Lucky Cat Studio Website Terms of Use
This website (“Website”) is operated by Philippa Claire Keane trading as Lucky Cat Studio (“LCS”, “we”, “our” or “us”).
By accessing this Website, our social media accounts, or any client portal or survey to which we provide you with access (“the Sites”), you warrant in our favour that:
- you are over 18 years of age; and
- you have read, accepted, and agree to comply with these Terms of Use.
You further acknowledge and agree that we may amend these Terms of Use at our discretion at any time and without notice and that by continuing to access the Sites, you accept these Terms of Use, as they appear on the Website at the time. If you do not accept these Terms of Use then you must immediately cease using the Sites.
Accuracy of Information accessed on or via the Sites
Information found on the Website is intended to be general in nature. You should not act or rely on any information found on the Website without obtaining prior advice specific to your circumstances. Any reliance that you place on the information found on this Website is at your own risk.
Whilst steps are taken to ensure that the information appearing on the Sites remains current, delays, errors or omissions could affect its accuracy or currency. It is your responsibility to assess and verify the accuracy, completeness and reliability of any information found on the Sites.
If at any time we make details of any of our service package inclusions or fees available on our Website or social media accounts, we reserve the right to amend and/alter those details at any time up to the point in which we provide you with a formal quote which is accepted by you within the timeframe required for acceptance.
Whilst we endeavour to describe our services and their corresponding prices as accurately and as completely as possible in any of our marketing material, you should not assume that they are in all respects fixed at those rates. Information set out in our website packages and hosting and maintenance packages is based on the average cost to complete the services. There may be circumstances that require additional or different services to be provided than normal to complete your request and this will be discussed and agreed with you at the time of us providing you with a formal quote for completion of the services.
Liability
Materials available on the Sites may contain links to material on other websites (“Third Party Materials”) and LCS does not monitor, edit, approve, review, endorse or sponsor any of those Third Party Materials.
LCS is not liable to you or any other person for any loss or damage (however caused, including by negligence) arising from or in connection with the use of this Website or any Third Party Materials.
LCS makes no representations, warranties or guarantees as to the quality, accuracy, fitness for purpose, completeness, availability, currency or continuity of any of the materials available on the Website or any Third Party Materials, and we reserve all rights to correct any inaccuracies on this Website at any time without notice to you.
We do not represent, warrant or guarantee that the Sites or any Third Party Materials are free from computer viruses or any other defect or error which may affect your software or systems, and you should ensure that your computer is protected from any such viruses or defects through appropriate security systems. Any access by you to any Third Party Materials is subject to any terms and conditions found on the websites of those third parties.
To the maximum extent permitted by the law, LCS excludes:
- all liability for any and all direct, indirect, incidental, special or consequential loss, damage, cost and expense (including, without limitation, loss of revenue, goodwill, profit, damage to reputation, under or in relation to any other contract, data, use of data or anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person, in connection with, or in any way relating to the Sites, any content found on them or Third Party Materials;
- any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us.
Despite the above, if the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach is unable to be excluded, but can be limited, our liability for such breach is limited to, at our option:
- in the case of a supply of goods, replacing the goods, supplying equivalent goods, or having the goods repaired; or
- in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
Discontinuation and interference
We reserve the right to refuse access or discontinue service to any part of the Sites to any person or entity without obligation to assign a reason for doing so.
We may at any time change or discontinue any aspect or feature of the Sites.
We do not warrant that your access to or use of the Sites will be uninterrupted or error free or that the Sites or any material on or accessible through the Sites are free from errors, viruses, worms, trojan horses or other harmful components.
Intellectual Property
Except as otherwise stated, we own, or are licensed, and reserve all of our rights in, the copyright and other intellectual property rights in any content appearing on the Sites. You must not reproduce, distribute, adapt or transmit any content appearing on the Sites without our prior written consent.
LCS makes no warranties or representations that the Third Party Materials do not infringe the intellectual property rights of any third party.
There may be trade marks on the Sites or found on Third Party Materials which may be owned by LCS or by third parties. All trade marks mentioned on the Sites or on Third Party Materials may not be used or distributed without the consent of LCS or the relevant third party owner, as the case may be.
Your use of the Sites
In accessing and using the Sites, you must not post or transmit on any part of the Sites, including in the comments on the blog made available on the Website which:
- breaches any laws or regulations or are contrary to any relevant standard or codes;
- interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Sites;
- constitutes commercial advertising, the promotion of gambling or the promotion of another website;
- infringes anyone else’s copyright or other intellectual property rights;
- tampers with, hinders or modifies the Sites;
- knowingly transmits any viruses or other disabling features to the Sites.
By accessing the Sites, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your access or use of the Sites.
When providing us with information through the Sites, you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
Privacy
LCS has adopted a privacy policy which can be found on the Website and should be read in conjunction with these Terms of Use prior to accessing other content on the Sites. You can also obtain a copy of our privacy policy by contacting us and requesting a copy.
Applicable Law
These Terms of Use, and your use of the Sites generally, are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
Severability
If any term, provision, covenant, or condition of these Terms of Use is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
