This 'Terms of Use' document is interchangeably referred to as both 'Term of Use' and 'Terms of Use'.
The terms ‘goods’ and products’ are used interchangeably throughout this Terms of Use document.
Quirkylicious Pty Ltd owns the Quirky Artwork and QuirkyArtwork brand as under this website.
This website is operated and managed by Quirkylicious Pty Ltd. Throughout this Terms of Use, Quirkylicious Pty Ltd may be referred to as ‘us’, ‘our’, ‘we’, and 'QuirkyArtwork', 'Quirky Artwork', for examples. Quirky Artwork offers this website (quirkyartwork.com; the ‘site’ or ‘website’), including all of the tools, information, and the products and/or services available on this website to you, the user, conditioned upon your acceptable of all of the conditions, terms, and policies as stated under this Terms of Use policy.
Our online store is hosted by Go Daddy. Go Daddy provides us with the technologies to enable us to sell our products and/or services to our customers. Our online store uses Square and Paypal - providing us with the technologies to process payments.
This Terms of Use also applies to any new tools / features / content to our website (and our online store on our website).
The most current version of the Terms of Use is on our website - it is available to view at any time. You are responsible for regularly viewing the Terms of Use on our website, to check for any changes / updated / amendments we have made to this document. If we have changed / updated / amended our Terms of Use, and if you continue to access and/or use our website – this establishes that you accept such changes to our Terms of Use.
By using and/or accessing any part of our website you agree to be bound by this Terms of Use document – so ensure you read all of our Terms of Use carefully before using or accessing our website. If you do not agree to this Terms of Use, then you may not use our products and/or services and/or access our website. If you agree to our Terms of Use, that is considered an offer, which is limited to the Terms of Use as expressly set out in this document.
By visiting our website and/or purchasing products and/or services from us, this is deemed to be engaging in our ‘service’ and you agree to bound by the conditions, terms and policies (the ‘Terms’) as under this document. This also includes the additional conditions, terms and policies referenced within this document including hyperlinks referenced within this document. This Terms of Use applies to all users of our website, including, (but not limited), for examples: customers, content contributors, merchants, browsers, vendors.
1. Laws that govern this Terms of Use and our products and/or services
a) Applicable federal and/or states laws/legislation/s of Australia apply to this Terms of Use and any other agreements between you and us in relation to us providing products and/or services to you.
2. Amendments
a) We reserve the right to change, replace, amend, and/or update this Terms of Use – we will put the most current Terms of Use on our website.
b) It is your responsibility to regularly view our website for any changes in our Terms of Use.
c) Your acceptance of any changes to our Terms of Use is implied if you continue to use our website, and/or products and/or services.
3. Our Online Store
a) You must not use our products and/or services, and you must not use our products and/or services for any unauthorized and/or illegal purpose/s. You agree that you will not violate any laws applicable in your jurisdiction – this also includes copyright laws.
b) You must not transmit to us, or third parties that we engage with, any viruses / code / worms, and any other material that is damaging.
c) You must be at least of the age as according to laws in your jurisdiction, to use and engage in our products and/or services (and our website).
d) We will terminate your service with us immediately, if you violate and/or breach any of the Term of Use (3).
4: General terms and conditions
a) The sub-titles within this Terms of Use document are for reference only and do not affect any terms within this document.
b) You agree that you will not exploit, copy, reproduce, duplicate, re-sell any part of the products and/or service we provide, including any images and/or content on our website, and also including any access to our products and/or service.
c) At any time, and for any reason, we reserve our right to refuse service to anyone.
d) You understand and agree that your data content may be transferred unencrypted, including:
(i) To adapt and/or conform to the connecting devices and/or networks’ technical requirements.
(ii) Transmissions over various network/s
This does not apply to credit card information, as credit card information is transferred over devices and/or networks as encrypted.
