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Terms and Conditions of Use | 2023-07-10Page 1LASOO CUSTOMER TERMSLast updated: 10 July 20231. User Agreement1.1 By using the Lasoo website (available at www.lasoo.com.au), App and mobile site(Website), and Lasoo social media pages (together, Lasoo Platform), you (Customer)accept these terms and conditions (Terms) and our Privacy Policy these Terms arebetween you and Lasoo (referred to in these Terms as "we", "us" or "our"). We maychange these Terms at any time, and changes will be posted on the Website. Bycontinuing to use the Website, you agree to be bound by the changes.2. Specific terms applicable to marketplace sales2.1 Lasoo operates as a marketplace platform that allows independent, third partysellers (Sellers) who abide by our standards to list and sell goods and services onour Website (Listed Products). The listing will contain the Seller's details in additionto any terms of sale specific to the Listed Products (such as delivery timetables).2.2 By buying Listed Products, you are transacting directly with the Seller, and Lasoo isnot a party to the transaction. As a result, we do not control any aspects of thetransaction, including the listing content and accuracy or the quality, shipping anddelivery of the Listed Products.2.3 You agree that as a platform for Sellers, we are not responsible for the transactionsthat occur between you and the Seller, nor are we responsible for the Seller's ListedProducts to the extent permitted by law. Lasoo makes no warranty or representationregarding the standard of any Listed Product to be supplied by the Seller. Nothing inthis clause is intended to have the effect of restricting or modifying your rights orour obligations that cannot be restricted or modified by law (including the AustralianConsumer Law).3. Registration and User Requirements3.1 You must be a registered member to access some features of the Lasoo Platform orour services. When you register, you will provide us with personal informationincluding your name, address, and a valid email address. You must ensure thisinformation is accurate and current.3.2 By using the Lasoo Platform and its associated functionality, you grant your expressconsent to us to send you direct marketing communications to you, from which youmay unsubscribe at any time. Direct marketing may include emails, SMS notificationsand other forms of communication. Your consent to receive certain communicationsmay be implied from the use of certain functional aspects of our service, such as
Terms and Conditions of Use | 2023-07-10Page 2receiving reminders that items are in your shopping cart if you leave the page duringa transaction3.3 To register an account or to use the Website you must be at least 18 years old, havea current Australian residential address and have capacity to enter into a legallybinding agreement with us.4. Access and use of the website4.1 You must only use the Website through the interfaces provided by us and inaccordance with these Terms and any applicable law.4.2 You must not (or attempt to):(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or theservers or networks that host our site;(b) use (or attempt to use) data mining, robots, screen scraping or similar datagathering and extraction tools on our site;(c) interfere (or attempt to interfere) with security-related or other features of our site;or(d) use, copy or distribute (or attempt to use, copy or distribute) content without ourexpress permission.4.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. Ifyou have an account with us, you are solely responsible for the activity that occurson your account (including orders placed using your account), and you must keepyour account password secure. We are not responsible for any unauthorised activityon your account if you fail to keep your account login information secure.4.4 You must not use another member's account without our, and/or the other user's,express permission. If you suspect or become aware of any unauthorised use of youraccount or that your password is no longer secure, you must notify us immediatelyand take immediate steps to re-secure your account (including by changing yourpassword).4.5 We do not warrant that the Website will be available at all times and withoutdisruption and we provide no warranties in relation to the content of any otherwebsite linked to or from our Website.5. Information on this Website5.1 Information about Listed Products on the Website is based on material provided bySellers, suppliers and/or product manufacturers. Except as required by law(including the Australian Consumer Law) we cannot be held responsible for
Terms and Conditions of Use | 2023-07-10Page 3inaccuracies or errors caused by incorrect information supplied to us or by thesethird parties.5.2 You agree to make your own enquiries to verify information provided and to assessthe suitability of Listed Products before you order the Listed Products.5.3 Due to photographic and screen limitations associated with the representation ofgoods, some actual goods (including, in particular, clothing, apparel and shoes) maydiffer to a small extent in visual appearance (for example in colour) from the way theyappear on the Website. In addition, where it is suitable to do so, some depictions ofproducts or services are created or chosen by us for promotional purposes, and maynot be an exact representation of the product or service received.6. Disclaimer and Liability6.1 To the fullest extent possible