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TERMS OF SERVICE

Thank you for visiting Mel Mar Design.com.au (“Mel Mar Design”). This agreement (“Agreement”) governs your use of this website (“Site”, and together with the services provided through the Site, the “Service”). If you are not satisfied with the terms contained in this Agreement, you may simply refrain from using this Site or the Service.

The following terminology applies to these Terms and Conditions: “We”, “us” and “our” refer to Mel Mar Design. “User”, “you” and “your” refers to you, the user, or site visitor. “Designer” refers to designer users of Mel Mar Design. “Terms” refers to these Terms and Conditions. “Content” refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.

By using the Site, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including Australia export and re-export control laws and regulations.

It is your responsibility to review these Terms periodically. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact us. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site.

YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR THE SERVICE YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to The Mel Mar Design Privacy Policy which is incorporated by reference into this Agreement and which may also be revised at any time without notice to you.

USE OF THE SITE

Subject to the Terms, Mel Mar Design hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sub licensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by Mel Mar Design in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Mel Mar Design in advance and in writing. Mel Mar Design reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Mel Mar Design believes that client conduct violates applicable law or is harmful to Mel Mar Design's interests.

Mel Mar Design may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the Terms, and Mel Mar Design has no obligation to investigate the authorisation or source of any such access or use of the Site.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORISED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Mel Mar Design of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security.

By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Mel Mar Design will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by contacting us.

USER SUBMISSIONS

The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, Mel Mar Design does not guarantee any confidentiality with respect to any such submissions.

By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content, including photographs, on or through the Site, you hereby grant Mel Mar Design a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and Mel Mar Design's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site or Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to Mel Mar Design does not affect your other ownership or license rights in your User Submission(s).

You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

You shall not submit any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.

You shall not (a) send or otherwise post unauthorised commercial communications (such as spam) on the Site or through the Service, (b) engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site or through the Service; (c) solicit login information or User IDs or access an account belonging to someone else; (d) Imply or state that any statements you make are endorsed by Mel Mar Design, without the prior written consent of Mel Mar Design or (e) facilitate or encourage any violations of these Terms.

Content provided on this site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of Mel Mar Design. Product representations expressed on this Site are not made by Mel Mar Design.

You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that Mel Mar Design has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release Mel Mar Design and its officers, directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.

Mel Mar Design reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Mel Mar Design also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Mel Mar Design assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.

REGISTRATION

In order to enjoy all the benefits of Mel Mar Design, you must register. Registration is easy, and there is no purchase or commitment to register. Simply fill out and submit the form on our homepage. Please note, however, that signing up for an initial consultation does not guarantee that we will be able to provide one for you. All information that you provide to register with Mel Mar Design is subject to our Privacy Policy.

As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Site; or (ii) allowing Mel Mar Design to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Mel Mar Design and/or grant Mel Mar Design access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Mel Mar Design to pay any fees or making Mel Mar Design subject to any usage limitations imposed by such Third Party Accounts. By granting Mel Mar Design access to any Third Party Accounts, you understand that (i) Mel Mar Design may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Site via your account, including without limitation any friend lists, and (ii) Mel Mar Design may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or Mel Mar Design's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Service.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Mel Mar Design makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Mel Mar Design is not responsible for any SNS Content. You acknowledge and agree that Mel Mar Design may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Site.

The Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Designers for employment, contracting, or any other purpose not related to the Service facilitated through Mel Mar Design, except as provided for in this Agreement.

You may not use the Service to collect usernames and/or email addresses of Users or Designers by electronic or other means without the express prior written consent of Mel Mar Design.

BILLING AND PAYMENT POLICY

For all purchases and payments, fees or expenses associated with the Design Services, unless User uses a Gift Card as described below, Mel Mar Design will charge User’s payment card according to the amount agreed upon between User and Mel Mar Design, and User hereby authorises Mel Mar Design, or its third-party payment processors, to charge its payment card for such amounts. Mel Mar Design retains the right, in its sole discretion, to place a hold on any payment for completed Design Services.

