Last updated: 19 Feb 2021.

Lakbima – Terms of Service

Welcome to https://www.lakbima.com.au/ (“Site”), which is a shopping site where you can browse, select and Order product/s advertised on the Site (“Product/s”) from JTK Aus Group (ABN 98110476591), a partnership duly incorporated in the State of Victoria Australia and having its place of business at 76, Frankland Street Clyde North VIC 3978 Australia and presently trading as Lakbima (“Lakbima,” “we,” or “us”).

Before you begin, please review our Privacy Policy, as we will require certain personal information such as your name, telephone number, email address, billing and delivery information, where we will safeguard and use this information as noted in the Privacy Policy.

This page explains the terms and conditions by which you access and use the Site, including your Order of Product/s for delivery to Delivery Address through the Site (collectively the “Service”). Please read each and every term and condition of the Service stipulated herein to ensure that you understand each provision. By continued access or use of the Service including placing Orders through the Site, completing registration process and receipt of Product/s by you upon delivery, you indicate that you have read, understood, and agree to be bound by this Terms of Service agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy whether or not you are a registered User of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”). If you do not agree with any part of the Terms of Service, please do not access this Site.

1        Use of the Service

1.1     Eligibility

You may use the Service only if you can form a binding contract with Lakbima, and only in compliance with this Agreement and all applicable local, territorial, state, national, and international laws, rules and regulations. The Service is not available for any Users previously removed from the Service by us.

1.2     Age Restrictions

In Order to use the Service, you must have an account with Lakbima. If you are under 18 years of age, you must have your parent or legal guardian’s permission to use the Service and to accept this Agreement.

  • Service Rules

2.1     Registration

You must complete the customer registration process available in the Site prior to placing an Order for Product/s through the Site. All personal information that you give us such as name, address, telephone number, email address, billing and delivery information etc. (“Registration Information”) will be held and used by us strictly in accordance with our Privacy Policy.

  • You may control your User profile and how you interact with the Service by changing settings that are made available to you.
  • In consideration of your use of the Site, you agree to:
  1. provide true, accurate, current and complete Registration Information as prompted by the Site’s registration form; and
  1. maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
  • You must provide your real name and email address when providing Registration Information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
  • If you use the Site, you are responsible for maintaining the confidentiality of your Registration Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

2.6     Accounts

2.6.1 Accounts that you are able to establish with the Service give you access to the Service that we may establish and maintain from time to time and in our sole discretion.

2.6.2 You can have only one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per Delivery Address.

  • You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must maintain confidentiality of your account password and monitor and police the use thereof. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Lakbima will not be liable for any losses caused by any unauthorized use of your account.

2.7     You warrant that:

  1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
  1. the person receiving the Product/s at the Delivery Address or collecting the Product/s on your behalf is authorised by you to do so; and
  1. you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

3          Orders

“Order” means any Order for a Product or Product/s submitted using the Site.

  • Placing an Order for Product/s

3.1.1 You may Order Product/s by selecting and submitting your Order through the Site in accordance with these terms and conditions.

  • Your placement of an Order with us constitutes an offer by you to purchase the particular Product/s from us for the price notified (including the delivery and other charges and taxes) at the time you place the Order on these terms and conditions. The Order is placed when it is submitted to us. Please refer to the Clause “Minimum and maximum amounts in each Order” We reserve the right to charge a Delivery Fee for Orders under our minimum amount.

3.1.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.

3.1.4 You agree to provide us with current, complete and accurate details such as delivery address and billing address when asked to do so by the Site.

3.2     Acceptance or rejection of an Order

3.2.1 We reserve the right to accept or reject your Order for any reason, including if the requested Product is/are not available, or if there is an error in the price, or the product description posted on the Site or an error in your Order.

3.2.2 Each Order placed for Product/s through the Site that we accept results in a separate binding agreement between you and us for the supply of those Product/s. For each Order accepted by us, we will supply the Product/s in that Order to you in accordance with these terms and conditions.

