Terms & Conditions

WEBSITE TERMS AND CONDITIONS

Welcome to Carolyn Quan Design [ABN 81586207433] and https://carolynquan.design/ our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement". If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.

YOUR OBLIGATIONS WHEN USING OUR WEBSITE

To provide correct information and comply with the law

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of NSW and Australia when you use our website, including, but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

To only make personal and non-commercial use of our Content

You agree that the copyright in all Content on our website is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing hello@carolynquan.design. All trademarks on our website belong to their respective owners.

To use third-party software, links etc at your risk

We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk, and you must direct any concerns regarding their products or services to them. We also provide access to third-party apps and software to enhance the functionality of our website. We have no control over those third-party apps and software and do not make any warranties in relation to them. You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.

WE MAKE NO WARRANTIES OR GUARANTEES

We cannot represent, warrant, or guarantee that:

our website will always be available, that your use will not be interrupted or that our website is free from viruses or secure; or
our Content is accurate, complete, and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at hello@carolynquan.design if you find any issues.

LIMITATION OF LIABILITY AND INDEMNITY

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its Content. We are not responsible for any Loss or Damage suffered in connection with your use of our website, its Content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

You indemnify us for any Claim arising out of or in connection with any third-party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

OTHER

This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Content means any content on our website, and could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Loss or Damage means any loss or damage including, but not limited to, any loss of

salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.

We, us, or our means Carolyn Quan t/as Carolyn Quan Design [ABN 81586207433] and includes any of our employees, agents, partners and contractors.

--------------------------------------------------------------------------------------------------------------------

ADDITIONAL TERMS OF SERVICE FOR CLIENTS

These Additional Terms of Service for Clients (“Terms”) apply to all clients, or all potential clients of Carolyn Quan Design [ABN 81586207433] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client of ours. If you do not agree, you cannot purchase any of our Prints online. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes.

BEFORE PURCHASE

Things you must do before purchasing Prints on our website

You must:

be 18 years old or have parental consent;
set up an account to enable your login to our website portal – we may review and verify all accounts and accept or decline account applications at our sole discretion;
provide complete and accurate information to us, and promptly inform us of any updates to your information.

Intellectual Property

Our Prints are digital prints and artwork files which you can download to have printed on textiles for various industries which could include, stationery, paper goods, fashion, accessories, homewares, wallpaper, print-on-demand products. We do not provide any physical samples.

All the Intellectual Property Rights in our Prints are owned by us.

Prints must not be:

reproduced, duplicated, copied, sold, re-sold or exploited on any print on demand website, or other print studio or similar website;
be used for artwork distribution, resale or further licensing;
be white/ private labelled or printed on fabric for purchase; or
shared on any social media channels before purchase. In the event you want to share any purchase on social media, you must tag us and also give us credit.

In particular, you must not use our Prints for any further commercial purposes without our prior written consent which is given or withheld at our sole discretion. Please contact us at hello@carolynquan.design to seek consent.

All use of the Prints is subject to acknowledgement of our Moral Rights. This includes, but is not limited to, the correct right to attribution of Carolyn Quan Design for all Prints.

Exclusive Prints

We grant you a non-transferable, royalty-free, perpetual, irrevocable licence to use our Prints on any end-product you indicate on your purchase order. The end-products may be sold direct to the consumer or wholesale under a single brand name only. Where you wish to use the Prints for more than one brand, you must seek our prior written consent.

Where you purchase an exclusive license to the Print we acknowledge and agree not to sell or otherwise permit the use of the Print by any other brands. We may however, publish the print on our social media and Website for advertising purposes and portfolio.

Acknowledgements you make when purchasing on our website

You acknowledge and agree that there may be:

occasional errors or omissions in Print descriptions, prices, fabric or print shipping charges, delivery times, availability and promotions;
colour differences, so that the colours and images of Prints we display may be different on your screen to the colours and images of the actual Prints;
technical problems downloading Prints, and there are inherent risks associated with downloading digital products (our Prints are provided in digital format via Adobe Illustrator or Adobe Photoshop format at 250 - 300 dpi), and
some sales that are limited to certain regions or groups of people

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Prints.

You further acknowledge and agree that we may place images of the end products and/or design process along with a link to your website or social media account on our website or social media platforms or promotional material.

AFTER PURCHASE

Things you must do after purchasing on our website

You must:

maintain the confidentiality of the login and password for your account;
not allow other people to use the Prints or your account;
not reproduce, duplicate, copy, sell, re-sell or exploit the Print in any way that is not expressly permitted;
contact us by email at hello@carolynquan.design if you have any issues with the Print and require a refund;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.

Things we’d love you to do after purchasing on our website

We’d love you to share your end-products on social media platforms, with a credit to Carolyn Quan Design and linked back our website or social media accounts.

We’d also love you to provide us with any testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at hello@carolynquan.design

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our website and store

Except as required by law, we may at any time, and without prior notice to you:

change and update information including shipping charges, delivery times, availability and promotions;
change prices or descriptions of our Prints;
change our range of Prints, or discontinue Prints and/or
cancel orders if information is inaccurate.

We comply with the Australian Consumer Law

Our 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 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.

Except as required by law we do not warrant the quality of the Prints or warrant that they will meet your expectations. We do not provide refunds for changes of mind, or where you fail to provide us with adequate information.

If we need to cancel your order, we will provide a refund

Except as required by law, all sales for our Prints are non-transferable and non-refundable. On occasion we may cancel an order for a Print where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution Print or refund. We have the right to refuse, limit or cancel any order for our Prints, or requests for accounts including, but not limited to, where an order appears to be by resellers without permission. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse to serve you and sell Prints at any time

We may refuse to provide Prints to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services and ban your purchase of any Prints. We can also change, suspend or stop providing Prints at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Prints, or stop any services.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Prints purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Prints, lost or stolen samples or prints during delivery, any late delivery, your reliance on any of our information, any unauthorised access to your account, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Print.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

the replacement of the Prints or the supply of equivalent Prints; or
the payment of the cost of replacing the Prints or of acquiring equivalent Prints.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Print you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.

Agreement means these Terms and all other terms and conditions and policies published or linked to on our website.

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

Moral Rights means any moral rights as defined under the Copyright Act 1968.

Prints means any Print available through our website, and includes any digital prints and artwork.

We, us, or our means Carolyn Quan Design [ABN 81586207433] and includes any of our employees, agents, partners, and contractors.

Website and services means https://carolynquan.design/ and everything available on this website including, but not limited to, all Prints and any services.