1.      Overview

This website is operated for Lucent Globe Pty Ltd (Lucent Globe). Throughout the website, the terms “we”, “us” and “our” refer to Lucent Globe. Lucent Globe offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By:

(a)        accessing the website and/or creating an account with us;

(b)        using the website’s features and associated software, networks and processes;

(c)         purchasing one or more products from the website or as offered on the website; and

(d)        participating in Lucent Globe’s marketing and promotional communications,

you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to these Terms of Service, then you may not access the website or use any Services.

Any new features or tools which are added to the current website 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. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website 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.

2.      Website Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of the Services.

3.      General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

4.      Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 website is at your own risk.

This website 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 website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

5.      Modifications to the Service and Prices

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6.      Orders

You may place an online order by following the instructions on the website, pursuant to which you may be required to sign-up or register for an account with us. We may, in our absolute discretion, suspend or cancel your account for any reason, including for any failure to comply with these Terms of Service.

As part of the account registration process and as part of your continued use of the website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information and any other information as determined by us from time to time.

By placing an order through this website, you make an irrevocable offer to us to purchase the Services that you have selected pursuant to these Terms of Service.

All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability. Please see our Delivery & Shipping Policy for further information.

Information contained in this website constitutes an invitation to treat only. No information in this website constitutes an offer by us to supply any Services to you, however, we will endeavour to supply your selected products to you.

Acceptance of each order will take place if or when we notify you in writing that your order has been accepted, at the time at which such notification is sent by us via email.

We reserve the right at our discretion to:

(a)        at any time prior to your order being accepted in accordance with these Terms of Service, cancel all or part of your order; and

(b)        at any time:

(i)              refuse to provide products or Services to you;

(ii)            terminate your access to this website; and/or

(iii)           remove or edit any content on this website.

Lucent Globe reserves the right to decline an order placed by you and may cancel your order at any time.

In the event that we cancel an online order that has not yet been dispatched to you, any monies paid in relation to that order shall be refunded in full. Any such refund or cancellation will be confirmed by us via e-mail.

Lucent Globe does not accept any responsibility for online orders that are declined or disrupted due to poor internet connection or any such delay that is caused by circumstances beyond the reasonable control of Lucent Globe or its representatives. We shall be entitled to a reasonable extension of time for the performance of any unfulfilled obligations that may arise as a result of the aforementioned adverse circumstances.

7.      Title and Risk

Title and risk in our products shall be passed to you from the point of dispatch by Lucent Globe or a third-party delivery service.

8.      Payment

From time to time, we may accept payment for online orders using payment providers such as Amex, Apple Pay, AfterPay, Klarna, Google Pay, MasterCard, PayPal, Shop Pay, Union Pay and VISA. Payments made through payment gateways are subject to the payment gateway’s own terms and conditions and privacy policy in addition to these Terms of Service. We do not accept any responsibility for any errors made by any payment gateway.

9.      Delivery

Delivery and shipping of products will be in accordance with our Delivery & Shipping Policy.

10.   Returns

Returns or exchanges of products will be in accordance with our Returns Policy.

11.   30-Day Money Back Guarantee

Refer to our 30-Day Money Back Guarantee Policy for details of how you can receive a refund of your product purchase within 30 days of order confirmation, in circumstances where you are either unhappy or unsatisfied with the product.

12.   Subscription

Without limiting these Terms of Service, you may opt to receive a regular supply of Lucent Globe products by checking the ‘Subscribe and Save’ box before adding to cart. Products will automatically be delivered every 2, 3, 4 or 5 months at your election. Each payment is automatically billed to your credit card or via your selected payment provider prior to the delivery of the relevant products. Subscriptions can be modified or cancelled at any time.

13.   Products or Services (if applicable)

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 Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, 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 reserve the right to limit the quantities of any products or services that we offer. 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. Any offer for any product or service made on this website is void where prohibited.

Subject to paragraph 24, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

14.   Accuracy of Billing and Account Information

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.

If 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. 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.

15.   Discount codes

We may offer discount codes to be used on the website in relation to some promotions. The conditions of a discount code will be specified at the time of issue.

16.   Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

Subject to paragraph 24, 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.

Any use by you of optional tools offered through the website 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).

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.

17.   Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this website 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 subject to paragraph 24, 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.

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.

18.   User Comments, Feedback and Other Submissions

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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 libelous 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.

19.   Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

20.   Errors, Inaccuracies and Omissions

Occasionally there may be information on our website 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).

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.

21.   Intellectual Property

Lucent Globe retains ownership of the website and its contents (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

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 our prior written consent or as permitted by law.

22.   Prohibited Uses

In addition to other prohibitions as set out in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

23.   Disclaimer of Warranties and Limitation of Liability

Subject to paragraph 24:

(a)        we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free;

(b)        we do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable;

(c)         you agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you;

(d)        you expressly agree that your use of, or inability to use, the Service is at your sole risk. To the maximum extent permitted by law, the Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement;

(e)        to the maximum extent permitted by law, in no case shall Lucent Globe, our related entities, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, successors or assigns be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential losses or 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; and

(f)          if we breach any term, condition, or warranty (which cannot be excluded at law), our liability is limited, at our discretion, to either:

(i)             resupplying the goods or services to you or supplying equivalent goods;

(ii)            repairing the goods; or

(iii)          paying to have the goods or services resupplied or goods repaired.

24.   Australian Consumer Law

Notwithstanding any other paragraph of these terms to the contrary, nothing in these terms excludes, restricts or modifies any consumer guarantee, warranty, term or condition implied by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded.

25.   Indemnity

You agree to indemnify, defend and hold harmless Lucent Globe and our related entities and subsidiaries, affiliates, officers, directors, agents, contractors, service providers, subcontractors, suppliers, employees, successors and assigns, from and against any claim or demand, including reasonable attorneys’ fees, arising out of your (or your representatives’):

(a)        breach of these Terms of Service or the documents they incorporate by reference;

(b)        use of the website;

(c)         negligent, wilful, fraudulent or criminal act or omission; or

(d)        violation of any law or the rights of any third-party.

26.   Security

Lucent Globe does 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.

 

27.   Severability

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.

28.   Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

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 website.

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 these Terms of Service 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).

29.   Promotions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you wish to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. For the avoidance of doubt, where there is any inconsistency between such terms and conditions and these Terms of Service, the terms and conditions for the relevant campaign, promotion or contest will prevail.

30.   GST

Unless otherwise expressly stated, all amounts payable through your use of this website are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

31.   Entire Agreement

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.

These Terms of Service and any policies or operating rules posted by us on this website 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). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

32.   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 Australia.

33.   Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

34.   Contact Information

Questions about the Terms of Service should be sent to us at support@lucentglobe.com.