Website Terms and Conditions
WEBSITE TERMS AND CONDITIONS
1 INTRODUCTION
(a) These terms and conditions (Terms) apply when you use this website, www.myinteriordesigners.com.au (Website).
(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Mengyi Liu trading as My Interior Designers ABN 89 117 954 336, our, we or us).
(c) If you don’t agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
2 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
(b) use the Website for any purpose other than browsing our content, accessing design inspiration and resources, selecting or purchasing Products or Services, or downloading Free Guides made available by the Company;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(a) the Website may have errors or defects;
(b) the Website may not be accessible at times;
(c) messages sent through the Website may not be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website may not be secure or confidential; or
(e) any information provided through the Website may not be accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.
From time to time, the Company may make interior design guides and related resources available for download free of charge through the Website (Free Guide). By accessing or downloading any Free Guide, you agree that:
(a) the Company grants you a personal, non-exclusive, non-transferable, revocable and limited licence to access and use the Free Guide for your own personal, non-commercial purposes only;
(b) you must not, without the prior written consent of the Company, reproduce, modify, adapt, distribute, publish, sell, sublicense, share publicly, or otherwise exploit any Free Guide, in whole or in part, for any commercial purpose;
(c) all intellectual property rights in the Free Guides remain the exclusive property of the Company or its licensors, and nothing in this clause transfers any ownership rights to you;
(d) Free Guides may incorporate product images and other materials sourced from third-party retailers, manufacturers or platforms for illustrative and reference purposes only. All such third-party content remains the property of its respective owners and is not licensed to you under this clause;
(e) the Company does not warrant that any products, services or materials featured in a Free Guide are available, accurate or suitable for your particular circumstances, and such content is provided for general informational and illustrative purposes only;
(f) the Company may, at any time, withdraw, update or modify any Free Guide without notice; and
(g) the licence granted under this clause may be immediately terminated by the Company if you breach these terms, in which case you must cease all use of the Free Guide and destroy any copies in your possession or control.
7 THIRD-PARTY IMAGES AND RETAILER CONTENT
The Website may display product images and visual content sourced from retailer and manufacturer websites, and from platforms, for the purpose of design inspiration, product reference and illustration of the Company's services. You acknowledge that:
(a) all such third-party images remain the property of their respective owners and the Company does not claim any ownership or rights in that content;
(b) the display of third-party images on the Website does not imply any affiliation with, endorsement by, or licence from the relevant rights holder; and
(c) you must not reproduce or exploit any third-party images displayed on the Website without independently obtaining the necessary permissions from the relevant rights holder.
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
9.1 This Website is hosted and operated using Shopify Inc.'s e-commerce platform. By using this Website, you may also be subject to Shopify's Terms of Service to the extent applicable to your use of the platform. Shopify's terms are accessible here.
9.2 To the maximum extent permitted by law, the Company is not liable for any acts or omissions of Shopify, including in relation to any fault, error or outage affecting the Website, or any issues experienced in placing orders or accessing content through the Website.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
You agree to be bound by our Privacy Policy, which can be found here.
13.1 To the maximum extent permitted by law, and subject to clause (d), the Website and its content are provided “as is” and we make no warranties or representations about the Website or its content, except as expressly required under applicable law.
13.2 To the maximum extent permitted by law, and subject to clause (d), we exclude all liability to you or any third party for any loss or damage arising out of or in connection with your use of the Website.
13.3 Where you have purchased Products or Services through the Website, our liability for any claim arising out of or in connection with those Products or Services is limited, at our option, to:
(i) the resupply of the relevant Products or Services; or
(ii) the payment of the cost of having the Products or Services resupplied,
and otherwise to the amount paid by you for the relevant Order.
13.4 Where you access the Website without purchasing any Product or Service (including where you download a Free Guide), our total liability to you is limited to AUD $50.
13.5 To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special or consequential loss or damage, including loss of profit, loss of revenue or loss of opportunity.
13.6 Nothing in this agreement excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law which cannot be excluded, restricted or modified.
14 GENERAL
14.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
Nothing in these Terms excludes, restricts or modifies any rights or remedies which cannot be excluded under applicable consumer law, including the Australian Consumer Law or any equivalent laws in the customer’s place of residence.
14.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
14.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
14.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
14.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
14.6 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
14.7 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.