Mel Mar Design has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Mel Mar Design, in each case at Mel Mar Design's sole discretion.

Users may share relevant payment card information through the Site in order to purchase Design Services. We use a third-party payment processor to manage and process payments you make through the Service. The actual payment will not be completed until a third party payment processor processes a Users’ payment. Delay is possible. The third party payment processor shall store relevant payment information until directed to complete the transaction.

By using the Site, you expressly authorise (i) the third-party payment processor to collect your payment information and access your transactions on the payment processor platform; (ii) the payment processor to exchange and process merchant data and your data with the third-party payment processor; and (iii) the third-party payment processor to exchange and process merchant and your data worldwide, internally or through a third party service provider, in each case as necessary to enable us to provide the Design Services.

NO PURCHASE COMMITMENT

As a User of Mel Mar Design, you may be able to choose from a customised selection of products and interiors that fits your look and style and meet with Designers. However, you are not obligated to purchase any of the Design Services offered under the Service or continue to purchase any additional Design Services.

When you register for the Service, you agree to receive emails, newsletters and other communications, including promoting any special offer(s), including third party offers.

TAXES

User will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Mel Mar Design's income).

GIFT CARDS

Mel Mar Design gift cards (“Gift Cards”) can be used to pay for purchases and payments, fees or expenses associated with the Service. Gift Cards are not replaceable if lost or stolen and expiry within 12 months of purchase.

We’ll verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you a cheque for the exact amount in the envelope provided. If your Gift Card balance is equal to or greater than the cap, or we can’t verify your residency, we’ll return your Gift Card in the envelope provided. Mel Mar Design will be unable to redeem or return your Gift Card without a self-addressed envelope and is not responsible for mail that doesn’t arrive at the address provided. A Gift Card cannot be combined with any other Gift Cards, gift certificates or other coupons. A Gift Card cannot be used as a credit or debit card. Mel Mar Design reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorised means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Mel Mar Design reserves the right to correct the balance of a Gift Card if Mel Mar Design believes that a billing error has occurred. Mel Mar Design disclaims all liability for any such billing errors. Gift Cards and their use are subject to these Terms and the Privacy Policy and use of a Gift Card constitutes acceptance hereof.

INTERNATIONAL ACCESS

This Site may be accessed from countries other than Australia. This Site may contain products or references to products that are not available outside of Australia. Any such references do not imply that such products will be made available outside Australia. If you access and use this Site outside Australia you are responsible for complying with your local laws and regulations.

CANCELLATIONS

You are free to cancel your account any time by contacting us.

We may terminate your account, without notice, for conduct that we believe violates this Agreement or our policies, is harmful to other Users or our business interests, or for an inactive account. If Mel Mar Design terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Mel Mar Design reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

All sections which by their nature should survive the cancellation of your account shall continue in full force and effect subsequent to and notwithstanding the cancellation of your account. For example, if you have unpaid fees or expenses for Design Services, products, or anything related to the Service at the time of your account cancellation, you are responsible for paying those fees and expenses.

CONFIDENTIAL INFORMATION

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Mel Mar Design and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorised employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Mel Mar Design in writing of any circumstances which may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Mel Mar Design upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Mel Mar Design's trade secrets, confidential and proprietary information and all other information and data of Mel Mar Design that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT MEL MAR DESIGN IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD MEL MAR DESIGN, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR DESIGNER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MEL MAR DESIGN OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY MEL MAR DESIGN ON AN “AS IS” BASIS. MEL MAR DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MEL MAR DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. MEL MAR DESIGN DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEL MAR DESIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR MEL MAR DESIGN SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MEL MAR DESIGN OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO MEL MAR DESIGN DURING THE MONTH PRIOR TO THE TIME SUCH CLAIM AROSE.

