Terms & Conditions
WEBSITE TERMS AND CONDITIONS
The website (www.emmablomfield.com) and all other associated digital platforms, media accounts and mobile applications (together, the Website), content, products, materials and services (together, the Services) are owned and operated by Emma Blomfield Pty Ltd ABN 50 626 639 950(Company, we, us, our). The term “you” refers to any user or browser of the Website or purchasers of our Services.
You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardians’ prior consent to use the Website and Services. You acknowledge and agree 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, which 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.
- OUR SERVICES
Our Website and Services aim to provide interior decorating, styling and consultancy services to clients Our Services are subject to change at our sole discretion and includes edecorating, interior decorating, AirBnB styling, event styling, coaching services, mentor program, courses, The Treasury (a free resource library) and books. More information on our Services can be found on the Website.
- PERMITTED USE
We prohibit the use of the Website and any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and the Services in a safe and responsible manner 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 the Company’s rights or the rights of others. In respect of such unlawful or prohibited activity, you acknowledge and agree you will not:
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- harvest or collect email addresses, images or personal information of other users;
- transmit, post, make representations about false or misleading material;
- post or transmit any material which contains a computer virus or other harmful data, code or material;
- exploit the Website for your own commercial purposes or the commercial purposes of any other person (including the posting of advertisements, solicitations, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- provide access or links to any material, (including peer to peer network “trackers”) which may infringe the intellectual property rights of another person or entity;
- use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the structure or presentation of the Website, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Website;
- manipulate identifiers in order to disguise the origin of any communication you send through the Website;
- impersonate or misrepresent you are any other individual or entity;
- defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Website or Services;
- seek or trace any information of another user, including an account not owned by you, or exploit the Website or Services in any way where the purpose is to reveal information;
- attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
- breach the security or authentication procedures of the Website, or any network connected to the Website, in an attempt to gain unauthorised access to any part of the Website or Services by hacking, password “mining” or any other illegitimate means.
You may not use the Services or the Website, 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 other 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.
- EMAIL LIST
By making an inquiry or purchasing an item or Service through the Website, you will be added to our email list. If you do not want to remain on our database, you can simply follow the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications or email at any time at [email protected].
Subject to these Terms and Conditions, you will be given lifetime access to the Website. You may also be entitled to exclusive offers, benefits and extra services, sent to you via email notifications from time to time.
The Website provides a questionnaire that can be completed to obtain a quote from us. By completing the questionnaire, you agree that:
- we may use the information and photos you submit for the purposes of determining the appropriate Service and relevant quote for such Services; and
- the quote provided by us in response to your questionnaire is an estimation only, and may be subject to change.
- E-DECORATING AND INTERIOR DECORATING
If you choose to purchase an e-decorating or interior decorating Service through the Website, you will be taken to scheduling platform provided by a third party to book a time for a Skype or phone consultation with us. By doing so, you agree to the following:
- you accept responsibility for providing the correct contact and payment details;
- you agree that the information you provide through the questionnaire at the time of booking can be used by us for the purposes of consultation;
- you agree that payment must be made in full at time of booking the consultation;
- the consultation fee is non-refundable;
- if you need to change the time for the consultation, you must contact us within 24 hours of the booked time;
- Failure to cancel within the 24 hour time period will result in a cancellation fee of 50% of the consult.
- you give permission for us to contact you at the nominated time for the consultation.
- COACHING AND COLLABORATING SERVICES
Our Coaching and Collaborating Services are non-refundable. Upon payment you will be asked to complete a questionnaire prior to our call. If you purchase a package with multiple sessions, you agree to complete all sessions within a three month period. You agree that it is your responsibility to organise a time for these sessions.
- 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 for. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.
- 8. USER-GENERATED CONTENT
The Website, (and any of our other digital platforms, mobile applications or social media accounts or during a course or program) 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, graphics, 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 in any way connected with Services.