3.3     Minimum and maximum amounts in each Order

Unless otherwise indicated on the Site:

  1. There may be lower limits for particular Product/s or particular location as determined by us, and notified to you, from time to time. We will inform you of these limits on the Site when you place the Order or within a reasonable time after you submit your Order; and
  1. the minimum purchase amount for each Delivery Order is $45.00 excluding the Delivery Fee.

3.4     If you wish to place an Order that differs from our Ordering requirements, then you will need to contact us through Contact Us details provided below. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard Orders. In this regard, for the delivery to take place, we recommend that you allow the time between Ordering and delivery that we notify you of at the time we accept your Order.

3.5     Bulk Orders

3.5.1 If we classify an Order as a Bulk Order, your Order may attract a handling charge depending on the size of your Order. We will contact you as soon as possible after the placement of your Order to advise you of the exact handling charge payable in respect of your Order.

3.5.2 If you are unsure whether your Order is a Bulk Order and would like to find out the exact handling charge payable in respect of your Order before you place your Order, please notify us through Contact Us details provided below.

3.6     Cancelling an Order

3.6.1  We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you at any time if:

  1. the requested Product/s in that Order are not available; or
  1. there is an error in the price, or the product description posted on the Site in relation to the relevant Product in that Order; or
  1. that Order has been placed in breach of these terms and conditions.
  • If we cancel an Order in accordance with:
  1. clause 3.7.1 a. or 3.7.1 b. (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee, or other fees and charges, will be refunded to your original payment method or through an alternative means.
  1. if your Order is cancelled under clause 3.7.1 c., where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid, including any Delivery Fee, and other fees and charges, to your original payment method or through an alternative means.

(b) in all other circumstances, by contacting us as per the Contact Us details given below during contact hours. In this instance, if you cancel an Order that has been accepted by us before the day of delivery or collection, we may charge you a cancellation fee of the lesser of $5.00 or the costs to Lakbima arising from the cancellation.

3.6.3 You cannot amend your existing Order. However, you can place a new Order and cancel the existing Order for which we will provide you with a credit subject to the following:

  1. If the amount paid for your existing Order is more than the amount of the new Order, we will issue you with a credit for any future Order/s,
  1. If the amount paid for your existing Order is less than the amount of the new Order, we will issue you with a credit for the new Order.

4        Delivery of Product/s

“Delivery Address” means the address specified by you within the area where we provide delivery services as prompted during the Ordering process for the delivery of Product/s that we will supply to you under these terms and conditions.

4.1     We will deliver the Product/s to the Delivery Address stated in the Order in accordance with this Agreement and the Delivery Policy found in the Site. Signature of your Invoice/Proof of Delivery document will constitute acceptance in full of your Order.

4.2     You may obtain further information on the Site about our delivery timeframes and how we deliver your Product/s. At the time you select your Product/s you will be given an option to select a timeframe for delivery. Although we endeavour to deliver the Product/s within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Lakbima will not provide any refund or discount on your Order or Delivery Fee for late deliveries.

4.3     If you select the “leave unattended” option for your Order, we will endeavour to contact you at the Delivery Address or on your nominated telephone number once we arrive at the Delivery Address. If we cannot contact you, we will leave your Order unattended at a spot which we determine is suitable for delivery at the time. In such an event, you agree that we will not be responsible for any loss or damage caused to your property, Product/s or suffered by you in connection with our delivery of the Product/s to the Delivery Address.

4.4     If you are present at the Delivery Address, we will deliver the Product/s to the front door at the relevant Delivery Address unless you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the Product/s to the Delivery Address.

4.5     You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Order through the Site.

  1. If there is no one or no appropriate person at the Delivery Address to receive the Order, or otherwise required to be present at the time of delivery and you are not present at that time, or if we cannot access the Delivery Address, or if we cannot determine a suitable spot to deliver your Order (for unattended deliveries), then:
  2. we will not deliver the Product/s you have Ordered; and
  3. we may charge you a fee of up to $45.00.

In this instance, we will endeavour to contact you, or you may notify us through Contact Us details provided below to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.