MEL MAR DESIGN DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless Mel Mar Design, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with your use or inability to use the Service. Mel Mar Design reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Mel Mar Design.

DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Mel Mar Design agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Mel Mar Design. Mel Mar Design's address for such notices is National Head Office – Mel Mar Design, PO Box Swansea, NSW 2281. Attention: Legal.

BINDING ARBITRATION. If you and Mel Mar Design are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the Australian Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $1,000, Mel Mar Design will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Mel Mar Design may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Newcastle, Australia with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Mel Mar Design agree that any arbitration will be limited to the Dispute between Mel Mar Design and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MEL MAR DESIGN ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mel Mar Design otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.

LOCATION OF ARBITRATION. Arbitration will take place in Newcastle, Australia. You and Mel Mar Design agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Magistrate and Federal courts located in Newcastle, Australia have exclusive jurisdiction and you and Mel Mar Design agree to submit to the personal jurisdiction of such courts.

SPECIAL PROMOTIONS

Mel Mar Design may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Mel Mar Design, and can be activated, modified or removed at anytime by Mel Mar Design without advance notification and the liability of any of The Mel Mar Design’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to the Disclaimer and Limitation of Liability section of these Terms.

INTELLECTUAL PROPERTY RIGHTS

This Site is owned and operated by Mel Mar Design. All right, title and interest in and to the Content provided on this Site are owned either by Mel Mar Design or by our respective third party authors, developers or vendors (“Third Party Providers”), excluding User Generated Content that Mel Mar Design has the right to use. Except as otherwise expressly provided by Mel Mar Design, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Mel Mar Design intellectual property rights, whether by estoppel, implication or otherwise. You must contact us if you have any questions about obtaining such licenses. Mel Mar Design does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by Mel Mar Design. Any rights not expressly granted herein are reserved by Mel Mar Design.

Mel Mar Design owns or has the right to use all Content, as well as the coordination, selection, arrangement and enhancement of such Content as a Collective Work under the Australia Copyright Act, as amended. The Content is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service other than as provided herein without Mel Mar Design's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Content, other than as permitted therein, is expressly prohibited without the prior permission of Mel Mar Design and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Mel Mar Design, including without limitation Mel Mar Design, the Mel Mar Design logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Mel Mar Design. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

COPYRIGHT COMPLAINTS

All Site design, text, graphics, the selection and arrangement thereof, are Copyright © 2022, Mel Mar Design. ALL RIGHTS RESERVED.

Mel Mar Design respects the intellectual property of others, and expects Users and Designers to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Mel Mar Design's Copyright Agent at: studio@melmardesign.com.au

  • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow Mel Mar Design to locate the material, and explain why you think an infringement has taken place;

  • A description of the location where the original or an authorised copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and

  • An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Mel Mar Design shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Mel Mar Design shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mel Mar Design shall issue a credit to your credit card account in the amount of the charge.

REMEDIES

You agree that Mel Mar Design's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Mel Mar design shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Mel Mar Design may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of Mel Mar Design shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by Mel Mar Design of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

LINKS TO THIRD PARTY SITES

This Site may contain links to websites controlled by parties other than Mel Mar Design (each a “Third Party Site”). Mel Mar Design may work with certain partners and affiliates whose sites are linked with Mel Mar Design. Mel Mar Design is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Mel Mar Design makes no guarantees about the content or quality of the products or services provided by such sites. Mel Mar Design is not responsible for webcasting or any other form of transmission received from any Third Party Site. Mel Mar Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mel Mar Design of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Mel Mar Design is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

ADDITIONAL TERMS

By continuing your account, you accept and agree to the terms of this Agreement and any changes made by us to it. If you do not wish to be bound by this Agreement, please see above for how to cancel your account. Your edits or changes to either the online or offline versions of this Agreement or an account offer will not be effective, regardless of form.

You must provide and keep us up to date with accurate User information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Mel Mar Design Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

Updated June 2022.

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