Terms of Service

Terms and Conditions

Last updated: December 09, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation:

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company refers to the affiliate parties that work within DAZED designs.

Country refers to: Queensland, Australia Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to DAZED designs.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Goods refer to the items offered for sale on the Service.

Orders mean a request by You to purchase Goods from Us.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Terms and Conditions (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to DAZED designs, accessible from http://www.dazed-designs.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

· Goods availability

· Errors in the description or prices for Goods

· Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order. Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods unless given written permission by the company:

· The supply of Goods made to Your specifications or clearly personalized.

 · The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.

· The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

· The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

· The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

 The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any thirdparty web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: · By email: dazeddesigns19@gmail.com

ADDITIONAL TERMS OF SERVICE

This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective from the purchase date, between Natasha Williams of 23 Capricorn Drive, Burdell, QLD, 4818, AUSTRALIA (“ARTIST”) Sole Trader operating under DAZED Designs and Purchaser (CLIENT – determined by the email and IP address)

Scope of this Agreement:


This Agreement applies to any image, graphics, digital assets, or digital IMAGES created or taken by ARTIST and delivered to the CLIENT (collectively known as “IMAGES”, “ART” and where applicable “FONT”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.

Rights:


All IMAGES supplied by the ARTIST and rights relating to them, including copyright and ownership rights in the media in which the IMAGES are stored, remain the sole and exclusive property of the ARTIST. 

This license provides the CLIENT with the right to reproduce, publicly display, and distribute the IMAGES for business or personal use, including for unlimited viewings, and commercial purposes for an indefinite period, unless otherwise specified below. 

In the case of FONT use, the license depends on the open-source or creative commons license associated with the FONT file. This will be communicated in writing by the ARTIST to the CLIENT. 

In the case of any stock-IMAGES sourced, and paid for, by the ARTIST (found externally and manipulated by the ARTIST), the CLIENT must clarify with the ARTIST how many IMAGES may be reproduced, and in what manner, depending on the Standard License agreement of the 

Stock association, in most cases, Shutterstock, DepositPhotos, Envato Elements, Creative Market, Scopio, PNGtree, iStock, NeoStock, AND Adobe Stock. 

The ARTIST will communicate the printable amount to the CLIENT in writing if requested. 

The ARTIST may not resell original IMAGES at a later date, or use the IMAGES for commercial purposes without the express permission of the CLIENT. This excludes the use of all images and art created for the express use of advertising the ARTISTS business or self. 

No creations utilizing STOCK IMAGES can be resold as merchandise. Original ARTIST created IMAGES may be reproduced for merchandise purposes with express written consent – given as the ARTIST sees fit. The CLIENT must get prior written approval from the ARTIST before adjusting the IMAGES in any way (including the creation of print wraps), outside the normal bounds of adjustments – such as sizing. The ARTIST should be given full credit for the IMAGES when necessary, however, this is not imperative. In the case where the CLIENT has produced their own image, the ARTIST foregoes ALL responsibility for copyright infringements that may occur in relation to the supplied image.

Relationship of the Parties: 

The parties agree that ARTIST is an independent contractor and that neither ARTIST nor ARTISTS employees or contract personnel are, or shall be deemed to be, employees of the CLIENT. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as an agent or bind the other party except as expressly stated in this Agreement. ARTIST and the IMAGES or any other deliverables prepared by ARTIST shall not be deemed a work for hire as defined under Copyright Law. All rights granted to the CLIENT are contractual in nature and are expressly defined by this Agreement.

Creation: 

The manner and method of creating any Image are solely at the discretion of ARTIST, and the CLIENT has no right to control ARTISTS manner and method of performance under this Agreement. ARTIST will use his/her best efforts to (a) ensure that the IMAGES conform to CLIENTS specifications, and (b) submit all IMAGES to CLIENT in publishable quality, on or before the applicable deadlines.

Delivery: 

ARTIST may select the delivery of IMAGES/ART in JPEG, PDF, PNG, or another standard format at a resolution that ARTIST determines will be suitable for the IMAGES as licensed. The ARTIST has no obligation to retain or archive any IMAGES delivered to the CLIENT.

Fees: 

The IMAGES are to be paid for by the CLIENT via the agreed-upon method by the ARTIST as stated on the official invoice provided, by the due date provided on the invoice. PAYMENT PLANS are available. Once payment has been made, no further payments are necessary unless further adjustments are made and agreed upon by the CLIENT and ARTIST, in writing. A flat rate of $49 dollars an hour will be charged for additional adjustments or artwork outside the bounds of the original quote.

Payment plans for PREMADE covers:

Once the premade has been claimed officially, and an invoice has been sent by the ARTIST to the CLIENT, the CLIENT has 30 days to pay 30% of the total cost of the invoice, INCLUDING TAXES. After this is paid, the CLIENT has another 90 days to finalise payment. The initial 30% payment is non-refundable. If payment is not made within 30 days, the CLIENT loses the right to all IMAGES and the IMAGES may be resold.

Payment Plans for CUSTOM orders:

For a new CLIENT, 30% of the total must be paid before work on the custom order commences. After the work is accepted, the remaining 70% must be paid withing 90 days. If payment is not made prior to the initial appointment, the CLIENT will waive the right to their appointment and a rebooking fee may apply for future bookings. If payment of the remaining 70% is not made within 90 days, the CLIENT loses the right to all IMAGES and the IMAGES may be resold.

For an existing CLIENT, 30% of the total invoice must be paid within 30 days, with the remaining 70% being paid for over the next 90 days. If payment is not made within 30 or 90 days respectfully, the CLIENT loses the right to all IMAGES and the IMAGES may be resold.

No Exclusivity: 

This Agreement does not create an exclusive relationship between the parties. The CLIENT is free to engage others to perform services of the same or similar nature to those provided by ARTIST, and ARTIST shall be entitled to offer and provide services to others, solicit other clients and otherwise, advertise the services offered by ARTIST.

Transfer and Assignment: 

The CLIENT may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties.

Waiver: 

No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.

By purchasing this product you agree to these terms. If there are any issues, please contact DAZED designs as soon as possible.