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WEBSITE TERMS & CONDITIONS

Welcome to Wild Coral Design [ABN 59638849077] and www.WildCoral.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time. 

 

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

 

To provide correct information and comply with the law

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

 

To only make personal and non-commercial use of our content

You agree that the copyright in all Content on our website is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing tanya@wildcoral.com.au. All trademarks on our website belong to their respective owners.

 

To use third party software, links etc at your risk

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.

 

To not rely on any information

The information on our website is for your general use only. It may be historical information, incomplete information or could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk.


To be respectful when posting

We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts. When you engage in discussions, your posts will not be confidential and you must comply with our posting rules. You must not post any of the following, which is determined at our discretion: 

  • any disrespectful, inappropriate, offensive, threatening or abusive content; 

  • any content that breaches the rights of a third party (eg which is defamatory)

  • any content that impersonates any other person, or misleads us as to the origin of your posts; or 

  • any advertising, self-promotion or sales.

 

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them. You are solely responsible for all your posts. 

 

WE MAKE NO WARRANTIES OR GUARANTEES

 We cannot represent, warrant or guarantee that:

  • our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or

  • our content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at tanya@wildcoral.com.au if you find any issues.

 

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

 

You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

 

OTHER

This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

 

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs. 

We, us, or our means Tanya Freitas t/as Wild Coral Design [ABN 59638849077] and includes any of our employees, agents, partners and contractors.

ADDITIONAL TERMS & CONDITIONS

ADDITIONAL TERMS OF SERVICE FOR CLIENTS 

These Additional Terms of Service for Clients (“Terms”) apply to all clients, or all potential clients of Wild Coral Design [ABN 59638849077 ] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client of ours. If you do not agree, you cannot purchase any of our Prints online. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes.

BEFORE PURCHASE

Things you must do before purchasing Prints on our website

You must:

• be 18 years old or have parental consent;

• set up an account to enable your login to our website portal – we may review and verify all accounts and accept or decline account applications at our sole discretion;

• provide complete and accurate information to us, and promptly inform us of any updates to your information.

Intellectual Property

Our Prints are digital prints and artwork files which you can download to have printed on textiles for  various industries which could include, stationery, clothing, accessories, homewares, wallpaper, posters, packaging and similar commercial end-products.

All the Intellectual Property Rights in our Prints are owned by us regardless of the licence you purchase.

Prints must not be:

• reproduced, duplicated, copied, sold, re-sold or exploited on any print on demand website, or other print studio or similar website;

• be used for artwork distribution, resale or further licensing; 

• be white/ private labelled or printed on fabric for purchase; or 

• shared on any social media channels.

In particular, you must not use our Prints for any further commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any further use will be conditional on the payment of licence fees. Please contact us at tanya@wildcoral.com.au to seek consent.

All use of the Prints is subject to acknowledgement of our Moral Rights. This includes, but is not limited to, the correct right to attribution of Wild Coral Design for all Prints.  

 

Non-Exclusive Licensing

When you purchase a non-exclusive Print, we grant you a non-transferable, royalty-free, revocable licence for a period of 1-3 years or/ as agreed in the project contract, to use our Prints on textiles in order to make up to 500 units or/ as agreed in the project contract of the particular end-product you indicate in your purchase order. The end-products may be sold direct to the consumer or wholesale under a single brand name only. Where you wish to use the Prints for more than one brand, additional licence fees apply. Where you purchase a non-exclusive Print, we may sell the design to other parties and other brands may use the Print in your industry or for your end-products. We may also sell the Print for use on other end-products.  

 

Exclusive Licencing 

We grant you a non-transferable, royalty-free, revocable licence to use our Prints on any end-product you indicate on your purchase order. The end-products may be sold direct to the consumer or wholesale under a single brand name only. Where you wish to use the Prints for more than one brand, additional licence fees apply. Where you purchase an exclusive licence to the Print we acknowledge and agree not to sell or otherwise permit the use of the Print by any other brands. If you wish to own all Intellectual Property Rights in any Print, please contact us tanya@wildcoral.com.au to seek consent. 

