 |
Home
|
About
the Artist |
Contact
| Prices
Printing Postage
| Order
Form |
Terms and Conditions
Ownership
This website (hereinafter referred to as Jirralulu Art) is owned and operated by Jirralulu Pty Ltd as trustee for Planigale (ABN 83 395 160 151) Jirralulu from a server located in the United States.
Access and use
Your access to, and use of the materials contained in, Jirralulu Art (regardless of whether or not your access or use is intended) and purchase of any items from Jirralulu Art is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on Jirralulu Art (Terms of Use).
Your use of, and access to, Jirralulu Art constitutes your agreement to the Terms of Use. Jirralulu reserves the right to amend the Terms of Use without notice at any time. It is therefore important that you read this page regularly to ensure you are aware of any changes. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on Jirralulu Art. Any questions or comments regarding, or problems with, Jirralulu Art should be sent via our online contact form immediately.
Copyright in the Content on the Website
The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on Jirralulu Art (Content) is owned by either Jirralulu, our suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.
You must not modify, copy, reproduce the Content in any way except as expressly provided for on Jirralulu Art or expressly authorised in writing by Jirralulu or the owner of the copyright subsisting in the Content. The use of materials from Jirralulu Art on any other website or networked computer environment is similarly prohibited. You must not use Jirralulu Art in any manner or for any purpose which is unlawful or in any manner which violates any right of Jirralulu or the owner of the copyright subsisting in the Content or which is prohibited by the Terms of Use.
All rights not expressly granted in the Terms of Use are reserved.
Copyright in other material
Jirralulu makes no warranties or representations that material on other websites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.
Jirralulu is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites by linking that material.
Trademarks
All trademarks displayed on Jirralulu Art are trademarks of their respective owners. Nothing contained on Jirralulu Art should be construed as granting any license or right of use of any trademark displayed on Jirralulu Art without the express written permission of Jirralulu, the relevant Jirralulu affiliate or third party owner.
Content
The information contained in Jirralulu Art is provided 'as is' without warranty of any kind. The entire risk as to the results and the performance of the information is assumed by the user, and in no event shall Jirralulua be liable for any consequential, incidental or direct damages suffered in the course of using the information contained within Jirralulu Art. Use of the information contained on Jirralulu Art is governed by their respective license agreements and may contain restrictions on use. Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.
Links
Jirralulu is not responsible for the contents of any linked website or any hypertext reference link contained in a linked website. Jirralulu provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked website, or approval of any material on the website, by Jirralulu. Jirralulu makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Content is linked. You link to any such website entirely at your own risk. When visiting other websites you should refer to each such website’s individual terms of use and not rely on this agreement.
Advertising and third party offers
Jirralulu Art may also contain third party advertisements (including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hypertext reference links) are not recommendations or endorsements by Jirralulu or its directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its goods or services. Jirralulu takes no responsibility for third party advertisements posted on the Website.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Jirralulu, and the third party advertiser is solely responsible to you for all aspects of processing and delivery of any goods or services you purchase on the third party website (eg. processing payments, cancellations and returns, and customer service and complaints).
On certain occasions, Jirralulu will provide you with the opportunity to purchase goods or services from third party suppliers or carriers (on these occasions, Jirralulu does not offer the goods or services itself). Jirralulu does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such goods or services or that such goods or services comply with all applicable product safety and consumer product information standards. Any purchase of goods or services you may make from any such third party will be a separate contract with that third party supplier for those goods or services. Such purchases may be subject to separate terms and conditions imposed by that third party supplier. It is your responsibility to find out the terms and conditions imposed by that third party supplier on any transactions you may carry out. Jirralulu is not in any way responsible or liable for any failure in relation to:
(a) the communication from you to that third party;
(b) that third party’s failure to deliver the goods or services ordered;
(c) the condition of the goods or services on delivery;
(d) the payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you; and
(e) any loss incurred by you through currency fluctuations when purchasing the goods or services from that third party.
In certain circumstances, Jirralulu may receive a fee from certain advertisers when a user:
(a) who has entered the advertiser's website from the Website undertakes certain transactions on or in relation to that advertiser's website; or
(b) purchases certain goods or services by faxing or otherwise placing an order for those goods or services using an order form downloaded from the Website.
Disclaimer of liability and warranties
The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Jirralulu of goods or services on the Website which cannot be excluded, restricted or modified (Non-excludable Rights). Jirralulu 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 without warranties of any kind, either express or implied;
(b) Jirralulu makes no warranties or representations regarding the quality and accuracy of any Content;
(c) Jirralulu does not warrant or represent that:
(i) The Content will not cause any damage;
(ii) the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
(iii) any defects will be corrected; or
(iv) that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;
(ii) the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free;
(iii) any defects will be corrected; or
(iv) that the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;
(d) Jirralulu does not warrant or make any representation regarding:
(i) your access to, or the results of your access to, the Website (including any related or linked websites);
(ii) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
(iii) any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(ii) the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites; or
(iii) any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e)
you assume the entire cost of any necessary verification of any
relevant Content which you wish to have verified; and
You acknowledge that Jirralulu is not liable for:
(a)
any delays, inaccuracies, failures, errors, omissions,
interruptions, deletions, defects, computer viruses or communication
line failures; or
(b) the theft, destruction, damage or unauthorised access to your computer system or network.
Under
no circumstances (including but not limited to any act or omission on
the part of Jirralulu) will Jirralulu be liable for any loss or damages
(including, without limitation, indirect, incidental, special or
consequential or punitive damages and damages for loss of profits)
whatsoever which result from any use or access of, or any inability to
use or access, Jirralulu Art or any Content.
To
the fullest extent permitted by law, Jirralulu’s liability for breach
of any implied warranty or condition which cannot be excluded is
limited at the option of Jirralulu to the following:
(b) in the case of goods supplied or offered by Jirralulu:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
Indemnity
You agree to indemnify Jirralulu (its respective suppliers and affiliates and their respective employees and officers) against any loss or damage suffered, or costs incurred, by them in connection with your use of Jirralulu Art or any breach by you of the Terms of Use or any other legal obligation.
Compliance with laws outside Australia
Jirralulu makes no representation that the Content or Jirralulu Art complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Termination
Jirralulu may at any time without notice immediately terminate this agreement and your use and access to Jirralulu Art. In the event of termination, you are no longer authorised to use or access Jirralulu Art, however, all restrictions imposed on you and all Jirralulu disclaimers and limitations of liability set out in the Terms of Use survive the termination.
Governing law
This agreement will be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals of New South Wales.
Severability
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.
15 June 2008