You agree you may not use the Website to submit, post or display any content that:
- you do not have permission, right or license to use;
- is objectionable, offensive, unlawful, deceptive or harmful;
- is personal, private or confidential information belonging to others;
- requests or displays personal information from a minor;
- impersonates or misrepresent your affiliation with another person, or entity;
- to transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials, or informational announcements; and
- plan or engage in any illegal, fraudulent, or manipulative activity.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User-Generated Content on this Website:
- you warrant that you independently created or otherwise have all the necessary rights and permissions to submit the User-Generated Content to the Website;
- you grant us a royalty-free, non-exclusive, irrevocable, perpetual, transferable, world-wide licence of the intellectual property rights in the User-Generated Content to use, modify, copy, cache, store, archive, sub-licence, distribute, reproduce, adapt, transmit, create derivative works, publish and/or broadcast, exhibit, synchronise, edit, adapt, publicly perform, communicate and publicly display in any manner and by any means which we may determine;
- you agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content; and
- to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User-Generated Content which would otherwise constitute an infringement of your moral rights that you may have in the User-Generated Content. To the extent that a waiver (rather than consent) is required in any jurisdiction, then you waive any moral rights you may have.
You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content for any reason. In particular, 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.
- ONLINE STORE TERMS
Our Products and Services may be subject to change without notice. We reserve the right at any time to modify or discontinue any Services or Products without notice at any time. We reserve the right and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Services or Products.
We also reserve the right to limit the sales of our Services or Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services and pricing are subject to change at any time without notice, at our sole discretion.
Transactions are processed in AUD figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees. Prices for items or services in an order are fixed once your order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed orders. You agree to pay delivery charges as they are calculated and listed in the order confirmation at the time of purchase. We accept no responsibility for orders that are declined or not accepted due to disruptions with internet connections.
9.3 Gateways and Merchants
We may use a payment-processing merchant for purchases and payments, or payment platforms, where you may be directed offsite. By purchasing the Services, you agree to comply with our terms of purchase as well as those provided by the payment-processing merchant or payment platform. We reserve the right to change the preferred payment gateway, from time to time, and without notice.
9.4 Credit Cards, Chargebacks and Payment Security
We accept credit card payments for the Services. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless caused by fraud or negligence we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein.
If you use a multiple-payment plan to make payments to us, we shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so.
You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance.
The Company reserves the right to reject, and or report, credit card payments that are suspected of fraud or illegal activity.
Payments for all services purchased in Australia, including international transactions, are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.
9.6 Promo Codes
From time to time, we may offer Promo Codes that you can use when purchasing products or services through our Website. It is your responsibility to enter the code at checkout. At our sole discretion, we may cancel, modify or suspend the Promo Code.
- Delivery of Goods
All purchases via the Website include a separate dispatch service which is provided by a third party carrier. Once an order has been dispatched to the customer by us, the dispatch service is deemed to have been provided, and in no circumstances are we then liable to refund the delivery fee paid by the customer.
We are not responsible for the delivery and delivery times of Goods once dispatched. It is the customer’s responsibility to liaise with the nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions.
You acknowledge that delays in shipping do occasionally occur, and we are not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order. You further acknowledge that Goods may be damaged in transit by the carriers, and in such a case, we are not liable in any way to provide a refund.
- Cancellation Terms
The Company, at its sole discretion, may cancel your order at any time prior to the dispatch of goods, including products that are sold on pre-sale. In the event of a cancelled order, funds paid in relation to that order will be refunded in full as soon as is reasonably practicable. You will be provided with an email acknowledgement of the cancellation and refund.
- Refunds and Returns
No refunds are available for Services where goods are not offered. In regard to the refund for purchased goods, it is at our sole discretion whether or not to offer a refund for a good purchased from the Company. If you are not satisfied with a product that you have purchased from us, please email [email protected] to discuss a refund.
If we offer a refund you must return the purchased good in their original packaging. We will refund the amount paid minus shipping upon receiving and inspecting the returned good.
- Product Warranties
Products sold on the Website is covered by a one year warranty. Emma Blomfield warrants all goods for the period of the warranty under normal usage, to be free from defects in material and workmanship. Emma Blomfield’s liability under this warranty is to repair or replace any part or product covered by this warranty free of charge. This warranty does not cover:
- normal wear and tear;
- damage arising from abnormal use, or abuse, or placement in inappropriate locations; and
- products which have not been maintained, or which have been modified.
We require any customer requesting service in accordance with this warranty to provide to comply with directions from us in order to facilitate the investigation of the warranty claim. Such directions will usually include the provision by the customer of a detailed description of the warranty service requested and photos and videos (where appropriate).
We are not required to provide warranty services in accordance with this warranty unless the customer complies with the previous sub-paragraph, because in the absence of provision by customers of the description and images, we are unable to investigate and provide an appropriate solution.
