Terms and conditions

Website Terms and Conditions

 

1. General

​

In these terms and conditions, “we”, “us” and “our” means ImageArk Designs. Please read these terms and conditions carefully as they apply to your use of the ImageArk Designs website (the Website). By accessing or using the Website you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

 

2. Licence to use the content on the Website

​

(a) You acknowledge that the Website is subject to copyright and possibly other intellectual property rights.

​

(b) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

​

(c) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licences referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.

​

(d) Except as provided in these terms and conditions, permission to copy, reprint, download or electronically reproduce the Website in whole or in part for any other purpose is expressly prohibited, unless a prior written consent and a further commercial-use licence is obtained from us, or an image copy is printed and sold through the gallery. You may contact us if you wish to obtain such consent.

​

(e) Subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

 

3. Linking to this Website

​

(a) We encourage you to provide links to this Website to other parties. While you may use the name “ImageArk.com.au” in the text of any such link, you may not use any of our other trademarks without our prior written consent.

​

(b) You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.

​

(c) If we notify you that we object to the way you provide links to this Website, you must immediately cease providing such links.

 

In using the Website, you must not:

​

(a) violate any applicable laws.

(b) use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent, or infringing of another person’s rights.

​

(c) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software.

​

(d) collect or store personal data about other users of the Website; or

​

(e) engage in any conduct that inhibits any other person from accessing or enjoying the Website.

 

4. The Shop

​

To the extent permitted by law, we disclaim all responsibility or liability for or arising in respect of the use by you of the online shop. Your use of the online shop is subject to ImageArk Designs terms and conditions of use.

 

5. Warranties and Liability

​

(a) All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions or the Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.

​

(b) In particular, and without limiting paragraph (a):

​

(i) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error-free or that the Website or the server from which it operates are free of viruses or other harmful components; and

​

(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

​

(c) Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Competition and Consumer Act 2010 (Cth) and corresponding provisions of Australian state or territory legislation, which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances.

 

(d) If any term, condition or warranty is implied into these terms and conditions and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option:

(i) in the case of goods, 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; or

 

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

 

(e) Subject to our obligations under the terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions or the Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to AUD$100. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above.

 

(f) In the case of electronic files and downloads from the website we reserve the right to only replace a file or download and will not accept refunds unless it can be proven the file or download was not received by the purchaser.

 

(g) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include: (i) special, indirect, consequential, incidental or punitive damages; or (ii) damages for loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

 

(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability. 6. Variation of the Website We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

 

7. Links and advertisements

 

We are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link does not imply that we endorse the linked site.

 

8. Privacy policy

 

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy, which forms a part of these terms and conditions. Our privacy policy is available online on this site.

 

9. Force majeure

 

Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.

 

10. Legal detail

 

(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

 

(b) These terms and conditions are governed by the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.

 

(c) These terms and conditions constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.

 

(d) Your use of the Website is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

 

(e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions. (f) The word “including” when used in these terms and conditions is not a term of limitation.