at law, we exclude all liability to you or anyone else forloss or damage of any kind or nature relating in any way to the Lasoo Platformincluding, but not limited to, loss or damage you might suffer as a result of:(a) errors, mistakes or inaccuracies on the Lasoo Platform;(b) you acting or not acting, on any information contained on or referred to on the LasooPlatform and/or any linked Website;(c) personal injury or property damage of any nature resulting from your access to or useof the Lasoo Platform;(d) any unauthorised access to or use of our secure servers and/or personal informationand/or financial information stored on those servers;(e) any interruption or cessation of transmission to or from the Lasoo Platform;(f) any bugs, viruses, trojan horses or other harmful code or communications which maybe transmitted to or through a Lasoo Platform by any third party; and/or(g) the quality of any product or service of any linked sites.6.2 We do not warrant, endorse, guarantee or assume responsibility for any product orservice advertised or offered by a third party through the Lasoo Platform or anylinked Website or featured in any banner or other advertising. We will not be a partyto or in any way responsible for monitoring any transaction between you and Sellersof Listed Products.6.3 Where any law (including the Australian Consumer Law) provides a guarantee whichmay not be lawfully excluded, our liability will be limited to that provided by law.6.4 When you order Listed Products via the Lasoo Platform, you enter into a supplycontract with the Seller. Except as required by law, in no event shall we, our affiliatesand related entities or our suppliers be liable for any loss or any special, incidental
Terms and Conditions of Use | 2023-07-10Page 4or consequential damages arising out of or in connection with the Lasoo Platform orthese Terms (however arising, including negligence). You agree to accept soleresponsibility for the legality of your actions under the laws that apply to you. Youagree that we, our affiliates and related entities or our suppliers have noresponsibility for the legality of your actions.6.5 Except as expressly provided to the contrary in these Terms, the Lasoo Platform andServices are provided on an ‘as is’ basis, and neither Lasoo nor any of Lasoo'saffiliates make any representations or warranties of any kind, express or implied,including without limitation any implied warranties of fitness for purposes,merchantability, or non-infringement of third-party rights. Implied warranties arisingfrom Lasoo's dealings or normal trade usage are expressly excluded. You agree tothese Terms based on your own investigations, and Lasoo makes no representationor warranty that the Lasoo Platform or Services will be suitable for yourrequirements, secure or accessible, or provided free from interruption or error.6.6 To the maximum extent possible at law, Lasoo's liability to you in respect of allclaims is limited to the lower of the total amount of the cost in respect of the orderplaced by you and AUD$100.6.7 Lasoo accepts no liability for any aspect of your interaction with Sellers, includingbut not limited to the delivery and performance of the products and services.7. Indemnity7.1 You will at all times indemnify, and keep indemnified, us and our directors, officers,employees and agents from and against any loss (including reasonable legal costsand expenses) or liability incurred or suffered by you or by us arising from any claim,demand, suit, action or proceeding by any person against you or us where such lossor liability arose out of, in connection with or in respect of your conduct or breach ofthese Terms.8. Placing Orders8.1 You are responsible for any discrepancies or errors in your order caused by you.8.2 The promotion of Listed Products on the Lasoo Platform does not constitute an offerto sell. It is an invitation to treat only.8.3 Orders placed by you are offers to purchase either:(a) a voucher for particular goods and/or services under these Terms, and any thirdparty supplier/Seller terms and conditions at the price specified (including deliveryand other charges); or
Terms and Conditions of Use | 2023-07-10Page 5(b) goods under the terms and conditions in these Terms at the price specified(including delivery and other charges).8.4 When you place an order for a Seller’s Listed Products:(a) you acknowledge and agree that a supply contract is formed between you andSeller for the supply of the Listed Products which are the subject of the order;(b) we will send the order to the Seller for confirmation, at which time they may acceptor reject your order. Where a Seller rejects your order, we will refund you for theorder and associated shipping charges. You will receive confirmation that your orderhas been accepted by the Seller via email; and(c) The Seller will be committed to fulfil the order once the payment for the ListedProducts is received by Lasoo.8.5 We use automated fraud detection software that may result in your order beingdelayed or cancelled. Lasoo may at Lasoo's absolute discretion, assess you forpotential fraudulent transactions. Lasoo will not be responsible for any orderscancelled in accordance with this clause other than to refund you and to refund itsassociated fees to the Seller as stated above. Lasoo may, in addition and at Lasoo'sabsolute discretion, impose transaction limits on your to limit fraudulent activity.8.6 Lasoo may refer fraudulent or abusive or illegal activity to the relevant authoritiesand