Last Revision: 1 January 2022
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://lyrebirdverandahart.com (the “Website”), Lyrebird Enterprises (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website (the ‘Purchase Services’). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Lyrebird Enterprises reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Lyrebird Enterprises will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Lyrebird Enterprises encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Lyrebird Enterprises for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Lyrebird Enterprises sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Lyrebird Enterprises and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: comms@lyrebirdverandahart.com
3. You may send a written remove request to 72-74 Enterprise Avenue, Berwick Victoria 3806, Australia
Proprietary Rights: Lyrebird Enterprises has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Lyrebird Enterprises. Lyrebird Enterprises also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Goods and Services Tax (GST): If you purchase any Products, you will be responsible for paying any applicable taxes.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials which may include links to third-party websites. To the extent that Lyrebird Enterprises creates the content on this Website, such content is protected by intellectual property laws of the Australia, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Any links to third-party websites are provided solely as a convenience to you. Lyrebird Enterprises does not endorse the contents on any such third-party websites. Lyrebird Enterprises is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Lyrebird Enterprises is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Lyrebird Enterprises or the applicable third party (if third party content is at issue).
III. COPYRIGHT AND INTELLECTUAL PROPERTY
The Website, the Purchase Services and all of the related products and services of Lyrebird Enterprises are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Lyrebird Enterprises or its contributors.
Lyrebird Enterprises retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Lyrebird Enterprises; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Lyrebird Enterprises and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.
IV. TECHNICAL ADVICE
The statements, analysis or calculations you have received are based on information provided to Lyrebird Enterprises by you, or on behalf of you, and shall be used as general information only.
As Lyrebird Enterprises does not have a complete insight in, nor control over, the correctness of the input data provided to Lyrebird Enterprises, the use of the Lyrebird Enterprises drawings, advice or calculations by others, the project specific conditions (such as, but not limited to, properties of the soil or other supports, geometries, appropriate detailing and execution requirements, specific jurisdiction requirements, material properties and quality control associated therewith, specific installation conditions that may effect material properties, the nature and configuration of other building components attached, or with impact on the slab, wall, structure, application or project) or the proper application of the products in accordance with the applicable installation guidelines and accepted practices, the statements provided herein shall not be relied upon for any specific application without independent verification and assessment of suitability by the project’s engineer, architect, or another party acting in a similar capacity, as stipulated by the authority having jurisdiction or other applicable contractual regulations.
Therefore, while hypotheses used in these drawings, preliminary advice, or calculations are based on sound and established principles, they shall not be deemed as instruction for any specific application or project without subsequent independent analysis, evaluation, verification and assessment of appropriateness for such an application by the building engineer and/or architect of the project, since Lyrebird Enterprises is not, nor can it be considered as, an architect, and/or building engineer.
Based on the preceding, Lyrebird Enterprises hereby declines any liability whatsoever for losses and/or damages of whatever kind (and sustained by whomever) that might result from the above.
The official text of the disclaimer is its English version, as provided above. Any discrepancies or differences created in the translation shall not be considered binding or having legal effect for compliance, implication of liability or enforcement purposes.
V. USE OF PAYMENT SERVICES
In order to access Payment Services, or as part of your continued use of the Website, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
- Full Name
- Email address
- Billing and shipping address
- Telephone number
- Payment information
You warrant that any information you give to Lyrebird Enterprises in the course of completing the payment process will always be accurate, correct and up to date.
You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Lyrebird Enterprises; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
VI. PURCHASE OF PRODUCTS AND RETURNS POLICY
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
Payment of the Purchase Price may be made through Xero, Stripe or PayPal (the ‘Payment Gateway Providers’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Lyrebird Enterprises, you will be issued with a receipt to confirm that the payment has been received.
All prices stated are in Australian dollars. Prices of products and delivery charges displayed on this website are current at the time of viewing, but are subject to change at any time. Note that Lyrebird Enterprises have a standard 4-week lead-time on new orders. We try to keep some products on hand to minimise lead times where we can but this is not guaranteed. You can contact us on (03) 9707 4300 or sales@lyrebirdverandahart.com to ask if we have your product in stock before you place your order.
Lyrebird Enterprises may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Within 30 days of receipt of your order, you may return products that meet the following criteria:
- Have the original invoice attached
- All products must be returned in their original condition
- Are not used, painted, installed, broken or disassembled
- Are not damaged due to incorrect installation
- Are not custom made or specifically ordered
Once we have received your return, conducted an inspection of the return, and verified that your return meets the above guidelines a full refund will be issued. All applicable sales taxes will be refunded.
