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Lilly & Whisk  - Website Terms of Use 

Last updated: 2 June 2022

This website (Site) is operated by Lilly & Whisk, ABN 83 653 406 877 (we, our or us). It is available

at: www.lillyandwhisk.com and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site)

(Terms). Please read these Terms carefully and immediately cease using our Site if you do not

agree to them. 

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site.

We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information

on this Site (Content) are subject to changewithout notice. We do not undertake to keep our Site up-to-date and

we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable

licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior

written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable

to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including

(without limitation)

1.Anything that would constitute a breach of an individual’s privacy (including uploading private or personal

information without an individual's consent) or any other legal rights;

2.Using our Site to defame, harass, threaten, menace or offend any person;

3.Interfering with any user using our Site;

4.Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging

or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming

routines that may damage or interfere with our Site;

5.Using our Site to send unsolicited email messages; or

6.Facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that

competes with our business. 

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site,

or any of the Content, for commercial purposes, including any advertising or advertising revenue generation

activity on your own website or any other platform, without obtaining a licence to do so from us.

Information: The Content is not comprehensive and is for general information purposes only. It does not take

into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable

attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty

in relation to it, to the maximum extent permitted by law. 

Intellectual Property rights:Unless otherwise indicated, we own or licence all rights, title and interest (including

intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to

any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

You must not: 

1.Copy or use, in whole or in part, any Content; 

2.Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any

third party; or

3.Breach any intellectual property rights connected with our Site or the Content, including (without limitation)

altering or modifying any of the Content, causing any of the Content to be framed or embedded in another

website or platform, or creating derivative works from the Content.

User Content:You may be permitted to post, upload, publish, submit or transmit relevant information and content

(User Content) on our Site. By making available any User Content on or through our Site, you grant to us a

worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with

the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display,

publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through

or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.

You represent and warrant that: 

1.You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and

releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);

and

2.Neither the User Content nor the posting, uploading, publication, submission or transmission of the User

Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or

violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation

of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time

(at our sole discretion),

remove any User Content.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise,

we do not control, endorse or approve, and are not responsible for, the content on those websites.

You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.

We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible

for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties

about our Site or the Content, including (without limitation) that:

1.They are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

2.Access will be uninterrupted, error-free or free from viruses; or

3.Our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or

expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent

(Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the

Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data

and/or the fact that the Content is incorrect, incomplete or out-of-date. 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any

Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these

Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other

obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or

incur any Liability before enforcing a right of indemnity under these Terms. 

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.

In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these

Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming

there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing

a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior

managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to

resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of

every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not

resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute,

within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the

other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must

be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a

provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without

affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria (VIC). You irrevocably and

unconditionally submit to the exclusive jurisdiction of the courts operating in VIC and any courts entitled to

hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies

with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from

outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction

where you access our Site.

Online Store Terms:

Our store is hosted by Ecwid. They provide us with the online e-commerce platform that allows us to sell our

products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province

of residence, or that you are the age of majority in your state or province of residence and you have given us your

consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service,

violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions:

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and

involve  (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or

access

to the Service or any contact on the website through which the service is provided, without express written permission

by us.
 

Modifications to Service & Price:

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue

the

Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party

for any

modification, price change, suspension or discontinuance of the Service.
 

Products & Services:

Certain products or services may be available exclusively online through the website. These products or services

may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear

at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic

region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities

of any products or services that we offer. All descriptions of products or product pricing are subject to change at any

time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained

by you will meet your expectations, or that any errors in the Service will be corrected.

Product Sizes:

All stated product weights on the website are approximate only and may have a margin of error. We do our best to

ensure all weights are as close to what is listed; however, we cannot guarantee to match exact weights.

Accuracy of Billing & Account Information:

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities

purchased per person, per household or per order. These restrictions may include orders placed by or under the same

customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event

that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing

address/phone number provided at the time the order was made. We reserve the right to limit or prohibit

orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at

our store. You agree to promptly update your account and other information, including your email address and

credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third Party Links:

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible

for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility

for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any

other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and

practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or

questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions:

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you

send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or

otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,

distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under

no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond

to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are

unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or

violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy,

personality or other personal or proprietary right. You further agree that your comments will not contain libellous or

otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in

any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend

to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume

no liability for any comments posted by you or any third-party.

Errors, Inaccuracies & Omissions:

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies

or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit

times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update

information or cancel orders if any information in the Service or on any related website is inaccurate at any time

without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including

without limitation, pricing information, except as required by law. No specified update or refresh date applied in the

Service or on any related website, should be taken to indicate that all information in the Service or on any related

website has been modified or updated.

Shipping and Processing:

Depending on your online store order and complexity of customisation, processing time may vary. Please allow

two (2) business days of processing time for your online store order plus the estimated shipping time you select

to receive your order. 

If you require urgent service please contact us at sweettoothmelb@gmail.com to see if it is possible before ordering,

additional charges may apply.

For any questions and notices, please contact us at:

Lilly & Whisk , ABN 83 653 406 877

Email: info@lillyandwhisk.com