in doing so disclose information to such authorities relating to your account.9. Price, Payment and Use of Discount/Coupon Codes9.1 The prices of goods, delivery and other charges shown are in Australian dollars.9.2 All payments must be received in full prior to dispatch of goods or a voucher beingissued. If your payment is not received or is declined by us, your bank or credit cardissuer, we cannot and will not hold items against your order.9.3 A discount code is only valid for a single transaction, and may not be used inconjunction with any other discounts.10. International Sellers and Direct Import Goods10.1 Some third-party Sellers are based in overseas countries. By purchasing goods fromthese Sellers and importing them into Australia you may be required to comply withAustralian laws and standards that apply to the importation of such goods.10.2 Some products or orders from overseas Sellers which exceed the low-value importthreshold (currently $1,000AUD) may be subject to an additional amount of GSTcollected from you by the Australian Customs and Border Force. Please check
Terms and Conditions of Use | 2023-07-10Page 6www.border.gov.au.11. Store Credits11.1 If you have an account with us, any unused portion of your Store Credit shall becredited to your account.11.2 To the extent permitted by law, Lasoo reserves the right to change any of the Termsand conditions in relation to its Store Credit upon the provision of reasonable notice,including by notice on the Lasoo Platform.11.3 Store credits expire after 12 months from the date of issue. Unless otherwise statedin any promotional materials or elsewhere by us, store credits issued for promotionalpurposes, or otherwise at our discretion (including for goodwill purposes) will expireafter 3 months.11.4 Store credits cannot be redeemed for cash or used for the purchase of gift cards.Where a minimum spend applies to any promotional event on the website, storecredits do not count towards the minimum spend totals.12. Shipping and Delivery12.1 Lasoo is not responsible for the delivery of Listed Products. All delivery obligationsare the responsibility of the relevant Seller.13. Packaging and Labelling13.1 We endeavour to depict goods available for order using accurate images of thegoods. At times, however, goods actually delivered may to a small extent differ inappearance and packaging from their appearance in images and photographs on theLasoo Platform.13.2 We recommend that you read the labels and instructions on foods or otherconsumables prior to consumption or use.13.3 Because some goods are imported or originate from outside of Australia, theirpackaging, ingredients, composition and quality may vary from the same or similarproduct available in Australia and made directly for the Australian market.14. Software and Technology Purchases – Limitation of Liability14.1 You acknowledge that storage media such as hard drives in laptops, external harddrives, SD cards and USB keys can fail without warning, leading to a loss of data.
Terms and Conditions of Use | 2023-07-10Page 7You should regularly back up software stored on the media. In the event that storagemedia ordered from us becomes faulty, fails or otherwise detrimentally affectssoftware or data stored on it, except as required by law, we will not be liable for anyloss or damage to the software or data.14.2 If you return storage media (such as a hard disc drive) whether separately or as apart of another product, to a Seller for any reason, including replacement or repair,we and the Seller will not be responsible for any software or data stored on the media.We and the Sellers make no representation that we will be able to repair or replaceany product without risk to or loss of the software or data.15. Digital Access Codes (Games, movies and other digital content)15.1 Any digital access codes offered on the Lasoo Platform (i.e. Steam keys, UPlay gamecodes etc.) are sold subject to the terms of use of third party distribution channelsand the software or content unlocked by such codes is subject to intellectualproperty rights of third party licensors. Your use of the software or content (i.e. game,music, video etc.) may be restricted by Digital Rights Management ("DRM") code orsoftware controls embedded in the content by the licensor of the said content. Lasoois not responsible for application of any DRM, or the effect it may have on your useof the content and we are not liable for the operation of DRM. You should check theuser terms of the associated software or content distributor prior to purchasing anyaccess keys.15.2 You are responsible for determining whether your PC or user device is compatiblewith the software or content unlocked by access codes you purchase on the site. Forrecommended specifications, consult the product listing, or alternatively thepublisher or distributor (i.e. Steam) website. Redemption of software or content willrequire high-speed internet access. Your ISP may charge you additional amounts fordata usage, and you must familiarise yourself with these charges prior to purchasingany access keys.15.3 For trouble redeeming your codes, you should first contact the relevant distributionchannel (i.e. Steam) for technical assistance.16. Refunds and Returns16.1 To request the refund or return of a Listed Product, the Customer may contact Lasooby:(a) emailing Lasoo at order@lasoo.au), or(b) calling the Lasoo customer support centre on 02 9161 1593.16.2 Lasoo will pass on the request for return or refund to the Seller.
