WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.shintararose.com.au (the 'Website'). The Website facilitates interactions between:
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
(a) You the person seeking to purchase goods (the 'Receiver'); and (b) Independent seller selling the goods (the 'Provider'),
1.2. The Website is operated by ShintaraRose Art (ABN 70 550 594 383) . Access to and use of the Website, or any of its associated products or Services, is provided by ShintaraRose Art. 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 its products or Services, immediately.
1.3. ShintaraRose Art reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ShintaraRose Art updates the Terms, it will use reasonable endeavours to provide you with notice of updates of 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.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by ShintaraRose Art in the user interface.
3. The Services
3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(f) Payment Details
3.3. You warrant that any information you give to ShintaraRose Art in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with ShintaraRose Art;
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify ShintaraRose Art of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of ShintaraRose Art;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by ShintaraRose Art for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Using the Website as the Receiver
5.1. Purchase products from the Provider
6. Using the Website as the Provider
6.1. Sell Original Art and provide products through third party websites
7. Refund Policy
7.1. Since ShintaraRose Art is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, ShintaraRose Art does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
7.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then
ShintaraRose Art requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days, contact ShintaraRose Art through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
7.3. If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
(a) complete the ShintaraRose Art refund request form (the 'Request Form') provided on the Website; and
(b) provide both the Request Form and the email from the Receiver requesting the refund to ShintaraRose Art.
7.4. If the Provider agrees to a refund it is acknowledged that the Provider will instruct ShintaraRose Art to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by ShintaraRose Art in processing the refund.
7.5. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
8. Copyright and Intellectual Property
8.1. The Website, the Services and all of the related products of ShintaraRose Art 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 ShintaraRose Art or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by ShintaraRose Art, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
ShintaraRose Art does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ShintaraRose Art.
(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.
8.3. ShintaraRose Art 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 any: to you.
(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),
8.4. You may not, without the prior written permission of ShintaraRose Art 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.
8.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to ShintaraRose Art a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.