Terms and Conditions - YOUTH IS DEAD®

About the Website

Welcome to www.youthisdead.com.au (the ‘Website‘). The Website is owned and operated by The Youth is Dead (ABN 94 660 255 989) (‘The Youth is Dead Pty Ltd’). Thank you for using Youth is Dead products and services.

The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘) by giving you access to a registered member account (the ‘Purchase Services‘).

Your access to and use of our Website for the purchase of Products through the Purchase Services or any associated products and services is governed by these terms and conditions (the ‘Terms‘).

Please read the Terms carefully as they govern your access to and use of our Website. By using the Website, you agree that you are bound by these Terms. If you do not agree with the Terms, you must refrain from the using the Website.

Please read our Privacy Policy which form a part of these Terms to understand our practices regarding personal information that we collect about you through the conduct of our business.

These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. If Youth is Dead updates the Terms, we will use reasonable endeavors to provide you with notice of these updates. Any changes to the Terms take immediate effect from the date of their publication on our Website.

Who may use our Website

As a condition of your use of our Website and access to our Purchase Services, you warrant that:

you are a person authorised to enter into a legally binding contract if you are purchasing our Products;

all relevant consents have been obtained to use our Products.

We retain the right in our sole discretion to deny anyone access to this Website or our Purchase Services, at any time and for any reason.

Registration and Acceptance

To obtain access to our Purchase Services, you must register for a Member account through our Website (‘Member Account’).

By registering for a Member Account, you will be required to accept the Terms by clicking the “register” button in the user interface as a condition of joining as a Member (‘Member’). By clicking the “register” button you agree to all the terms and conditions listed on these Terms by Youth is Dead which gives notice to you through our user interface as follows:

By Registering, you agree that you’ve read and accepted our website Terms and Conditions and you consent to our Privacy Policy.

You acknowledge that Youth is Dead may reject your application for a Member Account or cancel an existing Member Account, for any reason, in our sole discretion.

As part of the registration process for a Member Account, you will be required to provide us with personal information including but not limited to:

your name
email and mailing address
a geographical address
a telephone number
a preferred username and password (‘Login Details’), and
and any other information indicated as required to set up a Member Account.

(‘Registration Data’)

Registration Data includes any content that you submit to Youth is Dead including your personal data that you may submit to us through the course of us supplying Purchase Services to you. We acknowledge that by you providing us with Registration Data that you are entrusting us to treat it appropriately and in accordance with our Privacy Policy.

After registration as a Member, you may login into your Member Account with your Login Details to gain access to the Purchase Services by placing an order (‘Order’) for our Products. A contract comes into existence for the supply of the Products once acceptance of the Order is made by Youth is Dead. Any Order not accepted by Youth is Dead will be regarded as having been refused by Youth is Dead.

You are solely responsible for the accuracy of the information including any Registration Data that you submit in relation to each Order for the Products. You agree that we do not control, verify, or endorse that information.

You warrant that your Registration Data is accurate, correct and up to date. You must not submit any Registration Data that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account and any orders for our Products.

If your Registration Data changes, you must promptly update your Member Account to reflect those changes. Youth is Dead may undertake additional inquiries to confirm the accuracy of your Registration Data but is not obliged to verify Registration Data. It is your responsibility to ensure that your Registration Data is accurate and that you keep your Registration Data up to date.

You retain ownership of your Registration Data. You grant Youth is Dead a worldwide, royalty free license to use, reproduce, modify, adapt, create derivate works, your Registration Data for the limited purposes of providing our Purchase Services to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our services to you.

You are responsible for keeping your Login Details secure. Subscribers acknowledge that they are entirely responsible for all activities that occur under their Login Details. Youth is Dead will not be liable for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify Youth is Dead of any unauthorised use of your Login Details or any other breach of security known to you.

You acknowledge that Youth is Dead will use the email you provide as the primary method for communication and you agree to receive e-newsletters from Youth is Dead which will always have an unsubscribe function listed at the foot of the e-newsletter.

To the extent permitted by applicable law, Youth is Dead will not be liable for any failure to store, or for loss or corruption to your Registration Data.

Youth is Dead may without notice terminate your Member Account and your access to the Purchase Services including any Registration Data in it or associated with it:

at any time for a breach of these Terms in the sole discretion of Youth is Dead, or
if there is no account activity associated with your Member Account for over 12 months.

We may from time to time by notice on our Website vary our catalogue of available Products, the prices for our Products and offer additional products or services.

