WEBSITE TERMS AND CONDITIONS OF USE FOR LL CREATIVE STUDIOS

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1. About the Website

(a) Welcome to www.llcreativestudios.com.au (Website). The website provides you with an opportunity to browse and purchase various products and services that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

(b) The Website is operated by LL Creative Studios (ABN 49553774559). Access to and use of the Website, or any of its associated Products or Services, is provided by LL Creative Studios. 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, or any Services immediately.

(c) LL Creative Studios reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms will take immediate effect from the date of publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or disagree to the Terms where this option is made available to you by LL Creative Studios in the user interface.

 3. Use of the Purchase Services

       (a) In order to access the Purchase services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred Username

(iii) Mailing address

(iv) Telephone number 

       (b)You warrant that any information you give to LL Creative studios will always be accurate, correct and up to date.

  4. Your obligations as a user

       (a) As a user, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

(i) The Terms

(ii) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions

(iii) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services.

(iv) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify LL Creative Studios of any unauthorised use of your password or email address or any breach of security of which you have become aware.

(v) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of LL Creative Studios providing the Purchase services.

(vi) You will not use the Purchase Services or website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.

(vii) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by LL Creative Studios for any illegal or unauthorised use of the Website.

(viii)You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

   5. Purchase of Products, Services and Returns Policy

(a) In using the Purchase Services to purchase Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Products (Purchase Price).

(b) Payment of the Purchase Price may be made through Stripe or PayPal (Payment Gateway Provider). In using the Purchase services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, privacy policy and other relevant legal documentation provided by the Payment gateway providers.

(c) Once a service is booked and payment has been processed LL Creative studios will not provide a refund on any service cancellation as a result of change of mind. LL Creative studios may in certain circumstances, at their sole discretion, provide a credit for the value of a booked service. This credit may be applied towards future service bookings with LL Creative Studios. Conditions of credit are subject to availability and must be used within the specified time frame as determined by LL Creative Studios. Credits are non- transferable and cannot be exchanged for cash or transferred to another individual or entity.

(d) Cancelation: if a booked service is cancelled, it is considered a forfeiture of payment, and no refunds or credits will be issued. Cancellations for term art classes made more than 7 days before the start of the term may be refunded at the discretion of LL Creative Studios. Cancellations made within 7 days of the start of the term may at the discretion of LL Creative Studios receive a 50% refund. No refunds will be given once the term has started.

(e) LL Creative studios may, at their sole discretion, provide a refund or credit for a product within 7 days of receipt if the product has been received in a damaged state. Photographic evidence of the damage will be required immediately upon receipt to support any claim. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. LL Creative studios will not provide a refund on any product as a result of change of mind.

(f) We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-to-case basis. We reserve the right to limit the quantities of any Products  or services that we offer. All descriptions of Products, Services or a Purchase Price are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue a Product or Service at any time. In the case where a service cannot be provided by LL Creative Studios due to unforeseen circumstances or reasons beyond our control, we reserve the right to issue a refund or credit at our discretion

(f) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

  6. Delivery

(a) You acknowledge that the Purchase Services offered by LL Creative Studios integrate delivery (Delivery Services) through the use of third-party companies (Delivery Service Providers).

(b) In providing the Purchase services, LL Creative Studios may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that LL Creative Studios is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c) In the event that an item is lost or damaged in the course of the Delivery services, LL Creative Studios asks that you:

(i) Contact the Delivery Service Provider directly to request a refund or claim on any insurance options available; and

(ii) Contact us by sending an email to info@llcreativestudios.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase services.

  7. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all the related products of LL Creative Studios 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 site content and compilation of the website (including text, graphics, logos, button icons, video images audio clips and software (Content) are owned or controlled for these purposes and are reserved by LL Creative Studios or its contributors.

(b) LL Creative Studios retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) The copyright of any of the Products

(b) The business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of LL Creative Studios; or

(c) The right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

(d) A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification od such a system or process).

(e) You may not, without the prior written permission of LL Creative Studios and the permission of any relevant rights owners: broadcast, republish, upload, to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

LL Creative Studios takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to LL Creative Studios’ Privacy Policy.

9. General Disclaimer

(a) You acknowledge that LL Creative Studios does not make any terms, guarantees, warranties, presentations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms and otherwise in accordance with the Australian consumer Law.

(b) LL Creative Studios will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. You explicitly acknowledge and agree that due to some variances in lighting conditions in photographing the Products and your viewing monitor or handheld device screen calibrations the Products that you receive may appear different in terms of shades and colouring as compared to how they are viewed on your monitor or handheld device. Such variances shall not entitle you to a return of the Products or a refund in relation to the same and such variances shall not be deemed a material defect of the Products and shall in no circumstances be deemed a major failure as defined by the Australian Consumer Law

(c) Nothing in these 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.

(d) Subject to this clause, and to the extent permitted by law:

(i) All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) LL Creative Studios will not be liable for any special, indirect or consequential loss or damage( unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms(including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of LL Creative Studios (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of LL Creative Studios, are provided to you on an “as is” and “as available” basis, without warranty or conditions of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of LL Creative Studios and any third party (where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase services (including the products or Purchase Services of LL Creative Studios) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of the following:

(i) 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.

(ii) The accuracy, suitability or currency of any information on the Website, the Purchase service, or any of its Content related products (including third party material and advertisements on the Website).

(iii) Costs incurred as a result of you using the Website, the Purchase Services or any of the Products.

(iv) The Content or operation in respect to links which are provided for the User’s convenience.

(v) Any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) Any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

(a) LL Creative Studios’ total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of LL Creative Studios is the resupply of information or Purhase Services to you.

(b) You expressly understand and agree that LL Creative Studios, its affiliates, employees, agents, contributors, third party content providers and licensors shall 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 shall 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.

(c) LL creative Studios is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase services, whether posted or caused by users of the website of LL Creative Studios.

(d) You acknowledge that LL Creative studios does not provide the Delivery Services to you and that you agree that LL Creative studios will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

11. Indemnity

(a) You agree to indemnify LL Creative Studios, its affiliates, employees, agents, contributors, third party providers and licensors from and against:

(i) Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms,

and/or

(ii) Any breach of the Terms.

12. Venue and Jurisdiction

The Purchase services offered by LL creative Studios are intended to be used by residents of Australia. 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 shall be in the courts of South Australia, Australia.

13. Governing law

The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

14. Severance

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