1. About the Website
1.1 Welcome to www.genevievewallis.com (Website). The Website is operated by Genevieve Wallis Studio Pty Ltd (ABN: 88 689 556 072) (Genevieve Wallis Studio).
1.2 The Website provides you with an opportunity to browse the site and Genevieve Wallis Studio’s services (Services).
1.3 Access to and use of the Website, or any of the associated Services, is provided by Genevieve Wallis Studio. Please read these website terms and conditions of use (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 immediately.
1.4 Genevieve Wallis Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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.
3. Information Disclaimer
3.1 Any information, advice, content or documentation provided on the Website, social media accounts, or on any other related platform does not constitute professional, financial, business or other advice, and is provided for general information and guidance purposes only.
3.2 All care is taken in the preparation of the information and published materials on the Website, social media accounts or on any other related platform. Genevieve Wallis Studio does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
3.3 To the extent permissible by law, Genevieve Wallis Studio will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, social media accounts or on any other related platform.
4. Copyright and Intellectual Property
4.1 The Website and all of the related content of Genevieve Wallis Studio 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 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) are owned or controlled for these purposes, and are reserved by Genevieve Wallis Studio or its contributors.
4.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Genevieve Wallis Studio, which grants to you a worldwide, non-exclusive, royalty-free, revocable license 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 Genevieve Wallis Studio does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Genevieve Wallis Studio.
4.4 Genevieve Wallis Studio retains all rights, title and interest in and to the Website. 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 Genevieve Wallis Studio 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 content on the Website 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
Genevieve Wallis Studio takes your privacy seriously and any information provided through your use of the Website are subject to Genevieve Wallis Studio's Privacy Policy, which is available 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) Genevieve Wallis Studio 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 Website or these Terms, in equity, pursuant to statute or otherwise.
6.3 Use of the Website is at your own risk. Everything on the Website 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 Genevieve Wallis Studio makes any express or implied representation or warranty about the content on the Website.
7. Third Party Services
The content on the Website may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Genevieve Wallis Studio does not control any Third-Party Services and to the maximum extent permitted by law, makes no representation or warranty regarding, and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Website. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Genevieve Wallis Studio will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.
8. Limitation of liability
8.1 Genevieve Wallis Studio's total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the greater of: (a) AUD $100; or (b) the cost of resupplying the content on the Website to you.
8.2 You expressly understand and agree that Genevieve Wallis Studio, its affiliates, employees, agents, contributors and licensors will 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 will 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.
9. User Generated Content
9.1 If you choose to contribute any content to the Website or any other platform operated by Genevieve Wallis Studio, you are solely responsible for such content and warrant that it complies with all applicable laws and regulations. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
9.2 By contributing content to the Website, you grant Genevieve Wallis Studio a worldwide, perpetual, royalty-free, non-exclusive, transferable and sub-licensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content in any way and in any media for any purpose. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Genevieve Wallis Studio.
9.3 Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Genevieve Wallis Studio can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
9.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Genevieve Wallis Studio 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 Genevieve Wallis Studio. 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.
9.5 Please ensure you keep your own copies of Your Content as Genevieve Wallis Studio may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
9.6 Genevieve Wallis Studio reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
10. Mailing List Registration
10.1 You may be given the option to register for the Genevieve Wallis Studio Mailing List (Mailing List).
10.2 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.
10.3 If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Genevieve Wallis Studio. You may unsubscribe at any time by following the unsubscribe link contained in the emails. All marketing communications will comply with the Spam Act 2003 (Cth) and will include clear identification of the sender and unsubscribe facilities.
11. Indemnity
11.1 You agree to indemnify Genevieve Wallis Studio, 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
(c) any breach of the Terms.
12. Marketing
By submitting testimonials or reviews related to any services provided by Genevieve Wallis Studio, you grant Genevieve Wallis Studio a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such testimonials or reviews in any media, for marketing, advertising, and promotional purposes. You acknowledge that Genevieve Wallis Studio may use your testimonials or reviews with your full name, or anonymously, and agree that Genevieve Wallis Studio is under no obligation to compensate you for the use of your testimonials or reviews.
13. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website or these Terms, you agree that the exclusive venue for resolving any dispute will be in the courts of Victoria, Australia.
14. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Victoria, Australia.
15. Independent Legal Advice
Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.
16. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
