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Terms and Conditions

Magick Temple | Website Terms and Conditions of Use


These terms and conditions of use (Terms) apply to your use of
our wesbite which can be found at www.magicktemple.com.au/
(Website). These Terms should be read in conjunction with the
online shop terms and conditions that govern the order, purchase
and delivery of products from our Website, which are available at

 


(Online Shop Terms)
By accessing or using the Website, you acknowledge that you
have read, understood and agree to be bound by these Terms. If
you do not agree to be bound by these Terms, you must not use
the Website. We may amend these Terms from time to time, without providing notice to you, by posting an updated version of these Terms onthe Website. Any amendments will be effective immediately upon
being posted. You should regularly check these Terms for any
amendments. If these Terms are amended, you must follow the
updated Terms. By continuing to use the Website, you agree to
be bound by the updated Terms. If you do not agree to be bound
by the updated Terms, you must stop using the Website.


YOU SHOULD BE AWARE OF SEVERAL KEY TERMS


In this summary we outline some of the key terms that apply to
you. This summary is designed to assist you by disclosing
certain terms that affect you. However it is not a substitute for
reading and understanding these Terms, and it is not intended
to substitute, expand or amend these Terms. Please contact
us if you have any questions.


Limitations of our liability
Our liability to you and certain third parties is limited under
these Terms (to the extent permitted by law including the
Australian Consumer Law) and our liability for certain types of
Loss is excluded. These limitations and exclusions of liability
generally apply to any Loss suffered by you in connection with
your use of the Website, except where the Australian
Consumer Law prohibits us from limiting or excluding our
liability.


Your liability and warranties
Your access to, and use of, the Website is at your own risk.
Among your other obligations under these Terms, you will be
responsible and liable for: (a) use of the Website by any
person who has access to your login details and password;
](b) internet access, data download and other network charges
arising from your use of the Website; and (c) the operation,
maintenance and security of your Device.


Terminated or blocked access to the Website
We may decide to block your access to the Website (which we
may do, for example, for security reasons). We may request
that you cease any conduct which is contrary to these Terms
and it is your obligation to comply immediately with these
requests.


Suspended access and modifications to the Website
We reserve the right to: (a) suspend your use of, or withdraw,
the Website and/or any of its features or components; and (b)
add to, amend, remove, or disable access to, any part of the
Website and/or any of its features or components, in each
case at any time and for any reason, without notice to you.
Personal information and marketing


We may use and disclose your personal information to enable
us to make the Website available to you, and improve the user
experience in relation to the Website.


In these Terms, unless the context otherwise requires:
(a) Australian Consumer Law has the meaning given in
the Competition and Consumer Act 2010 (Cth), as
amended, replaced or superseded from time to time;
(b) Artworks means any artwork, digital art or painting
displayed on the Website from time to time;
(c) Consumer has the meaning given in the Australian
Consumer Law;
(d) Device means your own internet-enabled device that is
compatible with the Website and has a current and
working internet connection;
(e) Loss means all liabilities, losses, damages, costs and
expenses (including legal costs and expenses,
regardless of whether incurred or awarded) arising in
contract, tort (including negligence) or otherwise;
(f) Online Shop Terms has the meaning given in the
'Preamble' section above;
(g) Terms has the meaning given in the 'Preamble' section
above;
(h) We, us, our or Magick Temple means Lisa Jae Winter
t/as Magick Temple ABN 49 173 895 575; and
(i) Website has the meaning given in the 'Preamble'
section above.
Licence
All copyright and other intellectual property rights in the Website
(including all trade marks and Artworks appearing on the Website)
are owned by us and/or our licensors.
We grant you a revocable, non-transferable, non-exclusive,
royalty-free, personal licence to use the Website on your Device
for your own purposes, and to download and print out a copy of
the information available from the Website for your own personal
use.


You must not (and must not attempt to):
(a) except as expressly permitted by the above licence, use
or copy or reproduce any part of the Website or
Artworks without our prior written consent;
(j) distribute, translate, modify or tamper with, any part of
the Website or Artworks;
(k) create derivative works of, or from any part of, the
Website or Artworks;
(l) sell, rent, lease, sub-license, assign, exchange or
otherwise transfer your rights under these Terms; or
(m) permit or assist any person to engage in any act
described in paragraphs (a) to (d) above.


