Terms & Conditions
Terms and Conditions of Use for LVL UP (XVEE Enterprises)
Effective Date: 20/09/2024
Welcome to LVL UP, operated by XVEE Enterprises. These Terms and Conditions ("Terms") govern your use of our website (the "Site"), and your purchase of products from our e-commerce store. Please read these Terms carefully before using the Site or making any purchases. By accessing or using any part of our Site or services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using our Site and services.
1. General Information
The LVL UP website is operated by XVEE Enterprises (referred to as "we", "us", or "our"). By accessing or using the Site, you represent that you are at least the age of majority in your state, province, or country of residence. You also agree to be legally bound by these Terms, which include all policies referenced herein.
2. Use of the Site
By using this Site, you agree to the following conditions:
- You will use the Site only for lawful purposes and in accordance with these Terms.
- You will not use the Site for any illegal or unauthorized purposes.
- You agree not to attempt to interfere with the Site's proper functioning.
- You will not use any automated means, including bots or scrapers, to access the Site without our express written permission.
We reserve the right to refuse service to anyone at any time, for any reason, in our sole discretion.
3. Accuracy of Information
We strive to ensure that all information on our Site is accurate, complete, and current. However, we are not responsible for any inaccuracies or omissions. We reserve the right to correct any errors or inaccuracies, and to update or modify information at any time without prior notice, including information regarding pricing, availability, and product descriptions. Your sole remedy for any inaccurate information is to stop using the Site.
4. Account Creation
To purchase products from our Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to accept responsibility for all activities that occur under your account. We reserve the right to terminate accounts, cancel orders, or refuse service at our sole discretion.
5. Pricing and Payment
- Pricing: All prices listed on the Site are in Australian Dollars (AUD) unless otherwise specified. Prices do not include applicable taxes or shipping fees, which will be calculated at checkout. We reserve the right to change prices at any time without notice.
- Payment: We accept major credit cards, debit cards, and other payment methods as indicated on the Site. You agree to provide current, complete, and accurate billing information. Your purchase is subject to verification of your payment details.
- Sales Tax: You are responsible for any applicable taxes associated with your purchase, based on your location and the shipping destination.
- Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order. We may require additional verification or information before accepting any order.
6. Shipping and Delivery
Please refer to our Shipping Policy for information regarding shipping and delivery. We are not responsible for any delays or failures in delivery due to circumstances beyond our control, including but not limited to, natural disasters, shipping carrier delays, or customs issues.
7. Returns and Refunds
Please refer to our **Return Policy** for details on returns, exchanges, and refunds. We reserve the right to refuse returns or exchanges for any reason in our sole discretion.
8. Intellectual Property
All content on the Site, including text, images, graphics, logos, product designs, and software, is the property of LVL UP or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or otherwise exploit any content from the Site without our express written consent. Unauthorized use of any content may violate intellectual property rights and result in legal consequences.
9. User-Generated Content
You may be allowed to submit reviews, comments, and other content to the Site. By submitting content, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, publish, and distribute the content in any media. You represent that the content you submit does not infringe on any third-party rights and is not unlawful, defamatory, or otherwise objectionable. We reserve the right to remove or edit any content at our discretion.
10. Third-Party Links and Services
Our Site may contain links to third-party websites or services that are not owned or controlled by LVL UP or XVEE Enterprises. We do not endorse or assume any responsibility for the content, privacy policies, or practices of third-party websites. You acknowledge and agree that we are not responsible for any damages or losses caused by your use of any third-party websites or services.
11. Limitation of Liability
To the fullest extent permitted by law, LVL UP, XVEE Enterprises, its officers, directors, employees, affiliates, and suppliers shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Site, the inability to use the Site, or your purchase of any products from the Site. This includes but is not limited to, loss of profits, loss of data, or any other intangible losses.
12. Disclaimer of Warranties
All products and services provided through the Site are offered "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that the products will meet your expectations. We disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Indemnification
You agree to indemnify, defend, and hold harmless LVL UP, XVEE Enterprises, and its officers, directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of your use of the Site, your violation of these Terms, or your violation of any third-party rights.
14. Termination
We may terminate or suspend your access to the Site, or your account, at any time for any reason, including but not limited to, violations of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the use of the Site shall be resolved exclusively in the courts of Australia.
16. Dispute Resolution
If any dispute arises in relation to your use of the Site or the purchase of any products, we encourage you to contact us first to resolve the matter amicably. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration under the rules of the Australian Commercial Disputes Centre, and the decision of the arbitrator shall be final and binding on both parties.
17. Changes to Terms and Conditions
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be posted on this page, and the effective date of the updated Terms will be listed at the top. It is your responsibility to review the Terms periodically for any changes. Your continued use of the Site after any changes are made constitutes your acceptance of the updated Terms.
18. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
19. Entire Agreement
These Terms, together with any policies referenced herein, constitute the entire agreement between you and LVL UP (XVEE Enterprises) regarding your use of the Site and the purchase of products. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
20. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
LVL UP (XVEE Enterprises)
Email: info@lvlupsupps.com
Business Hours: Monday to Friday, 9:00 AM - 5:00 PM AEST
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By using the Site and purchasing products from LVL UP, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. Thank you for choosing LVL UP for your hydration needs!