Home / Terms and Conditions

OVERVIEW
This website is operated by Liverpool St Pty Ltd (ABN 13 612 833 253) (“Liverpool St”). Throughout the site, the terms “we”, “us” and “our” refer to Liverpool St. Liverpool St offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing or using our website at www.liverpoolst.com.au (“Website”) and/ or purchasing a product or service (“Products & Services”) from us, or setting up an account with us (“Account”), you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms & Conditions”). These Terms & Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, comments and information.
If you do not agree to the Terms & Conditions, you may not access or use the Website, the Account or purchase or use any of our Products & Services.
Any new features or tools which are added to the current Website shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions 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 or the Account and/or purchase or use of the Products & Services following the posting of any changes constitutes acceptance of those changes.
Our Website is hosted on Shopify Inc (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our Products & Services to you.

SECTION 1 - ONLINE TERMS
By agreeing to these Terms & Conditions, 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 and the Account, or you are not the age of majority in your state or province of residence but you understand and agree that this is a contract for “necessaries” to maintain your lifestyle and is for your benefit.
You may not access or use our Website or the Account, or purchase or use our Products & Services, for any illegal or unauthorized purpose nor may you, in accessing or using our Website or the Account, or using the Products & Services, 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 these Terms & Conditions will result in an immediate termination of your access and use of our Website and the Account, and your purchase and use of the Products & Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to provide access or use of the Website and the Account, and/or supply the Products & Services, to anyone for any reason at any time.
You understand that your information (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 Website or the Products & Services, access or use of the Website, the Account or Products & Services without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will provide specific information about our company (“Company Information”) and current Products & Services on the Website (including a description of the Products & Services) (“Product Information”).
We are not responsible if content (excluding Company Information and Product Information) made available on this Website (“External Content”) is not accurate, complete or current. The External Content 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 External Content on this Website is at your own risk.
This Website may contain certain historical information in External Content and in relation to the Products & Services. Such historical information is not current and is provided for your reference only. We reserve the right to modify the content on this Website at any time, but we have no obligation to update any content on our Website. You agree that it is your responsibility to monitor changes to the content on our Website.

SECTION 4 - MODIFICATIONS TO THE PRODUCTS & SERVICES AND PRICES
Prices for our Products & Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Products & Services (or any part of the Products & Services) without notice at any time.
We reserve the right to refuse to supply the Products & Services to anyone for any reason 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 Website, the Account and/or the Products & Services.