User Account
You may create an account with us to access and use the
Website (User Account). In order to create a User Account, you
must be at least 18 years old or, if under the age of 18 years old,
you must be under the supervision of a parent or legal guardian
who is at least 18 years old.

Magick Temple – Website Terms & Conditions

Magick Temple | Website Terms and Conditions of Use

ME_211797182_4
If you create a User Account, you must:
(a) provide us with accurate and current personal
information, including your name, address and a valid
email address;
(n) obtain or register login details and password as required
by us, and use them in the manner we direct from time
to time in order to access and use the Website;
(o) keep your login details and password for the Website
confidential, and not share them with any person, or
allow any other person to use the Website using your
login details or password; and
(p) promptly notify us by email to [insert email address] if:
[Note to Lisa: Please provide this email address.]
(i) there is any change to any of the contact or
other details you register with us; or
(ii) you have reasons to believe that another
person is aware of your password for the
Website - in which case, you must immediately
take steps to re-secure your User Account
(including by changing your password).


We may decline to provide you login details or a password, or to
permit you to register login details or a password, for the Website
in our sole discretion. If another person uses your login details or password for theWebsite, you are responsible and liable for the use that personmakes of the Website with your login details or password, as ifthat use of the Website was by you.


Use of the Website
You must procure your own internet access and Device in order
to access and use the Website. You are responsible for all
internet access, data downloads and other network charges
arising from your use of the Website and you agree that we have
no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your
Device and for ensuring that the Website is accessible from your
Device. This includes installing a compatible operating system (if
applicable) for accessing and using the Website on your Device.
You must not use (or attempt to use) the Website:
(a) for any unlawful or dishonest activity, or any activity
prohibited by these Terms;
(q) to access, transmit, publish or communicate material
which:
(i) is false, inaccurate, misleading, defamatory,
offensive, inflammatory, obscene, unsuitable
for minors, abusive, indecent, threatening, or
otherwise unlawful;
(ii) is xenophobic, racist, abusive, harassing or
hateful;
(iii) is invasive of a person’s privacy or constitutes
personal abuse directed at other users;
(iv) is unsolicited or constitutes spam, commercial
advertising, the promotion of gambling or the
promotion of your own site, business or
organisation;
(v) contains a virus or other harmful code;

(vi) infringes a person's copyright or other rights
(including any other intellectual property
rights); or
(vii) contains links to other sites that contain or
promote the material identified in paragraphs
(i) to (vi) above;

(r) to obtain unauthorised access to (or damage, disrupt or
interfere with the operation of) any computer, system,
application, network or service;
(s) in any way that may bring negative exposure or harm to
us, our suppliers or other users of the Website
(including by linking the Website or any part of it in a
way that damages or takes advantage of any person's
reputation such as:
(i) by implying or suggesting that you have any
kind of association or affiliation with that
person, or approval and endorsement from
that person when there is none; or
(ii) in a way that is illegal or unfair); or
(t) in any way that may cause us, our suppliers or other
users of the Website to incur liability to a third party.
In addition, you must not do (or attempt to do) any of the
following:
(a) use data mining, robots, screen scraping or similar data
gathering and/or extraction tools on the Website; or
(u) interfere with the security-related features of the
Website.


We may ask you to cease any conduct which we believe is
contrary to these Terms, and you must immediately comply with
any such request. We may at any time terminate and block your
access to the Website or the services provided by the Website for
any reason, in our discretion. In addition, we may refer
fraudulent, abusive or illegal activity to the relevant authorities.


Performance of the Website
We will use reasonable endeavours to make the Website
available during our normal business hours. However, the
availability of the Website depends on various third party
suppliers, and accordingly, we do not warrant or guarantee that:
(a) you will be able to use the Website at any time;
(v) your use of the Website will be continuous,
uninterrupted, secure or error-free; or
(w) any defect will be corrected.
You agree that the Website may not be available for use from
time to time, and that you may be disconnected from your use of
the Website at any time for any reason, including if:
(a) any network connection difficulties occur;
(x) the systems providing those services are unavailable for
any reason (including so that maintenance can be
performed);
(y) you breach any of these Terms; or
(z) we decide to terminate your access to those services for
any reason.


