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VIP TERMS AND CONDITIONS

VIP TERMS AND CONDITIONS FOR MEMBERS SUBSCRIBING AFTER AUGUST 1, 2017. 

[VIPs who joined prior to August 1, 2017 please scroll down to find your Ts and Cs below]

 

Membership plan:

 

VIP subscription

Cost per week 

 

VIP SITE ACCESS

 

$4.95 AUD

 

Please note there is no discount offered to members of this VIP subscription. There are no perks for continuous subscription as with older VIP membership packages.

Please be mindful that if you cancel your subscription we do not offer pro-rata refunds.


Benefits of membership:

  • Unlimited access to the Living Dead Clothing VIP Site www.livingdeadvip.com where you can enjoy exclusive products and some items which were sent to the 'Crypt' (AKA sold out and no longer available to the general public).
  • Special access to stock and samples not offered to the general public.
  • Please note that designs can be added and removed from the VIP site at any time without warning.

How old do you have to be?

You must be at least 18 years of age to qualify for VIP membership. 

Can join this new VIP program and upgrade or work my way up to receive the perks associated with 'Werewolf' membership or 'Zombie' membership? 

Nope. RIP Zombie and Werewolf subscriptions. They are now closed to subscribers and won't be re-opening. If you are an existing VIP who subscribed under a previous membership or before August 1 2017, please scroll down for your Ts and Cs.  

 

Can I change my mind?

If you would like to cancel your VIP subscription with Living Dead Clothing a request must be made in writing to info@livingdead.com.au. Please note there is no cooling off period.
 

Can I take a break from my subscription?

No. You must pay the weekly fee on time each week. Alternatively you can request to cancel your subscription.

Do I ever need to renew my subscription?

No, your subscription is ongoing and automatically paid weekly so you will never need to renew your subscription.

How can I pay?

A direct debit will be set up to your nominated credit/debit card.

When does the payment come out of my account?

The first weekly payment will be immediately debited from your nominated credit/ debit card. The ongoing weekly payment will be taken each week on the same day as you joined the VIP program. So, if you joined up on a Tuesday your weekly fee will be taken out every Tuesday from then on. If your usual day falls on a public holiday your payment will be taken on the next business day.

You must make sure:

• There is enough money in your account on the payment day 
• You tell us if you are transferring or closing your account, at least 48 hours before your next direct debit or else your VIP membership could be cancelled. 
• You tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit. If you get a new card you must notify us or change your payment details, as if the payments stop your membership will be cancelled. 

Please tell us and your financial institution if you want to change or stop your direct debits.

What happens if your payment is late or fails?

If payment cannot be processed from your bank account or credit card on the due date your VIP status will be suspended. You will be given seven days to make payment and if payment is not made in that time your subscription will be terminated.

If you would like to re-join the VIP program you will have to sign up again and pay the sign-up fee. Please note, at certain times when the VIP program is at capacity, signing up again might not be a possibility. 

Querying a payment

If you query a payment, we will do our best to respond within seven days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.

Currency Conversion

Living Dead Clothing do not monitor or control currency conversion and therefore the weekly amount will be deducted at the current global exchange rate at the time payment is processed. All money is converted to Australian Dollars (AUD).

Can Living Dead change the VIP terms and conditions?

We may sometimes need to add to, change or remove sections of our VIP terms and conditions. If this is the case you will be given a minimum of 14 days notice via email. If you do not agree with the changes made to our terms and conditions you are able to terminate you subscription at any time.

In the unlikely event that we need to take the website offline due to technical issues or excessive order volumes this isn't considered a change in terms and all payments will continue status quo. This would be a very unlikely and extreme case scenario, however we would email VIP members and advertise this on our social media platforms, to inform customers prior. 

Can Living Dead Clothing increase VIP Package fees?

Our fee structure is locked in at the agreed rate for 48 months from the time VIP started. After the first 48 months an indexation may occur. You will be notified in advance of any changes to the VIP Package pricing structure. Living Dead Clothing reserves the right to cancel any membership package at any time and there are no pro-rata refunds. 

Abuse of membership

The benefits, including access to the VIP-only website, are to only be used for the person whose name the membership is in. VIPs should not purchase items for, nor share VIP website password with, non-VIPs.  

Can I transfer my VIP membership into another person’s name?

No. 

Can anyone else log in to my account or use my VIP website password?

No. The only person authorised to access the account is the VIP who signed up with their name and their payment details. 

What happens if you break these terms and conditions?

Your membership may be temporarily or permanently terminated depending on the severity of the breach. Living Dead Clothing reserves the right to terminate any membership at any time.