Terms and Conditions of Use | 2023-07-10Page 816.3 The Customer must provide the following information when contacting Lasoo:(a) invoice number;(b) Listed Product name;(c) quantity of products to return; and(d) refund reason.16.4 Where an item is returned, the Seller will either inspect the Listed Product andinvestigate any claimed defect, or in some cases, send the goods to third parties forassessment and/or repair.16.5 Where applicable, the Seller may provide a remedy in relation to your ListedProducts. Lasoo is not responsible and will not be held liable for providing remedieswith respect to Listed Products.16.6 If the Seller does not believe a remedy is applicable upon inspecting your ListedProducts (for example, where the Seller believes the goods have been misused, orthere was a failure to use in accordance with manufacturer's instructions, used it inan abnormal way or there has been a failure to take reasonable care), the Seller mayreject your claim or request and return your Listed Products to you. You must coverthe cost of return shipping in order to receive Listed Products the Seller has rejectedon inspection, and the Seller will provide you with instructions on how to make thispayment.16.7 Where a Seller has approved a refund request, refunds will be issued using thepayment method used for purchase.17. Defective Goods17.1 All goods sold on Lasoo are by Sellers and come with guarantees that cannot beexcluded under the Australian Consumer Law. You are entitled to a replacement orrefund for a major failure and compensation for any other reasonably foreseeableloss or damage. You are also entitled to have the goods repaired or replaced if thegoods fail to be of acceptable quality and the failure does not amount to a majorfailure.17.2 Any product warranty given by Lasoo Sellers will apply in addition to other rightsand remedies you may have under the Australian Consumer Law.17.3 Goods that you purchase from our site from Sellers may contain warrantydocuments on or inside the packaging provided by the manufacturer of the product.Any such warranty documents are not given by Lasoo’s Sellers, and rights you mayhave in relation to those warranties are separate to any warranty rights given to youby Lasoo Sellers. Some warranty documents provided by manufacturers of importedgoods may not apply in Australia. You should contact the manufacturer identified on
Terms and Conditions of Use | 2023-07-10Page 9the warranty document to determine whether or not the warranty applies to thegoods in Australia and, if so, how you should go about making a claim under such awarranty.18. Dispute Resolution – Seller Goods18.1 The Seller has made returns and refunds policies and procedures available to youas part of the listing for the Seller’s goods and services.18.2 If you have a query or complaint with a Seller, Lasoo will resolve the incident withyou in accordance with the law and Lasoo’s stated policies.18.3 Where you have lodged a complaint about a product or service or a purchase, Lasoowill facilitate the complaint with the Seller via the functionality enabled on the LasooPlatform.18.4 The Seller is responsible for acceptance and processing of returns, and arrangementor replacement or repairs, and is liable for payment of refunds, where applicable.18.5 Any dispute or controversy arising from these Terms that cannot first be settled bymutual negotiation between the parties must, prior to the issue of any formal legalproceedings in a court, must be submitted to a binding arbitration in accordance withand subject to the Resolution Institute Arbitration Rules. Unless the parties agree onan arbitrator, either party may request a nomination from the Chair of the ResolutionInstitute.18.6 The place for any arbitration conducted in relation to these Terms shall be in Sydney,NSW, Australia and all proceedings shall be conducted in English.19. Purchase and Sale of Liquor or Alcohol Products19.1 Lasoo supports the Responsible Service of Alcohol, as defined under relevant lawsand regulations. It is against the law to sell or supply liquor or alcohol products to,or to obtain liquor or alcohol products on behalf of, a person under the age of 18years.19.2 Lasoo is not regulated as a supplier of liquor or alcohol products, as it neither sellsor delivers such products. It may facilitate a market where Sellers offer liquor oralcohol products to you, but Lasoo is not responsible for matters related to suchsupply, including without limitation where the liquor or alcohol products aredelivered on the same day or to intoxicated persons. If you order liquor or alcoholproducts, you release us of all liability as a supplier of such products.19.3 Certain laws may declare your area a dry zone. As a consequence, Sellers may beunable to deliver orders for liquor or alcohol products to certain addresses.
