QUINT WEBSITE TERMS OF ACCESS
DATE: 17th August 2014
PARTIES: CARMELA MELINA WILKINS T/AS QUINT DESIGN [ABN 78 283 762 437]
WEBSITE USER/APP USER
1. THE AGREEMENT
1.1 These terms and conditions in this Agreement (“the Agreement”) apply to the use of this web site located at www.quintdesign.co (“the Site”) and also the use of the Quint App (“the App”). When using this Site and the App, you agree to be bound by this Agreement.
1.2 If you do not accept the terms and conditions in this Agreement, you must refrain from using the Site and/or the App immediately.
1.3 The Agreement must be used and accepted in conjunction with the Privacy Statement, and any other applicable terms and conditions governing the use of the Site and the App.
1.4 You can only use this Site and the App if you are 18 years or over. If you are under 18 years of age you must refrain from using the Site and/or App immediately.
In this Agreement, the expressions “we, “us” and “our” are a reference to Carmel Melina Wilkins t/as Quint Design and the expressions “you” and “your” are a reference to the Website User/App User or people on behalf of the Website User/App User who agree to the terms and conditions of this Agreement.
“Consumer” means any person capable of purchasing a Product.
“GST Law” means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 Cth;
“Hyperlinks” means link(s) on the Site that click-through or re-direct you to another website.
“Intellectual Property” means copyright, trade mark, design, patent, semiconductor or circuit layout rights;
“Intellectual Property Rights” means rights in respect of copyright, trade mark, design, patent, semiconductor or circuit layout rights;
“Members” means a person or a person on behalf of an entity that has agreed to the terms and conditions of the Membership Agreement and are current Members or persons who use the membership section of the Site.
“Moral Rights” means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing presently or which may in the future come into existence;
“Parties” means either the Site or Website User/App User as the context dictates pursuant to this Agreement.
“Prepaid Download Credits” means the prepaid purchase amount you have already purchased.
“Product” means Flash files, Video files, Audio files, Font File, or any other goods, services, or material that you are uploading or downloading on the Site, together with any accompanying material such as product descriptions, and the associated Intellectual Property rights.
“Purchaser” means a person or person with authority to act for another person or entity that has the intention to purchase a Product pursuant to this Agreement or any Agreement governing this Site.
“Site”: is the website located at www.quintdesign.co
“Supplier” means a person or person with authority to act for another person or entity that has the intention to supply a Product pursuant to this Agreement or any Agreement governing this Site.
“Users” means a person that may use the Product.
3. QUINT’S ROLE
3.1 Our Site allows you to purchase print/canvas artworks available on our Site.
3.2 The copyright in all designs and photography remains with Quint Design and cannot be reproduced or sold.
3.3 Any prints or canvases purchased for printing will be subject to a third party’s printer terms and conditions. If you would like a copy of the printer’s terms and conditions, please contact us and we will endeavour to provide you with a copy.
3.4 Quint Design takes no responsibility for any lost or damaged printed goods purchased.
3.5 If a design is purchased and printed, it is your responsibility to ensure the accuracy of the design (for example, spelling mistakes) and is subject to your final approval. Quint Design takes no responsibility for any errors you have overlooked within the design.
3.6 You agree that you are responsible for the final design created by you. We do not condone any foul language, obscenities, nudity, etc and such things must not be created using either the Site and/or the App.
4.1 Without limiting the generality of any other clause of this Agreement, this Agreement will remain in force as long as you continue to use the Site and/or the App for any purpose.
5. YOU AGREE TO RELEASE US FROM LIABILITY
5.1 Quint Design and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(a) in relation to or in connection with any material and/or information supplied in respect of advertising on this Site and/or the App; and
(b) as a consequence of removing any material and/or information from this Site and/or the App.
5.2 You agree to release us (and our officers, directors, agents, affiliates, subsidiaries and employees) from any claims, demands and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of the Site and/or the App.
6. YOU AGREE TO INDEMNIFY US
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees (as applicable) harmless from and against any claims, damages, proceedings, losses and damages of very kind and nature, including solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any laws or the rights of third parties.
7. AMENDMENTS TO TERMS AND CONDITIONS
7.1 We reserve the right to amend this Agreement from time to time. Amendments will be effective immediately upon notification on the Site and/or the App.
