Terms & Conditions | theindigotwig

TERMS & CONDITIONS

Welcome to my website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern The Indigo Twig's relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to The Indigo Twig and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

Every effort is made to keep the website up and running smoothly. However, The Indigo Twig takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

The Indigo Twig gives no warranty that our website or its server is free of viruses or any other harmful components.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Indigo Twig’s rights and obligations to each other.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), The Indigo Twig’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods will be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 5 and 21 days, depending on the delivery location. Replacement/refund of damaged or lost items is made at the discretion of The Indigo Twig as covered below.

RETURNS AND REFUNDS

The Indigo Twig does not return, exchange or refund due to change of mind, so please choose carefully. The Indigo Twig will not be held responsible for any damage caused by incorrect handling of the item or incorrect removal of the item from packaging. Original painting purchases that are proved to be lost or damaged during shipping will be eligible for a refund. Please do not sign on delivery in the case of a damaged item, and contact The Indigo Twig within 7 days and include a photo of the damage.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Indigo Twig. The Indigo Twig expressly excludes and does not permit you to use or access our website, to download any material or information from its website or obtain any such material or information through a third party. If you breach this term then The Indigo Twig will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Indigo Twig reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and The Indigo Twig concerning your use and access to The Indigo Twig’s website and your use and access to the material and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

USE OF WEBSITE CONTENT

All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorized use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to, download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from us.

You can purchase the Material featured on this website. Materials are intended for your personal use only, unless otherwise specified in agreed licensing provisions. You may not use or reproduce Material in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. For any other use or distribution, you must have express written consent from us.

The Indigo Twig and Wix.com expressly reserves all copyright and trademark in all information and material on our website and we reserve the right to take action against you if you breach any of these terms.

JURISDICTION

This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and The Indigo Twig that results in litigation then you must submit to the jurisdiction of the courts of QLD.