Damari Design Studio

Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.damaridesignstudio.com (Website). The Website is operated by Dagna Ewa Mirecka-Jones t/as Damari Design Studio (ABN: 88 763 553 794) (Damari Design Studio).

1.2. The Website provides you with an opportunity to browse the site and Damari Design Studio’s services (Services) and to access material and resources (Eproducts) that may be made available from time to time.

1.3. Access to and use of the Website, or any of its associated Services, is provided by Damari Design Studio. Please read these terms and conditions (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 immediately.

1.4. Damari Design Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, Damari Design Studio recommends you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website.

3. Information Disclaimer

3.1. Any information, advice, content or documentation provided on the Website, through the Services, Eproducts, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

3.2. While reasonable care is taken in the preparation of the information and published materials on the Website, through the Services, Eproducts, social media accounts, podcast, or on any other related platform, Damari Design Studio does not warrant their accuracy or completeness. Damari Design Studio does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

3.3. To the extent permissible by law, Damari Design Studio will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, Eproducts, social media accounts or on any other related platform.

4. Copyright and Intellectual Property

4.1. The Website, Services and Eproducts 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 Eproducts are owned or controlled for these purposes and are reserved by Damari Design Studio or its contributors.

4.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Damari Design Studio, which grants to you a worldwide, non-exclusive, royalty-free, revocable license 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

4.3. Damari Design Studio does not grant you any other rights whatsoever in relation to the Website, Services or Eproducts. All other rights are expressly reserved by Damari Design Studio.

4.4. Damari Design Studio retains all rights, title and interest in and to the Website and all related Services and Eproducts. Nothing you do on or in relation to the Website will transfer any:

(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), to you.

4.5. You may not, without the prior written permission of Damari Design Studio 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 material on the Website, within the Services or Eproducts, 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.

5. Privacy

Damari Design Studio takes your privacy seriously and any information provided through your use of the Website is subject to Damari Design Studio's Privacy Policy, which is available on the Website.

6. General Disclaimer

6.1. 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.

6.2. 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) Damari Design Studio will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from Damari Design Studio’s failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

6.3. Use of the Website is at your own risk. Everything on the Website 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 Damari Design Studio make any express or implied representation or warranty about the Website or content or material on the Website, (including Eproducts) referred to on the Website. This 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;

7. Third Party Services

The Website may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Damari Design Studio does not control any Third-Party Services. Damari Design Studio additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Damari Design Studio will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

8. Limitation of liability

8.1. Damari Design Studio's total liability arising out of or in connection with the use of the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupplying the relevant material or content to you.

8.2. You expressly understand and agree that Damari Design Studio, its affiliates, employees, agents, contributors and licensors will 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 will 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.

9. Mailing List Registration

9.1. You may be given the option to register for the Damari Design Studio Mailing List (Mailing List).

9.2. As part of the registration process, you will be required to provide personal information about yourself including, at a minimum, your name and email address. Additional identification or contact details may also be required.

9.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Damari Design Studio. You may unsubscribe at any time by clicking the unsubscribe link provided in the emails sent to you. Damari Design Studio will process your request in accordance with the Spam Act 2003 (Cth).

10. Indemnity

10.1. You agree to indemnify Damari Design Studio, 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

11. Venue and Jurisdiction

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 will be in the courts of New South Wales, Australia.

12. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales.

13. Independent Legal Advice

Both parties acknowledge and agree that: (a) the provisions of the Terms are fair and reasonable; and (b) they have had the opportunity to obtain independent legal advice before agreeing to these Terms.

14. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.