User Agreement

Welcome to the Lust have it website (the “Site”). “Lust have it” refers to Lust have it Pty Ltd (ACN: ACN 605 670 755), the company who owns and operates this website, having its registered office at:

Level 12,
201 Kent St,
Sydney NSW  2000 

1. General

By accessing, browsing or using this Site, You ("User", "You" or "Your" means an individual who visits or uses the website) acknowledge that You have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with our Privacy Policy govern the relationship between Us (Lust have it) and You (the user). If You do not agree to these Terms, You must not use or access this Site.

We reserve the right to revise these Terms and Conditions and any linked information at any time without prior notice by updating this posting.

2. Scope

We recommend that You read the entire Terms and Conditions, the Site policies and all linked information.

3. Feedback

If You have any questions about this User Agreement or if You wish to report breaches of this User Agreement, please contact Us or email Us at support@lusthaveit.com.

4. Copyright

This Site and Its contents are subject to copyright. The copyright is owned by Lust have it!, or in the case of some material, a third party.

You may view this Site and Its contents using Your web browser and electronically copy and print hard copies of parts of this Site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this Site is strictly prohibited.

5. User Contributed Content

Throughout the use of the site users may be invited to review or comment on various products. If You do submit such reviews, You give Lust have it! permission to use, reproduce, modify and publish them in a royalty-free, irrevocable manner. You also permit Lust have it! to publish Your first name and State or Town.

Such reviews posted, in no way represent the views or opinions of Lust have it! or Its owners, shareholders, employees or others, but are the sole product of Its creator.

6. Site Use Restrictions

Lust have it! requires all users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

a.  Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
b.  Posting any information which is untrue, inaccurate or not Your own;
c.  Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
d.  Attempting to interfere in any way with any security protections of of the Site or Lust have it!’s network, or attempting to use the Site’s service to gain unauthorised access to any other computer system.

 

7. Advice and Information

The advice and information contained within this Site is of a general nature and is not intended to replace professional advice for individual or specific conditions. While We make every effort to ensure that the information contained within this Site is correct, We take no responsibility for any loss or damage arising from its use.

8. Reward Points

The following rules relate to any loyalty or reward points awarded, purchased or otherwise obtained from Lust have it! by anyone at any time.

a.  Points are earned for purchases in the online store at the rate of 1 point for every $1 spent on products. Subscriptions that are pre-paid (3, 6 or 12 months) will be rewarded also at 1 point for $1. For subscriptions paid monthly, we may offer loyalty rewards for subscribers who maintain their subscription for a     number of consecutive months – currently we will reward monthly subscribers a bonus of 120 points after six months, and a further 150 points to be credited after 12 months. In each case the reward will be credited provided the subscription has been successfully paid in each of the months, and the crediting will be completed the following month.
b.  We may also offer promotions where we increase the points earning rate on specific products from time to time.
c.  Points may also be earned for other actions including referring friends (see following), completion of surveys or providing other feedback, or participation in competitions. Lust have it! may advise the terms of such rewards from time to time. d. Currently we award 10 points for each completed monthly product survey received.
d.  Points are not transferable.
e.  All points earned prior to 1 November 2013 shall expire on 31 October 2014 and points earned or awarded after 1 November 2013 shall expire 365 days from the date awarded.
f.  A subscriber must have a points balance of at least 100 before being able to use their points for a purchase, and a minimum cash purchase may apply to any transaction using reward points. Lust have it! shall determine the maximum number of points that can be used on each purchase and any minimum cash expenditure required, and indicate these to the customer prior to a purchase becoming final.
g.  Points cannot be used for purchasing subscriptions, postage or handling charges. Lust have it! reserves the right to change the terms and conditions of its loyalty and reward programs, including the value and use of reward points, by revising this section, and any decision of Lust have it! on any issue related to any such program shall be final and binding. Reward points are not exchangeable for cash, credit or any other item of value.

 

9. Refer A Friend Promotion

From 1 November 2103 until 31 October 2015, Lust have it! will offer reward points to active subscribers who refer other people to purchase one or more Lust have it! subscriptions. The number of reward points awarded for each qualifying referral to Lust have it! shall be determined by the company, in its discretion from time to time, and is currently 50 points per referral. Points awarded will be credited to the referring subscriber’s account, provided the referrer and the purchaser follow any steps required. The referred friend must be a new Lust have it! subscriber and must pay in full for the product(s) purchased before any points will be awarded. Lust have it! reserves the right to alter, suspend or discontinue this promotion at any time, as well as to disallow any claim for points that it deems in its sole discretion to be outside the letter or spirit of this promotion. This promotion may not be combined with any other offer.

10. Payments

Payments shall be processed through our site and shall be in the form you select when you either submit an order form or you elect to subscribe to any of our boxes. Prices for Our goods and services are subject to change from time to time.

It is Your responsibility to notify us if Your payment method expire or change. If We are unable to successfully process payment, We may cancel Your order and your subscription.

You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.

Lust have it! will not be liable for any charges You incur as a result of out of date payment information. If We incur an expense due to the incorrect payment information that You provided, we reserve the right to seek reimbursement for such expense.

We may offer promotional discounts from time to time. You must agree to the terms of the promotion in order to receive the discount. All promotional discounts are non-refundable.

Box prices are subject to change from time to time.  All subscribers will be notified of an update to the box pricing by either a link to the Terms and Conditions or Frequently Asked Questions page should pricing changes occur.  Subscribers will have the option to cancel a subscription ahead of any price rise.

