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 – terms of service –

Julie Cowley Interiors – Terms of Service

Last updated: January 2019

 

  1. Application

Julie Cowley Interiors (ABN 26 743 786 459) (hereafter referred to as “Julie Cowley Interiors”) is the owner, operator and licensor of the website at http://www.juliecowleyinteriors.com.au (“Website”) and the interior decorating services, including those available on and through the Website (“Julie Cowley Interiors Service”). Your rights to use the Website and engage Julie Cowley Interiors’ Services (collectively the “Service”) are set out in these Terms of Service (“Terms of Service”) and our Privacy Policy at http://www.juliecowleyinteriors.com.au/privacy-policy (“Privacy Policy”).

Our Terms of Service and our Privacy Policy are collectively referred to as the Agreement (“Agreement”).

In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.

IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.  

If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.

Julie Cowley Interiors is a boutique interior decoration studio specializing in residential interiors in rural areas. At Julie Cowley Interiors we work closely with individuals to create functional, timeless and authentic spaces that families can enjoy for years to come.

 

  1. Ability to Accept Terms of Service

You must be at least 18 years of age or have authorisation to access the Service offered by Julie Cowley Interiors. If you have authorised a Child to use the Service, you are responsible for their conduct, and the consequences of any misuse.

In addition, you affirm that you have not been previously suspended or removed from the Service.

 

  1. Julie Cowley Interiors Service

The Agreement applies to all Clients and other users using the Service (“User”). Deviations from this Agreement are only binding if they are made in writing and signed by both parties. Information provided through the Service may contain links to third party websites that are not owned or controlled by Julie Cowley Interiors. Julie Cowley Interiors has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Julie Cowley Interiors will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that Julie Cowley Interiors shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.

 

  1. Julie Cowley Interiors Access

Subject to your compliance with these Terms of Service, Julie Cowley Interiors hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service.

 

  1. Privacy Policy

You should ensure that you read our Privacy Policy.

 We will process all Personal Data supplied by you according to our Privacy Policy.

Our Privacy Policy forms part of this Agreement. Accordingly, you must comply with your obligations in the Privacy Policy.

 

  1. Confidentiality

Julie Cowley Interiors will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

  1. as necessary to perform Julie Cowley Interiors’ function as an interior decoration service; or
  2. to Julie Cowley Interiors’ personnel and any service provider that Julie Cowley Interiors works with where necessary to operate the Service; or
  3. if the relevant person has given Julie Cowley Interiors permission to do so; or
  4. in accordance with our Privacy Policy; or
  5. if required or permitted by law.

As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.

 

  1. Indemnity

You agree to defend, indemnify and keep indemnified, Julie Cowley Interiors and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:

  1. breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy);
  2. violation of any Intellectual Property or other rights of a third party, or privacy right; or
  3. your access or use of the Service, and/ or Personal Data posted by you through or at the Service.

This Indemnity clause will survive this Agreement and your use of the Service.

 

  1. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of South Australia, and the parties submit to the exclusive jurisdiction of the South Australian courts for any matter arising under or relating to this Agreement.

 

  1. Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

 

  1. Amendments to this Agreement

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Julie Cowley Interiors will endeavour to post an announcement on the Website. Your use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must not use the Service.

 

  1. Transmission and Posting of Content

You, the User, are solely responsible for your conduct and any:

  1. data, text, files, information, images, graphics, photos, links and other content or materials (“Content“); and
  2. information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”) that you submit or post via the Website or Service.

 

  1. Disruption of and Modifications to the Website

Julie Cowley Interiors will take all reasonable steps to ensure that the Website functions as intended. However, you acknowledge that your access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.

To the extent permissible at law, Julie Cowley Interiors shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. Julie Cowley Interiors will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.

  1. Intellectual Property Rights

All of the information contained on this Website and designs provided through the Service is the intellectual property of Julie Cowley Interiors. All trade marks, logos or any other of its intellectual property rights are the exclusive property of Julie Cowley Interiors. You may not download, copy or print any of the pages of the Website except for your own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.

By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

 

  1. Website Accuracy

The information contained on this Website is given in good faith and Julie Cowley Interiors uses all reasonable efforts to ensure that it is accurate. However, Julie Cowley Interiors gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

 

  1. Use of Subcontractors

You agree that Julie Cowley Interiors may use third party vendors and hosting partners to provide the necessary supplies, hardware, software, networking, storage, billing and related technology required to run the Service and manage Personal Data.

 

  1. Prohibited Activities

In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:

  1. Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service;
  2. Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
  3. Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the Julie Cowley Interiors Website.
  4. Compromise the security of the Website service;
  5. Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
  6. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
  7. Impersonate any person or entity;
  8. Buy, sell or otherwise offer in exchange for any compensation, access to Julie Cowley Interiors Website and Services; and
  9. Develop any third party applications that interact with User Content, the Website or any other services without our prior written consent.