  1. You acknowledge and agree that any person at the Delivery Address who receives the Order is authorised by you to receive your Order and, where relevant, make you acknowledge that we may record the details of any identification provided in relation to delivery of Product/s.
  1. You agree to inform us in writing of any issues that have occurred with a delivery by email to onlineinquiries@lakbima.com.au. This includes short deliveries, Product/s damaged in delivery or any other issue you wish to communicate to us relating to a delivery.
  1. No returned Product/s will be accepted by us if they are not received as new.
  1. If the Product/s have been incorrectly Ordered by you, if you choose to, we may agree to replace the value with your next order.

4.6     Substitution or missing Product/s in delivery

4.6.1 You acknowledge that Product/s that you Order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product/s.

4.6.2 When you place your Order, if you select the substitute option for some or all of your Product/s in an Order, then we will endeavour to provide you with a substitute Product/s:

  1. when the Product/s you have selected is not available; or
  1. if we are not able to supply to you the Product/s that you have selected.

We aim to select substitute Product/s that are of similar value and quality, but (subject to Clause 7.7) we reserve the right not to provide you with substitute Product/s even if a suitable substitute Product/s is/are available.

4.6.3 For substitute Orders selected by you, we will endeavour to provide you with a substitute Product/s where the price for that substitute Product/s is/are of equal or greater value than the Product/s you selected. If so, we will charge you the price of the Product/s you Ordered rather than the price of the substitute Product/s.

4.6.4 If there are Product/s missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product/s is/are marked as out of stock. If so, then we will arrange to provide you with a refund through your original payment method or through an alternative means.

4.6.5 If a Product/s that you have Ordered is/are not available and we have not provided you with a substitute, where we have taken payment for your Order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the Product/s (excluding Delivery Fees) that were not supplied to you.

5        Fraud and risk assessment

We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms and conditions. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from us, please contact us through Contact Us details provided below.

6        Risk and title

6.1     Irrespective of whether title to the Product/s vested in us, risk in the Product/s passes to you on the date and at time of delivery to the Delivery Address (including “leave unattended” deliveries at the Delivery Address).

6.2     Title to the Product/s shall remain vested in us and passes to you on the later of the date and time of:

  1. payment for those Product/s;
  1. delivery of those Product/s to the Delivery Address (including “leave unattended” deliveries at the Delivery Address); and
  1. for Pick-Up Orders, collection of those Product/s from a selected location.

6.3     Until such time title to the Product/s passes to you, we and our agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Product/s or any part are stored and have the authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Product/s.

7        Fees and charges

7.1     We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):

  1. the purchase price of each Product/s that is/are Ordered;
  1. the Delivery Fee provided to you at the time you selected the relevant delivery window when placing your Order or the delivery fee shown on the Site (“Delivery Fee”); and
  1. the cancellation fee for an Order that is cancelled as set out in clause 3.9; and

7.2     All fees and charges identified in these terms and conditions and all prices for the Product/s include GST where applicable.

7.3     The purchase price of each Product/s is/are shown on the product list on the Site at the time you place your Order.

7.4     Prices for Product/s change from time to time and will appear in the Site. However, you acknowledge that we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Product/s in that Order.

7.5     Price Variation

We may adjust any price from time to time and you agree to pay any such adjusted price to take account of variations that may arise from any of the following:

  1. delays in delivery of the Product/s as a result of instructions or lack of instructions from you, your failure or inability to fulfil the obligations under the Contract or other circumstances beyond our control;
  2. variation in the cost of us acquiring the Product/s;
  1. any correction of errors or omissions on the part of Lakbima or any of its representatives.

7.6     Payment method

7.6.1 You must pay the fees and charges online using our online payment method PayPal.

7.6.2 If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.

7.6.3 For some payment methods (including credit cards) we may pre-authorise the amount payable for your Order and only charge you the full amount adjusted to account for any out of stock Product/s.

