TERMS AND CONDITIONS

1. User Agreement
2. Defective Goods
3. Registration and User Requirements
4. Access and use of the Website
5. Information on this Website
6. Disclaimer and Liability
7. Indemnity
8. Placing Orders
9. Price, Payment and Use of Promotional Discount/Coupon Codes
10. Supply and Delivery of Goods
11. Goods Out of Stock
12. Change of Mind Returns
13. Process for Returns and Refunds
14. Social Media and Content
15. Intellectual Property
16. General
17. Privacy and Personal information
18. Overseas Orders

Last updated: January 2025

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1. User Agreement
   
   1. By using the LEGIT website (and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and LEGIT INK Pty Ltd (referred to in this Agreement as "we", "us","our" or “LEGIT”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
       
2. Defective Goods
   1. Goods purchased from LEGIT.Ink come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement limits your rights under the consumer guarantees that apply under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
       
3. Registration and User Requirements
   1. To complete an order you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
   2. By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
       
4. Access and use of the Website
   1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
   2. You must not (or attempt to):
      1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
      2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
      3. interfere (or attempt to interfere) with security-related or other features of our site; or
      4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
   3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
   4. You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
   5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
       
5. Information on this Website
   1. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
      1. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in color) from the way they appear on the Website.
          
6. Disclaimer and Liability
   1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
      1. errors, mistakes or inaccuracies on the Website or our social media pages;
      2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
      3. personal injury or property damage of any nature resulting from your access to or use of the Website;
      4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
      5. any interruption or cessation of transmission to or from the Website;
      6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
      7. the quality of any product or service of any linked sites.
      8. Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the maximum extent permitted by law.
      9. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
          
7. Indemnity
   1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
       
8. Placing Orders
   1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
   2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
   3. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
   4. Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
   5. We may reject your order for any reason, including, but not limited to, in circumstances where we believe there may be payment fraud, where we believe the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
   6. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement and on the Website.
   7. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
       
9. Price, Payment and Use of Promotional Discount/Coupon Codes
   1. The prices of goods, delivery and other charges shown are in local currency.
   2. All payments must be received in full before dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
   3. We are currently unable to accept payment via foreign credit cards. Only New Zealand issued credit card payments can be accepted at this time.
   4. There is a limit of one promotional discount or coupon code per transaction.
   5. Coupon "stacking" and the use of multiple coupon codes is not permitted.
   6. We reserve the right to extend, change or cancel a promotion or promotional discount or coupon code at any time.
       
10. Supply and Delivery of Goods
    1. Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.
        
11. Goods Out of Stock
    1. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event we cannot fulfill your order.
        
12. Change of Mind Returns
    1. LEGIT has a strict Customer Return Policy and Procedure to ensure that each item is dealt with quickly and professionally.  Please note LEGIT Australia/New Zealand is no longer accepting online exchanges.  Instead, we ask you to purchase your preferred item through the website and submit your request for a full refund for the item that you wish to return.  We will allow a change of mind return for refund, provided that the item in question is:
       1. An item purchased at LEGIT.INK – this excludes items with final sale disclaimers
       2. A full priced and/or outlet item;
       3. returned within 15 days of order from LEGIT.Ink;
       4. in original purchased condition with tags attached;
       5. Free of any odours or fragrances
       6. not underwear or socks; and
       7. not damaged in any way.
       8. Not a gift card
       9. Not s Downloadable software product
    2. Garments purchased from a wholesale account are not eligible for change of mind return to LEGIT. These must be returned to the place of purchase. Garments purchased from unauthorized sellers, including unauthorized Internet sites, are not eligible for change of mind return to LEGIT.
    3. Gifts cannot be returned for change of mind by the giftee. The gifter must contact LEGIT with their relevant Order information (Name & Customer Order #)
    4. Garments purchased from LEGIT.Ink/au must be returned to LEGIT Online. A return or exchange request must be submitted via contact us form.
    5. Refunds will be permitted to the original account used at the time of purchase (the original Credit Card or PayPal Account used).
    6. For orders placed during promotions that included a gift with purchase, the gift with purchase must be returned back along with the rest of the order if you no longer qualify for the gift.  Refunds will not be processed until LEGIT receives all required items back.
        
13. Process for Returns and Refunds
    1. When seeking a return on a product, please contact us via the contact form or email support@legit.com. Once contacted we will assess whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
       1. Once an item is returned we will inspect your goods and investigate any claims and where we believe it is applicable, provide you with a refund or exchange.
       2. Refunds will be issued using the payment method used for purchase.
       3. We aim to process refunds and replacements within 5 business days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
           
