This document sets out the terms which you may use our Website, Payment Plans, and Social Media. Please carefully read all terms and conditions before using our Website and Social Media.
Acceptance of Website and Social Media Terms and Conditions
- You accept and consent to the Website and Social Media Terms and Conditions and the Returns Policy in full by using our Website and Social Media.
- You must not use our Website and Social Media if you do not accept the Website and Social Media Terms and Conditions.
We grant you a non-exclusive, non-transferable, revocable, limited licence to:
- View and use information accessible from the Website and Social Media; and
- Purchase goods or services from the Website.
You must not:
- Cause damage or interfere with accessibility to the Website and Social Media;
- Use it in connection with illegal, fraudulent or harmful purposes or activities;
- Store, transmit or distribute Malicious Computer Program; or
- Conduct any systematic or automated data collection activities.
Intellectual Property Rights
We own or are licensed to use our intellectual property in the Website and Social Media. You may only view and download Content on the Website for coaching purposes and print a single copy of Content for personal use.
You must not:
- Republish any Content from this Website and Social Media;
- Present any Content in public;
- Reproduce or exploit any Content on this Website and Social Media for commercial purpose;
- Edit or otherwise modify any Content on the Website and Social Media; or
- Redistribute any Content from this Website and Social Media unless we expressly permitted redistribution
You may upload Posts on the Website and Social Media subject to this clause.
Intellectual Property Rights
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world-wide licence to use any intellectual Property in Posts, including rights to:
- Copy, reformat, edit or translate;
- Publicly perform or present;
- Distribute for any purpose including for commercial or advertising purpose; and
- Incorporate in our Website and Social Media or any other work.
- IP Licence in relation to that material ends when you delete that Post but you need to understand that even if you delete Posts, we may still keep back-ups for a reasonable period of time.
Monitoring of Website and Social Media
We have not reviewed and cannot review all Posts and we are not responsible for liability arising out of your Post. We may, at our sole discretion, pre-screen, reject or remove any Post you provide for any reason.
Third Party Websites and Materials
Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website; Third Party Website means a website operated by a third party.
We do not verify, endorse or approve Third Party Material. We provide no warranty or representation about Third Party Material:
- Regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
- as to whether they infringe any intellectual property rights.
We are not responsible for:
- Any offers, statements or representations that are made on behalf of a Third Party Website; or
- Malicious Computer Program from Third Party Websites.
We may receive payments from a Third Party Website in relation to goods and services supplied by them as a result of you linking to the Third Party Website from our Website and Social Media.
Limitation of Liability
In this clause, a Covered Party means: Us, our affiliates, and any other officer, director, employee, sub-contractor, agent, body corporate or successor; and each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor.
To the maximum extent permitted by law, a Covered Party is not liable for liability arising out of or related to:
- Content provided to you for free-of-charge;
- Inaccuracy, errors or omissions with content;
- Unavailability or interruption of usage of the Website and its services;
- Any delay of failure in performance beyond the reasonable control of a covered party; and
- Loss of data.
To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from content or use of the Website or Social Media.
To the extent we cannot exclude liability and to the fullest extent permitted under the law, a Covered Party's aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
In case of goods, any one or more of the following:
- Replacement of goods or supply of equivalent goods;
- Repair of the goods;
- Payment of costs of replacing the goods or acquiring equivalent goods; or
- Payment of costs of repairing goods; and
In case of services
- Supply of the services again; or
- Payment of the cost of supplying the services again.
- In case of any other damages, $100.00.
Nothing in this agreement will exclude or limit our liability in respect of any:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation on the part of us; or
- Matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude, or limit, its liability.
You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
- Your breach of these Website and Social Media Terms and Conditions; and
- Any Claim that you have breached these Website and Social Media Terms and Conditions.
You agree that:
- We may store cookies on your device; and
- We may issue and request cookies from your device to collect both personal and non-personal information.
You may disable cookies on your browser if you do not agree to the Cookies Policy.
You agree that we may use, including but not limited to, following types of Cookies:
- Authentication Cookies;
- Session Cookies;
- Persistent Cookies; and
- Flash Cookies.
- Improve the performance by reporting any errors that occur;
- Provide statistics about how the Website and Social Media is used;
- Remember settings that you use for our Website and Social Media;
- Identify and show that you are logged into the Website and Social Media;
- Link to social networks like Facebook, Twitter, Instagram;
- Provide more suitable ads tailored to you.
Lay-buy Terms, Agreements, and Contract
Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com has identified core principles we believe are integral and imperative for all Lay-Buy agreement deals transacted through our PUT IT ON LAY-BUY powered by PayPal checkout payment option to be fair and reasonable per the Fair Trading Act 1999.
The following principles below therefore make up the Terms & Conditions for any Lay-Buy or Layby contract and related transactions entered into. This applies to all and any lay-by contract template utilized by both the vendor or consumer:
Record of Payment
A record of payments transaction history will always be available for both the merchant and buyer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed lay-by policy.
