© 2019 by Erica Webb. 

Website Terms and Conditions of Use

Welcome to our website! You’re at www.ericawebb.com.au, home of Erica Webb Art and Illustration (ABN 89447158499).

 

Erica Webb Art and Illustration is a business that provides the following services and products:

  1. art, illustrations, cards, and prints

  2. information, including but not limited to articles and blog posts

 

These are the Terms and Conditions you need to be aware of when using this website.

 

Please read these Terms and Conditions carefully, as together with our Privacy Policy and Online Shopping Terms, it sets out your important rights and obligations in relation to:

  1. the use of this website

  2. All purchases made through the Shopping Carts on this website

  3. All services purchased through the website, whether online or  Face to Face.

 

If you do not agree with these Terms and Conditions please stop using this website.

 

TERMS AND CONDITIONS

  1. When you visit this website and use our services or purchase our products you agree that you have read these Terms and all related documents and that you are willing to be bound them.

  2. If you register with our website, submit any material to our website or use any of our website services including our membership platform and online shop, we will ask you to expressly agree to these Terms and Conditions.

 

AGE

  1. Any persons seeking the services of Erica Webb Art and Illustration must be at least 18 years of age or accompanied by a legal guardian.

  2. We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated.

 

DISCLAIMER (GENERAL)

  1. While every care is taken Erica Webb Art and Illustration does not guarantee the accuracy of the information contained within this website.

  2. The information available through this website is provided for information and entertainment purposes only.

  3. You are solely responsible for any results you obtain as a result of using the information on this website.

  4. This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

 

NO UNLAWFUL OR PROHIBITED USE

  1. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.

  2. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.

  3. You agree not to hack into areas of this website that are not intentionally made available to you.

  4. You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business

  • engage in any internal or external spamming, or other similar actions

  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions

  • decompile, reverse engineer, or try to copy or imitate this website or underlying content

 

LINKS DISCLAIMER

  1. This website may contain links to other websites (‘Linked Sites’).

  2. The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site.

  3. We are not responsible for any form of transmission received from any Linked Site.

  4. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

 

COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

  1. Erica Webb Art and Illustration owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website.

  2. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

  3. Please email erica@ericawebb.com.au if you require permission to reproduce any of the contents of this website.

  4. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.

  5. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

 

PERSONAL USE ONLY

  1. You may access, download, or print material from the website for your personal use only. This excludes the printing of copyrighted images.

  2. Sharing without prior permission and commercial use of any sort is expressly prohibited.

  3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

  4. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property.

 

COPYRIGHT INFRINGEMENT

  1. If you believe that there is material on our website that infringes third-party intellectual property rights, please email erica@ericawebb.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from Erica Webb Art and Illustration website if appropriate.

 

WEBSITE SECURITY

  1. Erica Webb Art and Illustration makes every effort to maintain the security of the Erica Webb Art and Illustration website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business.

  2. However, we do not guarantee the security of the website, or our records.

  3. Erica Webb Art and Illustration disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control.

  4. You are advised to install and maintain up-to-date security software on your computer for your further protection.

  5. The Erica Webb Art and Illustration website is managed by third party services therefore the website may be inaccessible from time to time.

 

LIMITATION OF LIABILITY

  1. Erica Webb Art and Illustration will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

  2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

  3. This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

 

INDEMNITY

  1. You agree to indemnify and defend Erica Webb Art and Illustration from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your unauthorised use of this website, or products or services included or advertised on this website

  • your breach of these terms and conditions.

 

APPLICABLE LAW

  1. This agreement is governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

  2. You may provide notice to us through the contact us page or otherwise by email addressed erica@ericawebb.com.au. 

  3. Erica Webb Art and Illustration may provide notice to you via email or post.

  4. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph.

  5. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

 

RELATIONSHIP

  1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Erica Webb Art and Illustration as a result of this Agreement or use of this website.

 

VALIDITY

  1. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

 

These terms and conditions together with our privacy policy form the entire agreement between you and Erica Webb Art and Illustration.

 

FEEDBACK, COMMENTS OR COMPLAINTS

If you have any questions, please contact us at erica @ericawebb.com.au. We endeavour to respond to all inquiries within three business days.