5: Account Information, Payment, and Returns Policy
a) To ensure we can complete orders, and payment transactions are completed, you understand and agree to update your personal information – this includes, but not limited to, your credit card / paypal details, and contact information.
b) You understand that we reserve the right to cancel any order placed with us, or cancel and/or limit the quantities purchased per: order, and/or person. Such restrictions may be determined from information for examples: same billing and/or postage/shipping address, same customer details, same credit card information.
c) If we believe an order is from a re-distributor, dealer and/or re-seller, you understand that we reserve the right to cancel and/or limit such orders.
d) In the event your order is cancelled, or we change your order (refer to above), we may contact you to notify you of such change/s, using your provided email, phone number and/or postage/shipping address you provided.
e) Refer to our Returns Policy.
6: Information on our website: completeness, accuracy and timeliness
a) We reserve our right to modify any and/or part of the contents of our website at any time.
b) You understand that we do not have any obligations to update any information and/or content on our website.
c) Our website may contain information that is historical information – such information may not be current and you should use such information for your reference only.
d) You understand and agree that it is your responsibility to monitor our website for any changes and/or modifications that may be made to our site.
e) You accept the risk of relying on any material on our website for the only basis in making decision – the content on our website is general information and we recommend you to refer to information that is more timely, accurate and/or complete, and primary information.
7: Products and/or Services, and price
a) Without any notice, we reserve the right to discontinue (or any part of), and/or modify, our products and/or service.
b) You understand and agree that for any discontinuation, price change, modification and/or suspension of our products and/or service, we are not liable to you or to any third party.
c) You understand that the prices for our products and/or services are subjected to change without notice to you.
d) You understand and accept that we reserve the right to change the price of products and/or services and the description of products, at our discretion, without notice.
e) We reserve the right to limit the sale of our products and/or services
f) We reserve the right to limit the sales of our products and/or services to any person, jurisdiction and/or geographical area. You understand and agree that a case-by-case basis may be used to exercise this right
g) You understand that we have made an effort to ensure the photographs of the products and/or services we sell on our website accurately reflect the products and/or service – we cannot promise that your computer/device screen will display the colour/s of the photographs accurately.
h) You understand that some products and/or services may have limited quantities.
i) You understand that some products and/or services may only be available to purchase through our website.
j) You understand and agree that the return of products and/or services purchased from us, are subject to our Return Policy.
k) You understand that we are not obliged to meet any expectations that you may have regarding our products and/or services, including the content on our website and/or the quality of our products and/or services.
l) You understand that we may limit the quantity of products and/or services that we offer.
8: Privacy and Personal Information
a) Our Privacy Policy governs your personal information – refer to our Privacy Policy.
9: Inaccuracies, omissions and errors
a) In regards to (but not limited to) pricing, offers, postage/shipment charges, content, description of products and/or services, availability and/or transit times, for examples – inaccuracies, omissions and/or typo-graphical errors may occur.
b) You understand, and agree, that should any information and/or content on our website / our products and/or services and/or on any website related, has errors and/or inaccurate, we reserve the right, at any time and without notice, even if your order has been submitted, to change, amend and/or correct any inaccuracies, omissions and/or errors, therefore we have a right to cancel orders, update and/or change information and/or content.
c) You understand, and agree, that except as required of us by law, we have no obligation to amend, clarify and/or update content, information regarding pricing, information on our website, our products and/or services, and/or a related website/s.
d) You understand that should there be an indicated date on our website, our products and/or services and/or related website/s regarding updated / amendment (date) – you should not assume that the information, content and/or pricing information at such date reflects all of the (updated / amended) information on our website, our products and/or services and/or related website/s.
10: Third Party tools and links
a) You understand and agree that if we provide you access to such third-party tools, we provide them to you ‘as available’ and ‘as is’ – we do not provide them with any conditions, warranties and/or representations. Furthermore, we are not provided with any endorsement for your access and/or use of such third-party tools.
b) You understand that we may provide to you with access to tools from third-parties – you understand that we do not have any input, control and/or monitoring of these.
c) You understand and agree that should you use such optional third-party tools, we are not liable whatsoever for your use of, or in relation to your use of, such third-party tools.
d) We recommend for you to be acquainted with, and understand and agree to all of the terms, conditions and/or policies on the particular third-party tool/s’ provider (you gained access to/offered to use, when using our products and/or services and/or website). You understand and agree that it is at your own discretion and risk to use any optional third-party tools offered through our website.
e) In the future, new tools, features, resources, and/or products and/or services may be offered through our website – you understand and agree that these are also subjected to this Terms of Use.
