’s preferred version of our Website, such as font and language preferences.

    Advertising Cookies
    Advertising cookies are used on our Website to provide you with targeted marketing materials in accordance with your interests and preferences. These cookies remember that you visited our Website, and we may provide this information to third-parties. These cookies usually cannot personally identify you, so your anonymity is typically secured. These cookies ensure that advertisements displayed to you are things that may be of interest to you.

    Content Cookies
    Content cookies are placed by many social media plugins (like plugins that allow you to share content on Facebook), and other tools to enhance the content displayed on a website (for example, services that allow the playing of video files). We integrate these plugins into our Website to improve usability and customer experience. Some of these third party services may place cookies that are also used for the purposes of behavioural advertising or market analysis.

  3. HOW LONG WILL COOKIES REMAIN ON MY DEVICE?

    The amount of time that a cookie remains on your computer or device depends on the type of cookie – cookies are either “persistent” or “session” cookies. Persistent cookies last until they expire or are deleted, so they may remain on your device for as little as 10 minutes to several years. Session cookies last until you stop browsing, so just for the relevant session.

  4. HOW DO THIRD PARTIES USE COOKIES ON THE WEBSITE?

    We may use third party analytics cookies to collect information about your interaction with our Website. We also may use Google Analytics and other third-party analytics providers to help process data. To find out more, see How Google uses data when you use our partners’ sites or apps.

  5. HOW DO I CONTROL COOKIES?
    1. Usually, you can control and manage cookies through your browser. You can control whether or not your browser accepts cookies, how to filter and manage cookies, and how to delete cookies at the end of a session.
    2. If you remove or block cookies, this may negatively impact your experience of our Website and you may not be able to access all parts of our Website.
    3. Many third party advertising services allow you to opt out of their tracking systems, by giving you the opportunity to opt out by way of a pop-up before downloading cookies to your device.
  6. UPDATES TO THIS POLICY

    We may update this Cookies Policy from time to time. When we make changes, we’ll update the “Last updated” date at the top of the Cookies Policy and post it on our sites. We encourage you to check back periodically to review this Cookies Policy to ensure that you are aware of our current Cookies Policy.

Last updated 22 December 2021.

Privacy Policy

  1. INTRODUCTION

    This document sets out the privacy policy of Julie Raynes trading as Luna-tic & Friends ABN 56 336 262 477 (referred to in this privacy policy as “we”, “us”, or “our”). For the purposes of applicable data protection law, (in particular, the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and the UK Data Protection Act 2018), your data will be controlled by us.

    This privacy policy applies whenever we collect your personal information (or personal data). This includes between you, the visitor to this website (whether directly as our customer or as personnel of our customer), and us, the owner and provider of this website and also where we are directed by a third party to process your personal information. This privacy policy applies to our use of any and all data collected by us or provided by you in relation to your use of the website and the provision of our services to you.

    We take our privacy obligations seriously and we’ve created this privacy policy to explain how we collect and treat your personal information. Personal information is any information which could identify you.

  2. TYPES OF PERSONAL INFORMATION WE COLLECT
    1. name;
    2. mailing or street address;
    3. email address and other contact details;
    4. social media information;
    5. age;
    6. date of birth;
    7. credit card or other payment information;
    8. information about your business or personal circumstances;
    9. information in connection with client surveys, questionnaires and promotions;
    10. when we use analytical cookies, your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
    11. information about third parties; and
    12. any other information provided by you to us via this website, in the course of us providing services to you, or otherwise required by us or provided by you.
  3. HOW WE COLLECT PERSONAL INFORMATION
    1. We endeavour to ensure that information we collect is complete, accurate, accessible and not subject to unauthorised access.
    2. We may collect personal information either directly from you, or from third parties, including where you:
      1. contact us through on our website or mobile application;
      2. communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
      3. engage us to perform services to you;
      4. when you or your organisation offer to provide, or provides, services to us;
      5. interact with our website, mobile application, social applications, services, content and advertising; and
      6. invest in our business or enquire as to a potential purchase in our business.
    3. We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. For more information, please see our Cookie Policy.
  4. USE OF YOUR PERSONAL INFORMATION
    1. We collect and use personal information for the following purposes:
      1. to provide services or information to you;
      2. for record keeping and administrative purposes;
      3. to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
      4. where we have your consent, including to send you marketing and promotional messages and other information that may be of interest to you. In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt-out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
      5. for our legitimate interests including:
        1. to develop and carry out marketing activities and to conduct market research and analysis and develop statistics;
        2. to improve and optimise our service offering and customer experience;
        3. to send you administrative messages, reminders, notices, updates and other information requested by you;
        4. to consider an application of employment from you; and
        5. the delivery of our services.
    2. We may disclose your personal information to cloud-providers, delivery providers, marketing platforms (such as Mailchimp), contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
  5. SHARING YOUR DATA

