Website Terms and Conditions of Use
- About the Website
1.1. Welcome to www.earthbornebydesign.com (the ‘Website’). The Website provides an opportunity to browse the site and services offered by Earthborne By Design (the ‘Services’).
1.2. The Website is operated by Earthborne By Design Pty Ltd (ACN: 634 646 772) t/a Earthborne By Design (‘Earthborne By Design’). Access to and use of the Website, or any of its associated Services, is provided by Earthborne By Design. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Earthborne By Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Earthborne By Design updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Earthborne By Design in the user interface.
- Copyright and Intellectual Property
3.1. The Website, associated blog, the Services and all of the related products of Earthborne By Design are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Earthborne By Design or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Earthborne By Design, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
3.3. Earthborne By Design does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Earthborne By Design.
3.4. Earthborne By Design retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
3.5. You may not, without the prior written permission of Earthborne By Design and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
- General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Earthborne By Design will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Earthborne By Design make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Earthborne By Design) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Earthborne By Design; and
(d) the Services or operation in respect to links which are provided for your convenience.
- Mailing List Registration
6.1. You will be given the option to register for the Earthborne By Design Mailing List (the ‘Mailing List’).
6.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name and address
(c) Mobile phone number
6.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Earthborne By Design.
- Limitation of liability
7.1. The total liability of Earthborne By Design arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
7.2. You expressly understand and agree that Earthborne By Design, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3. Any information or documentation provided on the Website or associated blog does not constitute design, construction or styling advice, and are provided for general information purposes only. Earthborne By Design recommends you seek independent advice prior to relying on any information or documentation provided on the Website or associated blog. Earthborne By Design will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website.
8.1. You agree to indemnify Earthborne By Design, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
- Venue and Jurisdiction
The Services offered by Earthborne By Design are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
- Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.