This page (together with the documents referred to on it) outline the terms and conditions under which we supply any of the products listed on our website [www.ilovethisbox.com.au] (our Site) to you via our subscription service (Products). Please read these terms and conditions carefully before subscribing to ILoveThisBox or ordering any Products from our Site. You should understand that by becoming a member or by ordering any of our Products, you agree to be bound by these terms and conditions.

Kindly print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. Information about us

1.1 We operate the website (www.ilovethisbox.com.au). We are ILoveThisBox.com.au Pty Ltd (ILovethisBox), a company registered in Australia under company registration number: 152735585 and with our registered offices and main trading address at PO Box 3352, Bellevue Hill 2023, NSW.

2. Service availability

Our site is only intended for use by people resident in Australia. We do not accept orders from individuals outside of Australia.

3. By placing an order through our site, you warrant that:

§  you are legally capable of entering into binding contracts; and

§  you are at least 18 years old;

§  you are resident in Australia; and

§  you are accessing our site from that country.

4. How the contract is formed between you and us

4.1 The Subscription plan to our service consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription at launch has an initial payment that recurres each month if you are on a monthly plan. ILoveThisBox may submit periodic charges (e.g. monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before ILoveThisBox reasonably could act. To terminate your authorisation or change your payment method email support@ilovethisbox.com.au 

4.2.1 Until 1st April 2012, by subscribing to ILoveThisBox you are agreeing to pay 14.95 AUD (fourteen Australian Dollars and ninety five cents) monthly subscription or 164 AUD (one hundred and sixty four Australian dollars) annual subscription until such time as you cancel. Monthly subscriptions are not subject to a minimum subscription term and you can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation. Annual subscriptions are subject to a minimum 12 month period.

4.2.2 Starting April 1st, 2012 - by subscribing to ILoveThisBox you are agreeing to pay 19.90 AUD (Nineteen Australian Dollars and ninety cents) monthly subscription or 219 AUD (two hundred and nineteen Australian dollars) annual subscription until such time as you cancel. Monthly subscriptions are not subject to a minimum subscription term and you can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation. Annual subscriptions are subject to a minimum 12 month period.

4.3 To cancel your subscription at any time, you must logon to your ILoveThisBox account or email support@ilovethisbox.com.au and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

5. Consumer rights

5.1 If you are contracting as a consumer, you may cancel your membership at any time within seven working days, beginning on the day you made payment for your subscription.

5.2 To cancel your monthly subscription at any time, you must logon to your ILoveThisBox account or email support@ilovethisbox.com.au and we will do it for you.

5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in your confirmation email. This provision does not affect your other statutory rights as a consumer.

6. Subscription Price and payment

6.1 The price of membership can vary from time to time. This does not affect your recurring payments. Delivery is included in your membership fees.

6.2 Membership fees include GST.

6.3 Membership fees and delivery charges are liable to change at any time, but changes will not affect orders in respect of which have already been placed, i.e. your recurring payments. A $10 delivery fee for re-shipping the package will be collected in case the delivery was sent back to our facility due to not picking up the package from the post office on time.

6.4 We accept Visa and Mastercard credit card payments, most debit cards and electronic fund transfers. Your credit or debit card will be charged immediately after taking out a membership package. 

7. Cancellation of the subscription service and return of damaged Products

7.1 If you return a Product to us:

7.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full. However, you may be responsible for the cost of returning any items already sent to you by us.

7.1.2 or any other reason (for instance, because you have notified us in accordance with clause 17 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8. Product information; limitation on quantities

Excluding any content, which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

9. Online Shop - Shipping

10. Online Shop - Return Policy

11. User submitted content

ILoveThisBox does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant ILoveThisBox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant ILoveThisBox.com.au the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. ILoveThisBox will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

12. Warranty 

We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

13. Limitation of liability

In no event shall ILoveThisBox, it's affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based upon warranty, contract, tort or otherwise, even if ILoveThisBox has been advised or should have known of the possibility of such damages or losses.  In no event shall the total liability of ILoveThisBox, it's affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to ILoveThisBox in connection with the event giving rise to such liability. 

14. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Indemnification

You agree to indemnify, hold harmless, and defend ILoveThisBox, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defence, including legal fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

16. Notices

All notices given by you to us must be given to ILoveThisBox at support@ilovethisbox.com.au. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

17. Transfer of rights and obligations

17.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17.4 It is at our discretion to renew monthly subscriptions.

17.5 We reserve the right to pass on personal data to specially selected third parties for research purposes.

18. Events outside our control

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

18.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

18.2.1 strikes, lockouts or other industrial action;

18.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

18.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

18.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

18.2.5 impossibility of the use of public or private telecommunications networks; and

18.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19. Waiver

19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

20. Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21. Entire agreement

21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

21.4 Nothing in this clause limits or excludes any liability for fraud. 

22. Our right to vary these terms and conditions

22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). 

23. Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Australia.