Pattern Library Terms and Conditions

1. Our Pattern Libraries

1.1. You can view our various surface prints, patterns and designs (Pattern Prints) in two virtual libraries on our Website (Pattern Library), one of which is password-protected. In order to enter the Exclusive Pattern Library, you will need to submit a webform to us indicating various details including your name and business name. Once we receive and review your submitted webform, we may accept (but are not obliged to accept) your request and provide you with the password to enter the Pattern Library.

1.2. If we provide you with the password to enter the Pattern Library, you must not share it with any other person except as absolutely necessary to enable the management or executive level of your business to access the Pattern Library, such as sharing with your business partner.

1.3. You may purchase a licence in a Pattern Print in the Pattern Libraries. However, any purchases relating to any Pattern Print, and any wording suggesting a purchase of a Pattern Print, are not purchases for the copyright or ownership in the Pattern Print itself. Any such purchase does not assign to you our ownership and the intellectual property rights in the Pattern Print. You would merely be purchasing a licence to use the Pattern Print under certain restrictions and limitations (such as time limitations) as set out in the relevant Licence Agreement entered into with us.

1.4. To purchase a licence Pattern Print, you must:

(a) Add the Pattern Print to the cart. Please note you are not purchasing the Pattern Print itself but a limited licence in the Pattern Print.

(b) Fill in the short form regarding how you will use the Pattern Print.

(d) Once you have agreed, you may check out the licence in the Pattern Print and pay the licence fee. Please note payment of this licence fee represents an offer to purchase the licence and is a pending order only, and not a confirmed order nor a guarantee that your licence will be ultimately granted.

(e) When we receive notification of your payment, we will send to you a Licence Agreement with various details of your Pattern Print.

(f) Once you have read and signed the Agreement, you must provide us with a signed copy of the Agreement. If you change your mind about the Pattern Print prior to signing and returning the Agreement, please email us directly and we will provide you with a full refund. However, once the Agreement has been signed and returned to us, no refunds will be available.

(g) The digital file of the Licence Print will be released to you on the Commencement Date.

1.5. We reserve the right to refuse an order to purchase a Pattern Print for whatever reason. If we do, we will issue a full refund.

2. Availability of our Pattern Prints

2.1. Whilst we always strive for accuracy of the information displayed in the Pattern Libraries, you acknowledge and agree that the availability of the Pattern Prints may be incorrect and we may not be able to fulfil all or part of your order. If this occurs, we will contact you within a reasonable time to come to an alternative arrangement.

2.2. You further acknowledge and agree that from time-to-time, the Pattern Libraries may experience down-time in which the Pattern Prints may not be available.

3. Price and GST

3.1. The quoted prices for the Pattern Prints are in Australian dollars, and where applicable, are inclusive of Goods and Services Tax (GST).

3.2. You agree to pay the stated price (and any applicable charges and taxes) in Australian Dollars for all orders.

3.3. You must pay any GST if it is applicable at the same time and in the same manner as the consideration for the Pattern Prints.

3.4. We reserve the right to change the prices of our Pattern Prints at any time without notice. However, the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us.

3.5. We reserve the right to amend any pricing errors displayed on this Website or in the Pattern Libraries due to human error, computer malfunction or any other reason.

4. Payment terms

4.1. We accept payment via the payment gateway offered by Stripe, Inc (‘Stripe’). We reserve the right to change our mode of payment at any time.

4.2. To the extent permitted by law, we will not be held liable nor responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud.

4.3. We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.

4.4. If your payment is not received in full or declined by your bank or credit card issuer, we cannot hold Pattern Print/s against your order.

4.5. For more information about how Stripe stores your financial information, please visit their privacy policy.

5. Access to the Pattern Prints

5.1. Once payment has occurred, your order will be strictly a pending order. All payments and orders are pending orders until the Licence Agreement has been fully signed by both parties.

5.2. After signature of the Licence Agreement has occurred, a digital file of your Pattern Print/s will be released to you.