 

PRIVACY POLICY:

During your membership we will have access to the personal and financial information you provided during VIP sign-up. We will only use, disclose or deal with your information in line with our privacy policy.

This Privacy Policy applies to products offered by Living Dead Clothing.

Statement of Commitment 

Living Dead Clothing is committed to protecting your privacy and any personal information we collect. Living Dead Clothing complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.

Living Dead Clothing is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Living Dead Clothing will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information may mean some or all of the following:a member’s name, contact details, date of birth, bank account and/or credit card details and sensitive information.

Collecting personal information

Living Dead Clothing will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.

We collect personal information primarily to enable us to provide members with our services.Living Dead Clothing may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

You don’t need to identify yourself when you contact us or deal with us (e.g. enquiries or to find out further details regarding membership packages) however in certain situations we will only deal with individuals who have identified themselves to us. When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Living Dead Clothing products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Living Dead Clothing being unable to provide services or products to you.Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Living Dead Clothing’s VIP program. This can be completed online via our website.

Use of tracking technologies

Living Dead Clothing uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a website transfers to a computer’s hard disk for record-keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview a HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookiesor web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow Living Dead Clothing to monitor the Living Dead Clothing web site, and to record how many people are using the different parts of the site.It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Living Dead Clothing’s website.

Using and disclosing your personal information

Personal Information will be used for the following primary purpose:• To fulfil obligations under a member’s membership agreement and/or any other contract betweenhim/her and Living Dead Clothing;
• To render services under a member’s membership agreement;
• To provide information about products, service and/or special offers to members;
• To obtain opinions or comments about products and/or services from members;
• To record statistical data for marketing analysis from members.

Living Dead Clothing does not send advertising information without obtaining prior consent. If an individual receives communications from Living Dead Clothing which they do not wish to receive, they may remove their name from the database by contacting Living Dead at info@livingdead.com.au

Individual’s right of access

Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on Living Dead Clothing’s database. Information may be reviewed, amended or deleted by emailing info@livingdad.com.au 

A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons.

Storage and security of personal and/or sensitive information

Living Dead Clothing takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers. Living Dead Clothing employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Living Dead Clothing. Living Dead Clothing only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriateauthority. We destroy or de- identify personal information we no longer need, wherever possible.

Problems, queries or complaints

For further information regarding this Privacy Policy or to make a complaint about the steps taken by Living Dead Clothing to protect your personal information or privacy, please contact Living Dead Clothing by emailing info@livingdead.com.au. We will investigate any complaints received in writing and do our best to resolve them as soon as possible.

If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:Office of the Australian Information CommissionerPhone 1300 363 992Post GPO Box 5218Sydney NSW 2001Online Form: www.oaic.gov.au

 (Privacy Complaint Form).

 

Living Dead Clothing reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website. 

 

 ________________________________________________________________________________

TERMS FOR MEMBERS WHO SUBSCRIBED PRIOR TO AUGUST 1, 2017

There are three separate levels of VIP membership for those who joined our VIP program prior to August 1, 2017. 

Level

Cost per week

Set up fee

Discount

 

Zombie (closed to new subscribers as of August 1, 2017)

 

$3.95 AUD

 

N/A

 

20%

Werewolf (closed to new subscribers as of August 1, 2017)

$4.95 AUD

N/A

30%

Vampire

 

Cannot be purchased directly. Vampire membership is granted after 12 months of Zombie of Werewolf membership

 

 

 

Please be mindful that if you cancel your subscription part way through the year we do not offer pro rata refunds and please note that you cannot swap your yearly membership for a weekly membership.
 

Benefits that apply to every level of membership, if you joined prior to August 1, 2017:

  • FREE personalised rainmaker after three months of continuous subscription.
  • If you paid for an annual subscription you will receive a FREE personalised rainmaker immediately after subscribing, no waiting period required.  
  • Exclusive VIP membership card
  • Special access to stock not offered to the general public
  • Automatic upgrade to Vampire membership after 12 months of membership, which entitles you to a FREE custom garment - you choose the style and the design!   
  • Please note that licensed and unique designs can be added or removed from the VIP Portal at any time without warning to make way for new designs. 

With the custom items, you choose the colours, copy and design. 
Please see our rainmaker templates below to help with your design: 

 

How do I reach the Vampire level to design a custom skater dress or leggings etc?

You cannot buy in to the Vampire level. After one full year of continuous subscription to our Zombie or Werewolf VIP programs you will then be granted Vampire membership. Vampire VIPs can design their own custom LDC garment - anything you want on the following styles:  

  • Leggings
  • Skater Dress
  • A-Line
  • Bodycon 
  • One Piece Swim
  • Bodysuit
  • Crop Top
  • T-shirt

It's the responsibility of the member to contact us to claim your Vampire benefit.

