Welcome to Legacy Lab’s Terms of Service
We’re excited to have you here; whether you’re joining us as a new member, visiting our website, or enjoying our content, we want to take a moment to welcome you to our community.
These Terms of Service (“Terms”) are here to help you (“User”) understand the rules when using our Services. They are important for both of us as they set out what we expect from each other, and also give you helpful info. You can find out more on our FAQ page, and of course, if you need anything else, get in touch with our Customer Support Team – we always love to hear from you!
The Legal Stuff
We’re Legacy Lab Limited, a New Zealand-based company registered in New Zealand with a registered address at Reset Retreat, 521C Horeke Road, Okaihau, Bay of Islands 0475, and registered with the Companies Office Company Register of New Zealand with the Company Number 8778226.
When you work with us (or access our services, apps and websites), these terms apply. By using our Services, you’re agreeing to these Terms (including the FAQs) and our Privacy Policy, which you can find at legacylab.store/privacy. More information about our Privacy Policy is also provided below.
Please Review Carefully
We encourage you to read these Terms, our Privacy Policy, and our FAQs thoroughly. If you don’t agree with these Terms or our Privacy Policy, please do not use our Services.
Thank you for being part of the Legacy Lab community! If you have any questions, feel free to reach out.
About You
To shop with us and use our services, you need to:
-
-
- be at least 16 years old;
- If you’re under 18, you need to have permission from a parent or guardian to use our Services and agree to these Terms.
- have a credit or debit card that we accept; and
- be authorised to use that credit or debit card (e.g. it is in your name or you have permission to use it).
Things You Shouldn’t Do…
We know this goes without saying, but it’s important not to misuse or tamper with our websites, apps, or other services (“Websites”). This includes avoiding actions like hacking, spreading viruses, trojans, worms, or any other harmful material, or carrying out denial of service attacks. Such activities can disrupt our services and compromise our customers’ data. These actions are not only potentially criminal but also hinder our ability to provide excellent service to our valued Legacy Lab customers. If we detect any such behavior, we will report it, along with information about those involved, to the relevant law enforcement authorities.
To keep your browsing experience safe, we suggest using antivirus software when accessing any website, including ours. While we employ robust security measures to protect our Website, we can’t guarantee it will always be free from bugs, viruses, or malicious attacks.
Additionally, please refrain from using automated systems or software to extract data from our Website, also known as ‘screen scraping.’
For those considering causing trouble: by using our Website, you agree to indemnify, defend, and hold harmless Legacy Lab, its directors, officers, employees, consultants, agents, and affiliates from any third-party claims, liabilities, damages, and costs (including legal fees) arising from your misuse of our Website or any breach of our Terms and Conditions.
Please use our products and Services legally and respectfully. This means no illegal activities, no violating laws (including copyright laws), and no spreading harmful code like viruses.
If you break any of these rules, we may have to suspend or terminate your Services immediately and will report you to the relevant law enforcement authorities.
Content on this Website
Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.
The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Rights regarding content on this Website – All rights reserved
The Owner reserves and holds all intellectual property rights for any such content.
Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.
Access to provided content
Content that Users provide to this Website is made available according to the criteria specified in this section.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
Copyright and Trademark Issues
We care deeply about respecting copyrights and trademarks and ask that you do too. If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): Here’s how to let us know:
-
- Authorized Signature: Include a physical or electronic signature of the person authorized to act on behalf of the copyright owner.
- Identification: Describe the material you believe is being infringed and provide enough detail for us to locate it on our site.
- Contact Information: Share your address, phone number, and email address.
- Good Faith Statement: Confirm that you believe, in good faith, that the material is not authorized by the copyright owner, their agent, or the law.
- Accuracy Statement: Declare that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
Send your concerns to the email or physical address provided in this document.
Acceptable Use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
We want everyone to have a great experience, so please:
-
- Be kind and respectful; don’t harass or threaten others.
- Avoid sharing inappropriate or offensive materials.
- Keep our Services safe by not spreading viruses or harmful software.
- Respect others’ access to our Services; no hacking or unauthorized account access.
We reserve the right to suspend or stop providing our Services if these rules are not followed.
Governing Law
These Terms and any separate agreements for our Services will be governed by the laws of New Zealand.
Liability and indemnification
EU Users
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for
-
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
-
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
All Users
Disclaimer of Warranties; Limitation of Liability
We aim to provide you with the best possible service, but we can’t guarantee it will always be perfect. Sometimes things might not work as expected, and there could be interruptions, delays, or errors.
Using our Services is at your own risk. We provide our Services and products “as is” and “as available” without any warranties or conditions of any kind, unless we specifically state otherwise. This includes any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Legacy Lab and its team, including directors, employees, and partners, aren’t responsible for any injuries, losses, or damages resulting from your use of our Services or products. This includes direct, indirect, incidental, and consequential damages like lost profits, data loss, or replacement costs. Our liability is limited to the maximum extent allowed by law, and in some places where exclusions aren’t allowed, our liability will be limited to the extent permitted.