Storage and Identification of Lay-Buy Products
Product’s on Lay-Buy will be set aside and stored separately to other products. Products will be clearly identified as ‘Lay-By contract’ products by a number or some other identification.
Cancellation of Lay-Buy by Buyer
The buyer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising seller in writing or if seller agrees, orally.If a buyer cancels a Lay-Buy, seller will, if so requested by the seller, give the buyer a “cancellation statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to seller under all Lay-By terms and conditions; and
c) The total amount paid under the Lay-Buy; and
d) Any amount owing to either the buyer or seller under the layby terms on the cancellation of the Lay-Buy.If seller does not accept the buyer’s oral cancellation it is obliged to give/send the buyer a duly completed Lay-By Form of Cancellation immediately.
Cancellation of Lay-Buy by Seller
The seller under a Lay-Buy must not cancel it unless –
a) The buyer breaches a term of the Lay-Buy; or
b) The seller stops trading; or
c) The products are no longer available
Cancellation on breach by Buyer
If a buyer has breached a term of a Lay-Buy and seller intends to cancel the Lay-Buy, before doing so seller must –
a) Give the buyer notice of seller’s intention to cancel the Lay-Buy; and
b) Allow the buyer at least 14 days within which to rectify the breach; and
c) The notice to be given has to be:I) in writing, sent to the buyer’s last known address, or, if the buyer so agrees, orally; and
II) must specify the breach of the Lay-Buy for which the Lay-Buy is being cancelled; and
III) must state the time within which the buyer must rectify the breach;
IV) must state the matters listed per below:* the purchase price of the products;
* all cancellation charges payable under the agreement; and
* the total amount paid under the Lay-Buy;
* any amount owing to either the buyer or seller under the terms of the Lay-Buy on the cancellation of the Lay-Buy.The Lay-Buy is cancelled at the end of the period specified in the notice unless the buyer rectifies the breach before then or Seller agrees not to cancel it.
Cancellation where business closes
If Seller under a Lay-Buy agreement proposes to stop trading before the agreement is completed, Seller must give notice of the proposal to the buyer and must either –
(a) allow the buyer 7 days within which to complete the agreement; and
(b) cancel the Lay-Buy
Cancellation where products not available
If the products are no longer available, Seller must cancel the Lay-Buy and refund all monies to the buyer.
Effect of Cancellation
Subject to the above, when a Lay-Buy is canceled by either party, Seller must refund all money paid within 14 days less an AUD $25 cancellation fee. There are circumstances which prohibit Seller from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where Seller has breached a term of the Lay-Buy statement.
Seller shall charge the buyer an AUD $25 cancellation fee under the terms of all Lay-Buy deals.
Banking Charges back Fees
The seller shall be entitled to pass on to the buyer all chargeback fees received by any given bank for any given customer charge back from any given Lay-Buy deal.
Seller shall not charge the customer any interest charges, membership fee or service fee on any Lay-Buy sales transaction. Lay-Buy Financial Solutions Pty Ltd trading as www.lay-buys.com charge an admin fee, which is a one-off 0.9% of the total order value at checkout. The buyer will pay this amount to Lay-Buys at checkout at time of paying the down payment. This fee is an admin fee and is therefore not refundable.
Seller shall have to report in place for all Lay-Buy deals covering Down Payment made Lay-Buy period, Frequency of payments required, Payment amount required per installment; and a full record of all payments made to-date (amount and date on which made).
The seller will only dispatch the buyer product/s after receiving the final installment payment for all Lay-Buy deals.
a).This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
b). This Agreement may be amended only by a written instrument duly executed by all parties hereto.
c). The parties hereby represent and warrant that each of them has full legal right, power, and authority to enter into this Agreement and to carry out its obligations hereunder.
d). This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
e). Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Breach of Terms and Conditions
If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
- Issuing a warning notice;
- Suspending your access to the Website and Social Media;
- Prohibiting your access to the Website and Social Media; or
- Bringing court proceedings against you.
Website and Social Media Terms and Conditions terminate automatically if we cease to operate the Website and Social Media.
We make no representation that Content is appropriate or available for use in other locations and jurisdictions. This agreement is governed by the laws of New Zealand. The Parties submit to the exclusive jurisdiction of the courts of the New Zealand. No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
We may make changes to the Website and Social Media and these terms and conditions at any time without notification.
This Agreement embodies the whole Agreement between the Parties relating to the subject matter of this Agreement and supersedes all previous agreements in respect of your usage of our Website and Social Media.
If all of any part of any provision of this Agreement is invalid or unenforceable, then;
- That provision is severed from this Agreement to the extent necessary to remove the invalidity or illegality; and
- The remaining provision of this Agreement remains valid and enforceable.
Survival of Certain Terms
The terms of this Agreement which are capable of having effect after this Agreement ends continue to have full effect, including clauses in relation to:
- Protection of intellectual property;
- Post-agreement restraints; and
- Guarantees, warranties, indemnities, and limitation of liability.
//Last edited - 12/07/17