6. Refunds and Cancellations

6.1. If you are a consumer under the Australian Consumer Law, the Australian Consumer Law applies to the extent that it is inconsistent with these Terms.

6.2. If there is a minor problem with your Pattern Print/s(as defined in the Australian Consumer Law) we may replace the Pattern Print/s instead of offering you a refund.

6.3. If there is a major problem with the Pattern Print/s, a refund or a replacement may be available.

6.4. If you change your mind about your pending order, you may cancel your pending order and we will provide you a full refund. However, once the final Licence Agreement has been signed, no cancellations or refunds are possible unless otherwise provided for under Australian Consumer Law.

7. Your obligations

7.1. You must use and deal with the Pattern Print/s strictly in accordance with these Terms and any Licence Agreement as applicable to you. You are responsible for maintaining the security of the Pattern Print/s.

7.2. You must not share the Pattern Print/s with other businesses for their personal or commercial use, nor resell the Pattern Print/s in digital format.

7.3. You must attribute Emily Kiara Designs as the creator of the Pattern Print/s on your social media platforms by tagging our Instagram handle, either directly in the image or in the comments section.

7.4. If we become aware that you have used or otherwise dealt with the Pattern Print/s in a manner inconsistent with, contrary to or in breach of these Terms or any applicable License Agreement, then we reserve the right to take action against you.

7.5. You are responsible for ensuring you have access to required hardware and software to access the Pattern Print/s.

7.6. You are solely responsible for all uses, productions, manufacturing or application of the Pattern Print/s. We will only supply you with a digital file of the Pattern Print/s in which you have purchased a licence.

8. Disclaimer

8.1. We do not guarantee that you will achieve a particular result, outcome or quality from using, applying or producing in any form the Pattern Print/s. This includes no guarantee as to the merchantability, profitability, quality or aesthetic result of any use, application or production of the Pattern Print/s by you.

8.2. In particular, images of the Pattern Print/s on the Website are for illustration purposes only and colours may vary due to variations in display settings on different devices and computers. Due to variations in manufacturing, production processes, equipment, industrial methods and the inherent properties of materials, we make no guarantees about the final result of your use or application of the Pattern Print/s. This is the responsibility of you and your manufacturer, supplier or producer.

8.3. Except as provided under section 9, we do not guarantee that your Pattern Print/s are licensed to you free of any pre-existing reputation or associations as a result of previous or future users or licensors of the Pattern Print/s you license from us or indeed any other Pattern Print/s. You agree and acknowledge that your purchase of a licence in the Pattern Print/s involves this aforementioned inherent risk.

8.4. You agree and acknowledge that you and us are independent businesses, and nothing in these Terms or any transactions or relations between us creates an agency, partnership or joint venture relationship. You are responsible for your own expenses, profits and losses. You further acknowledge and agree that we are not responsible or liable for the actions or omissions of a former purchaser or user of your Pattern Print/s.

8.5. You acknowledge and agree that, to the extent permissible at law the Pattern Libraries and all content appearing in them are provided on an "as is" and "as available" basis, without warranties of any kind. Further, images of the Pattern Print/s displayed in the Pattern Libraries are for illustration purposes only and colours and detail may vary in real life, and further depends on the particular use, production and processes you use.

8.6. To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of the Pattern Libraries, or any other linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through the Pattern Libraries.

8.7. We also exclude liability in respect of mistakes or inaccuracies in the Pattern Libraries, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Pattern Libraries by a third party or any interruption or cessation of transmission from our Pattern Libraries.

9. Warranty

9.1. We warrant that the Pattern Print/s we deliver:

(a) are owned by us, in terms of right, title and interest in the intellectual property rights in respect of all Pattern Print/s;

(b) will match the description in the order form;

(d) will be of acceptable quality as defined in the Australian Consumer Law.

9.2. To the fullest extent under law, we make no other warranties, guaranties or representations.

- End Pattern Library Terms and Conditions -