It is the responsibility of the qualifying member to contact us at joel@livingdead.com.au to redeem your custom garment. Please check your membership history to ensure you have 12 months continuous membership. 

You will only have one revision of your design before it will be signed off and produced. We won't be providing custom artwork, editing artwork or reproducing artwork. You need to be fully satisfied with your choice of artwork that you send us, as there are no alterations once the process has begun. 

It is the responsibility of the member to not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Further, members must not misrepresent content, including artwork for sale, in the picturing and description of that content. We will not accept designs that are obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. The content sent to us by members must not be fraudulent or illegal in any manner nor contain viruses, trojans, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire LDC website, including all databases.

Due the the large number of qualifying Vampire members please be patient with the approval process and subsequent manufacturing timeframes. Our best practice is to send each approved custom piece within 28 days. 

Image/artwork requirements for the Vampire custom garment:

Image needs to be at least 3000px by 3000px. To find large images Google search for your desired image, click ‘Search Tools’, click the ‘Size’ drop down, hover over ‘Larger Than’ and select 10MP or 12MP. Please ensure you are happy with the image you provide, as we will not be doing any editing, alteration or customisation.

How old do you have to be?

You must be at least 18 years of age to qualify for our VIP membership programs. 

Can I start at Zombie level and upgrade to Werewolf level later?

No. If you cancel your existing membership to subscribe to another plan, please keep in mind that no new Werewolf and Zombie sign-ups will be accepted after August 1, 2017. You will have to sign-up under the new membership program (outlined at the very top of this page). 

Can I change my mind?

If you would like to cancel your VIP subscription with Living Dead Clothing a request must be made in writing to info@livingdead.com.au. Please note there is no cooling off period.

Can I take a break from my subscription?

No. You must pay the weekly fee on time each week or request to cancel your subscription.
There is no cancellation fee but please be aware as of August 1, 2017 Werewolf and Zombie membership sign-ups will be closed. You can re-join under the new VIP membership program (outlined at the very top of this page).

Please note if you cancel your subscription and re-sign under the new program you will not be eligible to reach Vampire membership level. Vampire membership, and the free custom garment, is only granted after 12 months of continuous membership to ONE VIP program. For e.g. you will not be eligible for Vampire membership, or the free custom garment, if you are a Werewolf VIP for 11 months, cancel your subscription and then join the new VIP program for one month. Although you will have been a VIP for more than 12 months, as stated previously it has to be continuous membership of Werewolf or Zombie program only. 

If you signed up prior to August 1, 2017 and your membership is terminated due to non-payment and you decide to sign up under the new program, you will void the chance to reach Vampire level.  

Do I ever need to renew my subscription?

No, your subscription is ongoing and paid weekly so you will never need to renew your subscription.

Does my discount apply to sale items? What about my loyalty points?

No, the VIP discount cannot be used in conjunction with any other sales, promotions or offers, including the loyalty points. If you have accumulated enough loyalty points to be entitled to a discount higher than the one offered by your level of VIP you should choose to use it instead.

If I sign up again am I entitled to another custom rainmaker? 

No, you are only entitled to one custom rainmaker or piece under each customer name, regardless of new subscriptions.

How can I pay?

A direct debit will be set up to your nominated credit/debit card.

When does payment get taken?

A one off $60 start-up fee (except for annual membership which do not have a start-up fee) will be immediately debited from your nominated credit/ debit card, along with the first weekly payment. The ongoing weekly payment will be taken each week on the same day as you joined the VIP program. So, if you joined up on a Tuesday your weekly fee will be taken out every Tuesday from then on. If your usual day falls on a public holiday your payment will be taken on the next business day.

How do direct debits work?

Payments will be automatically deducted once a week for those who choose weekly membership options, and on the annual anniversary date for yearly members. The payment will be deducted from your nominated credit/debit card on the same day of the week you set you your subscription. If your usual day falls on a public holiday your payment will be taken on the next business day.

You must make sure:
• There is enough money in your account on the payment day 
• You tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
• You tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit. If you get a new card you must notify us or change your payment details, as if the payments stop your membership will be cancelled. 

Please tell us and your financial institution if you want to change or stop your direct debits.

What happens if your payment is late or fails?

If payment cannot be processed from your bank account or credit card on the due date your VIP status will be suspended. You will be given seven days to make payment and if payment is not made in that time your subscription will be terminated.