Member Account

As a Member of our Website, you agree that:

your Member Account is personal to you. You must not authorise or permit anyone else to access your Member Account by using your Registration Information;

your access to and use of the Website as a Member is non-transferable and allows for the sole use of the Website by you;

you are responsible for maintaining the accuracy and confidentiality of your Registration Information;

you must not impersonate, misrepresent your identity or imitate any person when registering for a Member Account.

Youth is Dead reserves the right to deny any person access to a Member Account at any time and for any reason without notice.

Member Accounts are not transferrable.

Your access to the Purchase Services will be disabled when your Member Account is suspended, terminated or ends.

Purchase of Products

In using the Purchase Services to purchase our Products, you agree to the payment of the purchase price listed on the Website for the Products from time to time (the ‘Purchase Price‘).

Our fees for the Purchase Price are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order if we accept an Order for delivery outside of Australia. We reserve the right in our sole discretion to reject an Order for delivery outside of Australia. We will be entitled to add on GST for any supply in Australia.

Payment of the Purchase Price may be made through the third-party providers made available on our Website including by credit card (Visa, MasterCard and AMEX), Apple Pay, and After Pay (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 Payment Gateway Providers. You acknowledge that the Payment Gateway Provider will be your default payment gateway and it is your sole responsibility to:

keep the Payment Gateway Providers Account active, and

to deactivate the Payment Gateway Providers Account if you do not wish to keep the account active.

Payment must be made in full at the time of placing an Order including for shipping costs. We will not hold Products against your Order if payment is not made in full or if payment is declined by your bank or credit card issuer. Subscribers are responsible for ensuring their credit card details are accurate and up to date when purchasing our Products.

When we confirm payment of the Purchase Price and accept your Order, you will be issued with a receipt to confirm that your payment has been received. You agree that Youth is Dead may electronically store your Registration Information and your purchase details for future use.

We reserve the right and to the extent permitted by law to:

correct any errors as to Product descriptions on the Website;
correct any pricing errors on the Website or in our confirmation emails; or
cancel your order and provide a refund in the event of (a) or (b) above.

You are responsible for any use, activities and the payments associated with your Youth is Dead reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:

the inability to authorise or process any payment including a credit card payment;

if any misuse of your Member Account is detected.

Youth is Dead may in its sole discretion elect not to accept an Order from you. If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.

Discounts and Promotions

Youth is Dead advertised offers and promotions are subject to the following conditions, in addition to any conditions specified upon entering the relevant code at checkout:

promotions are only applicable to Products specified in the offer;

any specified discounts and final sale promotions are not eligible for any other offers;

you must be logged in to your Member Account to use a promotion code;

Youth is Dead takes no responsibility for promotion codes that were not applied during the checkout process and discounts cannot be applied after an Order has been placed;

Products marked ‘Final Sale’, or purchased from a promotion that specified the Products as ‘Final Sale’, cannot be returned (in the absence of any defect or fault and subject to any law to the contrary); and

we reserve the right to end any promotions, sales or discount offers at any time.

Title and Risk

Title to the Products shall remain with Youth is Dead until you have paid the full invoice price for the Products.

The risk in the Products will pass from Youth is Dead to you at the earlier of:

time of payment of Youth is Dead’s tax invoice in full, or

time of delivery of the Products to the point of delivery in the Order.

From that time on, you assume all risk of loss and damage to the Products including without limitation all loss or damage in the course of unloading the Products following delivery.

Service Obligations

Youth is Dead must ensure that the Products are of merchantable quality.

Youth is Dead will supply the Purchase Services in a good, proper and professional manner and in accordance with relevant Australian industry standards, best practice and guidelines.

Member Obligations

As a Member, you agree that you will comply with the following:

use the Purchase Services only for purposes that are permitted by the Terms;

that you will have the sole responsibility for protecting the confidentiality of your Login Details and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Youth is Dead of any unauthorised use of your Login Details or email address or any breach of security of which you have become aware;

access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Youth is Dead providing the Purchase Services;

you will not use the Purchase Services or Website for any illegal or unauthorised use which includes collecting email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited;

you will not use our Website for any illegal or unauthorised use which includes collecting email addresses of other Subscribers by electronic or other means to send unsolicited email, spam, or unwanted advertisements;

you must not upload or disclose offensive, unlawful, threatening, defamatory or objectionable material;

you must not infringe upon the rights of third-parties and other users;

you must not create any virus, programs, or malware that inhibit, interrupt, damage, and compromises the functionality and security of our Website; and

you will use the Website only for purposes permitted by the Terms and in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Copyright and Intellectual Property

The intellectual property rights in or related to the Products or any of its documentation vest in Youth is Dead or Youth is Dead has the right to use the intellectual property.

