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WEBSITE TERMS AND CONDITIONS OF USE

  1. 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
    Services’).
    (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
    your records.
  2. 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.
  3. 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
    date.
    (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.
  4. 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
    Website; and
    (viii) you acknowledge and agree that any automated use of the Website or its
    Purchase Services is prohibited.
  5. 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
    Conditions of Use, Privacy Policy and other relevant legal documentation provided
    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
    this clause.
  6. Warranty
    (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 hello@kirstensivyer.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.
  7. 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.
  8. Privacy
    (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
    Sivyer’s Privacy Policy, which is available on the Website.
  9. 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
    excluded.
    (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
    to records;
    (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
    User’s convenience;
    (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.
  10. 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
    intangible loss.
    (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.
  11. 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
    our homepage.
    (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
    provision;
    (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
    service; or
    (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
    indefinitely.
  12. Indemnity
    (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
    Website;
    (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.
  13. Dispute Resolution
    (a) Compulsory:
    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
    sought).
    (b) Notice:
    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.
    (c) Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
    (‘Parties’) must:
    (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
    mutually agree;
    (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.
    (d) Confidential:
    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.
  14. 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.
  15. 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.
  16. 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.
  17. Severance
    (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.


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