TERMS & CONDITIONS
About the Website
- Welcome to www.symbolsforthesoul.com (the “Website”). The Website showcases Symbols for the Soul (the “Services and Products”’).
- The Website is operated by Symbols for the Soul. Access to and use of the Website, or any of its associated Products or Services, is provided by Symbols for the Soul. 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 the Services, immediately.
- Symbols for the Soul reserves the right to review and change of the Terms by updating this page at its sole discretion. When Symbols for the Soul 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.
Acceptance of the Terms
- 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 Symbols for the Soul in the user interface.
- Where the option is given to you, you may make payment for the Product (The Product Fee”) or Services (the ‘The Services Fee”) by way of:
- All payments made in the course of your use of the Products or Services are made using the online payment gateway provided. In using the Website, the Products or Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Product or Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any reason, then you are liable for any costs, including banking fees and charges, associated with the Product or Services Fee.
- You agree and acknowledge that Symbols for the Soul can vary the Product and Services Fee at any time.
- Symbols for the Soul will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the representative of Symbols for the Soul makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the “Refund”). Refunds or exchange will only be given on any product that is proven defective or damaged. Photo evidence required upon receipt of order.
Copyright and Intellectual Property
- The Website, the Services and all of the related products of Symbols for the Soul 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design, elements and interactive features) or the Services and Products are owned or controlled for these purposes, and are reserved by Symbols for the Soul and any other contributors.
- All trademark, service marks and trade names are owned, registered and/or licensed by Symbols for the Soul, and no right to use, copy, download or distribute any of the aforementioned is granted. All rights are expressly reserved by Symbols for the Soul.
- Symbols for the Soul retains all rights, title and interest in and to the Website and all related Services and Products. Nothing you do on or in relation to the Website will transfer any:
- Business name, trading name, domain name, trade mark, product design, patent, registered design or copyright, or
- A right to use or exploit a business name, trading name, domain name, trade mark or product design, or
- A thing, system or process that is subject of a patent, registered design, or copyright (or an adaption or modification of such a thing, system or process).
- Personal identity, including but not limited to name and background, of the proprietor of Symbols for the Soul, Deb Flanagan; to you.
You may not, without the prior written permission of Symbols for the Soul 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 Services or third party Services for any purpose, unless otherwise provided by these Terms.
- Nothing in the Terms limits or excludes any guarantees, warranties, representatives 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.
- Subject to this clause, and to the extent permitted by law:
- All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
- Symbols for the Soul 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, and the Services is at your own risk. Everything on the Website, and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Symbols for the Soul make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Symbols for the Soul) 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:
- 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;
- The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- Costs incurred as a result of you using the Website, the Services or any of the products of Symbols for the Soul; and you.
- The Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
- Symbols for the Soul’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Symbols for the Soul, its affiliates, employees, agents, contributors 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.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by Symbols for the Soul as set out below.
- If you want to terminate the Terms, you may do so by:
- Providing Symbols for the Soul with 21 days’ notice of your intention to terminate;
- Closing all accounts and paying all invoices for all of the services which you use, where Symbols for the Soul has made this option available to you;
- Your notice should be sent, in writing, to Symbols for the Soul via the “Contact Us” link on our homepage.
- Symbols for the Soul may at any time, terminate the Terms with you if:
- You have breached any provision of the Terms or intend to breach any provision;
- Symbols for the Soul is required to do so by law;
- The provision of the Services to you by Symbols for the Soul is, in the opinion of Symbols for the Soul, no longer commercially viable.
- Subject to local applicable laws, Symbols for the Soul reserves the right to discontinue or cancel your access at any time and suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the terms or any applicable law or if your conduct impacts Symbols for the Soul’s name or Deb Flanagan’s name violates the rights of those of another party.
- You agree to indemnify Symbols for the Soul, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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 in any way;
- Any direct or indirect consequences of you accessing, using or transacting on the Website, or attempts to do so; and/or
- Any breach of the Terms.
- 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 compiled with (except where urgent interlocutory relief is sought).
- NOTICE: A party to the Terms claiming 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.
- RESOLUTION: On receipt of that notice (‘Notice’) by that party, the parties to the Terms (‘Parties’) must:
- Within 21 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;
- If for any reason whatsoever, 21 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 South Queensland Dispute Resolution Centre;
- 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;
- The mediation will be held in Queensland, Australia.
- CONFIDENTIAL: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to every extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- TERMINATION OF MEDIATION: If 21 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 top terminate the mediation and the mediator must do so.
Venue and Jurisdiction
- The Services offered by Symbols for the Soul 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 Queensland, Australia.
- The Terms are governed by the laws of Queensland, 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 under and pursuant to the laws of Queensland, 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 assignors.
World Intellectual Property Organisation (WIPO) Provisions
- Where a dispute or breach or action of any sort arising involving an international party, then these provisions shall apply:
- Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules.
- The place of mediation shall be Brisbane, Australia.
- The language to be used in the mediation shall be English.
- If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 21 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules. Alternatively, if, before the expiration of the said period of 21 days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Expedited Arbitration Rules.
- The place of arbitration shall be Brisbane, Australia.
- The language to be used in the arbitral proceedings shall be English.
- The dispute, controversy or claim shall be decided in accordance with the law of Queensland, Australia.
Independent Legal Advice
- 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.
- 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.