Terms and Conditions of Use | 2023-07-10Page 1019.4 Certain laws may also mean that Sellers will be unable to deliver orders for liquor oralcohol products on the same day or at certain times of day.19.5 By placing an order for liquor or alcohol products, you represent and warrant thatyou and/or the recipient of the products are at least 18 years old and are notintoxicated at the time of placing the Order. It is an offence to falsely represent aperson of legal age to order liquor or alcohol products and to obtain liquor or alcoholproducts on behalf of a person who is under 18 years. You will be required to provideevidence of your identity and age using a valid form of identification (ID Evidence).Lasoo may use a digital ID provider to verify ID Evidence. Lasoo’s acceptance of IDEvidence is in Lasoo’s absolute discretion. You may also be required to verify youridentity on delivery of the liquor or alcohol product.19.6 Customers may request self-exclusion from same day delivery of liquor or alcoholproducts from a Seller on the Lasoo platform. If a Customer requests self-exclusion,Lasoo will advise the Seller not to supply liquor or alcohol products to that Customer.20. Social Media and Content20.1 You understand that all information, such as comments, messages, text, files,images, photos, video, sounds and other materials (Content) posted on, transmittedthrough or linked from the Lasoo Platform or other like application or site that allowsfor the publication of user generated material (Social Media), is the soleresponsibility of the person from whom such content originated.20.2 You understand that we do not control and are not responsible for content madeavailable through the Lasoo Platform unless it originates from us. Consequently, byusing the Lasoo Platform you may be exposed to content provided by third partiesthat is offensive, indecent, inaccurate, misleading or otherwise objectionable. Youuse the Lasoo Platform at your own risk and to the extent permissible at law we donot accept liability in this regard.20.3 As a member or participant on the Lasoo Platform, you agree that you areresponsible for any content submitted, posted or made available through the LasooPlatform and you must not post (or allow) content to be posted that:(a) you do not have the right to post;(b) is defamatory or in contempt of any legal or other proceedings;(c) is misleading or deceptive;(d) is offensive or discriminates against any group of persons being a group defined byreference to colour, race, sex, origin, nationality or ethnic or national origins;(e) denounces religious or political beliefs;(f) contains religious or political material;
Terms and Conditions of Use | 2023-07-10Page 11(g) is indecent, obscene, vulgar, pornographic or offensive;(h) infringes any copyright, trade mark, patent or other intellectual property right of anotherperson;(i) contains any unsolicited or unauthorised advertising or promotional material;(j) contains or links to viruses, malware, spyware or similar software; or(k) impersonates any person or misrepresents your relationship with any person.20.4 We reserve the right, at our absolute discretion, to pre-screen, refuse or remove anycontent from the Lasoo Platform without giving any reasons.20.5 You understand and agree that we may retain server and backup copies of yoursubmitted content even if you have altered, removed or deleted your content frompublic display.21. Intellectual Property21.1 All content, graphics, user and visual interfaces, photographs, trade marks, logos,sounds, music, artwork, and computer code, including but not limited to the design,structure, selection, coordination, expression and arrangement of such materialcontained or used in the Lasoo Platform is either owned, controlled, or licensed toLasoo, or is otherwise subject to the intellectual property rights of third parties andis protected by copyright, patent and trademark laws and various other intellectualproperty rights. We reserve all intellectual property rights, including but not limitedto, copyright in material and/or services provided or authored by us. Nothing in theseTerms gives you a right to use any of our marketing material, business names,trademarks, logos, domain names or other distinctive brand features.21.2 Other trademarks used on the Lasoo Platform that belong to third parties are usedwith permission and remain the intellectual property of the third party.21.3 You may not:(a) modify or copy the layout or appearance of the Website nor any computer software orcode contained in the Website; or(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or accessany source code related to the Website.21.4 If you correspond or otherwise communicate with us, you automatically grant to usan irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use,copy, display and distribute the Content of your correspondence or communicationand to prepare derivative works of the Content or incorporate the Content into otherworks in order to publish and promote such content. This may include, but is notlimited to, publishing testimonials on the Lasoo Platform and developing your ideasand suggestions for services.
Terms and Conditions of Use | 2023-07-10Page 1222. Transfer and Assignment22.1 You agree and acknowledge that, in the event that we merge, sell or otherwisechange control of our company, our business or the Lasoo Platform to a third-party.22.2 We shall be permitted without giving notice or seeking prior consent from you, todisclose the personal information and other data that we have collected from you tothe third party.22.3 We shall be entitled to assign the benefit of any agreements we have with you to thethird party.23. General23.1 These Terms do not guarantee the ongoing provision of the services. Lasoo may, atany time and at Lasoo’s absolute discretion, restrict or modify the Customer’s useof the services.23.2 We will not be liable for any delay in performing any of our obligations under theseTerms if such delay is caused by circumstances beyond our reasonable control.23.3 These Terms will be governed by and interpreted in accordance with the laws of NewSouth Wales, Australia. You irrevocably submit to the exclusive jurisdiction of thecourts of the State of New South Wales, Australia.23.4 If any part of these Terms is found to be void, unlawful or unenforceable then thatpart will be deemed to be severable from the balance of these Terms and the severedpart will not affect the validity and enforceability of any remaining provisions.23.5 If we do not exercise or enforce any right or provision under these Terms, it will notconstitute a waiver of such right or provision. Any waiver of any provision underthese Terms will only be effective if it is in writing and signed by us.24. Privacy and Personal Information24.1 If you provide us with any personal information our Privacy Policy will govern howwe will use or disclose that information. Please review and understand our PrivacyPolicy.
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