LOOKSEE DESIGN WEBSITE TERMS AND CONDITIONS OF USE
For Looksee Designs Terms and Conditions on File Supply and general design please see file supply terms
The following terms (the “Terms”) set out the basis on Looksee Design (Aust) (ABN 77 108 701 88 ) (“we”, “us”) agree to make the services of the website at the URL www.lookseedesign.com.au(the “Website”,) available to you. Incorporated into the Terms by reference are:
any other documentation that sets out how we provide services to you, for example our Engagement Agreement and Terms of Service (together our “Engagement Documentation”),
By using the Website you agree that a legally binding agreement will be formed between you and Looksee Design on these Terms. If you do not agree with these Terms, do not use the Website.
1. Defined terms
1.1 Unless the context requires otherwise, any capitalised words or phrases used in these Terms and which are not otherwise defined have the meaning set out in paragraph 21 below.
2. Permitted uses of the Website
2.1 You must only use the Website for:
(a) browsing the content on the Website;
(b) using the Website to subscribe to our mailing list; and
(c) requesting an estimate from us to provide you with our services.
2.2 All rights not expressly granted to you under clause 2.1 are reserved by Looksee Design. Your use of the Website does not give you any proprietary rights in relation to the Website.
3. Registration Details
3.2 You may only register and use the Website if (being a natural person) you are at least 13 years old, and if you are between 13 and 18 years old, your registration must be created on your behalf by your parent or legal guardian.
3.3 Your registration will only be completed when you have registered and provided the required information.
3.4 By registering, you agree to being provided with regular updates in relation to our business and you can opt out of these emails by replying and asking to be removed from the mailing list.
4. Your obligations
4.1 You agree that:
(a) you will provide any reasonable assistance, requested by Looksee Design, in relation to our provision of services to you;
(b) you will be solely responsible for all obligations to third parties (contractual or otherwise) that may arise as a result of our provision of services to you.
5. Your promises to us
5.1 By requesting as estimate, you promise, represent and warrant that you have the right to enter this agreement with Looksee Design and carry out your obligations as a member of the Website.
5.2 By registering with us and requesting an estimate, you promise us that:
(a) you own all relevant rights (including copyright) in your Material or have obtained all relevant rights to enable you to submit your Material to us and to authorise us to use and adapt your Material in accordance with these Terms and the Engagement Documentation;
(b) our use of your Material in accordance with these Terms and the Engagement Documentation will not infringe the proprietary rights (including, without limitation, any intellectual property rights) or rights of publicity and privacy of any other person or legal entity;
(c) neither your Material, any electronic information or material that you provide to us contains any viruses or other malicious computer programs or code that may damage, modify or delete any of the content on our Website or affect the proper operation of the Website; and
(d) you have the right to, and will, fulfil all your obligations to any third parties with rights in your Material.
6.Your indemnities to us
6.1 You indemnify Looksee Design (including our officers, employees, agents, contractors or related companies, (together the “Indemnified”)) against any and all liability, loss, claims, demands and/or expenses, which any of the Indemnified may incur as a result of any breach by you of your agreement with us.
7. No monitoring by Looksee Design
7.1 Looksee Design has no obligation to review or monitor any Material submitted by you to us and you must not assume that we will do so.
8. Limitation and exclusion of liability
8.1 Looksee Design will not (or deemed to) be liable for any default, failure or delay resulting from:
(a) a Force Majeure Event; or
(b) any unauthorised acts or omissions of third parties using the Website.
8.2 The Website is presented "as is" without representations of any kind including, without limitation, representations about fitness for a particular purpose, non-infringement, security or accuracy.You acknowledge your understanding that there are inherent risks, which are outside of our control, in the operation of any website or the transmission of content over the internet including delays, errors, faults, failures or downtime of the Website or of third party technology. Accordingly we do not warrant that the Website or services provided from the Website will be free from such risks or that your use of the Website will be uninterrupted or error free. To the maximum extent permitted by law and save for these Terms, all other terms (including any implied terms), conditions, warranties, statements, assurances and representations in relation to any agreement between you and us are expressly excluded.
8.3 If any of the exclusions or limitations set out in this clause are declared illegal or void or you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then to the maximum extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to:
(a) with respect to the supply of goods:
(i) the re-supply of the goods; or
(ii) the payment of the cost of having the goods re-supplied; and
(b) with respect to the supply of services:
(i) the re-supply of the services; or
(ii) the payment of the cost of having the services re-supplied.
8.4 Subject to the preceding, in no event will we (including our officers, agents, employees, contractors or related bodies corporate) be liable to you for any:
(a) direct loss; or
(b) indirect or consequential loss,
even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of the agreement between you and us.
9.1 We may terminate the agreement between you and us immediately by notice.
9.2 You may terminate the agreement between you and us by 30 days notice in writing to us.
10.1The relationship between you and us is one of independent contractors and nothing in these Terms constitutes a relationship of employer and employee, principal and agent, partnership or joint venture between you and us.
11.1 Any provision of the agreement between you and us which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of the agreement between you and us nor affect the validity or enforceability of that provision in any other jurisdiction.
12.Governing law and jurisdiction
12.1 All matters arising from or relating to the agreement between you and us and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement will be governed by the laws of the State of Queensland, Australia without regard to conflicts of law principles. The parties agree to unconditionally submit themselves to the exclusive jurisdiction of the courts of Queensland.
13.Assignment and novation
13.1 You may not assign any rights or transfer any benefits under the agreement between you and us without our prior written consent.
14.1 Any delay or failure by us at any time to exercise any power or right under the agreement between you and us is not a waiver of our rights at any later time to insist on performance of that or any other provision of the agreement between you and us.
15.1 Notifications and communication from us will be delivered to you by email at the address you provide us when you register. We are not responsible to notify you in any other way other than by email. We will not be responsible for any misuse of information you provide us via email.
16.1 In the agreement between you and us, the following words will be taken to have these meanings:
(a) “Force Majeure Event” means an event, occurrence or cause beyond the control, and not caused by the negligence, of Looksee Design including, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions and any errors, faults, failures or down time of the Website or of third party technology providers including, but not limited to, service providers such as internet service providers and carriers;
(b) “Material” means your website, any taglines associated with your website, your domain name, any image, text or other material uploaded, communicated, linked, emailed or otherwise distributed or published by you on your website.
(c) “You” means you the person who enters an agreement with Looksee Design on the basis of these Terms or, if the context requires, the person who completes registration on behalf of another person or entity.
16.2 In these Terms: any terms defined in the Act have the same meaning in this agreement unless otherwise defined or the context indicates otherwise; the singular includes the plural and vice versa; and the words “includes” or “including” are not to be construed as terms of limitation.