7.6.4  For other payment methods we may not be able to do this and may charge you the full amount at the checkout and refund you for any out of stock Product/s at the time we pick your Order. If you select a delivery time that is seven (07) days or more from the date of your checkout, we will charge you for your Order at the checkout irrespective of the payment method used. You authorise Lakbima to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.

7.7     You must not pay, or attempt to pay, for Product/s through any fraudulent or unlawful means.

7.8     We will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Product/s in the Order and the out of stock Product/s. Where we have charged you for the Order at the time your Order was confirmed, the receipt will also include the dollar value refunded for any out of stock Product/s.

7.9     Terms of Trade and Credit Hold Policy

7.9.1  All Product/s is/are sold subject to Goods and Services Tax (GST) unless the Product/s is/are classified as GST exempt.

7.9.2  We reserve the right to suspend the delivery of further Product/s if your terms of payment are not strictly adhered to.

7.9.3 If you are fourteen (14) days beyond your agreed payment terms, you are immediately and strictly put on credit hold and supply is withheld until payment is made.

7.9.4 If you do not respond timely to our requests for overdue payments you will receive a Letter of Demand which if not responded to, will be forwarded to our Debt Collection Agency.

7.9.5  Any expenses or costs incurred by us in recovering any outstanding monies including debt collection agency fees or solicitor’s and court costs will be passed on to you.

7.9.6  If you fail to respond to our Letter/s of Demand and/or our Debt Collection Agency in relation to settling an overdue payment we may list information about the payment default with any credit reporting body.

7.9.7 If you:

  1. fail to make any payment due under this Agreement or commit any other breach of any of your obligations under this Agreement; or
  2. suffer execution under any judgment; or
  3. commit an act of bankruptcy; or
  4. make any arrangement with any creditor; or
  5. being a company, pass a resolution for winding up or have a receiver appointed,

then we will terminate this Agreement and any part of the monies owed to us which are then unpaid, together with any other monies owing, will immediately become due and payable. Any such termination will be without prejudice to any claim or right we may otherwise possess.

8        Returns

8.1     Our Returns Policy which is available on the Site, applies to all purchases of Product/s using the Site and forms part of these terms and conditions.

8.2     If you wish to return Product/s in accordance with our Returns Policy, then you may contact us through Contact Us details provided below to make arrangements to return that Product/s.

8.3     You may choose to return the Product/s to us at the time we deliver your next Order. Upon confirmation from the carrier or the driver that the Product/s have been received we will refund to your original payment method or through an alternative means with the funds being available within 3-5 business days.

8.4     Where the Product/s we supply under this Agreement are damaged or short delivered, then our remedy is limited to one of the following:

  1. to replace the damaged or short delivered Product/s or
  1. to issue you with a credit for the damaged or short delivered Product/s.

8.5     Lakbima Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in Clause 14 (Liability) below.

9        Your general obligations and restrictions

9.1     You must:

  1. ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
  1. notify us through Contact Us details provided below during contact hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
  1. promptly advise us of any changes to your information provided to us as part of the customer registration process;
  1. be responsible and liable for any person that uses your LoginID and password to Order Product(s) through the Site;
  1. agree that we may charge you for all Product/s that we agree to supply to you that have been Ordered using your LoginID and password through the Site; and
  1. check the labels on the Product/s before consumption or use.

9.2     You must not:

  1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
  1. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
  1. make fraudulent or speculative enquiries, purchases or requests through the Site;
  1. use another person’s details without their permission or impersonate another person when using the Site;
  1. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  1. tamper with or hinder the operation of the Site;
  1. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
  1. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
  2. modify, adapt, translate or reverse engineer any portion of the Site;
  1. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
  1. reformat or frame any portion of the web pages that are part of the Site;
  1. create accounts by automated means or under false or fraudulent pretences;
  1. use the Site to violate the security of any computer or other network or engage in illegal conduct;
  1. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
  1. use the Site other than in accordance with these terms and conditions; or
  1. attempt any of the above acts or engage or permit another person to do any of the above acts.