The Website, the Purchase Services and all of the related products of Youth is Dead 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 by Youth is Dead or its contributors.

You may not, without the prior written permission of Youth is Dead 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 contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Youth is Dead 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 Youth is Dead; 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).

The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.

The intellectual property in our Products including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours; or
in a manner which may be confusing, misleading or deceptive.

Your obligations under this clause survive termination or expiry of these Terms.

Privacy

In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms.

If you are a non-Australian user of the Website, you agree that your personal information is stored in our servers in Australia and is subject to the applicable Australian Privacy Laws. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.

General Disclaimer

You acknowledge that Youth is Dead does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Youth is Dead will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

Youth is Dead will not be liable 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 the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the Products of Youth is Dead (including the Delivery Services) is at your own risk. Everything on Website, the Purchase Services, and the Products of Youth is Dead, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.

None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Youth is Dead (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Content on the Website or any products or services (including the Products or Purchase Services of Youth is Dead) 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.

Limitation of Liability

You expressly understand and agree that Youth is Dead, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

This exclusion of liability includes without limitation:

the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Website (including third-party material and advertisements);

that the information on the Website is up to date; or

any of the Products on the Website will remain available.

You accept that we take no responsibility for any error or omission relating to the Content on the Website.

These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:

for any claims relating to these Terms, to the Purchase Price of the Products;

in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or

in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

Youth is Dead total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Youth is Dead is the resupply of information or Purchase Services to you.

Youth is Dead is not responsible or liable in any manner for any content or material on the Website (including the Content and third-party) posted on the Website or in connection with the Purchase Services, whether posted or caused by Subscribers or users of the Website or by any other third parties.

You acknowledge that Youth is Dead does not provide the Delivery Services to you and you agree that Youth is Dead 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 the Delivery Services.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Youth is Dead as set out below.

If you want to terminate the Terms, you may do so by:

notifying Youth is Dead at any time; and

closing your accounts for all of the Purchase Services which you use, where Youth is Dead has made this option available to you.

Your notice should be sent, in writing, to Youth is Dead via the ‘Contact Us’ link on our homepage.

Youth is Dead may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or Youth is Dead reasonably suspects that you intend to breach any provision;

Youth is Dead is required to do so by law;

the partner with whom Youth is Dead offered the Purchase Services to you has terminated its relationship with Youth is Dead or ceased to offer the Purchase Services to you;

Youth is Dead is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

the provision of the Purchase Services to you by Youth is Dead is, in the opinion of Youth is Dead, no longer commercially viable.

Subject to local applicable laws, Youth is Dead reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Youth is Dead name or reputation or violates the rights of those of another party including any intellectual property rights.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Youth is Dead have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify Youth is Dead, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

any breach of the Terms.

Dispute Resolution

A Party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.

A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.

During the 30-calendar day period after a Notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation, at the request of any Disputant, to:

a mediator agreed on by the Disputants; or

if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.

Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.

The mediation will be held in Sydney, Australia.

After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving Notice to each other Disputant. A Party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.

Venue and Jurisdiction.

The Purchase Services offered by Youth is Dead is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Waiver

The failure of Youth is Dead to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Force Majeure

We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.

Trade Marks

The trade marks used on the Website are a trade mark or registered trade mark of Youth is Dead or licensed by Youth is Dead (the ‘Trade Marks’). You must not use the Trade Marks: (a) in or as the whole or part of your own trademarks; (b) in connection with any business, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us, the Purchase Services, or the Website.

Advertising and Links

The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

Feedback and Social Media

Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively “Material“) to our Website and our Products. You may submit Material by emailing us at [email protected]

Our Website connects to or is related to the following social media platforms: Facebook, Twitter, Pinterest, Instagram, YouTube and various blogs (collectively ‘Social Media Platforms’). The terms, conditions and policies that apply to the Social Media Platforms also apply to the Youth is Dead accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.

We reserve the right to remove or disable access to a Member’s participation in our Social Media Platform in our sole discretion without notice including for:

intellectual property infringement;

defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation;

illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses;

participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.

You grant to us a royalty-free irrevocable license to use your Material on our Website or on Social Media Platforms for advertising, promotional and review purposes.

When you interact with any Youth is Dead page or account on these Social Media Platforms, we may collect personal information that you make available to us on that page or account subject to Youth is Dead complying with its Privacy Policyand the privacy policies of the corresponding Social Media Platforms.

Public Statements

You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Youth is Dead without our prior written permission.

Terms and Conditions last updated 24 May 2022

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