TERMS OF USE

1. Terms of Use
(a) This Terms of Use is for the use of this website operated by Katie Elizabeth Sargent t/a Katie Sargent Design (ABN 70 520 574 881) (Katie Sargent Design), referred to as the Website.
(b) Access to the Website is conditional upon your acceptance, without alteration, of these Terms of Use.
(c) By accessing and browsing the Website, you accept, without limitation or qualification the:
(i) Terms of Use;
(ii) terms and conditions of Katie Sargent Design’s Privacy Policy; and
(iii) if relevant, the terms and conditions as contained in Katie Sargent Design’s client engagement agreements.

2. Use of material on the Website
(a) You may view the Website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for your personal, non-commercial use.
(b) Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance, of the content of this site is strictly prohibited.
(c) You may not modify or copy the layout of the Website and any computer software and code contained in the Website.
(d) The material provided on the Website is for personal use only and may not be: re-sold and/or redistributed in any material form; stored in any storage media; and/or re-transmitted in any media without the prior written consent of Katie Sargent Design.

3. Links to other Websites
(a) The Website may contain links to sites on the internet that are owned and operated by third parties and which are not under the control of Katie Sargent Design.
(b) Any links are provided as a convenience to you and the existence of a link to other sites does not imply an endorsement by Katie Sargent Design of the linked site.
(c) Katie Sargent Design is not responsible for the material contained on those linked sites.

4. Intellectual Property
(a) Katie Sargent Design reserves all intellectual property rights including, but not limited to, copyright in material and/or services provided by it.
(b) The copyright in the Website and its content is owned by Katie Sargent Design, its affiliates or by third parties who have licensed the materials to Katie Sargent Design or its affiliates.
(c) All trademarks mentioned on the Website belong to their respective owners.
(d) Subject to sub-clause (e) herein, Katie Sargent Design grants you, as a website user, a perpetual, non-transferable, royalty free, non-exclusive, worldwide, irrevocable licence to use and reproduce the Intellectual Property subsisting in any images, found on the Website, for the sole purpose of reproducing and sharing the images on social media platforms.
e) In the event you reproduce any Katie Sargent Design images, pursuant to sub-clause (d) herein, you must: (i) clearly and correctly attribute Katie Sargent Design as the author of the images and any designs related to the images; (ii) not attribute authorship of the images and any designs related to the images to a party other than Katie Sargent Design; (iii) not subject the images and designs related to the images to any derogatory treatment, as defined by the Copyright Act 1968 (Cth) and any other copyright law in Australia; and (iv) not infringe any other moral rights of Katie Sargent Design.

5. Disclaimer
(a) Katie Sargent Design is making the Website available for others to publish information without assuming a duty of care to users.
(b) Katie Sargent Design gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the World Wide Web.
(c) To the fullest extent permitted by law, Katie Sargent Design disclaims any and all warranties, express or implied, regarding: the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
(d) Katie Sargent Design will not be liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(ii) using or acquiring, or your inability to use or acquire
e) Notwithstanding that Katie Sargent Design has used its best endeavours to ensure that the information contained and accessed through the Website is correct and current at the time of publication, Katie Sargent Design does not accept responsibility for any error, omission or defect in this information and the Website is provided by Katie Sargent Design on an “as is” basis.
(f) To the fullest extent permissible by law Katie Sargent Design:
(i) does not make any representation, warranty or endorsement of any kind, express or implied as to the operation of the site or the information, content, materials or products on this site;
(ii) does not warrant that the functions of the Website will be uninterrupted or error free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and
(iii) does not warrant or make any representation regarding your access to, or the results of your access to, the Katie Sargent Design Website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
(g) Katie Sargent Design will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which are the consequence of you using or accessing or any inability to use or access the Website.

6. Limitation of Liability
Katie Sargent Design’s liability for breach of any warranty or condition in these Terms of Use, or for breach of any implied warranty or condition, is limited at the fullest extent permissible by law.

7. Alteration of Terms of Use
Katie Sargent Design reserves the right to change the terms of access, conditions and notices under which the Website is offered with or without notice to you and without giving any explanation or justification for such change.

8. Relevant Jurisdiction
(a) If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
(b) The Terms of Use are to be governed by and construed in accordance with the laws of Victoria, Australia.
(c) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms of Use.

9. Enquiries
For any enquiries, please send an email to katie@katiesargentdesign.com

Terms of Use last updated on 14 November 2016