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Terms & Conditions
“Stay Lost” (referred to as “Stay Lost”, “we”, “us”, “our”) is the owner and publisher of the content contained in this website (“Site”). Your use of this Site is subject to these terms and conditions (“Terms”), our Privacy Policy and any other laws or regulations which apply to this Site. If you do not accept these Terms, you must refrain from using the Site.
Products and Services
Stay Lost operates the Site as an online store for the sale and purchase of retail goods.
The Site may contain information from a number of suppliers of retail products. The Site provides you with the opportunity to purchase goods or services provided by suppliers to Stay Lost for sale on the Site.
We are not an agent for the suppliers, nor are we an agent for any third party suppliers of any goods or services that are advertised on the Site.
Information contained on the Site about goods and services offered by a supplier is provided by that supplier. We do not monitor, verify or endorse information submitted by suppliers for posting on this Site and you should be aware that such information may be inaccurate, incomplete, out of date and may change at any time.
Product Reviews
By purchasing a product from Stay Lost you consent to receiving an email invitation to review your product purchase experience.
This helps us ensure we provide the highest quality service possible and create a premium level customer experience.
If you don’t wish to receive the product review invitation email please notify us within 5 days of placing your order using our websites contact form or email us at support@staylost.com.au
Please ensure that your review is genuine and correctly reflects your customer experience. Fake or misleading reviews will be removed.
Pricing and Payment
The price of goods ordered is the current price at the time of delivery, unless a specific price has been quoted. All prices are in Australian dollars.
Stay Lost currently accepts the following payment method options:
- Online payment via PayPal, Stripe, Zip Pay, Google Pay, Apple Pay or Afterpay using credit card, Paypal account, Zip Pay Account, Google Pay Account, Apple Pay Account or Afterpay account.
Credit Card
You may pay for goods using Visa, Mastercard & American Express
Choosing to pay by credit card is an efficient way of shopping on the Site, as orders will be processed once confirmation of payment is received.
Note
At no time is Stay Lost accountable or responsible for payment processing delays, as the payment processing is handled via PayPal, Afterpay or your Credit Card provider.
Risk & Title
Stay Lost will retain title to the goods you order until you have made payment in full for those goods but all risk in the goods will pass to you upon the delivery of the goods to, or the collection of the goods by, a postal or courier service. You should consider whether to obtain any suitable insurance in respect of the goods.
Competitions
From time to time competitions and promotions (“Competitions”) may be posted on this Site. We shall publish the relevant terms and conditions of the Competitions. Please ensure you read the terms and conditions of a Competition before you enter into a Competition.
Refer to Facebook Giveaways/Contest further down the page.
Intellectual Property
This Site and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings, video recordings and all software relating to this Site, are owned by us, or in some cases, a related body corporate or third party. These intellectual property rights are protected by Australian and international laws.
You may view our Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of this Site, or commercialise, any information obtained from any part of this Site without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this Site is to be interpreted as a recommendation to use any information on this Site in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Site will not infringe such intellectual property rights.
Secure Data
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect the information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore, transmit to this Site at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Site, please contact us immediately by email.
Cookies
We may use cookies to gather data in relation to this Site and you consent to us doing so (although you may be able to disable cookies on your web browser).
Viruses
Given the nature of the internet, we cannot guarantee that this Site is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Site will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this Site, and, to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we accept no responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.
Privacy Policy
If we collect your personal information we do so in accordance with our Privacy Policy available on this Site. The Privacy Policy explains how we manage your personal information in accordance with the Australian Privacy Principles (or APP’s) in the Privacy Act 1988 (Cth).
Disclaimer
Illustrations on this Site are for purchasing guidelines only. Manufacturing changes can result in variations to illustrations. All measurements and capacities are approximate and can vary due to manufacturing changes.
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Site or to its availability, functionality or performance, except as otherwise provided under any applicable law. You expressly agree that your use of the Site is at your sole risk.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Site. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this Site is at your own risk. To the maximum extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Site or provided through this Site through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, any information that you provide to us via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Western Australia, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
If you access this Site in a jurisdiction other than Western Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this Site complies with the laws of any country outside Australia.
General
We may, from time to time, add or remove information, products or services from this Site without notice.
We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this Site at any time without notice. Your continued use of this Site following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this Site is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
Reference to “Site” means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
This site is not a part of the Facebook website or Facebook Inc. Additionally, This site is NOT endorsed by Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc.
StayLost is a business located in Perth, Western Australia.
Facebook Giveaways/Contests
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who have registered for the competition on the Stay Lost Facebook page and met the eligibility criteria stated on the relevant Facebook post and who are 18 years or older as of the date of entry. The Campaign is only open to legal residents of Perth, Western Australia and is void where prohibited by law. Employees of Stay Lost, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to win the main prize. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agrees to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Stay Lost as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on 14/11/2022 and ending 04/12/2022 Midnight. All online entries must be received by 04/12/2022 Midnight WST.
4. How to Enter: The Campaign must be entered by liking & commenting on the relevant Stay Lost giveaway post. The entry must fulfil all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Stay lost.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive one Stay Lost Lockable 4 Bike Carrier with a value of $199.95. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Stay Lost. No cash or other prize substitution shall be permitted except at Stay Lost discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Stay Lost to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation unless prohibited by law.
6. Odds: The odds of winning will depend on how many individuals enter the competition.
7. Winner Selection and Notification: Winner will be selected by Facebook Comment Picker (https://commentpicker.com/facebook-business.php) under the supervision of Stay Lost. The winner will be notified by a facebook post on the Stay Lost Facebook page as well as a private message through Facebook Messenger if the winners privacy settings permit. The winner will be notified within 5 days following the selection of a Winner. Stay Lost shall have no liability for Winner’s failure to receive notices due to spam, junk email, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 5 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT STAY LOST‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Stay Lost, anyone acting on behalf of Stay Lost, and Stay Lost’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Stay Lost. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Stay Lost from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Stay Lost may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Stay Lost reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Stay Lost’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Stay Lost may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Stay Lost. Stay Lost reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Stay Lost has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Stay Lost reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Stay Lost and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF AUSTRALIA AND WESTERN AUSTRALIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Western Australia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Stay Lost website. To read the Privacy Policy, https://www.staylost.com.au/privacy-policy/ click here.
13. Sponsor: The Sponsor of the Campaign is Stay Lost, 230 Knutsford Ave, Perth, WA, 6105, Australia.
14.The Campaign hosted by Stay Lost is in no way sponsored, endorsed, administered by, or associated with Facebook.
16. By entering the campaign, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
Zip Pay/Money
Zip Pay: Minimum monthly repayments are required. A monthly account fee of $9.95 applies and is subject to change. Pay your closing balance in full by the due date each month and we’ll waive the fee. Available to approved applicants only and subject to completion of satisfactory credit check. Other charges may be payable. T&Cs apply.
Zip Money: Available to approved applicants only and subject to completion of satisfactory credit check. Minimum monthly repayments are required. Paying only the minimum monthly repayment amount will generally not repay a purchase within the interest free period. A monthly account fee of $9.95 will also apply and a one-off establishment fee may apply for new customers. Any balance outstanding at the expiry of the interest free period will be charged at the standard variable interest rate, 25.9% per annum as at 1 June 2023. Other charges may be payable, see T&Cs. Interest, fees and charges subject to change. Terms & Conditions apply and are available on application. See your contract for further details. Credit provided by ZipMoney Payments Pty Ltd (ABN 58 164 440 993), Australian Credit Licence Number 441878).
