Terms and Conditions

The website at www.styliscreations.com.au and all associated digital platforms, membership platforms, social media accounts and mobile applications (together, Website) and the Website’s contents, products, materials and services are owned, operated and provided by Lisa Sinagra t/a Stylis Creations ABN 80 411 509 376 (Stylis Creations we, us or our). The term ‘you’ refers to any user or browser of the Website or purchaser of our Services.

The terms and conditions set out in this document and any additional disclaimers, policies and legal notices displayed on our Website from time to time (together, Terms and Conditions) govern and explain how you may use the Website and the Services.

It is important that you read and understand these Terms and Conditions. By accessing any information on our Website or using the Services, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether you are a visitor simply browsing the Website or are using the Services (together, users).

You acknowledge and agree that the use of the Website and Services is at your own risk and that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of the Terms and Conditions, and your use of the Website and Services may be terminated in accordance with the provisions below.

If you are under the age of eighteen (18), you must obtain your parent’s or guardian’s prior consent to use the Website and Services.

You may not use the Services and may not accept the Terms and Conditions if you are not of legal age to form a binding contract with Stylis Creations; or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

1.     WEBSITE PERMITTED USE

Stylis Creations prohibits the use of the Website or any of its functionalities, features and content in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere with or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes Stylis Creations’ rights or the rights of others.

You may not use the Website or Services, or any part of them, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your personal use, or in a manner not permitted by the Terms and Conditions.

2.     SERVICES

2.1 Disclaimer

Our Website aims to offer and provide you with information about our Services including our Website Services, coaching, online courses, digital products and resources (Services). The information, content and material contained in or made available through the Website and Services are provided for general information purposes only. None of the content on this Website represents or warrants that the Services are appropriate or effective for you. All information provided by us is provided in good faith, though we make no guarantees of any specific results or outcome from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up to date as at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current or complete at all times.

The Services are not to be used as a substitute for professional legal, financial or building and construction advice and it is the Client’s responsibility to seek independent professional advice and satisfy any queries as necessary prior to proceeding with the Services.

Our Services, subject to any formal agreement we have with you, may be subject to change without notice. We reserve the right at any time and without notice to modify or discontinue any Services and we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any Services. Subject to law, we reserve the right to limit the sales of our Services to any person, region or jurisdiction. All descriptions of our Services and pricing on our Website are subject to change at any time without notice, at our sole discretion.

2.2. Personal Data

By using any current or future messaging service or online booking system on our Website or subscribing to any current or future newsletters or blogs on our Website, purchasing our Services, or registering for memberships, you will be added to our email list. If you do not want to remain on our database, you can follow the instructions on the form to update your subscription, data preferences or unsubscribe from our email communications or email us at any time at lisa@styliscreations.com.au.

You agree that the personal information that you provide to us via the Website, or via any digital platforms we use, which may include, but is not limited to, your title, name, age, gender, address and telephone number (Personal Data), will be true, accurate, current and complete. You acknowledge and agree that Stylis Creations (and, if applicable, any relevant third party of our choosing) will collect your Personal Data for the purpose of booking a consultation. You acknowledge that if we cannot collect this and other Personal Data as requested, we will not be able to book your consultation appointment and may not be able to provide you with some or all our Services. For more information, please refer to our Privacy Policy.

2.3 Testimonials, Endorsements and Affiliates

Testimonials (visual and written) and any publicity materials displayed on our Website are examples of real experiences and opinions of people’s experiences with us, our Services, and are for illustration purposes only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.

We may refer to third-party products, services, experts, and other third-party service providers on the Website. Any such reference is not intended as an endorsement or statement that the information provided by the third party is accurate. Stylis Creations makes no warranties as to the suitability or reliability of third-party service providers nor gives any guarantees as to the outcome or results of their products or services. It is your responsibility to conduct your own research and make your own determinations about any such products, services, experts, and other service providers.

We may participate in affiliate marketing and may allow affiliate links to be included on our Website. This means that Stylis Creations may earn a commission when you click on or make purchases via affiliate links. We will inform you when one of the links on our Website is an affiliate link and will only affiliate with products, services, experts, and other third-party service providers that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference or information provided by us and will conduct your own research and will rely upon your own research in deciding whether to purchase the affiliate product or service.

3.     MEMBERSHIP PLATFORM

The Website includes access to a digital platform (Membership Platform) that enables you to join our community (Membership), which aims to provide you with educational tools, materials, content and resources for interior design and interior design businesses (Digital Materials).

By using any such product or service from the Membership Platform, you are allowing Stylis Creations to share with a third party with whom we have a pertinent contractual relationship (Associated Third Party) any information necessary to facilitate its provision of products, services, or functionality to you. By signing up to and/or making payment via the Membership Platform, you will be deemed to have read, understood, and agree to be bound by the Terms and Conditions (and the terms of any Associated Third Party). If you do not agree, you must not continue to use the Membership Platform. If you are signing up on behalf of a company, you warrant you have the authority to act on behalf of the company and to bind the company to the Terms and Conditions.

