WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
(a) Welcome to https://kirstensivyer.com (the ‘Website’). The Website provides you
with an opportunity to browse and purchase various products that have been listed
for sale through the Website (the ‘Products’). The Website provides this service
by way of granting you access to the content on the Website (the ‘Purchase
(b) The Website is operated by Kirsten Sivyer. Access to and use of the Website, or
any of its associated Products or Services, is provided by Kirsten Sivyer. Please
read these terms and conditions (the ‘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.
(c) Kirsten Sivyer reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Kirsten Sivyer updates the Terms, it
will use reasonable endeavours to provide you with notice of updates to the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms for
- Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the
Terms by clicking to accept or agree to the Terms where this option is made
available to you by Kirsten Sivyer in the user interface.
- Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of the
Purchase Services, you may be required to provide personal information about
yourself (such as identification or contact details), including:
(b) You warrant that any information you give to Kirsten Sivyer in the course of
completing the registration process will always be accurate, correct and up to
(c) Once you have completed the registration process, you will be a registered
member of the Website (‘Member’) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Kirsten Sivyer; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.
- Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase
Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other person
may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Kirsten Sivyer
of any unauthorised use of your password or email address or any breach
of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Kirsten Sivyer
providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Kirsten Sivyer for any illegal or unauthorised use of the
(viii) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
- Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you
will agree to the payment of the purchase price listed on the Website for the
Product (the ‘Purchase Price’).
(b) Payment of the Purchase Price may be made through Stripe (the ‘Payment
Gateway Provider’). In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms and
by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by Kirsten Sivyer, you
will be issued with a receipt to confirm that the payment has been received and
Kirsten Sivyer may record your purchase details for future use.
(d) Kirsten Sivyer may, at their sole discretion, provide a refund on the return of the
Products within 7 days where the Product remains in a saleable condition. You acknowledge and
agree that you are liable for any postage and shipping costs associated with any refund pursuant to
(a) Kirsten Sivyer’s Products come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major
failure of the Product and compensation for any other reasonably foreseeable loss
or damage. You are also entitled to have the Products repaired or replaced if the
Products fail to be of acceptable quality and the failure does not amount to a major
failure (the ‘Warranty’).
(b) You may make a claim under this clause (the ‘Warranty Claim ‘) for material
defects and workmanship in the Products within 12 months from the date of purchase
(the ‘Warranty Period’).
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Kirsten Sivyer showing the date of purchase of the Products,
provide a description of the Products and the price paid for the Products by
sending written notice to Kirsten Sivyer at 31 Morgan Place, McKail, Western
Australia, 6330 or by email at email@example.com.
(d) Where the Warranty Claim is accepted then Kirsten Sivyer will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to you
for parts or labour. You acknowledge and agree that you will be solely liable for
any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by Kirsten Sivyer
and shall be the sole and exclusive remedy available to you in addition to other
rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected to
misuse, abnormal service or handling, or which has been altered or modified in
design or construction.
- Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Kirsten
Sivyer are subject to copyright. The material on the Website is protected by
copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the site content and
compilation of the website (including text, graphics, logos, button icons, video
images, audio clips and software) (the ‘Content’) are owned or controlled for
these purposes, and are reserved by Kirsten Sivyer or its contributors.
(b) Kirsten Sivyer retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Kirsten Sivyer; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Kirsten Sivyer 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.
(a) Kirsten Sivyer takes your privacy seriously and any information provided through
your use of the Website and/or the Purchase Services are subject to Kirsten
- General Disclaimer
(a) You acknowledge that Kirsten Sivyer does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other
than provided for pursuant to these Terms.
(b) Kirsten Sivyer will make every effort to ensure a Product is accurately depicted on
the Website, however, you acknowledge that sizes, colours and packaging may
differ from what is displayed on the Website.
(c) 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
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(ii) Kirsten Sivyer 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.
(e) Use of the Website, the Purchase Services, and any of the products of Kirsten
Sivyer , is at your own risk. Everything on the Website, the Purchase Services, and
the Products of Kirsten Sivyer, 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 Kirsten Sivyer make any express or implied representation or warranty about its
Content or any products or Purchase Services (including the products or Purchase
Services of Kirsten Sivyer) 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:
(i) 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
(ii) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(iv) the Content or operation in respect to links which are provided for the
(v) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
- Limitation of Liability
(a) Kirsten Sivyer’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 Kirsten Sivyer is the resupply of
information or Purchase Services to you.
(b) You expressly understand and agree that Kirsten Sivyer, 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
(c) Kirsten Sivyer 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 Kirsten Sivyer, by third parties or by any of the Purchase Services
offered by Kirsten Sivyer.
- Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Kirsten Sivyer
as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Kirsten Sivyer at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where Kirsten Sivyer has made this option available to you.
(c) Your notice should be sent, in writing, to Kirsten Sivyer via the ‘Contact’ link on
(d) Kirsten Sivyer may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
(ii) Kirsten Sivyer is required to do so by law;
(iii) the partner with whom Kirsten Sivyer offered the Purchase Services to you
has terminated its relationship with Kirsten Sivyer or ceased to offer the
Purchase Services to you;
(iv) Kirsten Sivyer is transitioning to no longer providing the Purchase Services
to Users in the country in which you are resident or from which you use the
(v) the provision of the Purchase Services to you by Kirsten Sivyer is, in the
opinion of Kirsten Sivyer, no longer commercially viable.
(e) Subject to local applicable laws, Kirsten Sivyer reserves the right to discontinue or
cancel your membership to the Website at any time and may suspend or deny, in
its sole discretion, your access to all or any portion of the Website or the Purchase
Services without notice if you breach any provision of the Terms or any applicable
law or if your conduct impacts Kirsten Sivyer’s name or reputation or violates the
rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Kirsten Sivyer have benefited from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and the provisions of
this clause shall continue to apply to such rights, obligations and liabilities
(a) You agree to indemnify Kirsten Sivyer, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(i) 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
(ii) 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
(iii) any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following
clauses have been complied with (except where urgent interlocutory relief is
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Arts Law Centre of Australia’s ADR
service or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(iv) The mediation will be held remotely (electronically) or in Albany WA, Australia.
All communications concerning negotiations made by the Parties arising out of and
Approved by in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
(e) Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
- Venue and Jurisdiction
(a) The Purchase Services offered by Kirsten Sivyer 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 Western Australia, Australia.
- Governing Law
(a) The Terms are governed by the laws of Western Australia, 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 Western Australia 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
(a) 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.
(a) 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.