11. Subscriptions

By subscribing to Lust have it! You are agreeing to pay a recurring subscription for an indefinite period until cancelled by You or Us as per our Cancellation Terms.

Our subscription plan consists of an initial charge, followed by recurring charges as agreed to by You. By entering into this Agreement, You acknowledge that Your subscription has a recurring payment feature and You accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g. monthly) without further authorisation from You, until You provide prior notice that You have terminated this authorisation by answering our Cancellation Form or wish to change Your payment method. Such notice will not affect charges submitted before Lust have it! reasonably could act.

Lust have it! may have promotional subscription periods from time to time and You agree that the subscription will be automatically extended at the current non-promotional subscription rate.

Promotional subscriptions does not apply to members whose subscription status is "On Hold" or is "Paused". At the same time, it does not apply to You if you already have an account and want to purchase an additional account to get the promotional subscription.

We reserve the right at Our absolute discretion not to renew Your subscription at any time without giving any reasons for Our decision.

12. Cancellation and Termination

You may put a hold or cancel your monthly subscription at any time by logging into your account and selecting the Cancel option for the active subscription you wish to cancel.  You will be prompted to fill out a Cancellation Form to complete the process. Your cancellation request must be received before the last day of the prior month for the cancellation to take effect.  If your cancellation is requested at the beginning of the month, then that month will be your final month and cancellation will be applied after you receive your current month's box.

Annual memberships may only be cancelled at the termination of the membership. We do not allow the cancellation of an annual membership during the term of the membership but it is fully transferable by changing the shipping details to the new recipients address. 

Anyone that subsmits a request to cancel their subsciption between 1 - 18 November 2015 will have their cancellation approved. The usual policy of notification before the end of the month,during this period will be waived.

We reserve the right to refuse the re-activation of Your account at our discretion.

13. Delivery

All products purchased from or via the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Lust have it!. Any risk associated with the delivery of the products passes to You when Lust have it! or Our supplier delivers these items to the carrier.

We accept no responsibility for goods lost in transit or goods lost, stolen or damaged after delivery. Any decision to replace goods ordered in such circumstances will be made by Us, on a case by case basis, in exercise of Our sole discretion.

You understand and agree that you shall receive no refunds and no exchanges for any Products once we or our supplier delivers these items to the carrier unless the Product received by you is damaged and/or expired.

We are not responsible for incorrect delivery details provided by You. We reserve the right to charge an administration fee and additional delivery charges for delivery of Your order where it is returned to Us for this reason.

14. Returns and Exchange

All products are checked for quality before dispatch and while We try our best to ensure that the goods are delivered to you in good condition, the goods may be damaged in transit. Where You receive a faulty or damaged item from Us, We can send a replacement item to you provided that You:

a.  Fill out Our Missing Product Form within the first 5 days of receiving the product
b.  Send clear photographs of the box EXACTLY as it was when you first opened it to support@lusthaveit.com or upload the photo and include it in the comments section of the form.
c.  Please include Your contact details and the reason for the return.

 

In the case where We do not have any stock of the item, We will offer You a substitute item of equal or greater value.

We will not accept returns of items that are not faulty or damaged. We will not provide a refund for any returned items supplied by Us unless required by law or in the exercise of our sole discretion.

Any items returned must be accompanied by their original packaging and any relevant original documentation specified by Us and except in the case of faulty items, must remain unused and in original condition.

15. Trade Marks

This Site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use of any of these trademarks is strictly prohibited.

16. Disclaimer

You agree that Your access to, and use of, this Site is subject to these terms and all applicable laws, and is at Your own risk. This Site and its contents are provided to You on “as is” basis, the Site may contain errors, faults and inaccuracies and may not be complete and current.

Lust have it! makes no representations or warranties of any kind, express, or implied, as to the operation of this Site or the information, content, materials, or products included on this Site, except as otherwise provided under applicable laws.

Neither Lust have it!, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this Site and any other Site linked to this Site. This limitation applies to direct, indirect, consequential, special, punitive or other damages You or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

17. Release and Indemnification/Liability Limitation

You agree to release Lust have it! and its staff, directors, officers, customers, representatives and agents  (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the use of the site or any of the products sold by Lust have it! and to further indemnify, defend and hold harmless the Released Parties from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by you of any of these Terms and Conditions or any violation by you of applicable law.

IN NO EVENT SHALL LUST HAVE IT!, ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF LUST HAVE IT! HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LUST HAVE IT!, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO LUST HAVE IT! IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

18. Privacy

We use Your information as described in the Lust have it! Privacy Policy. If You object to Your information being transferred or used in this way then You may not use Our services.

19. Viruses

Lust have it! cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Lust have it! entirely of all responsibility for any consequences of its use.

20. Use of Cookies

Cookies are small pieces of information that your browser stores on your computer hard drive.

We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all features of the Lust have it! web page.

21. Third Party Sites

This site may contain links to third party sites. Lust have it! is not responsible for the condition or content of those sites as they are not under the control of Lust have it!. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Lust have it! of the sites or the products or services provided on the site.

22. International Use

Lust have it! controls and operates the site from Australia. We make no representation that materials on the site are appropriate or available for use outside Australia. If you choose to access this site from outside Australia, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

23. Applicable Law

Your use of this site is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

 

This Agreement was last updated on 16th November 2015.

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