Terms & Conditions
- The Sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by Latino4Life (ABN 99 153 987 549), or in the case of some material, a third party, where the third party has provided permission to use the content.
- You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on a Site, including audio and video excerpts, except as permitted by statute or with our prior consent.
- Our Sites include registered trade marks, and other marks that are otherwise protected by law. You may not use our trade marks without our consent or any third party’s trade marks without their consent.
- The Site may contain links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. You access those sites and use the information, products and services made available at those sites at your own risk.
- Many of the products and services offered for sale or advertised and much of the information provided via the Site are the products, services and information of third parties. These third party products, services and information are not necessarily provided or delivered by Latino4Life. Further, we may receive fees or commissions from third parties for products or services displayed or made available on the Sites or accessible through a link on the Sites. You acknowledge and consent to us receiving such fees.
3. USE OF SITES
You must not misuse this Site and only use it for lawful purposes. You will not use the Sites (including any of Latino4Life’s social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which:
- breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;
- interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites;
- is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
- commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful;
- that hacks or disables any part of the Site to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site;
- provide false information when registering or changing your registration details;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- interfere (or attempt to interfere) with security-related or other features of the Site.
Latino4Life will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.
- When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
- By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. If you have used another person’s card without their permission, you are personally liable for, and shall reimburse damages resulting from, the unauthorized use of that card. In case of an unfounded chargeback, you shall reimburse Latino4Life for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).
- We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
- Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an email from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
- To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
- give us accurate and current personal information including your name, address, and a valid email address
- you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
- You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
- You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
- We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
- Information about goods on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
5. SHIPPING AND RETURNS
Once you have clicked on the “confirm” button, it might be not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to Latino4Life investigation and discretion.
The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your (as a User) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Latino4Life will not make any refunds and will not resend the Product.
Latino4Life will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Latino4Life is at fault and (b) Latino4Life receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing. Latino4Life may ask you to provide photo evidence to support your claim. If you are unable to provide sufficient evidence, Latino4Life will not make any refunds and will not resend the Product.
Latino4Life will not issue a refund if you change your mind on the Product you ordered. By completing the checkout process and paying for the item, you indicate that you accept the design, size, colour, and the item will be packed and sent to you. Latino4Life will not make any refunds and will not resend the Product for a change of mind or incorrect size.
6. DESCRIPTION OF PRODUCTS
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
7. PURCHASE OF PRODUCTS
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products in the same order which we have not confirmed in an order confirmation email do not form part of that contract.
Latino4Life shall under no circumstances be held liable for any special losses due to specific circumstances of you and/or Customer, indirect or consequential losses, or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Latino4Life will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Latino4Life.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the product.
If you wish to cancel your order, please contact us via email [email protected] No cancellation fees will apply if your order has not been processed. Once an order has been processed it cannot be cancelled.
10. SOCIAL MEDIA
- Latino4Life uses a number of social media sites (eg Twitter, YouTube, Facebook, Instagram and Pinterest); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users
- Latino4Life does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on Sites or Latino4Life’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views
- Users must not post or upload any comment, content or link to the Sites or Latino4Life’s social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory
- Latino4Life may moderate user-posted content and may remove any content that, in Latino4Life’s opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed
- Latino4Life does not undertake to inform users when such content has been moderated or removed. Latino4Life may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion
- Where you post or submit content to a Site, you warrant that you:
- have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));
- Latino4Life may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Latino4Life) at any time in the future, and via any media;
- Latino4Life does not accept any responsibility or liability where content is downloaded;
- from the Sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Latino4Life does not accept any liability for such actions; and;
12. DISCLAIMER AND LIABILITY
- Latino4Life makes no representations or warranties of any kind, express or implied as to the operation of our Sites or the information, content, materials or products included on our Sites, except as otherwise provided under applicable laws;
- Neither Latino4Life, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our Sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information;
- You assume all risk of use of all features of a Site. You release Latino4Life of all responsibility for any consequences of their use;
- By continuing to access our Sites you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk;
- Our Sites and their contents are provided to you on “as is” basis; our Sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our Sites will always be available or fault- or virus- free;
- This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
- the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
- otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
- death or personal injury caused by our Breach of Duty;
- any breach of the obligations implied by law; or
- In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skillany other Liability which cannot be excluded or limited by applicable law.
Subject to clause 12:
- To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
- We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
- You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
- It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
- We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
- To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions.
- Our total Liability under any Contract shall in no circumstances exceed,
- in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
13. UPDATES & TERMINATION
- Latino4Life may vary these Terms at any time. By continuing to use the Sites you consent to any variations. It is your responsibility to regularly check these Terms for any variations
- At any time, we may, in our sole discretion, suspend or terminate the access to the Sites for any user without notice for any reason, including but not limited to a breach of these Terms. Suspension or termination shall not affect either party’s rights or liabilities
- Latino4Life may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Sites breaches these Terms, or any applicable laws
- Latino4Life may identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
These Terms and the Sites are governed by and construed in accordance with the State of New South Wales, Australia. If a dispute arises from these Terms, you agree to submit to the non- exclusive jurisdiction of the courts of New South Wales, Australia, except in relation to application for any injunctive relief sought by Latino4Life.
The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.