SECTION 5 - PRODUCTS & SERVICES
The Products & Services may be purchased online through the Website. The Products & Services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colours and images of the Products & Services that appear on the Website. We cannot guarantee that your device's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products & 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 & Services that we offer. All descriptions of Products & Services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Products & Services at any time.
We do not warrant that the quality of any Products & Services, External Content, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products & Services or External Content will be corrected.
Subscription
You may purchase a “Monthly Subscription” or a “Bi-Monthly Subscription” to have the bundle of Products & Services (“Bundle”) you have selected on the Website (“Selected Products & Services”) sent to you monthly or bi-monthly (as the case may be), for the period commencing on the date of your purchase and expiring on the date of termination (“Subscription Term”).
It is possible to have more than one subscription.
It is possible to have more than one Bundle contained in the Selected Products & Services for the one subscription. The minimum number of Bundles contained in the Selected Products & Services for one subscription is one (1). The maximum number of Bundles contained in the Selected Products & Services in one subscription is two (2).
You acknowledge and agree that you may only use the Selected Products & Services and the Account for personal use, and not for resale or any other purpose. This is a condition of Liverpool St agreeing to sell a Monthly Subscription or Bi-Monthly Subscription to you. Liverpool St may refuse to supply you with such Selected Products & Services, and may terminate your subscription immediately with written notice.
Delivery of Selected Products & Services
Liverpool St will send you the Selected Products & Services for a subscription:
(a) if you have purchased a Monthly Subscription, on the 1st of each calendar month (or the next business day) during the Subscription Term; or
(b) if you have purchased a Bi-Monthly Subscription, on the 1st of the next calendar month (or the next business day) during the Subscription Term, and then the 1st of every second calendar month (or the next business day) after that, during the Subscription Term.
Notwithstanding any other provision of these Terms & Conditions, the Selected Products & Services may only be sent to a shipping/delivery address in Australia. Liverpool St reserves the right to refuse to send the Selected Products & Services to an address at its sole discretion.
Whilst Liverpool St will endeavour to ensure that the Selected Products & Services in your Monthly Subscription or Bi-Monthly Subscription are successfully delivered to you, Liverpool St takes no responsibility for such Selected Products & Services once they have been sent. You acknowledge and agree that it is your responsibility to ensure that your shipping/delivery address is accurate and up to date at all times.
You acknowledge and agree that risk and title in the Selected Products & Services in your Monthly Subscription or Bi-Monthly Subscription (as the case may be) passes from Liverpool St to you upon Liverpool St sending the Selected Products & Services from its premises. For the avoidance of any doubt, Liverpool St is not responsible for any loss of, or damage to, the Selected Products and Services whilst in transit.
Whilst Liverpool St will endeavour to ensure that the Selected Products & Services in your Monthly Subscription or Bi-Monthly Subscription are successfully sent and delivered to you in accordance with your subscription, you acknowledge and agree that Liverpool St may from time to time, experience delays and/or shortage of stock. In such circumstances, you agree that you will not hold Liverpool St liable in any way for any loss or damage you may suffer arising from such an event.
Termination of Subscription and Account
You may provide written notice of termination of the Monthly Subscription or Bi-Monthly Subscription (as the case may be) at any time to hello@liverpoolst.com. In such circumstances:
(a) if notice is received by Liverpool St by or on the 20th of a calendar month, the Monthly Subscription or Bi-Monthly Subscription will be deemed to terminate on the 21st of that calendar month; or
(b) if notice is received by Liverpool St on or after the 21st of a calendar month, the Monthly Subscription or Bi-Monthly Subscription will be deemed to terminate on the 20th of the next calendar month.
Liverpool St may terminate your Monthly Subscription or Bi-Monthly Subscription or the Account with written notice to you.
Fees
You agree to pay the fees for your Selected Products & Services specified on the Website (“Subscription Fees”) and the delivery fees specified on the Website (“Delivery Fees”):
(a) for a Monthly Subscription, on the 24th of each calendar month (or the next business day) during the Subscription Term;
(b) for a Bi-Monthly Subscription, on the 24th of the first calendar month (or the next business day) during the Subscription Term, and then on the 24th of each second calendar month (or the next business day) after that, during the Subscription Term.
Such Subscription Fees and Delivery Fees are inclusive of GST payable, if any.
You agree to pay the Subscription Fees and Delivery Fees for your Monthly Subscription or Bi-Monthly Subscription (as the case may be) in advance, on the 24th of the calendar month (or the next business day) prior to Liverpool St sending you your Selected Products & Services for that Monthly Subscription or Bi-Monthly Subscription.
You acknowledge that Liverpool St will only send you the Selected Products & Services for your Monthly Subscription or Bi-Monthly Subscription (as the case may be) if the Subscription Fees and Delivery Fees have been paid in accordance with these Terms & Conditions. Liverpool St reserves the right to refuse to send the Selected Products & Services for a particular calendar month of the Subscription Term if your payment in respect of such Selected Products & Services has not been received. You acknowledge and agree that it is your responsibility to ensure that your credit card details are accurate and up to date at all times. You acknowledge and agree that you will not hold Liverpool St liable for any loss or damage or delay suffered arising from a failure of Liverpool St to deliver the Selected Products & Services in accordance with the timeline for your subscription.
Variations to Subscription
To change from a Monthly Subscription to a Bi-Monthly Subscription (or vice versa), you must terminate your Monthly Subscription or Bi-Monthly Subscription in accordance with these Terms & Conditions, and create a new Monthly Subscription or Bi-Monthly Subscription.