10      Security

10.1   Lakbima cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10.2   Notwithstanding Clause 10.1, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us:

  1. We will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email; and
  1. You will be required to provide personal information like your bank details, credit card details to the PayPal payment system. This will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with ‘https://…’ instead of ‘http://…’

10.3   Please report any suspicious activity to Lakbima immediately.

11      Errors and Omissions

We endeavour to maintain the accuracy of all Product/s images, Product/s descriptions, stock availability and prices shown on the Site. However, we reserve the right to cancel an Order and/or reverse a payment if an Order has been placed based on erroneous information.

12      Suspension and Closure of account

12.1   We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.

12.2 If we lock, suspend or delete your account under Clause 12.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

12.3   You may cancel or close your account at your discretion. You may do so by sending an email us on to onlineinquiries@lakbima.com.au or by calling on +61477904098 as indicated in Contact Us details provided below clearly specifying your request. In general, your account will be cancelled within five (5) business days of your cancelation request.

13      Accuracy of Information

13.1   All material on the Site is provided in good faith. Lakbima attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to Product/s descriptions or other content of this Site, is accurate, complete, reliable, current or error-free. They are derived from sources believed to be accurate and current as at the date of publication. Your use of the Site is at your sole risk. Access to the Site is provided on an ‘as available’ basis. Neither Lakbima, its related bodies corporate nor its or their directors or employees make any representation or warranty that:

  1. any material on the Site will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
  1. your access to the Site will be uninterrupted, timely or secure.

13.2   We will not be liable for loss resulting from any action or decision by you in reliance on the information on the Site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

14      Liability

14.1 The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Lakbima of Product/s or Service on the Site which cannot be excluded, restricted or modified (“Non-excludable Rights”). We do not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

14.2   You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product/s repaired or replaced if the Product/s fail to be of acceptable quality and the failure does not amount to a major failure.

14.3 Without excluding, restricting or modifying the Non-excludable Rights and remedies therein to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or Lakbima‘s liabilities under those provisions:

  1. Lakbima and its related bodies corporate attempt to be as accurate as possible in the description of Product/s. However, we do not warrant that Product/s descriptions are accurate, complete, reliable, current, or error-free.
  1. you acknowledge that your use of Site is “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
  1. we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this Agreement; and
  1. we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
  • We do not warrant or make any representation regarding your access to, or the results of your access to the Site (including any related web sites).

14.5   To the maximum extent permitted by law, Lakbima’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Lakbima, in the case of services supplied or offered by us to the replacement of the Product/s or refund as provided in this Agreement.

14.6   Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

14.7   Except as provided for by the Non-excludable Rights:

  1. all content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied;
  1. Lakbima and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
  1. We do not warrant that:
  1. the functions contained in any content or any communications facility or your access to the Site will be uninterrupted or error-free;
  2. any defects will be corrected; or
  • the Site or the server which stores and transmits content to you are free of viruses or any other harmful components.

15      Termination

15.1. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

  1. the breach cannot be remedied; or
  1. you fail to the remedy the breach within ten (10) days of our notice to you of that breach; or
  1. if there is an emergency.

15.2. You may stop using the Site at any time and for any reason.

15.3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Product/s that have been Ordered are no longer available or we are prevented from supplying the Product/s, in which case, we will notify you and will refund to you all valid payments received by us for those Product/s.

16      Privacy policy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and forms part of these terms and conditions. You acknowledge and agree to our Privacy Policy.

17      Intellectual property rights

17.1 You:

  1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
  1. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
  2. must not frame or embed in another Site any of the Material appearing on this Site without our prior written consent.

17.2 You may:

  1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
  1. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Product/s but not for any other use, including commercial use.

17.3   This Site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Site or our name/s or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.

17.4   Names and Logos

17.4.1 Our name/s and logo/s and the names and logos of our Product/s (“Lakbima Names & Logos”) form a part of the established corporate brand and image of Lakbima and its related bodies corporate, which Lakbima considers to be a significant proprietary asset. Unless the prior written consent of Lakbima is obtained, you agree to not use any of Lakbima Names & Logos in any way including, but not limited to:

  1. in, or as the whole or part of your own trademarks;
  2. in connection with activities, Product/s or services which are not Lakbima‘s;
  3. in a manner which may be confusing, misleading or deceptive; or
  4. in a manner that disparages Lakbima or the information, Product/s or services of Lakbima (including this Site); or
  5. otherwise hold yourself out as being associated with, related to or connected with Lakbima or its business.