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

3.1 Member Account

To access the Membership Platform, you will have to register a user account (Member Account), where you will be required to provide Personal Data, including but not limited to your full name, email address, username, and password, which Stylis Creations will hold in accordance with our Privacy Policy.

By registering a Member Account, you acknowledge and agree:

1. Any information you provide to Stylis Creations will be accurate, correct and up to date.
2. Providing false and misleading personal information is grounds for immediate termination of your Member Account or ban from the Membership Platform without notice.
3. You are responsible for protecting the confidentiality of your password; the use of your Member Account by any other person is strictly prohibited.
4. You must immediately notify Stylis Creations of any unauthorised use of your password or email address or any breach of security of which you have become
5. Your Member Account is limited, non-transferable and allows for the sole use by you for the purposes of Stylis Creations providing the Services.
6. You will not use your Member Account in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Stylis Creations.
7. You will not use your Member Account for any illegal and/or unauthorised use, including, but not limited to automated use, collecting data, sending unsolicited emails, or the unauthorised linking of commercial advertisements, affiliate links, or other forms of solicitation.
8. Stylis Creations may remove any account for illegal or unauthorised use from the Membership Platform without notice, and may result in termination of the Services and legal action.

3.2 Membership

1. Unless otherwise offered, Stylis Creations has one Membership with inclusions outlined on the Membership information page which may be updated or amended from time to time.
2. Stylis Creations reserves the right to change the features, content or Services related to the Membership to improve the quality of the Membership offered to you or for any other reason, at its sole discretion and without notice.

1. Stylis Creations does not make any representations, whether express or implied, with respect to your reliance on the content or Services related to the Membership or provide any guarantees as to the outcome of the Membership.
2. Unless otherwise offered, the Membership period is six (6) months. At the end of the Membership period, your Membership will automatically cease, unless you renew it.
3. You agree to pay Stylis Creations the Membership fees set out as on the Membership information page. You agree and acknowledge that Stylis Creations can vary the Membership fees at any time by providing advanced notice to you.
4. Stylis Creations will only accept completed applications and reserves the right to reject an application for any reason.
5. Upon acceptance of your Membership, you will receive a confirmation email on receipt of your completed application and payment, and details how to access the Membership portal.
6. Stylis Creations will respond to communications during business hours only, within forty-eight (48) hours or as soon as practicable.
7. You agree to cooperate with Stylis Creations to resolve all issues that arise with regards to the Membership or in the provision of the Services, internally and in confidence.
8. Stylis Creations grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Membership and any related accompanying materials, software, content including recordings, equipment or other materials for your specific, non-commercial use only (License). The License is valid for the length of your Membership. This means the Services will be viewable via the download link for the term of the License only. After this time the License will expire, and you will no longer be able to access the Services. The Services are intended for a single use only. Sharing of your License is prohibited. This includes the sharing of any supplemental materials, digital resources, and access to any other aspect of the Membership.

3.3 Digital Materials

1. Digital Materials are made available for download or purchase via the Membership Platform. The Digital Materials are subject to the License, whether purchased for a fee or not.
2. You agree you are responsible for ensuring you have the necessary computer hardware, software and internet connection and Stylis Creations accepts no liability with regards to transmission, delay, or inability to access the Digital Materials via your equipment, digital mediums or telecommunications operators.
3. Stylis Creations may provide access to or remove any Digital Materials at any time; or change the timing or method of delivery of the Digital Materials.
4. Stylis Creations does not provide any guarantees as to the quality of the Digital Materials. You shall remain solely responsible for assessing the implications or risks of using or purchasing the Digital Materials.
5. Stylis Creations does not guarantee any results from the use of the Digital Materials. They are for educational purposes only, and are not intended as a substitute for legal, financial, or building and construction or any other professional advice.
6. Instructions on how to access, download or how the Digital Material will be delivered to you, will be made available on the Membership Platform. If you cannot access the Digital Materials, you can contact lisa@styliscreations.com.au.
7. Stylis Creation is not responsible for, nor endorses or accepts liability for the availability, quality or reliability of any third-party Digital Materials made available or accessible via the Membership Platform.

3.4 Coaching Services

1. Where group coaching is offered as part of the Membership, you understand that to enhance the benefit of the coaching you should create the time and energy to participate fully in the program, communicate honestly, be open to feedback and be respectful of the coach and other participants.
2. You agree to adequately prepare for each session by following the reasonable requests of Stylis Creations including, but not limited, to bringing an issue or agenda to the relevant session from time to time.
3. You agree to attend each session on time. Stylis Creations will not be responsible for you missing out on the value of a session should you only attend part of, or do not attend, the session.
4. You are solely responsible for creating and implementing your own business, financial, marketing, and other decisions and any results arising out of or resulting from the coaching, or Services associated with Stylis Creations. You agree that Stylis Creations is not, and will not be, liable or responsible for any actions or inaction, including effects on your business, personal life or career, or for any direct or indirect result of the coaching Services.