7.2 Your continued use of the Site and/or the App following such notification will represent an agreement by you to be bound by the Agreement as amended.
8.1 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site and/or App or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site and/or the App.
8.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into this Agreement is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
8.3 Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this Site and/or the App or in respect of any failure or omission on our part to comply with our obligations as set out in this Agreement.
9. SPECIFIC WARNINGS THAT WE DO NOT GUARANTEE
9.1 You must ensure that your access to this Site and/or the App is not illegal or prohibited by laws which apply to you.
9.2 You must take your own precautions to ensure that the process which you employ for accessing this Site and/or the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked web site.
9.3 Whilst we have no reason to believe that any information contained on this Site and the App is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site and the App updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site and/or the App.
9.4 Responsibility for the content of Hyperlinks or advertisements appearing on this Site rests solely with the website operator of the hyperlink or the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
9.5 We make no warranty that goods or services acquired from us over this Site and the App will meet your requirements.
9.6 Details contained on this Site and the App relating to goods or services have been prepared in accordance with Australian law (in the state of New South Wales) and may not satisfy the laws of any other country. We do not warrant that the details on this Site and the App concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this Site and the App.
9.7 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this Site and the App (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by the Agreement, you may not in any form or by any means:
– adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site and the App; or
– commercialise any information, Products or services obtained from any part of this Site and the App;
without our written permission.
11. TRADE MARKS
Except where otherwise specified, any word or device to which is attached the ™ or ®symbol is an unregistered or registered trade mark. Some trade marks may not display these symbols, but nevertheless, are registered or unregistered trade marks.
You must not use any of the trade marks displayed on the Site and the App:
– in or as the whole or part of your own trade marks or trade marks visible on the Site and the App;
– in connection with activities, products or services which are not ours;
– in a manner which may be confusing, misleading or deceptive;
– in a manner that disparages us or our information, products or services (including this Site and the App).
12. RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this Site and the App only for your personal use. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site and the App.
13. HYPERLINKED OR LINKED WEB SITES
13.1 This Site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.
13.2 We are not responsible for the content or privacy practises associated with linked web sites.
13.3 Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
15. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we have taken precautions to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
16. TERMINATION OF ACCESS
Access to this Site and the App may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
18. ALTERNATIVE DISPUTE RESOLUTION
18.1 Any dispute arising in connection with this Agreement which cannot be settled by negotiation between the Parties or their representatives may be submitted at our sole discretion to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators Australia. During such arbitration, both Parties may at our sole discretion be legally represented.
18.2 Prior to referring a matter to arbitration pursuant to subclause 18.1, the Parties will, at our sole discretion, in good faith explore the prospect of mediation.
18.3 Nothing in this clause will prevent a Party from seeking urgent equitable relief before an appropriate court.
19.1 We accept no liability for any failure to comply with this Agreement where such failure is due to circumstance beyond our reasonable control.
19.2 If we waive any rights available to us under this Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
19.3 If any of the terms and conditions in the Agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
19.4 This Agreement shall be construed according to the laws of the State of New South Wales, Australia.
19.5 Any notice, given under this Agreement shall be in writing and shall be delivered to Carmela Melina Wilkins t/as Quint Design.
20.1 You acknowledge that you have read the complete statement of this Agreement, understand it, and agree to be bound by its terms and conditions.
20.2 Your further agree that you have read the Quint Privacy Statement, understand it, and agree to be bound by its terms and conditions.
20.3 To the extent of any inconsistencies that may arise between the Agreements referred to in subclause 20.2, this Agreement will prevail.
This Policy governs the information we collect about you and your use of information we provide to you. By accepting this Policy and the Website Terms of Access Agreement, you expressly consent to our use and disclosure of your personal information in a manner prescribed in this Policy. You acknowledge this by using the Site.
The terms of this Policy also applies to the content which you may provide during your use and interaction with the Quint App. You are deemed to have accepted the terms of this Policy once you install the Quint App.
INFORMATION ABOUT CHILDREN
Children (persons under the age of 18 years) are not eligible to use our services unsupervised and we ask that children not submit any personal information to us. If you are under the age of 18 years, you can browse the Site only in conjunction with and under the supervision of your parents or guardians. If you are under 18 years of age you cannot use the Membership Section of the Site.
It is the responsibility of parents to monitor their children’s use of our Site.
