This website (Zigentala) is operated by Zigentala  (“we”, “our” or “us”).  It is available at: www.zigentala.com and may be available through other addresses or channels.

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1. Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

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2. Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

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3. License to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

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4. Terms of purchase: When buying an item, you agree that:

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 (a) you are responsible for reading the full item listing before making a commitment to buy it 

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(b) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process

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(c) your purchase is made under the conditions of personal use only, and under no circumstances are you licensed for commercial re-sale, auction, or permitted to use the item as a means to promote, communicate or market for other businesses other than Zigentala, unless granted by us through writing. 

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The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

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5. Product Aftercare: We provide aftercare guidelines for our designs on our website through the Aftercare page, product listings, and an aftercare video available through youtube. Although these aftercare instructions are encouraged by us to prolong the integrity of your product’s design, they will not stop any natural wear from occurring (most commonly affected by the age of the product, frequency of washes and frequency of wear). 

 

Natural wear is defined by us as any small changes that may occur to a painted design that is noticeable upon close inspection but does not change the overall design aesthetic. This may include, but is not limited to, painted areas that have developed small cracks, slight discolouration and slight loss of opacity. It is important to note that natural wear happens to most products with fabric paint (from Zigentala, and any other products from other stores). 

 

When purchasing one of our items off our website or through our Custom service,  you agree that you are responsible for the aftercare of your product and that natural wear may or may not occur to your product’s painted design. Zigentala will in no way be liable for the degradation of a design due to mistreatment or involvement in alternative aftercare instructions that were not originally disclosed by us. 

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6. Termination: We have a right to terminate any purchase and issue a full refund before the item has been dispatched in the event that: 

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(a) The item has become unavailable

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(b) you have violated our terms and conditions

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(c)We are unable to contact or deliver to you, as you provided us with inaccurate shipping information. 

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7. Contact and Shipping Information: When purchasing an item, you agree to provide us with the correct shipping and contact information needed to deliver your order, including:

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(a) a correct address of delivery reachable by the Australian Post

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(b) an active contact number

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(c) an active email address

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You agree that it is your responsibility to contact Zigentala immediately in the event that the information provided upon purchase is inaccurate, and understand that we will not be liable for any losses incurred based on the inaccurate information. 

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8. Payment: All prices quoted are in Australian dollars (AUD) and include GST. All payments are received through PayPal, directed through a third party site upon final purchase. In no event will Zigentala be liable for extra fees or conversion rates issued in the relation of products purchased with another currency. 

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9. Shipping: Zigentala offers to ship within Australia through Australia Post by standard post. Once we receive payment in full, orders are dispatched 1-3 business days from Melbourne. All shipping times displayed are estimations only.

In the event that we cannot dispatch your order within 1-3 business days, we will immediately contact you for the next available time.

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When accepting a special request for international shipping for an order, in no event shall Zigentala be liable for the border rejection, tax duty fees, delay or any other expenses incurred in the arrival of the purchased product within the destination country. We recommend that you research your country’s border guidelines before requesting international shipping. 

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10. Returns: When buying an item, you accept to be bound by our return policy conditions, which state that we do not offer returns under any circumstances. For more information, please see Returns Policy. 

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11. Data Collection: By accessing and using our site, you agree to the terms outlined in our Privacy Policy which can be accessed here. 

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12. Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

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(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

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(b) using our Site to defame, harass, threaten, menace or offend any person;

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(c) interfering with any user using our Site;

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(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

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(e) using our Site to send unsolicited email messages; or

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(f) facilitating or assisting a third party to do any of the above acts.

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13. Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.  

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14. Intellectual Property rights: Unless otherwise indicated, we own or license all rights, titles, and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

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(a) copy or use, in whole or in part, any Content; 

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(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

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(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

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15. User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

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You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that: 

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(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

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(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

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16. Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

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17. Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

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18. Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

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(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

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(b) access will be uninterrupted, error-free or free from viruses; or

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(c) our Site will be secure.

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You read, use and act on our Site and the Content at your own risk.

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19. Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

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20. Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

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21. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

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22. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

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23. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

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24. Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in  Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

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Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

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For any questions and notices, please contact us at:

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Email: artist@zigentala.com

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Last update: 22 November 2019

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Website Terms of Use provided by LegalVision.com.au