Terms and Conditions of Use (Services)

Website Terms and Conditions of Use

1. About the Website
1.1. Welcome to www.shintararose.com.au (the 'Website'). The Website Original
Art, Home Decor, Fashion online store (the 'Services').
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
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
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.
2. 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
ShintaraRose Art in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through
the Website (the 'Subscription') and pay the applicable fee for the selected
Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your
responsibility to ensure that the Subscription you elect to purchase is suitable
for your use.
3.3. Once you have purchased the Subscription, you will then be required to
register for an account through the Website before you can access the
Services (the ' Account').
3.4. 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) Password
(e) Credit/Debit Cards all payment methods
3.5. 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.
3.6. 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. As a
Member you will be granted immediate access to the Services from the time
you have completed the registration process until the subscription period
expires (the 'Subscription Period').
3.7. 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;
or
(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 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;
(b) you have the 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;
(c) 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;
(d) 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 ShintaraRose Art
providing the Services;
(e) 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;
(f) 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;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website 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
(h) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
5. Payment
5.1. Where the option is given to you, you may make payment of the Subscription
Fee by way of:
(a) PayPal ('PayPal')
5.2. All payments made in the course of your use of the Services are made using
Stripe, PayPal and Square. In using the Website, the Services or when making
any payment in relation to your use of the Services, you warrant that you have
read, understood and agree to be bound by the Stripe, PayPal and Square
terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the
Subscription Fee is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for any
costs, including banking fees and charges, associated with the Subscription
Fee .
5.4. You agree and acknowledge that ShintaraRose Art can vary the Subscription
Fee at any time and that the varied Subscription Fee will come into effect
following the conclusion of the existing Subscription Period.
6. Refund Policy
ShintaraRose Art will only provide you with a refund of the Subscription Fee in the event
they are unable to continue to provide the Services or if the manager of ShintaraRose
Art makes a decision, at its absolute discretion, that it is reasonable to do so under the
circumstances . Where this occurs, the refund will be in the proportional amount of the
Subscription Fee that remains unused by the Member (the 'Refund').
7. Copyright and Intellectual Property
7.1. 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.
7.2. 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:
(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.
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.
7.3. 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),
7.4. 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. Privacy
8.1. ShintaraRose Art takes your privacy seriously and any information provided
through your use of the Website and/or Services are subject to ShintaraRose
Art's Privacy Policy, which is available on the Website.
9. General Disclaimer
9.1. 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.
9.2. 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) ShintaraRose Art 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.
9.3. 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 ShintaraRose Art make any
express or implied representation or warranty about the Services or any
products or Services (including the products or Services of ShintaraRose Art)
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 ShintaraRose Art; and
(d) the Services or operation in respect to links which are provided for your
convenience.
10. Limitation of liability
10.1. ShintaraRose Art's total liability 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.
10.2. You expressly understand and agree that ShintaraRose Art, 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.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by
ShintaraRose Art as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to ShintaraRose Art via the 'Contact Us'
link on our homepage.
(a) providing ShintaraRose Art with '7' days' notice of your intention to
terminate; and
(b) closing your accounts for all of the services which you use, where
ShintaraRose Art has made this option available to you.
11.3. ShintaraRose Art may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) ShintaraRose Art is required to do so by law;
(c) the provision of the Services to you by ShintaraRose Art is, in the opinion
of ShintaraRose Art, no longer commercially viable.
11.4. Subject to local applicable laws, ShintaraRose Art reserves the right to
discontinue or cancel your membership at any time and may suspend or deny,
in its sole discretion, your access to all or any portion of the Website or the
Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts ShintaraRose Art's name or
reputation or violates the rights of those of another party.
12. Indemnity
12.1. You agree to indemnify ShintaraRose Art, 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.
13. Dispute Resolution
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(a) Within '7' days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(b) If for any reason whatsoever, '14' days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the
Australian Mediation Association or his or her nominee;
13.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
13.5. Termination of Mediation:
If four weeks have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation and
the mediator must do so.
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(d) The mediation will be held in Queensland, Australia.
14. Venue and Jurisdiction
The Services offered by ShintaraRose Art is 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.
15. 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.
16. 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.
17. Severance
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