LODEYOUN Comprehensive Terms and Policies

1.1. Binding Agreement: By accessing, browsing, or otherwise using the LODEYOUN website (hereinafter, the “Website”), purchasing products, or utilizing any services provided by LODEYOUN, you, the user or customer (“You”), explicitly acknowledge and agree to be legally bound by these Comprehensive Terms and Policies (“Terms”), as well as our Privacy Policy and any other policies referenced herein or published on the Website. These Terms constitute a legally binding agreement between You and LODEYOUN.

1.2. Disagreement: If You do not agree with any part of these Terms, You must immediately cease all use of the Website and refrain from purchasing any products or services from LODEYOUN.

1.3. Amendments: LODEYOUN reserves the unilateral right, at its sole discretion, to modify, update, or replace any part of these Terms at any time without prior notice. Any such changes will be effective immediately upon their publication on the Website, unless otherwise mandated by applicable law. Your continued use of or access to the Website following the posting of any changes constitutes Your unequivocal acceptance of those changes. It is Your responsibility to periodically review these Terms for updates.

2.1. Pricing: All prices for products and services displayed on the Website are quoted in the applicable currency and are subject to change without prior notice. LODEYOUN reserves the right to adjust prices at any time. The price charged for a product or service will be the price in effect at the time Your order is placed, subject to any manifest errors.

2.2. Order Acceptance: The display of products on the Website constitutes an invitation to treat and not a binding offer. Your submission of an order constitutes an offer to purchase the selected products or services under these Terms. An order confirmation email sent to You does not signify LODEYOUN’s acceptance of Your order; it merely confirms receipt of Your offer. Acceptance of Your order, and the formation of a binding contract, occurs only when LODEYOUN dispatches the ordered goods or commences the provision of services. LODEYOUN reserves the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product description, suspicion of fraudulent activity, or if Your payment information cannot be verified.

2.3. Payment: All payments must be made through the payment methods specified on the Website. You represent and warrant that You are the authorized holder of the payment method used. LODEYOUN utilizes third-party payment processors; by making a purchase, You agree to be bound by their terms and conditions. LODEYOUN is not responsible for any errors or delays caused by payment processors.

2.4. Quantity Limits: LODEYOUN reserves the right to limit the quantity of items 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.

2.5. Correction of Errors: In the event of a pricing error or other manifest error on the Website, LODEYOUN reserves the right to correct such error and revise Your order accordingly, or to cancel the order and issue a refund.

3.1. Shipping Estimates: Any dispatch or delivery estimates provided are given in good faith and are approximate only. They do not constitute a guarantee of delivery within a specific timeframe. LODEYOUN shall not be liable for any delays in dispatch or delivery.

3.2. Delivery Risks: Delivery times may be affected by factors beyond LODEYOUN’s reasonable control, including but not limited to carrier delays, customs processing, adverse weather conditions, natural disasters, or industrial action. Risk of loss and title for items purchased from LODEYOUN pass to You upon our delivery to the carrier.

3.3. Inspection upon Delivery: You are responsible for inspecting all products immediately upon receipt. Any discrepancies, damages, or defects must be reported to LODEYOUN’s customer service within a reasonable period of days of delivery. Failure to report within this timeframe may affect Your eligibility for returns or remedies.

3.4. Returns, Exchanges, and Refunds: All returns, exchanges, and refunds are subject to LODEYOUN’s published Return Policy, which is incorporated into these Terms by reference. This policy outlines the conditions, procedures, and timelines for returning products. Nothing in these Terms or the Return Policy is intended to exclude, restrict, or modify any rights or remedies You may have under applicable consumer protection laws, including but not limited to statutory guarantees that cannot be excluded by contract.

4.1. Ownership: All content, materials, and intellectual property displayed on or associated with the LODEYOUN brand, Website, products, and services, including but not limited to trademarks, logos, designs, graphics, artwork, photographs, videos, audio, website layouts, product descriptions, packaging, text, software, code, and any other creative or proprietary material (collectively, “Intellectual Property”), are the exclusive property of LODEYOUN or its licensors. This Intellectual Property is protected by national and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2. Restrictions on Use: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content for personal, non-commercial purposes only. Under no circumstances may You copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, reverse engineer, decompile, disassemble, scrape, commercially exploit, or otherwise use any of LODEYOUN’s Intellectual Property without the express prior written permission of LODEYOUN. This prohibition explicitly extends to the incorporation of any LODEYOUN Intellectual Property into artificial intelligence (AI) datasets, machine learning models, or any similar technological applications without explicit written consent.

4.3. Enforcement: LODEYOUN reserves all rights to rigorously enforce its Intellectual Property rights to the fullest extent permitted by law, including seeking injunctive relief, monetary damages, and legal costs against any party found to be infringing upon its rights.

5.1. Grant of License: By submitting, posting, uploading, or otherwise making available any reviews, comments, feedback, photographs, testimonials, social media content, or other materials (collectively, “User Content”) to LODEYOUN or its associated platforms, You hereby grant LODEYOUN a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media formats and through any media channels now known or hereafter developed, for any purpose, including but not limited to promotional, marketing, advertising, and commercial purposes, without further notice to or consent from You, and without compensation to You. This license shall survive the termination of these Terms.