17.4.2 Other product and company names or logos mentioned or displayed on this Site from time to time may be the trademarks of other people or entities. Nothing displayed on this Site should be construed as granting any licence or right of use of any trademark displayed on this Site, without the express written permission of the relevant owner.

17.4.3 Any use of Lakbima Names & Logos or the names and logos of other people or entities pursuant to these Terms of Service must contain an acknowledgement that Lakbima or the other person or entity is the legal owner of such names and logos.

17.5   Copyright

17.5.1 This Site contains content which is protected by copyright, trademark and other laws. Except where expressly permitted by these Terms of Service and excluding the temporary copy held in your computer’s cache memory, the content on this Site may not be used, copied, reproduced, displayed, published, stored in a retrieval system, altered, transmitted in any form or by any means, in whole or in part (except where such use constitutes ‘fair dealing’ under the Copyright Act 1968 (Cth) as amended, for any purpose whatsoever (including, but not limited to, personal or non-commercial use), without the prior written consent of Lakbima or the appropriate supplier or licensor of Lakbima. In particular, you may not use any part of the content on this Site to establish, maintain or provide, or assist in establishing or maintaining or providing your own publications, Site or other means of distribution without the prior written consent of Lakbima or the appropriate supplier or licensor of Lakbima.

17.5.2 Any use of the content on this Site pursuant to these Terms of Service must contain an acknowledgement that Lakbima or the appropriate supplier or licensor of Lakbima is the legal owner of the content.

17.5.3 All software used on this Site is the property of Lakbima or its software suppliers and is protected by Australian and international copyright laws.

18      Indemnity

You agree to defend, indemnify and hold harmless Lakbima and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term or condition of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of the information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

19      Governing Law

19.1   This Agreement shall be governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia. You agree that any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the State of Victoria, Australia, and you consent to the jurisdiction of such courts.

19.2   Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

20      Miscellaneous

20.1   Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lakbima without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

20.2   Notices

20.2.1  Lakbima may provide notices, whether such notices are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site or mobile application, as determined by Lakbima in our sole discretion. Lakbima reserves the right to determine the form and means of providing notices to our Users, provided that you may opt out of certain means of notice as described in this Agreement. Lakbima is not responsible for any automatic filtering you or your network provider may apply to email notices we send to the email address you provide us.

20.2.2 By providing Lakbima your email address you consent to our using the email address to send you notices relating to the Service, including any notices required by law as provided in the preceding paragraph, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Lakbima. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

20.3   Amendments

20.3.1Lakbima may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. Such modifications or updates will be effective as soon as they are posted. For future Orders, these terms and conditions may therefore be different. We recommend that you read these terms and conditions carefully each time you agree to them during the Ordering process.

20.3.2 When we change this Agreement in a material manner, we will update the ‘last updated’ date at the beginning of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms or conditions of this Agreement or any future Terms of Service, do not use or access (or continue to access) the Service.

20.3.3 If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.

20.4   Entire Agreement

This Agreement, together with any amendments and any additional agreements you may enter into with Lakbima in connection with the Service, shall constitute the entire agreement between you and Lakbima concerning the Service.

20.5   Severability

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

20.6   No Waiver

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Lakbima’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

20.7   Contact Us

We welcome the Users’ feedback and we wish to address any issues or questions the Users may bring to us quickly. The Users are advised to use our Contact Us page to submit questions, comments or suggestions or send specific questions or comments involving the Service and/or this Agreement.

The Users may also contact us at:

Email: onlineinquiries@lakbima.com.au 

Tel: +61477904098

Business hours:

Weekdays:         8:30am – 5pm

Saturday:           8am – 4pm

Sunday:              8am – 1pm