SONDY WARD ART
WEBSITE TERMS AND CONDITIONS
Welcome to this website, which is owned and operated by Sondy Ward trading as Sondy Ward Art (ABN 45762250759). By using this Website and the Services and information offered on this Website, you are agreeing to these Terms. Please read these Terms carefully. If you do not agree to be bound by all of these Terms you must cease accessing or using the Website immediately.
If you purchase goods through this Website, there will be additional terms and conditions relating to that purchase. Please ensure you have reviewed and agree with those terms and conditions, which you will be directed to read, before making your purchase.
1 Definitions and interpretation
In these Terms:
(a) Services means any services we offer through this Website, Facebook, Instagram, or other means (such as newsletters) and any goods offered in connection with those services;
(b) Terms means these terms and conditions of use of the Website;
(c) Website means the website sondy.com.au;
(d) a reference to “we”, “us” or “our” means Sondy Ward trading as Sondy Ward Art (ABN 45762250759) and any subsidiaries, affiliates, employees, officers, agents or assigns;
(e) headings are for convenience only and do not affect interpretation;
(f) the singular includes the plural and conversely, “including” and similar expressions are not words of limitation.
2 Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website.
3 Use
(a) You agree that you will use this Website in accordance with all applicable local, state, national and international laws, rules and regulations.
(b) You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other inappropriate way or in a way which conflicts with the Website or the Services.
(c) If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our absolute discretion, refuse to publish such comments and/or remove them from the Website.
(d) You must not interfere with or disrupt the Website or servers or networks connected to the Website, including by transmitting any works, viruses, spyware, malware or any other code of a destructive or disruptive nature.
(e) You must not copy, change, modify, adapt or alter the Website or change, modify or alter another website so as to falsely imply that it is associated with our Website.
(f) We reserve the right to refuse or terminate the provision of our Services to anyone at any time in breach of this Clause 3 without prior notice.
4 Intellectual Property And Copyright
(a) We hold the copyright and all other intellectual property in the content of this Website, including without limitation all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website from time to time or used in connection with the Services. You must not use, replicate or license our intellectual property other than as permitted by law. Specifically, you must not use, replicate or license our intellectual property for commercial purposes unless expressly agreed to by us, in which case we may require you to enter into a License Agreement.
(b) If you wish to use content, images or any other form of our intellectual property, you should submit your request to us at the following email address: sondyward@gmail.com
5 Trademarks
The trademarks, designs and logos contained on this Website, if any, are trademarks of Sondy Ward trading as Sondy Ward Art (ABN 45762250759). The use, replication or license of these trademarks is strictly prohibited except with our express, written consent.
6 Ordering Our Products
(a) You may order directly from this Website
(b) You may order products not on the website (e.g. Commission work or prints in sizes not offered on the website) by contacting sondyward@gmail.com
(c) Your order must include all information and specifications relevant to the product you wish to purchase and any other relevant information, and must also include details of your delivery address and any relevant delivery notes.
(d) When submitting an order you represent and warrant that all the information submitted to us is true, accurate, and complete in all respects and is not misleading in any way and that you will inform us of any changes to that information from time to time.
7 Limitation of Liability (WEBSITE and or Services)
(a) To the fullest extent permissible by law, we take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.
(b) Further, all of our Services (excluding the sale of goods which are subject to separate terms and conditions of sale available below at Item 9 below) are provided without a warranty with the exception of any warranties provided by law.
(c) We are not liable for any damages or loss whatsoever, incurred as a result of or relating to the use of the Website or our Services.
8 Limitation of Liability (Goods)
PAYMENT
Payment must be received in full before any goods are dispatched. For custom artwork, the payment terms will be as described during your inquiry.
SHIPPING AND DELIVERY
We aim to process and dispatch all orders within 10 business days. Delivery times will vary depending on your location and the shipping method chosen. We are not responsible for any delays caused by the courier service.
RETURNS AND REFUNDS
(a) Can only be made if goods are defective or damaged when received by you, or if goods remain undelivered (in which case, all efforts will be made to locate or retrieve goods from the engaged carrier to ensure delivery. If this is not possible, a refund will be made).
(b) Can be initiated within 14 days of receipt by you.
(c) Custom artworks are non-refundable unless they are defective or not as described.
(d) To initiate a return, please contact sondyward@gmail.com
9 Indemnification for Loss or Damage
(a) You agree to indemnify and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services, including any direct or indirect liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors’ fees of every kind and nature incurred by you or any third parties through you.
10 Privacy And Confidentiality
(a) We may need to collect personal information about you in order to provide you with our Goods and or Services and for other associated purposes. In certain circumstances, we may disclose your personal information to third parties to help us deliver our Services (including to contractors, third-party business partners, information technology suppliers and communication suppliers) or as otherwise required by law. If you do not provide this information, we may be unable to provide part or all of our Goods or Services to you.
(b) As a small business, we are exempt from the operation of the Privacy Act 1988 (Cth), however, we take your privacy seriously and will undertake all reasonable endeavours to ensure that personal information you provide to us will be kept and dealt with confidentially.
11 Links to external Sites
(a) This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service.
(b) We accept no liability for loss or damage arising out of or in connection to your use of these third-party sites.
(c) You may link to our articles or home page. However, you should not provide a link that suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by providing notice to you.
12 Miscellaneous
(a) These Terms are governed by and construed in accordance with the laws of Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Australia.
(b) We retain the right to bring proceedings against you for breach of these Terms, in your country of residence or any other appropriate jurisdiction.
(c) We do not waive a right, power or remedy available pursuant to these Terms if we fail to exercise or delay in exercising the right, power or remedy.
(d) If any part of these Terms becomes void or unenforceable for any reason, then that part will be severed with the intent that all remaining parts will continue to have full force and effect.
(e) No rule of construction applies to our disadvantage because we were responsible for preparing, or seek to rely on, these Terms or any part of them.
(f) We may change these Terms from time to time without providing notice to you, by posting an updated version of the Terms on our Website. Prior to using our Website you should ensure that you have reviewed and are aware of the terms and conditions of use contained in these Terms, including any amendments. By continuing to use the Website you agree to the terms and conditions of use contained in these Terms as amended from time to time.