 

TERMS AND CONDITIONS APPLICABLE TO JULIE COWLEY INTERIORS SERVICES

  1. Services

 In addition to the other terms and conditions outlined in these Terms of Service, the below Terms and Conditions relate specifically to our 3 main services, which are:

 

A.  Phone a Friend

B.  E-decorating

C.  Interior Decoration

 

A.  Phone a Friend

Through this service, Clients have the ability to ask for advice on one small aspect of their interior decorating. Can’t find the perfect rug? Not sure what colour sofa to buy? Julie Cowley Interiors is here to help.

 Client Requirements: Client is required to send photographs and complete a questionnaire.

 Deliverables: Quote to solve the problem.

 

 B.  E-Decorating

 This service allows Clients to receive an online interior decoration solution. Clients send their through their information, such as measurements and photos and Julie Cowley Interiors provides a decoration solution, including mood board, selections board, shopping list and floor plan.

 Client Requirements: Client is required to take measurements of the Client’s space, take photographs and complete a questionnaire.

 Deliverables: Mood board, selections board, personalised shopping list and styling guide.

 

C.  Interior Decoration

 

This is a tailored service where a Julie Cowley Interior consultant will visit the Client’s home and assess the Client’s needs

 Client Requirements: Client is required to provide a time during working hours (or outside by arrangement) for a Julie Cowley Interiors consultant to visit the Client’s home.

 Deliverables: By agreement between Julie Cowley Interiors and the Client. It will depend on the Client’s choice of services.

 

 

  1. Revisions of Deliverables

 The Client must promptly review any deliverable provided by Julie Cowley Interiors.

 If the Client fails to respond within 15 days from receipt of the deliverable, the deliverable is deemed to be approved and accepted by the Client.

 If the Client requests revisions of the deliverables provided by Julie Cowley Interiors, Julie Cowley Interiors is entitled to request written clarification of any concern, objection or correction.

 Julie Cowley Interiors will revise the deliverables up to three times, as instructed by the Client, to the extent it is reasonable and possible to do so.

 The acceptance of revision requests exceeding three revisions will be at the sole discretion of Julie Cowley Interiors and will incur an additional fee quoted by Julie Cowley Interiors and will require additional time.

 

  1. Fee

 The Client shall pay to Julie Cowley Interiors the fee in consideration of the performance of the Services.

 Information on fees are available on the Website. Please contact Julie Cowley Interiors if you require a quote.

 The method of payment are dependent on the service required:

 

E-decoration

 Fees are to be paid upfront, over the website via our third party billing provider, Stripe.

 

Phone a friend

 Julie Cowley Interiors will provide the Client with an invoice based on the accepted quote. Payment of the invoice must be made prior to Julie Cowley Interiors commencing work.

 

Interior Decoration

 Julie Cowley Interiors will provide the Client with an invoice based on the accepted quote. 40% of the quoted fee is due prior to Julie Cowley Interiors commencing work and 60% is due after confirmation of completion by Julie Cowley Interiors.

 

  1. Limited Warranty

 Julie Cowley Interiors warrants that Services provided to Clients will be performed using reasonable skill and care consistent with generally accepted practices in the interior decoration industry.

 

  1. Client Responsibility

 It is the Client’s responsibility to make the final decision on designs and purchases and the Client assumes the responsibility for any errors that flow from these decision.

 

Potential errors include:

  1. Colour mistakes due to inherent differences between the appearance of colour on a screen and colour appearance in real life. Julie Cowley Interiors recommends the Client visit the showroom of a supplier before purchasing or requesting Julie Cowley Interiors purchase an item.
  2. Furniture unable to fit through entry points and doorways or within their desired location.

 

The Client acknowledges and agrees that the Client shall be responsible for providing the Client Requirements and other necessary feedback in a reasonable and timely manner and that Julie Cowley Interiors ability to perform the interior design service is contingent upon the Client’s performance. Any delays in the Client’s performance may limit the service or delay the delivery of services by Julie Cowley Interiors.

 

  1. Orders Place on Behalf of Client

 Julie Cowley Interiors may place purchase orders with suppliers on behalf of the Client. In placing the order Julie Cowley Interiors shall be deemed to be merely acting as agent for the Client. The contract for purchase exists between the Client and the supplier.

 The Client’s rights, including the right to return faulty, damaged or unwanted goods, are governed by the supplier’s terms and conditions.

 Please consider carefully before placing an order as Julie Cowley Interiors cannot guarantee a refund if you change your mind.

 

  1. Cancellation and Termination

Either party may immediately terminate the agreement for the provision of services by written notice to the other party.

If the agreement for the provision of services is terminated for any reason, Julie Cowley Interiors shall be entitled to payment of:

  1. part of the Fee for services performed up to and including the date of termination; and
  2. the cost of any goods ordered prior to termination, if the order cannot be cancelled.

 

  1. Questions and Comments

If you have any questions or comments about this Agreement, including our Terms of Service and Privacy Policy, please write to us at:

Julie Cowley Interiors

PO Box 142,

Pinnaroo SA 5304

Email: julie@juliecowleyinteriors.com.au

Please provide sufficient detail about the information in question to help us locate it.

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