Insignificant variations in advertised dimensions or colour or grain or finish (as between Goods received by a Customer and images or descriptions shown on the Website), or damage to packaging only, is not covered by this Warranty.
The Company 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.
- PRIVACY AND SECURITY OF INFORMATION
- INTELLECTUAL PROPERTY
These Terms and Conditions does not transfer from us to you or any third parties any of our or third-party intellectual property. All rights, titles, and interests, including, without limitation, Intellectual Property Rights, in the Website and Services will remain (as between the parties) solely with the Company. Unless stated otherwise, your use of our Services grants you no right or license to reproduce or otherwise use any our or third-party intellectual property. For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.
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:
- where at any time you have committed any act of willful or serious misconduct;
- if you fail to pay any fees, payments or expenses properly payable to us for our Services;
- where you have created a risk or possible exposure for us;
- where there are unexpected technical issues or problems;
- at the request of a law enforcement or government authority; or
- upon a request by you.
- WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY WE) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE WE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE WE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
- WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
- GOVERNING JURISDICTION
The laws of New South Wales, Australia govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.
This Terms and Conditions (and all related documents, policies and legal notices) constitute the entire agreement between the Company and you concerning your use of this website and supersedes all previous agreements or understandings, whether written in oral, in relation to your use of this website.
No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign such a document.
If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect.
The failure of a party at any time to require performance of any obligation under the Terms and Conditions is not a waiver of that party’s right:
- to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
- at any other time to require performance of that or any other obligation under the Terms and Conditions.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
EMMA BLOMFIELD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME EMMA BLOMFIELD MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT EMMA BLOMFIELD’ LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY EMMA BLOMFIELD) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL EMMA BLOMFIELD, HER OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF OPPORTUNITY WHETHER THE LOSSES BE DIRECT OR INDIRECT) ARISING FROM YOUR USE OF ANY OF THE SERVICES OR WEBSITE OR LINKED WEBSITES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, WEBSITE AND/OR USER-GENERATED CONTENT (AND RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES) INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, EMMA BLOMFIELD’ LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
EMMA BLOMFIELD SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE EMMA BLOMFIELD FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
EMMA BLOMFIELD DOES NOT REPRESENT OR GUARANTEE THAT THE WEBSITE OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE EMMA BLOMFIELD FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE WEBSITE OR SERVICES. EMMA BLOMFIELD IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
© COPYRIGHT POLICY
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 recognized throughout the world, (including the Copyright Act 1968 (Cth) and/or The Digital Millennium Copyright Act (DMCA) 1998 (USA) whether existing under statute, at common law or in equity, now or hereafter in force.
You are prohibited to copy, distribute, share and/or transfer 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, force password and/or stamp license details (including customer name, address etc.) to ensure additional safety. Except as permitted by the Copyright Act 1968 (Cth) and/or The Digital Millennium Copyright Act (DMCA) 1998 (USA) no part of the Website (including any content, information or material posted on the Website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. No part of the Services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by the Terms and Conditions.
Specifically, all works, digital products, e-books, PDF downloads, resources material, videos and online content are subject to copyright protection. You are prohibited to copy, distribute, share and/or transfer the product/s (and/or their associated usernames or passwords) you purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address etc.) on its digital products to ensure additional safety.
Emma Blomfield respects the intellectual property rights of others, and warrants that all information and materials provided via the Website and Services is original content of Emma Blomfield and does not violate the intellectual property rights of any third parties. Any and all references made to third parties or third party intellectual property is by means of reference only, and Emma Blomfield makes no claims or association to it.
You acknowledge and agree to respect the intellectual property rights of others, including but not limited to our Users, and third parties, by not using, reproducing or exploiting any third party content or User Content that infringes their intellectual property rights recognised throughout the world, whether existing under statute, at common law or in equity, now or hereafter in force.
These Terms and Conditions do not transfer any our intellectual property rights to you or any third parties. 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.
You are granted no right or license with respect to our trademarks, service marks, graphics, and logos used in connection with the Services and Website.
All intellectual property displayed on this 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.
You acknowledge and agree that the Website, Products and Services contain information and material that is owned by us, our users, licensors, service providers and third parties, and are protected by all Intellectual Property and Copyright Laws recognised throughout the world (including the Copyright Act 1968 (Cth) and The Digital Millennium Copyright Act (DMCA) 1998 (USA)), whether existing under statute, at Common Law or in equity, now or hereafter in force.