    We may share your personal information in certain circumstances, as follows:

    1. where there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances;
    2. credit-checking agencies for credit control reasons;
    3. disclosures required by law or regulation; and
    4. service providers and other affiliated third parties to enable us to provide our services to you including other professional advisers such as accountants, disaster recovery service providers or auditors and/or overseas counsel.
  6. SECURITY

    We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.

  7. LINKS

    Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

  8. YOUR RIGHTS

    You have various rights with respect to our use of your personal information:

    1. Access: You have the right to obtain access to your information (if we’re processing it) and certain other information (similar to that provided in this privacy notice). This is so that you’re aware and can check that we’re using your information in accordance with data protection law.
    2. Be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this privacy policy.
    3. Rectification: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using our contact form to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
    4. Objecting: You also have the right to object to processing of your personal data in certain circumstances, including processing for direct marketing.
    5. Restricting: You have the right to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further.
    6. Erasure: You have the right to ask us to erase your personal data when the personal data is no longer necessary for the purposes for which it was collected, or when, among other things, your personal data have been unlawfully processed.
    7. Portability: You have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format.
    8. Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint with the applicable supervisory authority. In the UK, the supervisory authority is the Information Commissioner’s Office.
    9. Withdraw consent: If you have given your consent to anything we do with your personal information, you have the right to withdraw your consent at any time. This includes your right to withdraw consent to us using your personal information for marketing purposes.

    You may, at any time, exercise any of the above rights, by contacting our email address provided below.

  9. HOW LONG WE KEEP DATA
    1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will securely destroy your personal data in accordance with applicable laws and regulations.
    2. If you would like further information about our specific retention periods for your personal information, please contact us using our email address provided below.
  10. TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA (‘EEA’)
    1. To provide our services, we may transfer the personal information we collect to countries outside of the UK or EEA which do not provide the same level of data protection as the country in which you reside and are not recognised by the European Commission as providing an adequate level of data protection.
    2. When we do this, we will make sure that it is protected to the same extent as in the EEA and UK as we will put in place appropriate safeguards to protect your personal information, which may include standard contractual clauses.
    3. For more information, please contact us at our email address provided below.
  11. CONTACT US

    For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

    Email: luna@lunaticandfriends.com

    We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy. Where we make any significant changes, we will endeavour to notify you by email.

Last updated 22 December 2021.

Terms and Conditions

Welcome to Luna-tic & Friends!

In these terms, we are Julie Raynes trading as Luna-tic & Friends ABN 56 336 262 477, also referred to as “we”, “us”, or “our”.

And you are you!

What are these terms about?

These terms apply when you use this website, being www.lunaticandfriends.com and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase our eCards (“Products”) or a Membership with us (“Membership”) through this Website.

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand. Those parts are:

  • Part A: Terms for when you buy Products or a Membership (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website, purchase any Products or a Membership, unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products and/or Membership. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website, purchase Products or a Membership. You can check the date at the top of this page to see when we last updated these terms.

 