3.5 Audio-Visual Recordings

1. Where possible, group sessions will be recorded and made available, or can be requested, via the Membership portal.
2. You will be notified prior to the commencement of any group session which is being recorded. By participating in a group session which is being recorded, you consent to Stylis Creations recording the sessions via the Membership Platform. If you do not consent, you must notify Stylis Creations in writing, prior, and not participate in any group call sessions which are being recorded.
3. You may not record the group call sessions without prior consent from Stylis Creations.
4. Screen shots, clips and other material from the recorded group call sessions may be used for inclusion on Stylis Creations’ Website, blog, portfolio, or for marketing and promotional purposes, with your prior consent.
5. Stylis Creations is entitled to delete any session recordings after 30 days.

3.6 Obligations with Respect to Confidential Information

1. a) A recipient of confidential information (Confidential Information) may use Confidential Information of the discloser only for the purposes of the group session; must keep confidential all Confidential Information of the discloser except to the extent (if any) the recipient is required by law to disclose such Confidential Information; and must destroy or return all Confidential Information immediately upon request.
2. b) The provisions of confidentiality will be applicable to all the participants of any group sessions, whether as a recipient or discloser.
3. c) Stylis Creations will do all things reasonably required to ensure the participants of group sessions are aware of their obligations with respect to confidentiality, but participants will be responsible for any information they disclose in the group, and indemnifies Stylis Creations of any obligations of confidentiality with regards to Confidential Information disclosed by them.

3.7 Third-Party Contractors and Consultants

1. Stylis Creations may, at any time and with sole discretion, outsource any of the Services to third-party contractors or consultants (Third-Party Providers), including guest speakers, without your prior consent.
2. Stylis Creations will not be liable for any action or inaction, opinions, views or advice of any Third-Party Provider.
3. Stylis Creations makes no implied affiliation, endorsement claim or representations regarding Third-Party Providers, and accepts no responsibility for, the quality, content, nature, or reliability of any Third-Party Provider’s products or services made accessible via the Website or Services.

4.      PAYMENT

4.1 Purchasing

1. You agree to pay the purchase price as indicated on the item listed for purchase.
2. Prices may be subject to change at the discretion of Stylis Creations.
3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
4. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.
5. You agree to follow the payment instructions on how to purchase and access the items following payment.

4.2 Gateways and Merchants

1. You agree to comply with the terms provided by any payment-processing merchant we use from time to time, and payment of any transaction fees.
2. You agree that we (or our payment-processing merchant) may securely collect Personal Data obtained during payment. You acknowledge that if we cannot collect this Personal Data and other Personal Data as requested, we will not be able to process your purchase and/or provide you with some or all of our Services. For more information, please refer to our Privacy Policy.
3. We reserve the right to change the preferred payment gateway from time to time and without notice.

4.3 Credit Cards, Chargebacks and Payment Security

1. a) Where we accept credit card payments, you agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless it is caused by our fraud or negligence.
2. b) To the extent that you provide us with your credit card(s) information for payment, we shall be authorised to charge your credit card(s) for any prior unpaid charges. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent.
3. c) You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.
4. d) You shall not change any of the credit card information provided to us without notifying us in advance. Stylis Creations reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

4.4 Third Party Transactions

1. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, Membership Platform or Services, all purchase terms, conditions, representations or warranties associated with payment, and refunds and/or delivery related to your purchase, are solely between you and that third party.
2. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

4.5 Cancelations and Refunds

1. All Services including but not limited to Membership, Digital Products, and coaching, provided under this Agreement are non-refundable.
2. If you cancel the Membership at any time, for any reason, you will remain liable for the full fees.
3. Any requests for refunds must be detailed in writing and will only be considered when options for rescheduling or replacements have been exhausted pursuant to the Australian Consumer Law.
4. If Stylis Creations is forced to cancel the Services for any reason other than an event of force majeure, you will be entitled to a refund of fees paid for Services that have not been delivered or provided.
5. The termination or conclusion of the Services does not affect or effect any release of any accrued rights or remedies of a party in respect of events, acts or omissions that occurred prior to the termination or conclusion of the Services.