14. Social Media and Content
    1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
       1. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
       2. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
          1. you do not have the right to post;
          2. is defamatory or in contempt of any legal or other proceedings;
          3. is misleading or deceptive;
          4. is offensive or discriminates against any group of persons being a group defined by reference to color, race, sex, origin, nationality or ethnic or national origins;
          5. denounces religious or political beliefs;
          6. contains religious or political material;
          7. is indecent, obscene, vulgar, pornographic or offensive;
          8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
          9. contains any unsolicited or unauthorised advertising or promotional material;
          10. contains or links to viruses, malware, spyware or similar software; or
          11. impersonates any person or misrepresents your relationship with any person.
       3. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
       4. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
15. Intellectual Property
    1. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to LEGIT, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    3. You may not:
       1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
       2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
       3. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
    4. Intellectual Property Rights – Artists.
       1. The Legit X marketplace service provides Artists with the ability to upload Digital Content owned or controlled by such Artists to the Site, including but not limited to sound recordings (“Sound Recordings”), videos synchronized with Sound Recordings and other audiovisual works (collectively, “Music Videos”), and the musical works embodied within Sound Recordings and Music Videos (“Musical Works” and, collectively with Sound Recordings and Music Videos, the Artist’s “Music”) and artists drawings, illustrations, paintings and other forms of visual artworks. Legit will not have any ownership rights in any elements of an Artist’s Music or artwork, however, Legit needs the following license to perform the Service. Each Artist uploading Music and or artwork to the Service grants Legit and its authorised sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to:
       2. Reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music and artwork on computer servers owned and/or operated by or on behalf of Company or its authorised sublicensees and distributors, and publicly perform, transmit, synchronise, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text, drawings, illustrations, paintings, video content and other forms of visual art (“Artworks”) in connection with the Service).
       3. Allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and
       4. Reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
       5. Notwithstanding the foregoing, LEGIT will not use, and will not permit others to use, any Artist’s Music or artwork to train models to generate sound recordings, videos synchronized with sound recordings or other audiovisual works, or musical works embodied within sound recordings and music videos, without that Artist’s express permission.
       6. To enable Legit to Exploit your Music and or artwork pursuant to the above provisions, you hereby grant to Legit the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
       7. By uploading any Music or Artworks to the Site:
          1. You represent and warrant, and can demonstrate to Legit’s full satisfaction upon request, that (i) you own or otherwise control all rights to your Music and Artworks (or that such Music and Artworks are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist’s Music or Artworks as set forth in this Agreement (hereinafter “Direct Licensed”); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Music you upload to the Service and to the Artworks; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Music and/or Artworks, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Music and/or Artworks) as contemplated by these Terms of Use, and (iv) you are authorized to grant all of the aforementioned rights to the Music and/or Artworks to Legit and all users of the Service. The representations and warranties in this paragraph with respect to rights and authorizations in Music shall not be deemed to apply with respect to any performance and/or mechanical rights in any Musical Works that exclusively vest in a PRO, MRO, or CMO that you properly and accurately identify to LEGIT. For clarity, you and we acknowledge that in the United States, mechanical rights and performance rights do not exclusively vest in MROs and certain PROs (depending on the applicable songwriter’s affiliation therewith).
       8. You represent and warrant that the use or other exploitation of your Music and/or Artworks by Legit and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
       9. You represent and warrant that, to the extent that you upload any Music to the Site that is written by a songwriter or songwriters affiliated with a PRO, MRO and/or CMO (such songwriters may include, without limitation, you, any Represented Artist, or even a songwriter that writes the music for, but does not perform on a given Sound Recording), you have correctly identified such songwriter(s) on the Site as being so affiliated, and all information that you have provided in connection with such identification is accurate and complete in all respects.
       10. You represent and warrant that, to the extent that you identify a songwriter or songwriters of Music that you upload to the Site as NOT being affiliated with a PRO, MRO or CMO that no fees or payments of any kind whatsoever shall be due from LEGIT to any PRO, MRO, CMO or music publisher for the public performance, communication to the public or mechanical reproduction of your Musical Works.
       11. You represent and warrant that no fees of any kind shall be due from LEGIT to any third party (save for a relevant PRO, CMO or MRO or other authorized publishing entity), including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Music as authorized under this Agreement. For clarity you represent that no fees of any kind shall be due from LEGIT to any third party with respect to Transactions in the United States including to any MRO or other authorized publishing entity.
       12. If any agreement you have entered into with any third party, including, but not limited to a PRO, MRO, CMO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the five paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your Music on the Service, including all court costs and legal fees. Notwithstanding the foregoing, you shall not be prohibited from uploading your Music to the Service by reason of an agreement with a PRO, MRO, CMO or other authorized publishing entity if you properly and accurately identify any and all affiliations of the songwriter(s) of the music with the applicable collecting societies or authorized publishing entities.
       13. If you identify a songwriter of Music that you upload to the Site as NOT being affiliated with a PRO, MRO, CMO or other authorized publishing entity, and LEGIT determines that any such songwriter is, or is likely to be, affiliated with a relevant collecting society or publishing entity, LEGIT may, at its discretion (and without limiting any other rights or remedies LEGIT may have hereunder, at law or in equity), (i) deduct and accrue the Publishing Share from the gross revenue from Digital Transactions related to such songwriter, (ii) remove any or all Music written by such songwriter from the Service, and/or (iii) terminate your access to all or any part of the Service. LEGIT shall have no obligation to review the accuracy of any statements with respect to collecting society or publishing entity affiliation, and further shall have no obligation to review Music uploaded to the Site to determine if it infringes upon the rights of any party, including without limitation, any collecting society or publishing entity.
       14. You agree to allow LEGIT to recover any amounts representing the Publishing Share not retained by LEGIT at the time of sale as a result of you supplying incorrect writer or publisher information or otherwise not updating such information. In such circumstances, LEGIT may debit your account. If there are insufficient funds to cover your liability, you agree to reimburse LEGIT through other means.
            
16. General
    1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
    2. This Agreement will be governed by and interpreted in accordance with all applicable laws.
    3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
        
17. Privacy and Personal information
    1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.
        
18. Overseas Orders
    1. Orders delivered outside of Australia are not subject to Australian taxes. Because the shipments pass through customs, they are subject to import duties, taxes, and custom processing fees. In most cases, a bill will accompany the delivery, and is payable upon receipt of the package, or the bill will follow shortly in the mail. All taxes and customs duties are the responsibility of the recipient of the delivery. Please note that we cannot estimate the amount of the taxes, duties and/or fees that will be applied to international orders. We suggest you contact your country's customs bureau before placing your order.