PART A – The Public Generally
The amount of information we collect about you depends on your use of our Site. The only personal information we collect is what you tell us about yourself, for instance through member directory, surveys and newsletter registrations. The type of information collected includes your name, postal and email address and telephone numbers.
We use your personal information for research or to improve our Site and the services we offer you. We analyse the data for certain trends and statistics, such as which parts of our Site users are visiting and how long they spend there. This information is compiled and analysed on an aggregated basis. We may share this aggregated information with our content providers to assist them in understanding our services but we do not give our content providers aggregated information that would allow them to identify you personally.
You are under no obligation to provide us with this information and can access many aspects of the Site without providing us any personal information.
When you visit this website, we can record certain information in relation to your visit such as:
- Your IP or proxy server IP;
- Basic domain information;
- Your Internet service provider is sometimes captured depending on the configuration of your ISP connection;
- The date and time of your visit to the website;
- The length of your session;
- The pages which you have accessed;
- The number of times you access our site within any month;
- The size of file you look at;
- The website which referred you to our website; and
- The operating system which your computer uses.
This information is only used for statistical and website development purposes.
Various pages on this Site invite you to provide us your name and contact details, for example, to go onto our mailing list for our newsletter enter competitions, or to enable us to provide you with site related services such as notifications.
If you use our Site’s feedback and support forms, you are asked to provide your name, organisation, title, address, email address and telephone number. Quint will not otherwise collect information from you through this Site unless you knowingly provide it to us.
By voluntarily providing information to us when using the Site, you are consenting to the collection and use of your personal information by us.
The Site uses session cookies, which are used only during a browsing session, and expire when you quit your browser. Upon closing your browser, the session cookie set by this Site is destroyed and no personal information is maintained which might identify you should you visit our Site at a later date.
If you choose to buy or sell on our Site, we collect information about your buying and selling behaviour. This information is only used for statistical and website development purposes.
Please note that when you voluntarily disclose information on the bulletin boards or in the forum or in the chat areas of the Site or in member profile pages, your personal and other information disclosed in your communication shall become public information and can be collected and used by other parties. We cannot control what third parties in the bulletin board or chatroom do with your personal information.
PART B – Members
We collect information from people who use the Members Section of our Site (“Members”). This information may be used:
– to send news, information about our activities and general promotional material which we believe may be useful to you or us;
– to monitor who is accessing the membership section of the Site or using services offered on the Site; and
– to profile the type of people accessing the Site.
If you choose to buy or sell on our Site we collect information about your buying and selling behaviour.
If you use a payment facilitator on the Site, we collect additional necessary information, including but not limited to billing address, credit card number and credit card expiry date.
USE OF INFORMATION AND DISCLOSURE
Quint will only use the information it collects through the Site for the following purposes:
- Forwarding important information relating to Quint activities and other requested information;
- Contacting you in response to your feedback or query to discuss our services;
- Monitoring Site performance;
- Improving our Site and services to you;
- Internal administration; and
- Other purposes that are in accordance with your instructions.
Quint will not give, sell, trade or otherwise disclose any personal information about you to a third party unless:
- You have provided us with your consent; or
- We are required to do so by law.
Quint will seek to take all reasonable steps to keep any information we hold about you secure, accurate and up-to-date.
Quint may disclose your personal information to entities outside of Australia including service providers located in Nepal and data hosting and cloud based IT service providers for the purposes listed above. Quint will take reasonable steps to ensure overseas recipients of your personal information do not breach privacy obligations.
ACCESS AND /OR CORRECTION OF YOUR DETAILS
You may request access to your personal information and can ask us to correct your personal information.
You can do this by emailing email@example.com
This Site has security measures in place to protect the loss or misuse of, or alteration or unauthorised access to, information under our control. However, if you send information from this Site, it will not be encrypted unless we expressly tell you it is.
We may change this Policy. Such changes will be effective when a notice of the change is made available on the Site. We will provide you with thirty (30) days notice to allow you the opportunity to notify Quint if you do not agree to such changes.
OPT – OUT PROVISION
To protect you from unwanted email communications, Quint adopts an opt-out facility for marketing communication. If you decide you no longer would like to receive marketing communications from us, please advise us by sending an email to firstname.lastname@example.org or follow the instructions in the “Opt-Out” section of the email you have received.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
– we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
– we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for governmental or public security in the performance of their functions; or
– we are required by law to disclose the information.