TERMS AND CONDITIONS
About the Website
Welcome to www.emmadomandesign.com.au (Website). The Website provides you with an opportunity to browse and purchase services that have been listed for sale through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
The Website is operated by Emma Doman t/as Emma Doman Design (abn: 79 561 993 926) (Emma Doman Design). Access to and use of the Website, or any of its associated Services, are provided by Emma Doman Design. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Emma Doman Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of the Terms
You accept the Terms by remaining on the Website.
Bookings of Services
Emma Doman Design offers the opportunity to make bookings for Services via the available booking system (Booking System).
If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.
If you choose to proceed with the Services, you will be bound by the terms and conditions provided to you at the point of purchase.
In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Emma Doman Design, you will be issued with a receipt to confirm that the payment has been received and Emma Doman Design may record your purchase details for future.
You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Emma Doman Design for steps taken to enforce payment terms will be recoverable and payable by You.
Cancellation and Termination
General Cancellation
You must notify Emma Doman Design of an intention to cancel the Services as soon as practicable through e-mail to hello@emmadomandesign.com.au and abide by the following (Cancellation Policy).
The Services are non-refundable after a booked session has been completed.
Emma Doman Design may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
Emma Doman Design reserves the right to terminate your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.
If Emma Doman Design terminates the Services, you agree to pay Emma Doman Design for the portion of the Services completed up to the date and time of termination.
Cancellation and Rescheduling
Both Parties agree to reschedule any one-on-one sessions in writing.
Emma Doman Design understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.
Warranty
Emma Doman Design will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Emma Doman Design makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel this Agreement with Emma Doman Design, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
Services Disclaimer
You are solely responsible for creating and implementing your own decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Emma Doman Design. As such, you agree that Emma Doman Design is not and will not be liable or responsible for any actions or inaction, including results that you may or may not achieve.
Information Disclaimer
Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, podcast, blog or on any other related platform do not constitute professional or tailored advice, and are provided for general information and guidance purposes only.
All care is taken in the preparation of the information and published materials on the Website, through the Services, social media accounts, podcast, blog, or on any other related platform. Emma Doman Design does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
To the extent permissible by law, Emma Doman Design will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts, podcast, blog, or on any other related platform.
Copyright and Intellectual Property
You acknowledge that the Website, the Purchase Services, Emma Doman Design’s name, Services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Emma Doman Design or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts, blog, within the podcast or on any other related platform (Content).
You hereby indemnify and agrees to keep indemnified Emma Doman Design against all liability, losses or expenses incurred by Emma Doman Design in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Emma Doman Design or any third party by you or your agents.
You may not, without the prior written permission of Emma Doman Design and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Emma Doman Design, Emma Doman Design grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
Privacy
Emma Doman Design takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Emma Doman Design’ Privacy Policy.
General Disclaimer
You acknowledge that Emma Doman Design does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
Emma Doman Design will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the Services of Emma Doman Design is at your own risk. Everything on the Website, the Purchase Services, and the Services of Emma Doman Design, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Emma Doman Design make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Emma Doman Design) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Services (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
the Content or operation in respect to links which are provided for your convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
User Generated Content
If you choose to contribute any content to the Website or any other platform operated by Emma Doman Design, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
By contributing content to the Website, you grant Emma Doman Design a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Emma Doman Design.
Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Emma Doman Design can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
You confirm you own or have the right to use any copyright material included in Your Content (including replies to Emma Doman Design social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Emma Doman Design. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
Please ensure you keep your own copies of Your Content as Emma Doman Design may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
Emma Doman Design will endeavour to provide you with an appropriate credit when using Your Content on Emma Doman Design platforms, though you understand and agree this may not always be possible.
Emma Doman Design reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
Mailing List Registration
You may be given the option to register for the Emma Doman Design Mailing List (Mailing List).
As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
Email address
Name
If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Emma Doman Design.
Limitation of Liability
Emma Doman Design's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Emma Doman Design is the resupply of information or Purchase Services to you.
You expressly understand and agree that Emma Doman Design, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Emma Doman Design is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Emma Doman Design, by third parties or by any of the Purchase Services offered by Emma Doman Design.
Indemnity
You agree to indemnify Emma Doman Design, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
any breach of the Terms.
Venue and Jurisdiction
The Purchase Services offered by Emma Doman Design is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.