Part A: For When You Buy Products Or Subscribe

  1. SUBMITTING AN ORDER
    1. By submitting an order for purchase of a Product or a Membership using the Website’s functionality (Order) you represent and warrant that:
      1. you intend to place a binding order to purchase the Products or Membership (as applicable) on the basis of the Order;
      2. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
      3. you are authorised to use the debit or credit card you provide with your Order.
    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered, or the inclusions applicable to your Membership Tier (defined in clause 10.2) as set out on our Website, in exchange for your payment of the total amount listed upon checkout.
    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.
  2. ACCOUNTS AND CHECKOUT
    1. To submit an Order, you may be required to sign-up, register and receive an account through the Website (Account).
    2. You warrant that any information you provide to us in the course of completing the Account registration process and during the checkout process (whether your Order is submitted with an Account or as a guest) will always be accurate, honest, correct and up-to-date, and you will not submit any fraudulent email addresses for any purpose.
    3. You agree that you are solely responsible for maintaining the confidentiality and security of your Account information and your password.
    4. You agree to notify us if you detect any unusual activity on your Account as soon as you become aware of it.
    5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
    6. If you are subscribed to a Membership, you must log in to your Account to use the functionality of your Membership, including to deliver a Product.
  3. PRODUCTS
    1. We may offer you design tools to add text or customise the text in the Products, or add a company logo to the Products (but only if such function is included in your Membership Tier) (collectively, Your Content).
    2. Before you finalise and make a payment, we will provide you with a preview of the Product (Preview). If you are completely satisfied with the Product, you may proceed to payment.
    3. You acknowledge and agree that:
      1. due to the nature of the Product as an eCard, the Product will be delivered directly to the email address for the intended recipient/s as specified in your Order (Recipient) and you will not receive a copy of the Product;
      2. we may require you to provide your name, email address and other information specified by us from time to time to proceed with customisation of the Product;
      3. you warrant that any contact details that you provide for the Recipient are accurate and honest, and are not your own;
      4. Your Content and all the information in your Order, including the details of the Recipient and the scheduled time at which the Recipient is to receive the Product, is accurate, adequate and complete;
      5. Your Content is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
    4. Once payment has been made, your Order is finalised and cannot be modified.
    5. We will endeavour to ensure that the Products provided will be substantially the same as the Preview as displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
    6. You grant us a non-exclusive, royalty free, transferable, irrevocable, worldwide licence to use, reproduce and adapt the intellectual property rights in Your Content for the purpose of enabling us or any of our third party suppliers to provide you with Products (Purpose).
    7. Any personal information that is contained within Your Content will be dealt with in accordance with our Privacy Policy, accessible here.
    8. You acknowledge that some email servers may have security settings that may affect your ability to receive or view emails or the content within those emails. If you order a Product but do not receive an email from us, or you or the Recipient are having trouble opening an email or viewing the content of an email (including the Product), please first check your email and security settings, and encourage the Recipient to check their email and security settings. If you or the Recipient cannot resolve the issue, please contact us using the contact details or form provided on our Website.
  4. PAYMENT
    • 4.1 FEES

      Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order. All prices are subject to change prior to you completing an Order without notice.

    • 4.2 CARD SURCHARGES

      We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

    • 4.3 ONLINE PAYMENT PARTNER

      We may use third-party payment providers (Payment Providers) to collect payments for an Order, such as Stripe and PayPal. 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. You acknowledge and agree that you are responsible for ensuring that the currency in which you pay the amount is acceptable to our Payment Provider, and you release us from any loss and damage suffered by you in connection with payment in an incorrect currency.

    • 4.4 PRICING ERRORS

      In the event that we discover an error or inaccuracy in the price at which your Order was purchased, 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.

  5. CANCELLATIONS
    • 5.1 CANCELLATION BY US

      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.

    • 5.2 CANCELLATION BY YOU

      Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6 may apply.

  6. RETURNS AND EXCHANGES
    • 6.1 NO CHANGE OF MIND RETURNS

      We do not offer refunds for change of mind, other than in accordance with clause 6.2.

    • 6.2 FAULTY PRODUCTS

      The following process applies to any Product you believe to be faulty.

      1. If you believe your Product is faulty, including if the Product appears to be corrupted, please contact us using the details provided on our Website with a full description of the issue (including a copy of the Product and images and/or videos if requested).
      2. If we determine in our reasonable opinion that the Product is not faulty, we will refuse your return.
      3. If we determine that the Product is faulty, we will replace the Product or provide a refund. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
      4. If you fail to comply with the provisions of this clause 6.2 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the corrupted Product.
      5. Nothing in this clause 6 is intended to limit or otherwise affect the operation of any warranties which you may be entitled to or any of your rights which cannot be excluded under applicable Law.
    • 6.3 OTHER RETURNS

      We will provide a full refund of the price paid for a Product if we determine that:

