TERMS OF USE
PLEASE READ CAREFULLY BY ACCESSING, USING OR BROWSING THIS WEBSITE YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF USE AND CONDITIONS BELOW The website is owned and operated by LAP-RAP PTY LIMITED In these Terms of Use conditions the "Supplier", "we", "our", or "us" are references to the registered holder of the "www.lap-rap.com" domain name, LAP-RAP Pty LIMITED ACN 131 450 532("LAP-RAP"), a company duly incorporated in the State of New South Wales The "Customer" or "you" are references to the purchaser who via the LAP-RAP website ("Website") has offered to purchase product from the Supplier, and whose offer has been accepted by the Supplier.
1. ACCEPTANCE OF TERMS By using this site, you agree to these terms of use and conditions. If you do not agree to the following terms of use, you must immediately exit this site. 2. RESPONSIBILITY FOR CONTENT You agree that LAP-RAP Pty Limited has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. You acknowledge and agree that LAP-RAP Pty Limited may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with laws or regulations; (b) enforce these terms of use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LAP-RAP Pty Limited, its users and the public. You acknowledge and agree that LAP-RAP Pty Limited will apply a cancellation fee if unsuitable material is uploaded by a customer for use as a lap-rap, refer 15. CANCELLATION BY SUPPLIER
3. YOU INDEMNIFY LAP-RAP PTY LIMITED You agree to indemnify and hold harmless LAP-RAP Pty Limited against any loss or harm that you suffer as a result of using this site. You agree that LAP-RAP Pty Limited may but is not obliged to screen the content of this site. You also indemnify and hold harmless LAP-RAP Pty Limited, its subsidiaries, officers, and agents against all loss, liability, claims, damages and expenses suffered by LAP-RAP Pty Limited whether arising directly or indirectly from your use of the site (including content that you have submitted). 4. YOU ARE RESPONSIBLE FOR YOUR MEMBERSHIP You are responsible for the use of your membership and protection of your password. Do not give your membership information, including your password to any third party. 5. PRIVACY LAP-RAP Pty Limited reserves the right to release your private information to authorities and your internet service provider if you conduct any illegal activities or otherwise breach these terms and conditions. 6. CONDUCT You agree not to engage in any activity that is disruptive or is detrimental to the use of this site The site may provide links to other World Wide Web sites or resources. Because LAP-RAP Pty Limited has no control over such sites and resources, you acknowledge and agree that LAP-RAP Pty Limited is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. 7. BREACH OF THESE TERMS AND CONDITIONS You agree that LAP-RAP Pty Limited, in its sole discretion, may terminate your password, account, membership (or any part thereof) and remove and discard any Content within the Service, for any reason, including, without limitation, if LAP-RAP Pty Limited believes that you have violated or acted inconsistently with the letter or spirit of these terms of use. LAP-RAP Pty Limited reserves the right to contact any authority or other relevant party and disclose any personal information and information regarding your conduct. 8. CONDITION OF SUPPLY ACCEPTANCE OF CUSTOMER'S ORDER These terms and conditions apply to every order ("Order") for goods and/or services placed via the Website ("Goods") between the Supplier and the Customer. A contract is only concluded between the Supplier and Customer for the supply of the Goods when the Order has been accepted by the Supplier. 9. CONDITION OF SUPPLY Goods supplied by us may not be sold or offered for sale by you without our prior written permission.