 

Exclusive Prints - Fashion

We grant you a non-transferable, royalty-free, revocable licence to use our Fashion Prints on any end-product you indicate on your purchase order. The end-products may be sold direct to the consumer or wholesale under a single brand name only. 

Where you purchase an exclusive Fashion Print we acknowledge and agree not to sell or otherwise permit the use of the Print by any other brands. 

 

Acknowledgements you make when purchasing on our website

You acknowledge and agree that there may be:

• occasional errors or omissions in Print descriptions, prices, fabric or print shipping charges, delivery times, availability and promotions;

• colour differences, so that the colours and images of Prints we display may be different on your screen to the colours and images of the actual Prints;

• technical problems downloading Prints, and there are inherent risks associated with downloading digital products; and

• some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Prints.

You further acknowledge and agree that we may place images of the end products and/or design process along with a link to your website or social media account on our website or social media platforms or promotional material.  
 

AFTER PURCHASE

Things you must do after purchasing on our website

You must:

• maintain the confidentiality of the login and password for your account; 

• not allow other people to use the Prints or your account;

• not reproduce, duplicate, copy, sell, re-sell or exploit the Print in any way that is not expressly permitted;

• contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries of fabric samples or prints;

• contact us by email at tanya@wildcoral.com.au if you have any issues with the Print and require a refund;

• seek our prior written consent before any publication of information about us; and

• in the case of a dispute keep all communications confidential.

 

Things we’d love you to do after purchasing on our website

We’d love you to share your end-products on social media platforms, with a credit to Wild Coral Design and linked back to our website or social media accounts. 

We’d also love you to provide us with any testimonials, and/or case studies so we can use  them  for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at tanya@wildcoral.com.au

 

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our website and store

Except as required by law, we may at any time, and without prior notice to you:

• change and update information including shipping charges, delivery times, availability and promotions;

• change prices or descriptions of our Prints;

• change our range of Prints, or discontinue Prints and/or

• cancel orders if information is inaccurate.
 

We make deliveries at your option and your cost

We deliver any requested samples or physical printed Products purchased through our website via Australia Post or a reputable courier company. We will process your delivery upon receipt of payment. Delivery times will depend on your selected delivery option. Any international clients are responsible for any custom and import duties. 

We comply with the Australian Consumer Law

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Prints are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a Print, replaced or refunded if it doesn’t meet a consumer guarantee. 

Except as required by law we do not warrant the quality of the Prints or warrant that they will meet your expectations. We do not provide refunds for changes of mind, or where you fail to provide us with adequate information.

If we need to cancel your order we will provide a refund

Except as required by law, all sales for our Prints are non-transferable and non-refundable. On occasion we may cancel an order for a Print where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution Print or refund. We have the right to refuse, limit or cancel any order for our Prints, or requests for accounts including, but not limited to, where an order appears to be by resellers without permission. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse to serve you and sell Prints at any time

We may refuse to provide Prints to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, and ban your purchase of any Prints. We can also change, suspend or stop providing Prints at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Prints, or stop any services.

LIABILITY AND INDEMNITY 

To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Prints purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Prints, lost or stolen samples or prints during delivery, any late delivery, your reliance on any of our information, any unauthorised access to your account, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Print.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

• the replacement of the Prints or the supply of equivalent Prints; or

• the payment of the cost of replacing the Prints or of acquiring equivalent Prints.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Print you have paid for.

 You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.

 IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Terms and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

Moral Rights means any moral rights as defined under the Copyright Act 1968.

Prints means any Print available through our website, and includes any digital prints and artwork.
We, us, or our means Tanya Freitas t/as Wild Coral Design [ABN 59638849077] and includes any of our employees, agents, partners, and contractors.
Website and services means www.wildcoral.com, and everything available on this website including, but not limited to, all Prints and any services.

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