We make no guarantee as to the reliability or performance of the
Website. The performance of the Website depends on various
factors, including the functions, capacity and configuration of your
Device, the speed of your internet connection, and the number of
users accessing the Website and the systems that support it.
The information available through the Website (including the
description of, or information relating to, any Artwork) is subject to
updates from time to time (including because some of that
information is based on material provided by third parties) and,
while we aim to ensure that it is up-to-date, there may be delays,
errors or omissions that could affect its currency or accuracy.
Accordingly, we cannot and do not warrant or guarantee that the
information you obtain through the Website is or will be current,
complete or accurate at all times. You agree that you will make
your own enquiries to determine whether the information you
obtain through the Website is current, complete and accurate
before using or otherwise relying on it. Subject to the 'Consumer Guarantees' section below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with thisparagraph.


Security
In order to access and use the Website and its features as
intended, you must:
(a) enable the Website to use cookies; and [Note to Lisa:
Please let us know if the Website does not use
cookies.]
(aa) grant the Website any other permissions and access to
your Device that it requires from time to time.
If you do not grant these permissions and this access, you may
be unable to use the Website or some of its features.


The Website uses the internet to provide services and
information. By using the Website, you agree to accept all risks
associated with using the internet, including the potential
exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Website. You
are solely responsible for the security of your Device (including
any data stored on that Device) and for using appropriate and up-
to-date software on your Device to detect and manage the threat
posed by viruses and other harmful code.


Consumer Guarantees
Under the Australian Consumer Law (and other similar legislation
of Australian states and territories), certain statutory guarantees
are conferred in relation to the supply of goods or services to a
Consumer (Consumer Guarantees). Where you, as a Consumer, acquire goods or services through your use of the Website and those goods or services:
(a) are of a kind ordinarily acquired for personal, domestic
or household use or consumption (PDH Goods or
Services), the operation of the Consumer Guarantees
cannot be, and are not in these Terms, excluded,
restricted or modified; or
(bb) are not PDH Goods or Services, we limit our liability for
a failure to comply with any Consumer Guarantee (other
than where to do so would otherwise cause all or part of
this clause to be void) to, at our option:
(i) in the case of goods, repairing or replacing the
goods or paying the cost of having those
goods repaired or replaced; and
(ii) in the case of services, re-supplying the
services or paying the cost of having the
services re-supplied,and we do not exclude or limit the operation of the ConsumerGuarantees under any other provision of these Terms or in anyother manner and you agree it is fair and reasonable in all thecircumstances for our liability to be so limited.


Liability
Your access to, and use of, the Website is at your own risk.
To the extent permitted by law and subject to the 'Consumer
Guarantees' section above:
(a) we exclude from these Terms all representations,
guarantees, conditions, warranties, rights, remedies,
liabilities and other terms that may be conferred or
implied by statute, general law or custom (except any
guarantee or right conferred under any legislation
(including the Australian Consumer Law), the exclusion
of which would contravene legislation or cause part or
all of this clause to be void); and
(cc) we disclaim all liability (including any indirect, special,
incidental, consequential, punitive or exemplary damage
or Loss) suffered or incurred by you or any third party,
whether directly or indirectly, by reason of any use of
the Website.
You indemnify us and our employees, officers, contractors and
agents (together the Indemnified Parties), against any Loss
suffered or incurred by the Indemnified Parties in connection with
any claim made by a third party due to or arising out of your
breach of:
(a) these Terms;
(b) any applicable law; or
(c) the rights (including intellectual property rights) of any
person.
Privacy
We may collect, use, store, disclose and otherwise handle your
personal information in accordance with these Terms and
applicable legislation.
If you use the Website, the information that we may collect
includes:
(a) the type of operating system and/or other software or
firmware used by your Device;
(d) the data you send and receive using the Website, and
the type and quantity of that data;
(e) the dates and times at which you use the Website; and
(f) the IP and MAC address of your Device.
If you create a User Account, the information we may collect
includes your:
(a) name; and
(a) email address.
You represent and warrant to us that the personal information you
provide to us is complete and accurate.
[Note to Lisa: Does Magick Temple collect the above, or any
other types of personal information, when individuals use the
Website? [OPTION If the Website also sells products which
are subject to separate terms and conditions~This does not
include any data that is provided by customers when
purchasing products (eg their name and postal address to
delivery services), as this is covered in the Online Shop
Terms.]
We may use your personal information for the purposes of:
(a) sending you marketing communications and information
about our products and services;