10. DISPATCH Orders will not be dispatched until payment in full in the form of cleared funds has been received and we are satisfied with the integrity of the Order. 11. PRICES All prices are expressed in Australian dollars and are exclusive of delivery/freight charges and we may invoice the Goods sold at the price relevant to the Goods ordered at the date of each Order. Where we disclose a price list, this list is an invitation to treat only and we reserve the right to accept or reject in our absolute unfettered discretion any Order which may be received by it. Prices of goods and services, postage and handling fee, and other charges displayed on the Website are current at the time of display. These prices are subject to variation without notice. You are taken to have accepted the price that is applicable at the time of ordering. 12. PROPERTY & RISK The risk in the Goods passes when all or parts of the Goods are dispatched for delivery from our premises. Notwithstanding anything contained herein, property in and legal title to the Goods does not pass to you until payment in full has been received by us. 13. CATALOGUE/WEBSITE AND SAMPLES You acknowledge, agree and accept that there may be variations in the colour and/or finish of any actual products supplied to you compared with the product as displayed on your computer screen: (a) from those as appearing on our Website; (b) from those as appearing in any catalogue; or (c) from any samples which may be distributed by us from time to time. 14. PAYMENT LAP-RAP will only accept payment via PAYPAL for Goods ordered through the Website. Both LAP-RAP & its on-line customers are bound by PAYPAL’s printed Terms & Conditions when using this payment gateway facility. 15. CANCELLATION BY SUPPLIER We reserve the right not to provide Goods or cancel Orders at its sole discretion. We will not be liable for any loss or damage (including consequential loss or damage) arising out of the exercise of this right. A cancellation fee of $15.00AUD (minimum) will be charged to cover all administration costs and offset bank any charges. The cancellation fee will be taken from the customer’s PAYPAL payment when reversed. The customer will be formally advised by email. 16. CANCELLATION BY CUSTOMER Cancellation of any Order by the Customer may only occur prior to processing of your payment. 17. DELIVERY Our Delivery information is available via "Delivery Information" link on our Website. 18. AGE You warrant and undertake that you are at least 18 years of age and the authorised owner of the credit/debit card details which you supply to us. 19. ILLEGAL USE You warrant that you will not use any of the Goods for any fraudulent or illegal purpose and that you will not submit any image that: (a) is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way; or (b) would constitute, assist or encourage an offence or a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or (c) infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or (d) use the Goods to transmit or invite access to any images described in paragraphs (a) through (c) above, and you accept and undertake that you will be liable for any action that maybe taken against us in relation to such activities and will fully indemnify us and hold us harmless against all actions, claims, demands or costs which may arise as a result.
20. ACKNOWLEDGEMENT You acknowledge and agree that: (a) you are solely responsible for the content and accuracy of all data, information and images uploaded and all other material provided to us; (b) we do not review or vet the material or information that is placed or uploaded on the Website for accuracy or otherwise. However, we reserve the right to remove from our Website or system any content that violates these Terms of Use and Conditions, is otherwise objectionable or potentially infringes any third party rights or potentially violates any laws; and (c) we will be under no liability in respect of any error or defect in the goods or services provided arising out of the materials or information provided to us by you. 21. RIGHT TO DECLINE We reserve the right to decline to print any image. You acknowledge and agree that if you breach any illegal use provision contained in Condition 19, we may decline to print the offending image/s and you will be deemed to have forfeited all monies paid and that your membership will be terminated immediately. 22. RETURNS AND DESTRUCTION POLICY By purchasing the products of LAP-RAP you agree to the below terms and conditions. - Refunds/exchanges will be paid in full if goods are faulty
- There will be no refunds/exchanges if you simply change your mind
- Refunds/exchanges may take up to 2 weeks to process.
If you are not satisfied with your LAP-RAP purchase of a product, please email
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
for a Return Material Authorisation (RMA) request within 14 calendar days of the receipt of the product. Configure-to-order, personalised or other customised product may not be returned for refund or exchange under any circumstances. If the item is returned unopened in the original packaging, we will exchange it or offer you a refund based on your original method of payment. The product must be returned to LAP-RAP Head Office within 14 calendar days of the issuance of the RMA. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. A 50% open package fee will be assessed on any opened product. NOTE: LAP-RAP recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to LAP-RAP or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking and (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping. 23. INTELLECTUAL PROPERTY Copyright in the Website is property of the Supplier. Material on this Website comprises copyright material, trademarks and registered trademarks which are the property of the Supplier and third party licensors. This property may only be used for the purposes of browsing the Website and acquiring goods and services via the Website. You warrant that you are the owner of the copyright in any material that you send to us for reproduction. Where you utilise third party licensors' images and materials on the Website, you will not have any ownership rights in those images and you may not reproduce or copy these in any way. 24. UPLOADING OF IMAGES We strongly recommend that before submitting any digital images to us you retain a copy for yourself to use in the unlikely event of your images being lost or corrupted. 25. IMAGE QUALITY We do not guarantee the image quality of any product produced using images supplied by you. For best results, we recommend that all images uploaded the size and format recommendations shown on our Website.
