Website Terms of Use

This website located at www.emilykiaradesigns.com.au (Website) is operated by EMILY FORESTO trading as EMILY KIARA DESIGNS (ABN 70 232 973 252) (Emily Kiara Designs/we/us/our).

Please read all of the important information below, which forms the terms and conditions of your use of this Website (Terms). These Terms also set out both our and your rights and responsibilities when you use our Website.

By using our Website, even if you are just browsing, you are agreeing to these Terms. If you do not agree to these Terms, please cease using this Website.

This Website, our general audience and our goods and services are not directed to children under the age of 18. If you are under the age of 18, you are not permitted to use this Website – please immediately exit and cease use of the Website.

1.    Your use of This Website 

1.1. You may access the Website to view, use and display the Website and to view information and material provided by us.

1.2. You may access the Website to view our pattern prints in our Non-exclusive Pattern Library or by requesting access to our Exclusive Pattern Library. If you are granted access to our Exclusive Pattern Library, our Pattern Library Terms and Conditions will also apply to you which are viewable at: https://www.emilykiaradesigns.com.au/pattern-library-terms-and-conditions

1.3. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software and we take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.

2.    Disclaimer when using this Website

2.1.  Every effort has been made to make sure the contents of the Website are current and up to date.

2.2. We do not guarantee that you will achieve a particular result or outcome from using the Website.

2.3. We reserve the right to amend any errors displayed due to human error, computer malfunction or any other reason.

2.4. We reserve the right to amend any information in relation to or discontinue any goods or services described on the Website.

3.    Details you Provide Us

3.1. You must not provide us false information in the webform about your business.

3.2. It is your responsibility to ensure that the information you provide, including your name, postal address, contact numbers, email address and information about your business, are true and correct. Please check any details carefully before submitting a form to us.

3.3. You acknowledge and agree that we are not responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including, but not limited to, your name, delivery address, contact phone number or email address.

 4.    How Should You Use this Website?

4.1. When you access the Website, we will grant you a limited, non-exclusive, personal, non-transferrable, non-shareable, non-sublicensable, revocable licence to access and use the Website pursuant to these Terms and any additional terms and conditions set forth by us from time to time.

4.2. You can access the Website on your Android Phone, iPhone, tablet, laptop or computer.

4.3. You can use this Website to:

a)     Purchase our customer design services or a licence in our pattern prints;

b)     Purchase any other of our goods or services;

c)     Browse our pattern libraries;

d)     Enquire about our goods and services;

e)     Enquire about our custom print service;

f)      Contact us generally; and

g)     Read blog posts.

4.4. You agree not to:

a)     Reverse engineer, extract, decompile, modify, create derivative works of, or otherwise amend or alter the Website or any content or material posted on this Website;

b)     Evade any security feature or functionality of the Website;

c)     Permit any third party to access or use the Website;

d)     Use any code or application that interferes with the working of the Website;

e)     Use the Website in any manner which is contrary to any Australian or International laws;

f)      Provide false information;

g)     Onsell any information obtained from the Website;

h)     Use any data mining robots or other extraction tools or metatag; or

i)      Mirror the Website.

4.4. You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with this Website or to any material or content posted on this Website.

5.    Your Content

5.1. You may email us any comments, feedback, testimonials, reviews and other such material (User Content). User Content that you upload remains your property and we do not obtain ownership in User Content.

5.2. If you provide such User Content to us, we may ask you for your permission to use your User Content on the Website for marketing or promotional or portfolio purposes. You will not be paid or compensated for any such use of User Content.

6.    What about your Privacy?

6.1. For our privacy and policy conditions, please refer to our Privacy Policy at: https://www.emilykiaradesigns.com.au/privacy-policy

7.    Indemnity

7.1. You agree to indemnify us and our officer, employees, agents and related bodies corporate from and against all claims, demands, actions, liabilities, damages, costs and losses, arising out of or related to your use of the Website.

8.    Limitation of liability

8.1. We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to these Terms, even if advised of the possibility of such damages.

8.2. To the fullest extent permitted by law, and notwithstanding any other provisions of this Agreement, our aggregate liability under or in connection with these Terms, however arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to us in respect of the relevant Licensed Prints giving rise to the liability.

9.    Our Intellectual Property Rights

9.1. All intellectual property rights in the licensable pattern prints, custom pattern prints, blogposts, Website and other materials created by us will vest absolutely and automatically on creation, and remain thereafter, in us. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them except where you are allowed to under a signed License Agreement or Custom Commission Agreement, as the case may be.

10.  Will this Website always be Available?

10.1. From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

11. Links to Third Party Websites

11.1. This Website may contain links to other websites that are operated, controlled or produced by third parties. Unless stated otherwise, this Website does not control, endorse, sponsor or approve any such third-party websites or their contents nor are we liable for any loss or damage that you may suffer as a result of your visits to any third-party websites.

12. Testimonials

12.1. Any reviews or other matter that could be regarded as a testimonial or endorsement about any Pattern Prints does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Pattern Prints and you acknowledge that testimonials represent the anecdotal experience of individual consumers.

13. Variations

13.1. We reserve the right to vary these Terms by giving you written notice at any time via email. The variation will only affect future access to the Website.

Jurisdiction and governing law

13.2. These Terms are governed by the laws of the State of New South Wales, Australia.

14. Events which are out of our control

14.1. We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

15. Severability

15.1. Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

16. Disclaimer

16.1. You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind.

17. General provisions

17.1. If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses. In the event that we merge, sell or otherwise change control of our business or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us.

18. Reach out to Us!

If you have any questions, feedback or concerns, we would love to hear from you at: hello@emilykiaradesigns.com.au

These Terms were last modified on [15 October 2023].

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