f) You understand there may be products and/or services, and/or content on our website that may include third-party material.
g) You understand that there may be links on our website that may direct you to third-party websites. Such websites are not associated to us.
h) You understand and agree that we do not have any responsibility, and that we are not liable whatsoever for any material/s and/or websites from third-parties, or for any other materials including products and/or services, material/s, and/or content.
i) You understand that in relation to third-party material/s, we are not accountable for evaluating and/or examining the accuracy and/or content of such third-party material/s.
j) We recommend for you to carefully review the practices, policies, conditions, and/or terms, of any third-party in relation to above, and ensure you understand them before you engage in any dealings and/or transactions with third-parties,
k) You understand and agree that in relation to the use and/or purchase of: content, products and/or services, and/or resources, and any other dealings and/or transactions made in connection with any third-party website – we are not liable for any damage/s and/or harm in this regards.
We advise for you to contact/communicate with the third-party should you have any concerns, questions, claims and/or complaints regarding products and/or services, from third-parties.
11: Feedback, comments, and other submissions
a) Should you send us ideas and/or requests to us, including: creative ideas, proposals, plans, suggestions, and/or other materials/ideas, either at our request, or without a request from us, by either: post, email, or through our website and/or social media accounts (including any comments on social media) – you understand and agree that should this occur, without any restrictions and at any time we may copy, publish, edit, translate and/or distribute, and/or use in any medium any comments that you have provided to us.
b) We are not in any obligation to you, and will not be in any obligation to you, to:
i) pay to you any compensation for such comment/s
ii) respond to any of your comment/s
iii) maintain any of your comments in confidence.
c) You understand, and agree that we have no responsibility in relation to any comment/s posted by either you and/or any third party.
d) You understand, and agree that we are not liable whatsoever for any comment/s posted by you either and/or any third party.
e) You are exclusively responsible for: the accuracy of any comment/s you make, and/or for the content of such comment/s.
f) In regards to comments that are: in violation to this Terms of Use, are illegal, threatening, pornographic, defamatory, offensive, obscene and/or comments that is in violation to the intellectual property and/or Terms of any party – you understand and agree that we are not obliged to, but we may, at our own discretion, remove, monitor and/or edit such comments/content.
g) In relation to any comments that you make, you agree that such comment/s will not contain illegal, obscene, abusive and/or defamatory material.
h) In relation to any comments that you made, you agree that such comment/s will not contain any viruses, worms, code, malware, and/or any other material that would impact on our website, our products and/or services and/or any other related, and/or that is damaging.
i) In relation to any rights of any third parties, including for examples: proprietary and/or personal right/s, privacy, trademark, copyright and/or personality – you agree that any comments that you make will not violate such rights.
j) You understand and agree that you cannot pretend to be someone else, or use a fake name, in regards to making comments (refer to above); you must use your own identity, and your correct e-mail address.
k) You understand and agree that you will not mislead us, or any other third party as to the source and/or author of any comment/s.
12: Prohibition of use
a) Under this Terms of Use document there are prohibitions set out – furthermore, you are also prohibited from using our website, the content within our website and/or the photographs/pictures on our website:
(i) to violate the intellectual property rights of both us and/or the intellectual property rights of third parties
(ii) to defame, harass, harm, slander, intimidate, abuse, insult, disparage, and/or discriminate, based on religion, ethnicity, age, sexual orientation, disability and/or national origin
(iii) to submit information that is misleading and/or false
(iv) to transmit to us, or to third parties that we engage with, any viruses / code / worms, and any other material that is damaging.
(v) To pharm, pretext, spider, crawl phish, spam, scrape, and/or crawl, us and/or third parties.
(vi) To track and/or collect the personal information of third parties
(vii) For the purpose that is immoral and/or offensive in nature.
(viii) To avoid and/or interfere with the security features/technology of our website, our products and/or services, or any other website and/or feature/content on the Internet.
(ix) For any purpose and/or act that is illegal.
(x) To breach any laws, including: local laws and/or regulations, state / provincial laws and/or regulations, and/or federal laws and/or regulations.
(xi) To solicit other / third parties to participate in or perform in any acts that are illegal.