26. FORCE MAJEURE If delivery is prevented or delayed, in part or all, by reason of Act of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes, or by reason of riots, wars, hostilities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting of goods, ship shortage, manufacturer's bankruptcy, delays or damage in transportation or other causes beyond the our control, we may, at our option, perform the Order or the unfulfilled portion thereof within a reasonable time from the removal of the cause preventing or delaying performance, or rescind unconditionally and without liability this contract or the unfulfilled portion thereof. | 27. ACCEPTANCE Acceptance of the Goods shall be deemed for all purposes to have taken place immediately upon transfer of possession. You will be deemed to have accepted the Goods free of defects or other non-conformity with your Order unless we receive a written claim as to any defects or other non-conformity within 7 days in accordance with our returns policy (see Condition 22). 28. WARRANTY We do not warrant that: (a) the goods, products or Website are free of fault or error; (b) any information, data, image or other material downloaded or accessed through the Website is free of viruses, worms, trojans or other harmful or malicious software; (c) the goods will meet your requirements, other than as expressly set out in these Terms of Use and Conditions or the Order. 29. EXCLUSIONS AND LIMITATIONS These Terms of Use and Conditions do not exclude, restrict or modify the application of any statutory provision (including a provision of the Trade Practices Act 1974) where to do so would: (a) contravene that statute; or (b) cause any part of these Terms and Conditions to be void. We exclude all implied conditions and warranties with respect to merchantability, fitness for purpose, title and non-infringement except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this cause to be void ("Non-excludable Condition"). To the extent permitted by law, our liability to you for breach of any Non-excludable Condition (other than an implied warranty of title) is limited, at our option, to refunding the price of the goods and/or services in respect of which the breach occurred or to providing, replacing those goods and/or providing those services again. Except for liability for breach of any Non-excludable Condition and to the extent permitted by law: (c) we exclude liability for any consequential or indirect loss or damage; (d) our total liability to you (including any breach of any provision of a contract between us) arising directly or indirectly in relation to the provision of any goods and/or services, is limited to the amount paid by you to us for those goods and/or services; and (e) in circumstances where paragraph (b) above cannot legally operate, our total liability to you (including any breach of any provision of a contract between us) arising directly or indirectly in relation to the provision of any goods and/or services, is limited to the agreed price of those goods and/or services. If the images you submit for printing are of value, or you are using the service for business purposes, such that, in the event your images were damaged destroyed or lost, your loss would exceed that amount, you should contact us before you place your order or register or upload any images (as applicable) in order to discuss taking out appropriate insurance (which will be your responsibility). 30. COMPUTER VIRUSES All care is taken to ensure that the Website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses. You must conduct such tests and virus scanning to ensure that data and images uploaded by you on and from the Website does not contain any computer viruses and will not in any away corrupt the Website or computer system of the Supplier. 31. INFORMATION PROVIDED BY CUSTOMER If you purchase Goods, we may require you to provide your name, address, email address, credit card number, recipient's name, recipient's address or other details ("Customer Information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide the Supplier with current, complete and accurate Customer Information when asked to do so by the Website or an employee of the Supplier. 32. PRIVACY We take care to respect your privacy when you visit our web site and LAP-RAP complies with the provisions of the Privacy Act 1988. We do not sell, rent or otherwise distribute your information outside of the company. We only use the information we collect about you for three purposes: 1. To facilitate your requirements by ensuring your enquiry's are forwarded to the correct people, and 2. To enable us to send you relevant marketing and email newsletter materials. 3. Facilitate your purchase transaction Other than statistical information we do not collect information about you through our website other than where you provide it to us We Provide Essential Online Information We provide clear, complete and up-to-date information online about our business and the products and services we offer. This includes how to get in touch with us. This information is designed to help you make informed choices. If you discover a problem with any of the services we offer, we can be e-mailed at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Information Collection/Use We only collect customer information that is necessary for what we do. In addition, we limit the collection of highly sensitive information about customers (e.g., racial, ethnic origin, political opinions, etc.) because, in general, although such information is important to the work that we do, it is not necessary to collect it from the visitors to our website. We always tell you who we are and what we intend to do with your information when we receive it. We strive to be open - we will let you know what sort of personal information we hold, how we collect it, how we use and disclose it, if you want to know. Some personal information is gathered when your register for certain services offered. We may also ask for personal information at other times. We may also use a technology called 'cookies' in connection with our site in order to provide you with tailored information. A cookie is a tiny element of data that a web site can send to your browser, which may then be stored on your hard drive so we can recognise you when you return. You may set your browser to