Terms & Conditions | Denise Walker Art

Terms & Conditions of Use

Acceptance of Terms

Welcome to the Denise Walker Art website (“Website”). Denise Walker Art provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any Denise Walker Art service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an ‘as available’ basis. Neither Denise Walker Art its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Denise Walker Art will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Product Descriptions

Denise Walker Art and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Denise Walker Art does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Limitation of Liability

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by Denise Walker Art of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Denise Walker Art does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied, (b) Denise Walker Art and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) Denise Walker Art does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Denise Walker Art does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Denise Walker Art) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Denise Walker Art) will Denise Walker Art or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Denise Walker Art does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, Denise Walker Art‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Denise Walker Art, to the following:

  1. in the case of services supplied or offered by Denise Walker Art, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
  2. in the case of goods supplied or offered by Denise Walker Art, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and hold harmless Denise Walker Art and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Denise Walker Art or the appropriate supplier or licensor of Denise Walker Art.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this web site is the property of Denise Walker Art or its software suppliers and is protected by Australian and international copyright laws.

Trademarks

The Denise Walker Art logo and the logos of the Denise Walker Art products are registered trademarks of Denise Walker Art or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Account, Membership and/or Registration

In consideration of your use of the Website, you agree to:

  • provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the “Registration Data”); and
  • maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular, to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Denise Walker Art has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Denise Walker Art has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications and Your Conduct

When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Denise Walker Art, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

  • restrict or inhibit any other user from using or enjoying any Communication Facility;
  • post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  • post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
  • post or transmit any material of any kind which contains a virus or other harmful component;
  • post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
  • download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

Denise Walker Art may from time to time monitor or review the contents of its Communication Facilities. While Denise Walker Art reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Denise Walker Art’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Denise Walker Art has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Denise Walker Art responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

Denise Walker Art reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Contributions

Denise Walker Art may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Denise Walker Art disclaims any and all liability in connection with Contributions. Denise Walker Art assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Denise Walker Art is under no obligation to treat your Contribution as confidential.

Denise Walker Art may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

User Licence To Denise Walker Art

By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Denise Walker Art and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

  1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
  2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Denise Walker Art and any other party authorised by Denise Walker Art all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Denise Walker Art, you will execute and deliver to Denise Walker Art such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online Security

At Denise Walker Art we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

Denise Walker Art will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

If you’re making an online purchase from Denise Walker Art and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with ‘https://…’ instead of ‘http://…’

Please REPORT any suspicious activity to us immediately.

Risk Of Loss

All items purchased from Denise Walker Art are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GST

Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by Denise Walker Art are GST inclusive. Denise Walker Art will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the “Act”). Tax invoice means tax invoice as defined by the Act.

Third party links and advertising

Hyperlinks and pointers to web sites operated by third parties will appear on Denise Walker Art from time to time. These web sites do not form part of the Website and are not under the control of Denise Walker Art or its related bodies corporate and neither Denise Walker Art nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Denise Walker Art or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on the Website, including via email, Denise Walker Art accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Errors And Omissions

Denise Walker Art endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Delivery

In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.

Returns

Denise Walker Art will accept returns in accordance with Victorian and Australian law. Returns are also accepted with prior approval from Denise Walker Art where a return authority number will be issued and must be with 30 days of invoice. The item must be unused and the packaging in new condition.

Repairs and Warranties

If a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.

 

Gift Card Terms and Conditions of use

Gift Card Overview

The Terms of Use govern the use of your Gift Card and we reserve the right to amend these Terms of Use, at our discretion, from time to time. Below is the most recent version of the Gift Card Terms and Conditions,

Gift Card Definitions and Interpretation

In these Terms of Use, the following definitions and interpretations apply:

  1. Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.
  2. Headings are for reference only and shall not affect the construction of these Terms of Use.
  3. Any reference to “dollars” or “$” is a reference to Australian currency, unless otherwise stated.
  4. The following words shall have meaning given to them:

Gift Card Acceptance of Terms of Use

These Terms of Use apply to every Gift Card.

By purchasing, Redeeming or attempting to Redeem a Gift Card or enquiring as to the Card Balance on a Gift Card, you:

  • accept and agree to be bound by these Terms of Use;
  • acknowledge that you have read and understood the Privacy Policy; and
  • warrant to us that you will comply with these Terms of Use and all applicable laws and that the Gift Card will not be used in any manner which is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.

If you intend to give a Gift Card to another person, you should ensure that the person is aware of these Terms of Use and the Expiry Date.

Purchasing a Gift Card

Gift Cards can be purchased online via the Website. A minimum of $50 credit and a maximum of $1,000 credit can be loaded on any Gift Card by presenting the card at a point of sale in a store. At our absolute discretion, we may change the minimum and maximum amounts of credit that can be loaded on Gift Card. If we decide to change these amounts, we will publish a notice advising of any such changes on the Website.

Gift Card Liability

You are responsible for the use and safety of your  Gift Card and are liable for all transactions made on your  Gift Card, except to the extent to which there has been fraud or negligence by us or any of our employees.

Subject at all times to the exceptions in clause 9.3 below, we are not liable to you for any loss or damage (whether direct, indirect, consequential or special) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a  Gift Card, these Terms of Use or your use of the Website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website.

The exclusion of our liability in clause 9.2 above only applies to the extent permitted by law. Where any relevant and applicable consumer protection legislation implies any condition or warranty that can not be excluded in these Terms of Use, we limit our liability for breach of any such implied conditions or warranties to the re-supply of the services (or costs thereof). Any liability we have to you will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause 9 will apply even after these Terms of Use are no longer in effect.

Gift Card General Provisions

These Terms of Use are governed by and will be construed in accordance with the applicable law in the State of Victoria, Australia, irrespective of where a  Gift Card is purchased or used. In any action or other legal process with respect to any matter or thing in connection with these Terms of Use, you irrevocably submit to the authority of the Courts having jurisdiction in the State of Victoria, Australia.

Nothing in these Terms of Use affects any rights you may have and which by law cannot be excluded including the Competition and Consumer Act 2010.

If part of all of any clause of these Terms of Use is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms of Use and the remaining clauses in these Terms of Use will continue to have full force and effect.

 

 

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