To change your Monthly Subscription or Bi-Monthly Subscription to increase or decrease the number of Selected Products & Services contained in that subscription, you may submit a written request to Liverpool St at hello@liverpoolst.com. In such circumstances:
(a) if notice is received by Liverpool St by or on the 20th of a calendar month, the change will be deemed to take effect on the 21st of that calendar month (or the next business day); or
(b) if notice is received by Liverpool St on or after the 21st of a calendar month, the change will be deemed to take effect on the 20th of the next calendar month (or the next business day).
Liverpool St will adjust the Subscription Fees accordingly.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order for Products & Services 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 the same customer or by or under the same Account or credit card, and/or orders that use the same billing and/or shipping address. In the event that 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 judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information in the Account and for all purchases of Products & Services made through the Website. You agree to promptly update the 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.
For more detail, please review our Returns Policy.

SECTION 7 - ACCOUNT
You acknowledge and agree that only you are authorised to access and use the Account and that you must not allow any other person to access or use the Account or your username or password.
You must only access and use the Account in good faith, legally and in the manner intended.
You must only use the Account for your own personal individual use and not for any other purpose.
You must immediately notify Liverpool St if you become aware of any unauthorised use or breach of security of the Account.
You must act in good faith at all times towards Liverpool St and provide assistance and cooperation as and when reasonably requested by Liverpool St including implementing practicable remedies to stop breaches or improper or unauthorised use of the Account from occurring.
You must comply with all applicable laws governing or affecting the access and use of the Account.
You must not license, sell, transfer, vary, part with possession of, use or otherwise deal with the Account except as specifically permitted pursuant to these terms and conditions or as otherwise agreed in writing by us.
You must not use the Account to transmit any unlawful, harassing, libelous, defamatory, discriminatory, abusive, threatening, harmful, vulgar, obscene, sexual or otherwise objectionable material of any kind or nature.
You acknowledge and agree that your access and use of the Account is at your sole risk.
Liverpool St will not be liable to you for any loss or damage (including any remote, indirect, consequential or incidental loss or damage) suffered by you in accessing or using the Account.
You must keep your username and password for the Account strictly confidential and not disclose it to any other person.
You acknowledge and agree that Liverpool St may amend at any time, your username, password and other security procedures for accessing and using the Account.
In the absence of notice from you that the confidentiality of your username and password has been compromised, Liverpool St will be entitled to construe all activity in relation to the Account using that username and password as being for and on behalf of you, and you agree to pay all fees so incurred and to take responsibility for all actions and omissions of persons using your username and password.

SECTION 8 - THIRD-PARTY LINKS
Certain External Content available via the Website may include content 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 we do not warrant and will not have any liability or responsibility for any third-party content, materials or websites, or for any other content, materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of products, 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.