5.2. Warranties Regarding User Content: You represent and warrant that: (a) You are the sole owner of all User Content that You post or have all rights to grant the licenses herein; (b) Your User Content does not infringe, misappropriate, or violate any third party’s rights; (c) Your User Content is not defamatory, libelous, obscene, pornographic, or otherwise unlawful.

5.3. Monitoring and Removal: LODEYOUN reserves the right, but not the obligation, to monitor, review, edit, or remove any User Content at its sole discretion, without notice or liability, for any reason whatsoever, including if it deems the User Content to violate these Terms.

6.1. Prohibited Activities: You agree not to engage in any of the following prohibited activities: (a) Interfering with or disrupting the security or integrity of the Website; (b) Attempting to gain unauthorized access to any portion or feature of the Website; (c) Uploading, posting, or transmitting any malicious software, viruses, worms, or other harmful code; (d) Engaging in any fraudulent transactions or activities; (e) Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity; (f) Misusing the Website or its content for any unlawful purpose or in any way that violates these Terms; (g) Collecting or harvesting any personally identifiable information from the Website; (h) Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Website.

6.2. Consequences of Breach: Any breach of this Section 6 may result in, but is not limited to, immediate termination or suspension of Your account, prohibition from accessing the Website, cancellation of pending orders, and referral to law enforcement authorities, in addition to any other legal remedies available to LODEYOUN.

7.1. Exclusion of Indirect Losses: To the maximum extent permitted by applicable law, LODEYOUN, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall not be liable for any indirect, incidental, punitive, special, or consequential losses or damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from Your use of any of the service or any products procured using the service, or for any other claim related in any way to Your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

7.2. Statutory Guarantees: Nothing in these Terms is intended to exclude, restrict, or modify any statutory guarantees, warranties, or consumer protection rights that cannot be lawfully excluded, restricted, or modified under applicable law (e.g., Australian Consumer Law). Where LODEYOUN’s liability cannot be legally excluded, it is limited, at LODEYOUN’s option, to: (a) The replacement of the goods or the supply of equivalent goods; (b) The repair of the goods; (c) The payment of the cost of replacing the goods or of acquiring equivalent goods; (d) The payment of the cost of having the goods repaired.

7.3. Total Liability: In no event shall LODEYOUN’s total aggregate liability to You for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by You, if any, for accessing the Website or purchasing products from LODEYOUN during the twelve (12) months immediately preceding the date of the claim.

8.1. Privacy Policy: LODEYOUN is committed to protecting Your privacy. Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy, which is available on the Website and is hereby incorporated into these Terms by reference. By agreeing to these Terms, You also consent to the practices described in our Privacy Policy.

8.2. Data Use: Personal information collected by LODEYOUN may be used to process and fulfill Your orders, provide customer support, improve our products and services, prevent fraudulent transactions, and comply with legal and regulatory obligations. We implement appropriate technical and organizational measures to safeguard Your personal information against unauthorized access, disclosure, alteration, or destruction.

9.1. Authenticity: LODEYOUN products are exclusively sold through authorized channels, including our official Website and designated retail partners. Any products acquired from unauthorized sources are not guaranteed to be genuine LODEYOUN products and may be counterfeit.

9.2. Investigation and Remedies: LODEYOUN maintains a strict policy against counterfeit goods. We reserve the right to investigate any suspected counterfeit activity vigorously. In instances where counterfeit products are identified or suspected, LODEYOUN may, at its sole discretion, pursue all available civil and criminal remedies, including but not limited to legal action, reporting to relevant authorities, and cooperating with law enforcement agencies to protect its brand integrity and consumers.

10.1. Governing Law: These Terms and any separate agreements whereby we provide You services shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law principles. This choice of law is subject to any mandatory laws in Your jurisdiction that cannot be excluded.

10.2. Dispute Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, Your use of the Website, or the purchase of products, the parties agree to first attempt to resolve the matter amicably through good faith negotiations. If the dispute cannot be resolved through negotiation within a reasonable period, the parties agree to consider mediation before resorting to formal legal proceedings.

10.3. Jurisdiction: If formal legal proceedings become necessary, You irrevocably agree that the courts of Western Australia, Australia, shall have exclusive jurisdiction to hear and determine any suit, action, or proceeding, and to settle any disputes, which may arise out of or in connection with these Terms.

10.4. Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

11.1. Entire Agreement: These Terms, together with the Privacy Policy and any other policies or operating rules posted by us on this Website or in respect to the service, constitute the entire agreement and understanding between You and LODEYOUN, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms and Policies).

11.2. Survival: Clauses relating to Intellectual Property, Limitation of Liability, Indemnification, Governing Law and Disputes, and General Provisions shall survive any termination or expiration of these Terms, where legally permitted.

11.3. Assignment: LODEYOUN reserves the right to assign its rights and obligations under these Terms, in whole or in part, to any third party in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, without Your prior consent. You may not assign or transfer any of Your rights or obligations under these Terms without the prior written consent of LODEYOUN.

11.4. Waiver: The failure of LODEYOUN to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of LODEYOUN.

11.5. Headings: The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.