Terms and Conditions
Thank you for visiting our website. This website is owned and operated by Lük Beautifood Pty Ltd ABN 40 613 530 395. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://lukbeautifood.com/pages/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Lük Beautifood Pty Ltd.
1. Registration
You may need to be a registered member to make orders, track orders, access certain features of our website.
When you register and activate your account, you will provide us with personal information such as your name and email address, telephone number, postal and billing address and birthday. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy https://lukbeautifood.com/pages/privacy-policy.
When you register and activate your account, we will provide you with a user name and you will choose a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- exercise supervision over the Minor's use of our website and account;
- assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor's use of our website and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
2. Collection Notice
We collect personal information about you in order to process your order, provide shipping notifications, reply to your questions and share information about our Loyalty Programme and for purposes otherwise set out in our Privacy Policy at https://lukbeautifood.com/pages/privacy-policy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law, and as set out in our Privacy Policy at https://lukbeautifood.com/pages/privacy-policy. If you do not provide this information, we may not be able to provide all of our products to you.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at service@lukbeautifood.com.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
3. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
5. Purchases
Certain products 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 Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color 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 the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.
In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian competition and consumer act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
6. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
7. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
8. No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
9. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
10. Conversation Code of Conduct
Lük Beautifood Pty Ltd may disagree with others’ opinions, respectfully acknowledge and correct any mistakes, and delete comments that we deem to be spam, offensive to Lük or our readers or unrelated to the topic. The website contains interactive components where you can submit material to the website.
Any intellectual property rights in any material submitted to the website becomes and remains the sole property of Lük Beautifood Pty Ltd.
You warrant that any material you provide:
(i) does not infringe the intellectual property rights or any rights of any person;
(ii) is not illegal, fraudulent, sexist, racist, or in breach of any anti-discrimination law;
(iii) is not misleading or deceptive;
(iv) is not defamatory;
(v) is not obscene, offensive or in any way unsuitable for people under the age of 18 years;
(vi) complies with these Terms
11. User Generated Content (UGC) Terms
We love your User Content and know others will benefit from seeing it on our website, social media channels, wholesaler social media platforms and other forms of digital and print media. You are reading this because Lük Beautifood has requested your permission to use your content in this way, for mutual benefits.
If you choose to allow us to use your content, please reply with the hashtag #lukbeautifood, to confirm you agree to our UGC Terms of Use.
We want to make sure you know exactly how we intend to use your User Content which means your comments, tweets, posts, photos, pictures, images, videos, reviews, materials or other user-generated content or information.
If you post a review on our website, you allow us to use the copy, images and videos and you agree to the UGC Terms of Use.
12. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
All comments and statements made on this website and corresponding social media portals are based on a personal view only and are not intended as medical or legal advice. Please always consult your medical practitioner directly about any concerns. Always consult your medical practitioner before embarking on any new diet or health regime. Please consult your medical, health or beauty practitioner before using any products sold or recommended if you are pregnant or have any allergies.
Every attempt has been made to list the ingredients on each product to the best of our ability but these are not guaranteed. Please refer to the product ingredient statement accompanying the product..
13. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
14. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.