notify you when receive a cookie. We also ensure that your personal details are accurate, complete and up-to-date when we use or collect them through our verification process. We only collect personal information by lawful and fair means. This means we are never unreasonably intrusive when it comes to dealing with our customers. From time to time, we may also collect non-personal information from our customers. This helps us in our ongoing efforts to improve our website and the on-line experience for our visitors. We also monitor our customers’ usage of our website to make improvements and provide other items you might want to know about. We Will Respect Your Preference We may also use the information we collect to keep you abreast of changes in our website, to inform you about new products and services, or to let you know about special offers you might find worthwhile. If you would rather not receive this information, you can visit our Contact Us page and let us know. We always provide customers with an opportunity to opt-out of receiving future offers via e-mail. If you don't wish to receive new information, just e-mail us at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
and we will delete your details from all internal marketing lists and future campaigns. Offering Information to Other Parties We only use information to meet your requirements of us or improve our website. Strict confidentiality agreements are in place with all organisations to ensure they only access database information for system maintenance requirements, production and dispatch. This information is not available to any other organisations. No company outside of LAP-RAP can access secure client information. Please note that this policy only covers the LAP-RAP website at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
. Links within this website to other web sites are not covered by this policy. Privacy is a sensitive issue. At anytime, if you believe we have not adhered to these principles, please let us know us by e-mail at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
and we will make every effort to review and correct the problem. 33. CHILDREN'S PRIVACY It is important that any information provided by, or in relation to, children has the consent of their parent or guardian. 34. INFORMATION SECURITY We use the latest internet security and encryption technology to protect your Customer Information. We will update our internet security measures as and when required to ensure that the integrity of your information is maintained. 35. GOODS AND SERVICES TAX ("GST") (a) All amounts expressed or described in any Order between the Customer and Supplier are GST exclusive amounts unless expressly stated otherwise. (b) The Supplier will do all things reasonably available to it to assist the Customer to claim on a timely basis any input tax credits (if any) the Customer may be entitled to claim for purchase of goods. This includes the Supplier maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under this Agreement on a timely basis as reasonably requested by the Customer. 36. GOVERNING LAW All contracts between the Supplier and the Customer shall be governed by the laws of the State of New South Wales and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of New South Wales (and any courts which can hear appeals from such courts). 37. INDEMNITY (a) You acknowledge and agree to indemnify us, our affiliates, officers, employees, contractors and agents from and against any and all claims, actions, demands, proceedings, suits, penalties, fines, judgments, costs, losses, damages, omissions, injuries and expenses, including legal fees (on a solicitor-own-client basis) and expenses, which are related to, in connection with or arise out of or incidental to the provision by us to you of any Goods sold or delivered or breach of any term of these Terms of Use and Conditions. (b) In the event that you neglect and/or fail and/or refuse to defend, indemnify or hold us harmless, you acknowledge and agree: (i) to being joined by us as a party to any proceeding as contained in Condition 37(a) initiated against us; (ii) to pay to us all legal and other costs (on a solicitor own client basis) associated or in connection with the joiner of you; (iii) waive and forever abandon any rights which you may have against us to claim or seek payment of any costs orders which may be made against us in favour of you in connection with any proceedings initiated as a consequence of Condition 37(a) herein. 38. INTERPRETATION In these terms and conditions, unless the contrary intention appears: (a) a reference to a person (including a party) includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association or any government agency; (b) a reference to a particular person includes a reference to the person's executors, administrators, successors, substitutes (including persons taking by novation) and assigns; (c) a reference to a document (including these Terms and Conditions) includes any variation of it; (d) the singular includes the plural and vice versa; (e) the words "include", "including" or "such as" are not used as, nor are they to be interpreted as words of limitation; (f) if a payment or other act must (but for this clause) be made or done on a day which is not a business day in Sydney, then it must be made or done on the business day in Sydney; (g) this document must not be construed adversely to a party solely because that party was responsible for preparing it. 39. COPYRIGHT LAP-RAP maintains this website for your personal information, education, entertainment, product purchases, and communication. All material, graphics, icons, illustrations, images, information, logos, photographs, software, text, on the website ("Content") are the property of LAP-RAP, its suppliers and/or licensors unless expressly indicated otherwise on the website. The Content is protected under Australian and international copyright laws. The Content is for your personal, non-commercial use, you are not permitted to modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute the Content or any part of it in any way except as expressly provided for on the website or expressly authorised in writing by LAP-RAP. © 2008 LAP-RAP All rights reserved. 40. CHANGES TO THIS POLICY LAP-RAP reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected
|