SECTION 9 - USER COMMENTS AND CONTENT
If you send or generate specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”) or you send or upload data, graphics, photos, videos or links (“User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, such Comments and User Content.
We are under no obligation (1) to maintain any Comments or User Content in confidence; (2) to pay compensation for any Comments or User Content; or (3) to respond to any Comments or User Content.
We may, but have no obligation to, monitor, edit or remove Comments or User Content or other content or information that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that your Comments and User Content 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 and User content will not contain libelous or otherwise unlawful, abusive or obscene material. You must not transmit any computer virus or other malware or code that could in any way affect the operation of the Website or supply of Products & Services 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 or User Content. You are solely responsible for any Comments and User Content you provide and their accuracy. You are responsible for all Comments and User Content you provide, and you indemnify us for any loss or damage we suffer arising from the Comments and User Content you provide us and/or from your breach of this Section 9.
You acknowledge and agree that you will not hold us liable for your Comments or User Content or for any External Content, third party comments or user content made available to you by us.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here, to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Notwithstanding any other provision of these Terms & Conditions, occasionally there may be content on our Website, the Account or in relation to the Products & Services 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 for Products & Services in such circumstances without prior notice (including after you have submitted your order).
We have no obligation to update, amend or clarify information on the Website, the Account or on any related website or relating to the Products & Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, the Account or on any related website or relating to the Products & Services, should be taken to indicate that all information on the Website, the Account or on any related website or relating to the Products & Services has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set out in the Terms & Conditions, you are prohibited from using the Website or its content, the Account or the Products & Services: (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 engage in false or misleading conduct; (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 Website or of any related website, other websites, the Account or the Internet or the Products & Services; (h) to collect, disclose, use or store 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 Website or any related website, other websites, the Account, the Internet or the Products & Services. We reserve the right to terminate your access and/or use of the Website or any related website, the Account or the Products & Services for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your access or use of the Website, the Account and/or our Products & Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results or information that may be obtained from the access or use of the Website, the Account and/or Products & Services will be accurate or reliable.
You agree that from time to time we may remove access and/or use of the Website, the Account and/or Products & Services for indefinite periods of time or cancel access and/or use of the Website, the Account and/or Products & Services at any time, without notice to you.
You expressly agree that your access to, use of, or inability to use, the Website, the Account and/or Products & Services is at your sole risk. To the extent permitted by law, the Website, the Account and Products & Services supplied to you are (except as expressly stated by us) provided 'as is' and 'as available' for your access and 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.
In no case shall Liverpool St, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential or exemplary damages of any kind, including, without limitation damages for lost profits, revenue, savings, data use or other intangible losses, personal injury, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your access or use of the Website, the Account or the Products & Services, or for any other claim related in any way to your access or use of the Website, the Account or Products & Services, 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, or inability to use, the Website, the Account or Products & Service or any content (or product) posted, transmitted, or otherwise made available via the Website, the Account or the Products & Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The parties agree that where you have a Monthly Subscription or Bi-Monthly Subscription, Liverpool St’s liability is limited to the re-supply or replacement of the Selected Products & Services or a refund of the Fees paid for the Selected Products & Services, as reasonably determined by Liverpool St.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Liverpool St and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms & Conditions 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 & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms & Conditions for all purposes.
These Terms & Conditions are effective unless and until terminated in writing by either you or us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we may terminate these Terms & Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination. Accordingly we may deny you access to our Products & Services (or any part thereof) and/or the Account.
We may reject your purchase, or cancel your purchase, subscription and/or the Account, for any reason, at any time, in our sole discretion.

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this Website or in respect to the Products & Services constitutes the entire agreement and understanding between you and us and govern your access and use of the Website, the Account and your purchase and use of the Products & Services, 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 & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you Products & Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

SECTION 19 - FORCE MAJEURE
Liverpool St will not be in breach of its obligations or warranties or liable for damages or otherwise for any delay or failure to comply with these Terms & Conditions caused directly or indirectly by any force majeure event. A force majeure event means an event or circumstances in the nature of “force majeure” including but not be limited to fire, flood, storm, cyclone, accidents, plague, earthquakes, inclement weather, natural catastrophe, explosion, riots, explosions, wars, hostilities, terrorism, an act or threat of force or violence by a person or group of persons which forms its nature from political, religious, ideological or other purposes, national emergency, labour disputes, industrial actions, telecommunication, internet, power or technology interruption or failure, computer virus, act of God, national emergency, change to legislation, regulation, code or by-law, any form of government intervention that prevents fulfilment of obligations under these Terms & Conditions, breakdown, destruction or non-availability of essential plant and equipment, or shortage, delay, interruption or cancellation of transportation which prevents or hinders Liverpool St from complying with its obligations and warranties under these Terms & Conditions, and which was outside Liverpool St’s reasonable control.

SECTION 20 – BUSINESS DAYS
For the purposes of these Terms & Conditions, a “business day” is a day when the banks are open for business in New South Wales, Australia.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at hello@liverpool.st.