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TERMS AND CONDITIONS

    

TERMS AND CONDITIONS

The website https://haveninteriorstyle.com.au/ and all associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are owned and operated by Nicole Elizabeth Wray trading as Haven Interior Style ABN 50423706648  (HIS, we, us, our). The term ‘you’ refers to any user or browser of the Website or purchasers of our Services.

The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By accessing any information, or using the Services provided on the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing (together, users). 

You agree that the use of the Website and Services is at your own risk. If you are under the age of eighteen (18), you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.

These Terms and Conditions do not modify, restrict, or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

1.  PERMITTED USE

HIS prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes HIS rights or the rights of others. 

You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.

2.   SERVICES DISCLAIMER 

Our Website and Services aim to provide interior design, decorating and styling services, which may include design, decorating and styling consultations, colour consulting and colour schemes, concept drawings and design, sample boards, mood boards, materials boards, specification sheets, 2D and/or 3D drawings/renderings, elevations, lighting and electrical plans, furnishing and styling, custom furniture design, cabinetry and joinery services, selection of furniture, hard finishes and fixtures and lighting and ancillary services. All Services carried out by HIS are pursuant to our Code of Conduct and are subject to any current and future COVID-19 regulatory or legislative provisions enforced by the South Australian or Federal Government of Australia.

The information, content, and material contained in or available through the Website and Services are provided for general information purposes only. None of the content on this Website represents or warrants that any method or service is appropriate or effective for you. 

To the extent that we provide any explicit or implied recommendations of any service, such recommendations are only general and not specific to any situation. The information we provide is not intended to be a substitute for professional financial, legal, or building and construction advice, nor do we claim to be an expert in any specific commercial field.

All information provided by us is provided in good faith, though we make no guarantees of any specific result from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up to date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results.

Testimonials (visual and written) and any publicity materials displayed on our Website or other platforms are examples of real experiences and opinions of people's experiences with us, our Website or Services, and are for illustration only.  All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results. 

We may refer to other products, services and/or experts on this Website. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. It is your responsibility to conduct your own research and make your own determination about any such product, service and/or expert.

We may participate in affiliate marketing and may allow affiliate links to be included on some of our Website. This means that we may earn a commission if/when you click on or make purchases via affiliate links. We will inform you when one of the links is an affiliate link and will only affiliate with products, services and experts that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by us and will conduct your own research and will rely upon your research in deciding whether to purchase the affiliate product or service.

3.   CODE OF CONDUCT 

HIS endeavours to abide by this Code of Conduct to ensure that the provision of our Services is held to a high standard and abides by the relevant laws and regulations as they apply to us.

Standard of performance: HIS will do all things reasonably required to ensure that the Services are performed with due care, skill and diligence, in a professional and ethical manner, within the scope of their expertise, and to the Client’s reasonable satisfaction.

4.  ENQUIRIES, REGISTRATION AND SUBSCRIPTION

By booking a consultation call, making an enquiry via the form on the Website, you will be added to our email list. If you do not want to remain on our database, you can follow the instructions on the form to update your subscription or data preferences, or unsubscribe from our email communications, or email us at any time at nicole@haveninteriorstyle.com.au.

You agree that all information you provide to us through the Website will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

You are responsible for maintaining the confidentiality of your account details and password and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. 

HIS keeps your registration information on a secure server. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Website and Services to you, to administer our Website, and to notify you of products or special offers that may be of interest to you. For more information, please refer to our Privacy Policy.

5.  ONLINE COMMUNITY GUIDELINES

The Website and any of our other digital platforms, mobile applications or social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with Services.

It is essential to ensure that all our members of our community adhere to the Community Guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate or incite any content or behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity nationality, sexual orientation, age gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone, or restrict another user’s use and enjoyment of the community in any way. HIS prohibits negative, dishonest, or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are, or that you represent someone else, or impersonate any other individual or entity for any purpose.

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Services and inform the relevant authorities where appropriate. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone, or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

6.  THIRD-PARTY LINKS 

The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services, or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent, or warrant that the content of any third party is accurate, legal, or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services, or resources.

7.  MAINTENANCE

HIS is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors; we therefore do not guarantee the availability of the Website all times or at any specific times.

8.  PRIVACY AND SECURITY OF INFORMATION

Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

9. INTELLECTUAL PROPERTY & COPYRIGHT NOTICE 

You acknowledge and agree that the Website and the Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth) whether existing under statute, at common law or in equity, now or hereafter in force. 

You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Services (and/or their associated username/passwords) you purchased to any third party or person. In some cases, we may encrypt, and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.

HIS respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Services is original content of HIS and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to it.

These Terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos, or trademarks, without the express written agreement of the relevant owners. 

We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or any other third party, we have the right to deny access to, or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.

10. TERMINATION

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

(a)         where you are in breach of any of the Terms of Use or any related policies;

(b)         where at any time you have committed any act of wilful or serious misconduct;

(c)         if you fail to pay any fees, payments or expenses properly payable to us for our Services by the stipulated date;

(d)        where you have created a risk or possible exposure for us;

(e)         where there are unexpected technical issues or problems;

(f)          at the request of law enforcement or government authority; or

(g)         upon a request by you.

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