Magick Temple – Website Terms & Conditions

Magick Temple | Website Terms and Conditions of Use

ME_211797182_4
(b) making the Website or certain features of the Website
available to you; and
(c) improving the user experience in relation to the Website.
[Note to Lisa: Does Magick Temple disclose any data that is
provided by customers when using the Website to any third
parties?]
Marketing
[Note to Lisa: Does Magick Temple send any marketing
communications to its users? If so, we recommend using a
tick-box functionality which requires customers to tick a box
to confirm that they consent to receiving marketing
communications.]
If you create a User Account and opt-in to receiving marketing
communications and information about our products and services,
we may send you such communications and information. These
communications may be sent in various forms, including mail,
SMS, fax, email or other electronic means. You consent to us
sending you direct marketing communications. If you indicate a
preference for a method of communication, we will endeavour to
use that method whenever practical to do so. Your consent is
provided for an indefinite period of time, however at any time you
may opt-out of receiving marketing communications from us by
using the opt-out facilities provided in the marketing
communications. If you opt-out of receiving marketing
communications, we will ensure that your name is removed from
our mailing list.
Third party links
The Website may contain links to other websites over which we
have no control. Those links are provided for your convenience
only, and we are not responsible for their use, effect or content.
We make no representations or warranties as to, and accept no
responsibility for, the accuracy of information on those websites,
nor do we endorse any information, opinions, goods or services
referred to on them.
Suspension, withdrawal of or changes to the Website
We reserve the right to:
(a) suspend your use of, or withdraw, the Website and/or
any of its features or components; and
(dd) add to, amend, remove, or disable access to, any part of
the Website and/or any of its features or components,
in each case at any time and for any reason, without notice to
you.
If requested by us, you must immediately:
(a) stop using or accessing the Website; and
(ee) destroy, expunge, disable or restrict access to any
information from the Website that you have printed or
downloaded, and any information derived or generated
from that information.
Miscellaneous
(a) No waiver – We do not waive a right, power or remedy
in connection with these Terms if we fail to exercise or
delay in exercising the right, power or remedy. A right,
power or remedy is only waived by us if it is in writing
and signed by us.
(ff) Governing law – These Terms are governed by the
laws of New South Wales, Australia. You submit to the
exclusive jurisdiction of the courts of New South Wales,
Australia and the courts having appeal from them.
(gg) Severability – If any part of these Terms is found to be
void, invalid, unlawful or unenforceable, that provision is

deemed to be ineffective only to the extent of the
prohibition, invalidity or unenforceability without
invalidating the remaining provisions. The remaining
terms remain in force and constitute a binding
agreement between you and us.
(hh) Relationship between the parties – Nothing in these
Terms constitutes the parties as partners or joint
venturers or agents for the other party or give rise to any
other form of fiduciary relationship between the parties.
(ii) Entire agreement – These Terms and any other
additional terms which may be applicable at different
stages of usage of the Website (including, if applicable,
the Online Shop Terms), contain the entire agreement
between the parties about its subject matter. Any
previous understanding, agreement, representation or
warranty relating to that subject matter is deemed
superseded by these Terms and has no further effect.
(jj) Force majeure – To the extent permitted by law, we will
not be liable to you for any failure to fulfil, or delay in
fulfilling, our obligations caused by circumstances
outside of our reasonable control.
(kk) Dispute resolution – If you have any issue arising out
of these Terms or in relation to the Website, you must
notify us in writing and use reasonable endeavours to
resolve the matter through discussions or
correspondence with us before commencing any court
or tribunal proceedings.
(ll) Notices – Notices to be given to either party must be in
writing, and in our case must be delivered to us by email
or at our registered office.

 

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