McMillan Design – Website Terms and Conditions of Use

 

1.     About the Website

1.1    Welcome to mcmillandesign.com.au (Website). The Website provides an opportunity to browse the site and McMillan Design’s content and services, as well as make bookings for discovery calls (Services).

1.2    The Website is operated by McMillan Design Studio Pty Ltd (acn:660 135 286) (McMillan Design). Access to and use of the Website, or any of its associated Services, is provided by McMillan Design. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3    McMillan Design reserves the right to review and change any of the Terms by updating this page at its sole discretion.

 

2.     Acceptance of the Terms

You accept the Terms by remaining on the Website.

 

3.     Bookings and Cancellations

3.1    You may book a discovery call with McMillan Design via the booking system made available on the Website (Booking System).

3.2    If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.

3.3    McMillan Design understands that circumstances change. Should you wish to cancel or reschedule your free appointment, please kindly advise McMillan Design as soon as possible to allow your allocated time to be given to another individual.

3.4    If you proceed with a discovery call, you will be provided with a separate set of terms and conditions at the appropriate time that will govern the relationship between you and McMillan Design for ongoing services.

 

4.     Copyright and Intellectual Property

4.1   The Website, the Services and all of the related products of McMillan Design are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by McMillan Design or its contributors.

4.2    All trademarks, service marks and trade names are owned, registered and/or licensed by McMillan Design, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a)  use the Website pursuant to the Terms;

(b)  copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c)  print pages from the Website for your own personal and non-commercial use.

4.3    McMillan Design does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by McMillan Design.

4.4    McMillan Design retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a)  business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b)  a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c)  a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

4.5    You may not, without the prior written permission of McMillan Design and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

5.     Privacy

McMillan Design takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to McMillan Design’s Privacy Policy, which is available on the Website.

 

6.     User Generated Content

6.1.    If you choose to contribute any content to the Website or any other platform operated by McMillan Design, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

6.2    By contributing content to the Website, you grant McMillan Design a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by McMillan Design.

6.3    Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree McMillan Design can use that information with your User Content for advertising and promotional purposes, or any other business purpose.

6.4    You confirm you own or have the right to use any copyright material included in Your Content (including replies to McMillan Design social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to McMillan Design. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

6.5    Please ensure you keep your own copies of Your Content as McMillan Design may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

6.6    McMillan Design will endeavour to provide you with an appropriate credit when using Your Content on McMillan Design platforms, though you understand and agree this may not always be possible.

6.7    McMillan Design reserves the right to remove Your Content at any time. Your Content must not be malicious, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

 

7. Mailing List Registration

7.1    You will be given the option to register for the McMillan Design Mailing List (Mailing List).

7.2    As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.

7.3    If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from McMillan Design.

 

8.     General Disclaimer

8.1    Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

8.2    Subject to this clause, and to the extent permitted by law:

(a)  all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b)  McMillan Design will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.3    Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of McMillan Design make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of McMillan Design) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b)  the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c)  costs incurred as a result of you using the Website, the Services or any of the products of McMillan Design; and

(d)  the Services or operation in respect to links which are provided for your convenience.

 

9.     Information Disclaimer

Any blogs, free downloads, information, documentation, tools, social media links or other content provided on the Website or through the Services does not constitute business, building, construction, architectural or financial advice, and is provided for general information and illustrative purposes only.  McMillan Design recommends you seek independent advice prior to relying on any information or documentation provided on the Website. McMillan Design will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website or within the Services.

 

10.  Limitation of liability

10.1    McMillan Design’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

10.2    You expressly understand and agree that McMillan Design, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

11.  Indemnity

11.1    You agree to indemnify McMillan Design, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)  all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your interaction with the Website;

(b)  any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c)  any breach of the Terms.

 

12.  Venue and Jurisdiction

The Services offered by McMillan Design is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

13.  Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

14.  Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

15.  Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force