5.     COMMUNICATION AND COMMUNITY GUIDELINES

5.1 User-Generated Content

1. a) The Website, including the Membership Platform, mobile applications and social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.
2. b) You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website or is in any way connected with the Website.
3. c) You agree not to publish any content, reviews or comments online regarding a dispute or the obligations of privacy.
4. d) You should also always consider the potential implications under the Competition and Consumer Act 2010 (Cth) and the Defamation Act 2005 (Cth) of making false and/or misleading statements and the potential for a claim for damages and other remedies where a person’s reputation has been harmed by the publication of defamatory matter, when publishing content reviews or comments online.

5.2 Community Guidelines

1. a) It is essential to ensure that all Members of our community adhere to our community guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate any content or incite any behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity, nationality, sexual orientation, age, gender or gender identity or disability.
2. b) You must not defame, stalk, bully, abuse, harass or intimidate anyone or restrict another user’s use and enjoyment of the community in any way. Stylis Creations prohibits negative, dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are or that you represent someone else or impersonate any other individual or entity for any purpose.
3. c) You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Services and inform the relevant authorities where appropriate.
4. d) You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

6.     THIRD-PARTY LINKS

1. The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services, or resources of any third parties, nor do they imply any endorsement by, or affiliation with us.
2. We do not guarantee, represent, or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software.
3. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly.
4. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.

7.     PRIVACY AND SECURITY OF INFORMATION

a)       Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand and agree to our Privacy Policy as updated from time to time. While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure.

b)      We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information.

c)       For information on data breaches and data security, please review our Privacy Policy.

8.     INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE

1. You acknowledge and agree that the Website and the Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force.
2. You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Services (and/or any associated usernames/passwords, if applicable) you purchased to any third party or person. In some cases, we may encrypt and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.
3. Stylis Creations respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services is the original content of Stylis Creations or is otherwise provided with the relevant owner’s or owners’ consent and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to them or it.
4. These Terms and Conditions do not transfer any of our intellectual property rights to you or any third parties. You are granted no rights with respect to or license of our trademarks, service marks and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided, where applicable, with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights for the commercial use or distribution of any names, logos or trademarks, without the express written agreement of the relevant owners.
5. We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of these Terms and Conditions. If you infringe our intellectual property rights or the rights of any third party, we have the right to suspend access to or terminate your use of the Website or Services, and to report you to the relevant authorities or take any actions as appropriate or necessary.

9.     MAINTENANCE

1. Stylis Creations is responsible for the support and maintenance of the Website only. We may, at any time and without notice, modify, suspend, or terminate the operation of, or access to the Website, or any part of it, for any reason, as necessary to perform maintenance, error correction or other changes.
2. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, internet service providers and other external factors, and therefore we do not guarantee the availability of the Website at all times or at any specific times.

10.  TERMINATION OF WEBSITE USE

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

a)       where you are in breach of any of the Terms and Conditions or any related policies;

b)      where at any time you have committed any act of wilful or serious misconduct;

c)       if you fail to pay any fees, payments or expenses properly payable to us for our Services by the stipulated due date;

d)      where you have created a risk or possible exposure for us;

e)      where there are unexpected technical issues or problems;

f)        at the request of law enforcement or any government authority; or

g)       upon a request by you.

If you have entered into a formal agreement for our Services with us, please refer to the agreement in relation to our rights of termination of the Services and consequences of termination.

11.  DISPUTES

In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet to resolve the dispute or if they are unable to do so they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be confidential and privileged. If the parties do not resolve the dispute or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternative method to resolve the dispute within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.

12.  WARRANTIES AND LIABILITY

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS.

IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT OUR OPTION, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, AND, IN THE CASE OF SERVICES, AT OUR OPTION, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND/OR MAKE THE SERVICES UNAVAILABLE FOR INDEFINITE PERIODS, SUSPEND OR CANCEL THE SERVICES AT ANY TIME OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE AND SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE LAST TWELVE (12) MONTHS. AS SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSITE AND SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. WE DO NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE WEBSITE. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

13.  WAIVERS AND INDEMNITY

BY USING THE WEBSITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS AGAINST ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR MISUSE OF THE WEBSITE OR SERVICES OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND, LIMIT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR SERVICES OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS AND CONDITIONS.

14.  GOVERNING JURISDICTION

The laws of Western Australia govern these Terms and Conditions and any access to or use of our Services.

You irrevocably agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts of appeal from those courts to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.

15.  GENERAL

1. These Terms and Conditions constitute the entire agreement concerning your use of this Website and the Services and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this Website and the Services.
2. We reserve the right to amend the Terms and Conditions at any time and to add new or additional terms and conditions on your access to and use of the Website and Services. Please check these Terms and Conditions regularly before using our Website and Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.
3. If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed and the remaining portions of these Terms and Conditions will remain in full force and effect.
4. If we do not exercise or delay in exercising any rights to enforce performance of any of your obligations under the Terms and Conditions, it is not a waiver of our right: to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that we have waived our rights; and at any other time to require performance of that or any other obligation under the Terms and Conditions.
5. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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