Indemnification and Limitation of Liability
By using our Services, you agree to protect and hold us harmless from any damages, losses, or expenses that arise from your use of our Services or violation of these Terms.
To the extent permitted by law, Legacy Lab and its partners aren’t responsible for lost profits, revenues, or data, or for any indirect, special, consequential, exemplary, or punitive damages. Our total liability is limited to the amount you paid us for the Services, or $50USD if you haven’t paid anything.
If you’re unhappy with a product you purchased, your sole remedy is to request a refund. If you’re unhappy with any other part of our Services, your remedy is to stop using them. These limitations apply regardless of the legal theory on which a claim is based.
Arbitration Agreement; No Class Actions
By using our Services, you agree to resolve any disputes through individual arbitration, not as part of a class action. This means:
-
- Individual Arbitration: Disputes are settled by arbitration, not in court, and not as part of a group.
- Arbitrator’s Authority: The arbitrator can enforce the prohibition on class actions and has the authority to award the same damages as a court.
- No Group Claims: Claims can’t be combined with those of others or brought as a representative action.
If a court finds that the law prevents enforcing these limits on a particular claim, that claim will be decided in court only after all other claims are arbitrated. If the arbitration agreement is invalidated, disputes will be resolved in the courts of New Castle County, Delaware.
Arbitration means no judge or jury, and limited court review of the decision. However, the arbitrator can award the same damages and relief as a court, including legal fees where applicable.
This arbitration agreement remains in effect even if these Terms end.
Indemnification
By using our Services, you agree to protect and hold harmless Legacy Lab and our affiliates, partners, and employees from any claims or demands, including legal fees, made by any third party due to your breach of these Terms or your violation of any law or third-party rights.
Purchases
A lot of heart and soul goes into every book we create and we hope you love them! When you buy one of our packages, you’ll need to provide payment information, which we handle as described in our Privacy Policy. Prices and product availability can change, but we’ll do our best to keep you informed and these price changes will always be listed on our website.
In rare cases, we may:
-
- Limit or discontinue products.
- Decide whether to honor promotions.
- Restrict certain purchases.
- Refuse service for specific users.
If a product arrives damaged, let us know with photos, and we’ll replace it.
Intellectual Property
While you retain rights to your content, using our Services doesn’t give you ownership of our intellectual property. If you want to use our branding or logos, please ask us first. Also, don’t alter or misuse any legal notices or parts of our Services.
Your Legacy Lab Account
When you create an account, make sure your information is accurate and up-to-date. You’re responsible for keeping your account secure and for all activities that occur under your account. Let us know immediately if you notice or are informed of any unauthorized use.
Content You Share
You own the rights to the content you share with us. By providing content, you permit us to use it to provide our Services and any agreed-upon purposes, like marketing. This license is worldwide and transferable, but your content remains yours.
If you share content publicly, you do so at your own risk. Make sure you have the right to share any content and obtain permission if it includes others, especially minors.
We generally don’t review content, but we might remove anything illegal or against our policies.
Privacy Policy
We value your trust and privacy. Our Privacy Policy explains how we handle your personal data. By using our Services, you agree to our data practices as described.
Third-Party Services
Sometimes we feature content or services from other companies. While we choose trusted partners, we’re not responsible for their operations or policies. Using third-party services is at your own risk and subject to their terms.
Accessibility
We want everyone to enjoy our Services. If you have any accessibility issues, please contact us at contact@legacylab.store and we will see if we can find a solution or become more accessible in the future.
Termination
These Terms will remain in effect until you or we decide to end them. You can terminate these Terms by notifying us that you no longer wish to use our Services or by stopping the use of our site. We may terminate these Terms if we believe you’ve violated any part of them, and you’ll still be responsible for any amounts due up to the termination date. We can also deny you access to our Services if needed.
Entire Agreement
These Terms, along with any policies or rules posted on our site, represent the complete agreement between you and us regarding your use of our Services. They replace any prior agreements or communications, whether oral or written. Any ambiguities in these Terms will not be interpreted against the party that drafted them.
Changes to Terms of Service
You can always find the most current version of our Terms of Service on this page. We may update or change these Terms from time to time, and it’s your responsibility to check our website for any changes. By continuing to use our site or Services after any changes, you agree to the updated Terms.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
If You Need to Speak to Us…
We get it, things can go wrong and you may wish to reach out and speak with our team. If that happens, please contact our Customer Care team who will work with you to resolve any issue and find a solution at contact@legacylab.store
Last Updated: May 21, 2024