      1. we cancelled your Order in accordance with clause 5.1;
      2. a Product you have Ordered was not received by you solely due to failure by us;
      3. a Product provided to you was not substantially the same as the Product you Ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
      4. a Product is faulty, in accordance with clause 6.2.
  7. THIRD PARTY TERMS
    1. You acknowledge and agree that the terms and conditions of third party suppliers of goods or services (Third Party Terms) may apply to the purchase of Products or a Membership from time to time.
    2. You agree to any Third Party Terms applicable to third party goods and services that are used in fulfilling an Order to you, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  8. DISCOUNT CODES
    1. We may provide promotional materials and discount codes offering a discount on the Products (Discounts). Discounts are valid for the fixed period of time stated in the Discount or on our Website. To use a Discount, you will need to enter its code at checkout.
    2. A Discount cannot be applied retrospectively to an Order. Discounts are non- transferrable and cannot be redeemed for cash or store credit.
    3. If any additional terms or conditions apply to the Discount, these will be set out on the Website.
  9. PUBLISHING CONTENT ONLINE AND ON SOCIAL MEDIA
    1. You may publish reviews, images or videos of the Products online or on social media (or both), and we ask that you please provide accreditation to “Luna-tic & Friends” by watermark, reference, tagging and/or hashtag.
    2. We reserve the right to require you to remove any images or videos that include the Products or despite this clause 9, remove any accreditation to us.
    3. You acknowledge that we may copy, publish, distribute, translate and otherwise use any reviews, images or videos of the Products on the Website and any of our social media platforms.
  10. MEMBERSHIP
    • 10.1 APPLICATION

      This clause 5 applies if your Order includes a Membership.

    • 10.2 YOUR MEMBERSHIP TIER
      1. Your Membership is for the tiered package as selected by you and agreed by us by means of the Website (Membership Tier).
      2. Your Membership includes the benefits and limitations set out on our Website for your Membership Tier and in your Order (as amended from time to time by notice to you).
      3. During the Membership period selected by you at the time of signing up to the Membership (Membership Period), we grant you a non-exclusive, non-transferable licence to use and access the website or platform to customise the Product (Platform) for the limited number of uses applicable to your Membership Tier.
      4. We may from time to time in its absolute discretion release enhancements to the Platform, where enhancements means any upgraded, improved, modified or new versions of the Platform. Any enhancements to the Platform will not limit or otherwise affect these terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
      5. Unless otherwise agreed in writing, we may not provide access, or suspend access, to any part of the Product until you have paid the relevant Membership Fees.
    • 10.3 UPGRADES AND DOWNGRADES TO YOUR MEMBERSHIP
      1. You may notify us that you would like to upgrade or downgrade your Membership Tier at any time.
      2. If you choose to upgrade your Membership, we will:
        1. take reasonable steps to provide you with access to the new Membership Tier; and
        2. upon providing such access, apply the new, relevant Membership Fees and charge you the new Membership Fee from that date.
      3. If you choose to downgrade your Membership, the new Membership Fees will kick in at the start of the next billing cycle, unless we notify you otherwise. We generally don’t pro-rate downgrades in between billing cycles, however we reserve the right to from time to time.
      4. If you choose to downgrade your Membership, you acknowledge and agree we are not liable, and you release us from all claims in relation to, any loss of content, features, or capacity, including any of Your Content.
    • 10.4 MEMBERSHIP FEES
      1. You must pay us the Membership fees in the amounts and at the times set out in the relevant Order, or as otherwise agreed in writing (Membership Fees).
      2. We reserve the right, from time to time, to change the Membership Fees. We will notify you in advance if we do this.
      3. Your Membership will continue for the Membership Period and continue to renew on an indefinite basis, unless you notify us at least 7 days of the expiry of the then-current billing cycle that you want to cancel your Membership from the commencement of the next billing period. Otherwise, we will continue to debit the Membership Fees from your account for the next billing cycle.
      4. By signing up for a recurring Membership, you acknowledge and agree that your Membership has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Membership. We may submit periodic charges for the Membership Fees without further authorisation from you, until you provide prior written notice that you have terminated this authorisation or wish to change your payment method (and receipt of this is confirmed by us). Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our Website.
    • 10.5 CANCELLATION OF YOUR MEMBERSHIP
      1. You may cancel your Membership by written notice to us at least 7 days before the end of the then current billing cycle. Your Membership will end in the then current billing cycle, and you will be charged for that billing cycle.
      2. Your licence to the Platform under these terms will last for the remainder of the then current billing cycle to ensure you have an opportunity to retrieve all data you may need from the Software. Once the then current billing cycles ends, we will have no responsibility to store or otherwise retain any data, and you release us in respect of any loss or damage which may arise out of us not retaining any data or other material beyond that point.
      3. Your access to the Platform will be revoked at the end of the relevant billing cycle in which you cancel your Membership by notice to us.
      4. We may cancel your Membership immediately at any time. If we cancel your Membership under this clause 10.5(d), in circumstances where you have not breached any of these terms, we will issue you with a refund of a pro rata amount of the Membership Fee, in proportion to the remainder of the period in which you will not have access to your Membership due to our cancellation.

