Terms and Conditions
WEBSITE TERMS AND CONDITIONS
Welcome to Daisy Chain Stationery [ABN 40934149844] and daisychainstationery.com, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of SA and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing salwarn@icloud.com. All trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
To be respectful when commenting
We encourage you to engage in discussions in our community however, we do not recommend that you include any personal information such as your email address or physical address in your posts. When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion:
· any advertising, self-promotion or sales;
· any disrespectful, inappropriate, offensive, threatening or abusive content;
· any content that breaches the rights of a third party; eg copyright breach or anything defamatory; or
· any content that impersonates any other person or misleads us or third parties as to the origin of your posts.
Whilst we will endeavour to reply to your comments, we have no obligation to. You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our posting rules, or are otherwise objectionable we may, but are not obliged to remove them.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
· our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
· our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at salwarn@icloud.com if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
OTHER
This Agreement is governed by the laws in SA, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or damage means any loss or damage including, but not limited to any loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Daisy Chain Stationery [ABN 40934149844] and includes any of our officers, employees, agents, partners and contractors.
Terms of Service
ADDITIONAL TERMS OF SERVICE FOR BUYERS OF OUR PRODUCTS ONLINE
These Additional Terms of Service for Buyers (“Terms”) apply to all clients and customers, or all potential clients and customers of Daisy Chain Stationery [ABN 40934149844] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client or customer of ours.
BEFORE PURCHASE
Things you must do before purchasing Products on our website
You must:
be 18 years old or have parental consent;
provide complete and accurate information to us, including account information, design requirements and promptly inform us of any updates to your information;
pay for the Product via the published payment methods available;
have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.
How it works
Our Products are bespoke stationery designs. You can make an order for a Product through our website and we will accept or decline your order by email confirmation. After receipt of your order we will commence the Work and submit a design proposal( if requested) to you within 2 days. You must approve the design or otherwise within a further 5 days, 2 changes are included in your order. Any additional Work such as extra changes to your design will incur additional costs.
All digital products can be downloaded for private and non commercial use only. Sharing of any digital download is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing salwarn@icloud.com.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that there may be:
errors or omissions in shipping charges, delivery times, availability and promotions;
colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;
Products we display that are only available through our website; and
some Products with limited quantities, and some sales that are limited to certain regions or groups of people.
Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.
AFTER PURCHASE
Things you must do after purchasing on our website
You must:
contact Australia Post or the courier company directly if you have a late, stolen, or damaged delivery;
contact us by email at salwarn@icloud.com if you have any issues with the Product;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.
You must not reproduce, duplicate, copy, sell, re-sell or exploit our Products in any way.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at salwarn@icloud.com.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
change and update information including shipping charges, delivery times, availability and promotions;
change prices or descriptions of our Products;
change our range of Products, or discontinue Products and/or
cancel orders if information is inaccurate.
We make deliveries at your option and your cost
We deliver Products purchased through our website to the areas that are published on our website. We will process your delivery upon receipt of the full payment, and completion of the Work and send your Products via Australia Post or a reputable courier company. Delivery times will depend on your selected delivery option. Any international customers are responsible for any custom and import duties.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Products are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a Product repaired, replaced or refunded if it doesn’t meet a consumer guarantee. You also have the right to the reasonable costs of any return postage.
Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with our instructions, or where you fail to provide us with adequate information.
If we need to cancel your order we will provide a refund
Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Products at any time
We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Products.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Products are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Products for your personal use only. In particular, you must not use our Products for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at salwarn@icloud.com to seek consent.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, your misuse of any Product.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
the replacement of the products or services or the supply of equivalent products or services; or
the payment of the cost of replacing the products or services of acquiring equivalent products and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the user content rules in our website terms and conditions.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of SA, Australia, and you and we submit to the jurisdiction of the courts of SA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms of Service and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Terms of Service and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Product means any product we offer, including any note cards that can be personalised with drawings and text.
We, us, or our means Daisy Chain Stationery [ABN 40934149844] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services means daisychainstationery.com, and everything available on this website including, but not limited to, all Products.
Work means all design work we undertake for you to personalise your Products with drawing and text.