(xii) terminate your use of the product and/or Service or any related website for violating any of the prohibited uses.
b) We reserve the right, at our sole discretion, to terminate your order should you violate one or more of the prohibitions of our Terms of Use as under this document.
c) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
13: Liability, Limitation and Warranties
a) You understand and agree that your inability to use, or your use of, our products and/or services, is at your own sole risk.
b) We do not warrant that the results you receive from our products and/or service will be reliable and/or accurate.
c) You understand and agree that the we do not guarantee, warrant and/or represent that the use of our products and/or services will be error-free, secure, uninterrupted and/or timely.
d) Unless we have specifically stated, our products and/or services received by you, through our service, is provided to you on an ‘as available’ and ‘as is’ basis, for your use, without any conditions, representations, and/or warranties, implied or express. This includes all implied conditions and/or warranties implied for merchantable quality, durability, title, merchantability, fitness for its specific purpose, and/or non-infringement.
e) Quirky Artwork, its staff, contractors, suppliers, providers, and/or other third parties affiliated with us, are not liable for any claim, injury, and/or loss, or any indirect, direct, special, punitive and/or consequential damage/s of any kind. This includes, without limitation: lost savings, lost profits, lost revenue, data loss, costs for replacements, and/or any similar damages, based on either contract, liability and/or tort (including negligence), arising from your use of any of our products and/or services, and/or products and/or services acquired using our products and/or services – this also applies to any other claim that is in relation in any way in using our products and/or services, this includes, by not limited to: damage and/or loss of any kind as a result of the use of our products and/or services, content (on our website, social media, and/or comments/posts from third parties, and other relevant contents), content posted, transmitted, even in the event that one was informed of the possibility.
f) Some jurisdictions do not permit for limitation of and/or exclusion of liability for incidental damages and/or consequential damages. In such jurisdictions, the law will determine the maximum extent that our liability is limited.
14: Indemnification
a) You agree to indemnify, defend and hold harmless Quirky Artwork, and our staff, contractors, sub-contractors, suppliers, providers, harmless from any demand and/or claim, including reasonable legal fees, made by any third party arising out of, or due to, your breach of our Terms of Use and/or the documents and/or policies referred within this Term of Use document, or the rights of a third party, and/or your breach of any law.
15: Discontinuation of this Terms of Use and our agreement with you
a) Should there be an event that any of these Terms of Use is deemed to be unenforceable, unlawful and/or void:
(i) It is deemed that the part/s of this Terms of Use that are not enforceable is/are discontinued from our Terms of Use.
(ii) It is deemed that the part/s of this Terms of Use that are not enforceable is enforceable to the maximum extent that the applicable law permits.
(iii) Any unenforceable part/s of this Terms of Use will not impact in any way the enforceability and/or validity of any other provisions within this Terms of Use.
16: Termination of liabilities and/or obligations
a) Should the termination date occur, liabilities and the obligations of the parties incurred prior to the termination date, will survive for all purposes.
b) Our Terms of Use apply until, and unless termination by either us or you occurs.
c) Our Terms of Use may be terminated by you, by:
(i) Informing us in writing that you no longer want to use our products and/or services – you can do this at any time.
(ii) Our Terms of Use will terminate when you conclude using our website. Section 16 (a) of this Terms of Use will apply.
d) We may terminate this agreement with you, by:
(i) Informing you in writing, without any notice and without reason – we can do this at any time.
(ii) If we suspect you have not complied with any conditions, term and/or policy contained within this Term of Use.
e) In the event we terminate this agreement with you, as under this Terms of Use section 16(a), you agree that you will be liable for all amounts due up to termination date (inclusion).
f) You understand that we may refuse for you to access our website and/or our products and/or services.
17: The Entire Agreement
a) In regards to our products and/or service to you, this Terms of Use, and associated policies referred within this document and/or on our website, constitutes the entre understanding and agreement between us and you, and your use of our products and/or services, and overrides any previous or concurrent communications, agreements and/or proposals, between us and you – either written and/or oral.
b) It will not constitute as a waiver of such provision and/or right of this Term of Use in the event we fail to enforce any provision and/or right as under this Term of Use.
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