Part B: For When You Browse This Website

  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 these terms and any applicable Laws.

  2. YOUR OBLIGATIONS

    You must not:

    1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our written consent;
    2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products or a Membership;
    3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
    4. 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;
    5. use the Website with the assistance of any automated scripting tool or software;
    6. act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
    7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
      1. gaining unauthorised access to Website accounts or data;
      2. scanning, probing or testing the Website for security vulnerabilities;
      3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
      4. instigate or participate in a denial-of-service attack against the Website.
  3. INFORMATION ON THE WEBSITE
    1. 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:
      1. the Website will be free from errors or defects (or both, as the case may be);
      2. the Website will be accessible at all times;
      3. messages sent through the Website will be delivered promptly, or delivered at all;
      4. information you receive or supply through the Website will be secure or confidential; and
      5. any information provided through the Website is accurate or true.
    2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product or descriptions, prices and other Website Content (defined in clause 19(a)).
  4. THIRD PARTY TERMS AND CONDITIONS
    1. You acknowledge and agree that third party terms and conditions (Third Party Terms) may apply.
    2. You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  5. LINKS TO OTHER WEBSITES
    1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  6. THIRD PARTY PLATFORM
    1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: WordPress Terms of Service.
    2. To the maximum extent permitted under applicable Law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  7. SECURITY

    We do 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. 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.

Part C: Liability And Other Legal Terms

  1. INTELLECTUAL PROPERTY
    1. We retain 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.
    2. 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 our written consent or as permitted by Law.
    3. We retain all intellectual property rights in any and all names on our Website and social media pages, including “Luna-tic & Friends” and “Luna the Major Mitchell Cockatoo”, and the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the products.
    4. In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  2. LIABILITY
    1. To the maximum extent permitted by applicable Law, we limit 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 this Website, these terms or any Products, a Membership or services provided by us, is limited to (in aggregate of all claims):
      1. where liability relates to a Product, the amount by you to us for the relevant Product giving rise to the liability;
      2. where liability relates to a Membership, the total Membership Fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability; or
      3. where liability does not relate to a Product or Membership (including where liability relates to use of the Website), then to $100.
    2. All other express or implied representations and warranties in relation to Products, Membership and the associated services performed by us are, to the maximum extent permitted by applicable Law, exclu
    3. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • 20.2 CONSEQUENTIAL LOSS

      To the maximum extent permitted by law, under no circumstances will we 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 Website, these terms or any Products, Membership or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

    • 20.3 INDEMNITY

      You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

      1. breach of any of these terms;
      2. use of the Website; or
      3. use of any Products, Membership or services provided by us.
  3. GENERAL
    • 21.1 GOVERNING LAW AND JURISDICTION

      This agreement is governed by the law applying in South Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of South Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. 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.

    • 21.2 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.

    • 21.3 SEVERANCE

      Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    • 21.4 JOINT AND SEVERAL LIABILITY

      An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    • 21.5 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.

    • 21.6 COSTS

      Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    • 21.7 ENTIRE AGREEMENT

      This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    • 21.8 INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed upon in writing;
      3. (gender) words indicating a gender includes the corresponding words of any other gender;
      4. (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;
      5. (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;
      6. (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;
      7. (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;
      8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  4. NOTICES
    1. A notice or other communication to a party under this agreement must be:
      1. in writing and in English; and
      2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
      1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
      2. when replied to by the other party, whichever is earlier.

Last updated 22 December 2021.