Effective Date 18 October 2024

1. About the Website

1.1. Welcome to www.pixelpunchdesign.com (the ‘Website‘). This website allows you to browse products and services provided by Pixel Punch Design (the ‘Services‘).

1.2. The Website is owned and operated by Laura Cousins, trading as “Pixel Punch Design” ABN: 28 195 864 690 (referred to in these terms as “Pixel Punch Design”, “I”, “we”, “us”, and “our”). Access to and use of the Website, or any of its associated Products or Services, is provided by Pixel Punch Design. Please read these terms and conditions (the ‘Terms‘) carefully. Using, browsing and/or reading the Website 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. Pixel Punch Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Pixel Punch Design updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to them where Pixel Punch Design makes this option available in the user interface.

3. Copyright and Intellectual Property

3.1. The Website, the Services and all of the related products of Pixel Punch 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 Pixel Punch Design or its contributors.

3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Pixel Punch Design, which grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:

(a) use the Website under the Terms.

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

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

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

3.4. Pixel Punch 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, trademark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trademark 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.

3.5. You may not, without the prior written permission of Pixel Punch 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.

4. Privacy

4.1. Pixel Punch Design takes your privacy seriously. Any information you provide through your use of the Website and/or Services is subject to Pixel Punch Design’s Privacy Policy, which is available on the Website.

5. Affiliate Disclosure

5.1. Pixel Punch Design may occasionally receive a commission for your engagement with affiliate links and products provided on the Website.

6. General Disclaimer

6.1. 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.

6.2. 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) Pixel Punch 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.

6.3. 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 Pixel Punch Design make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Pixel Punch 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 Pixel Punch Design; and

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

7. Limitation of liability

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.  Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

8. Indemnity

8.1. You agree to indemnify Pixel Punch 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 content.

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

9. Governing Law and Jurisdiction

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost-effectively and efficiently as possible.  Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia. 

10. Independent Legal Advice

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

11. 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.