VII. DELIVERY
You acknowledge that the Purchase Services offered by Lyrebird Enterprises integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
In providing the Purchase Services, Lyrebird Enterprises may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Lyrebird Enterprises is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, Lyrebird Enterprises asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to despatch@lyrebirdverandahart.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
VIII. DISCLAIMER OF WARRANTIES
Use of the Website, the Purchase Services, and any of the products of Lyrebird Enterprises (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Lyrebird Enterprises, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Lyrebird Enterprises including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Lyrebird Enterprises) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
IX. LIMITATION OF LIABILITY
LYREBIRD ENTERPRISES ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS OR TECHNICAL DOCUMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
LYREBIRD ENTERPRISES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS AND TECHNICAL DOCUMENTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS AND TECHNICAL DOCUMENTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS AND TECHNICAL DOCUMENTS OR CONTENT; (3) ANY PRODUCTS AND TECHNICAL DOCUMENTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO; OR (4) ANY LOST PROFITS YOU ALLEGE.
YOU ACKNOWLEDGE THAT LYREBIRD ENTERPRISES ENGAGES DELIVERY SERVICES THROUGH THIRD-PARTIES AND YOU AGREE THAT LYREBIRD ENTERPRISES WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFIT OR OPPORTUNITY, OR DAMAGE TO GOODWILL ARISING OUT OF OR IN CONNECTION WITH THIRD-PARTY DELIVERY SERVICES.
X. INDEMNIFICATION
YOU WILL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LYREBIRD ENTERPRISES, AND ANY OF ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, OF THIRD PARTIES RELATING TO OR ARISING OUT OF (1) THIS AGREEMENT OR THE BREACH OF YOUR WARRANTIES, REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT; (2) THE WEBSITE CONTENT OR YOUR USE OF THE WEBSITE CONTENT; (3) THE PRODUCTS AND TECHNICAL DOCUMENTS OR YOUR USE OF THE PRODUCTS AND TECHNICAL DOCUMENTS; (4) ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY; (5) YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT; OR (6) ANY INFORMATION OR DATA YOU SUPPLIED TO LYREBIRD ENTERPRISES. WHEN LYREBIRD ENTERPRISES IS THREATENED WITH SUIT OR SUED BY A THIRD PARTY, LYREBIRD ENTERPRISES MAY SEEK WRITTEN ASSURANCES FROM YOU CONCERNING YOUR PROMISE TO INDEMNIFY LYREBIRD ENTERPRISES; YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED BY LYREBIRD ENTERPRISES TO BE A MATERIAL BREACH OF THIS AGREEMENT. LYREBIRD ENTERPRISES WILL HAVE THE RIGHT TO PARTICIPATE IN ANY DEFENSE BY YOU OF A THIRD-PARTY CLAIM RELATED TO YOUR USE OF ANY OF THE WEBSITE CONTENT OR PRODUCTS, WITH COUNSEL OF LYREBIRD ENTERPRISES CHOICE AT ITS EXPENSE. LYREBIRD ENTERPRISES WILL REASONABLY COOPERATE IN ANY DEFENSE BY YOU OF A THIRD-PARTY CLAIM AT YOUR REQUEST AND EXPENSE. YOU WILL HAVE SOLE RESPONSIBILITY TO DEFEND LYREBIRD ENTERPRISES AGAINST ANY CLAIM, BUT YOU MUST RECEIVE LYREBIRD ENTERPRISES PRIOR WRITTEN CONSENT REGARDING ANY RELATED SETTLEMENT. THE TERMS OF THIS PROVISION WILL SURVIVE ANY TERMINATION OR CANCELLATION OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR PRODUCTS.
XI. PRIVACY
Lyrebird Enterprises believes strongly in protecting user privacy and providing you with notice of our use of data. Please refer to Lyrebird Enterprises privacy policy published on the Website.
XII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
XIII. GENERAL
Force Majeure. Lyrebird Enterprises will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Lyrebird Enterprises may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Lyrebird Enterprises and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Lyrebird Enterprises to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Victoria, Australia. This Website originates from Berwick, Victoria Australia. This Agreement will be governed by the laws of the State of Victoria without regard to its conflict of law principles to the contrary. Neither you nor Lyrebird Enterprises will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Victoria. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Lyrebird Enterprises reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Lyrebird Enterprises may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Lyrebird Enterprises reserves the right to exercise whatever means it deems necessary to prevent unauthorised access of the Website. This Agreement will survive indefinitely unless and until Lyrebird Enterprises chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Lyrebird Enterprises makes no representation that the Website or Products are appropriate or available for use in locations outside Australia. Users who access the Website from outside Australia do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Lyrebird Enterprises may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