If you would like to re-join the VIP program you will have to sign up again under the new VIP program (details outlined at the very top of this page). As Werewolf and Zombie memberships are closed to new subscribers, you cannot re-join under the terminated membership, and you will no longer receive those perks. 

Querying a payment

If you query a payment, we will do our best to respond within seven days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.

Currency Conversion

Living Dead Clothing do not monitor or control currency conversion and therefore the weekly amount will be deducted at the current global exchange rate at the time payment is processed. All money is converted to Australian Dollars (AUD).

Can Living Dead change the VIP terms and conditions?

We may sometimes need to add to change or remove sections of our VIP packages' terms and conditions. If this is the case you will be given a minimum of 14 days notice via email. If you do not agree with the changes made to our terms and conditions you are able to terminate you subscription at any time.

In the unlikely event that we need to take the website offline due to technical issues or excessive order volumes this isn't considered a change in terms and all payments will continue status quo. This would be a very unlikely and extreme case scenario, however we would email VIP members and advertise this on our social media platforms, to inform customers prior. 

Please ensure you are aware of the correct sizing for you custom rainmaker or custom VIP garment prior to placing your order. We don't except returns or exchanges on these items unless due to a manufacturing error. 

Can Living Dead Clothing increase VIP Package fees?

Our fee structure is locked in at the agreed rate for 48 months from the time VIP started. After the first 48 months an indexation may occur. You will be notified in advance of any changes to the VIP Package pricing structure. Living Dead Clothing reserves the right to cancel any membership package at any time.

Abuse of membership

The benefits including the discount are to only be used for the person whose name the membership is in. VIPs should not purchase items for others with their discount.

Can I transfer my VIP membership into another person’s name?

No. A subscription can only ever be in one name.

Can anyone else log in to my account?

No. The person whose name the account is in is the only person authorised to access the account.

What happens if you break these terms and conditions?

Your membership may be temporarily or permanently terminated depending on the severity of the breach. Living Dead Clothing reserves the right to terminate any membership at anytime.

 

PRIVACY POLICY:

During your membership we will have access to the personal and financial information you provided during VIP sign-up. We will only use, disclose or deal with your information in line with our privacy policy.

This Privacy Policy applies to products offered by Living Dead Clothing.

Statement of Commitment 

Living Dead Clothing is committed to protecting your privacy and any personal information we collect. Living Dead Clothing complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.

Living Dead Clothing is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, Living Dead Clothing will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information may mean some or all of the following:
a member’s name, contact details, date of birth, bank account and/or credit card details and sensitive information.

Collecting personal information

Living Dead Clothing will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.

We collect personal information primarily to enable us to provide members with our services.
Living Dead Clothing may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

You don’t need to identify yourself when you contact us or deal with us (e.g. enquiries or to find out further details regarding membership packages) however in certain situations we will only deal with individuals who have identified themselves to us. When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other Living Dead Clothing products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in Living Dead Clothing being unable to provide services or products to you.
Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of Living Dead Clothing’s VIP program. This can be completed online via our website.

Use of tracking technologies

Living Dead Clothing uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a website transfers to a computer’s hard disk for record-keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview a HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies
or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow Living Dead Clothing to monitor the Living Dead Clothing web site, and to record how many people are using the different parts of the site.
It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by Living Dead Clothing’s website.

Using and disclosing your personal information

Personal Information will be used for the following primary purpose:
• To fulfil obligations under a member’s membership agreement and/or any other contract between
him/her and Living Dead Clothing;
• To render services under a member’s membership agreement;
• To provide information about products, service and/or special offers to members;
• To obtain opinions or comments about products and/or services from members;
• To record statistical data for marketing analysis from members.

Living Dead Clothing does not send advertising information without obtaining prior consent. If an individual receives communications from Living Dead Clothing which they do not wish to receive, they may remove their name from the database by contacting Living Dead at info@livingdead.com.au.

Individual’s right of access

Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on Living Dead Clothing’s database. Information may be reviewed, amended or deleted by emailing info@livingdead.com.au

A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons.

Storage and security of personal and/or sensitive information

Living Dead Clothing takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers. Living Dead Clothing employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by Living Dead Clothing. Living Dead Clothing only permits authorised personnel to access your information and information will only be disclosed to third parties where they have the appropriate
authority. We destroy or de- identify personal information we no longer need, wherever possible.

Problems, queries or complaints

For further information regarding this Privacy Policy or to make a complaint about the steps taken by Living Dead Clothing to protect your personal information or privacy, please contact Living Dead Clothing by emailing info@livingdead.com.au. We will investigate any complaints received in writing and do our best to resolve them as soon as possible.

If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).

Living Dead Clothing reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website. 

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