Terms of service

Last updated: December 24, 2024

1. Introduction

Welcome to Lost Geometry! These Terms of Service ("Terms") govern your use of our website, lostgeometry.com.au (the "Site"), and any products or services offered through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.

2. Using Our Site

You must be at least 18 years old to use this Site. By using the Site, you represent and warrant that you are of legal age and have the authority to enter into these Terms.

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party.

3. Intellectual Property

All content included on the Site, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Lost Geometry or its content suppliers and protected by Australian and international copyright laws.

You may not reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, or otherwise use any of the content on the Site without our express written permission.

4. Products and Services

We strive to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.¹⁰

5. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted, or modified.

To the extent permitted by law, we provide our products and services with all the consumer guarantees under the ACL. Where a consumer guarantee applies and cannot be excluded, but we are able to limit your remedy for a breach of that guarantee, then our liability is limited to one or more of the following:

• 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; and
• in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

6. Orders and Payment

We reserve the right to refuse any order you place with us. 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.

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.

7. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Lost Geometry.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Lost Geometry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

8. Disclaimer of Warranties

The Site and all content and services provided on or through the Site are provided "as is" and "as available" withoutwarranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Lost Geometry, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Site or any content or services provided on or through the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Lost Geometry has been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify and hold harmless Lost Geometry, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, your user contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Site shall be settled amicably through mutual discussion. If the parties are unable to reach an amicable solution within [Number] days, the dispute shall be settled by [Specify dispute resolution method, e.g., mediation, arbitration] in accordance with the laws of Australia.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lost Geometry's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Entire Agreement

These Terms constitute the entire agreement between you and Lost Geometry relating to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Lost Geometry with respect to the Site.

16. Contact Information

Questions about the Terms of Service should be sent to us at mhiley@lostgeometry.com.au.