In these terms and conditions:

“Design.Aid“ means Designaid Pty Ltd ACN 653 582 506 and all employees, agents, contractors and officers of Design.Aid;

“Website” means the Design.Aid website located at the internet address www.designaid.com.au and includes but is not limited to any web app, web application, app, application and any other like software utilised by Design.Aid; and

“You” or “Your” means the person using the Website.

1.        ACCEPTANCE OF THESE TERMS AND CONDITIONS

1.1         IF YOU SELL OR PROVIDE SIMILAR GOODS AND SERVICES TO THOSE SOLD OR PROVIDED BY DESIGN.AID ON ITS WEBSITE, OR ARE OTHERWISE A COMPETITOR OF DESIGN.AID, YOU MUST NOT ACCESS AND USE THE WEBSITE.

1.2         PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE.

1.3         These terms and conditions apply to all products and services sold and provided by Design.Aid through its Website.

1.4         If you do not agree to these terms and conditions please discontinue using the Website.

1.5         By continuing to browse, view content or use the Website, you are deemed to have fully and unconditionally accepted and agreed to these terms and conditions, even if you have not created a Design.Aid account on the Website.

1.6         These terms and conditions constitute a legally binding agreement between you and Design.Aid.

1.7         You agree that Design.Aid may vary these terms and conditions at any time.  Please review these terms and conditions periodically.  Your continued use of the Website is deemed to be your agreement to, and acceptance of any revised terms and conditions.

1.8         These terms and conditions are governed by the laws of the State of Victoria and all Federal laws of Australia.

2.        COPYRIGHT

2.1         The entire content of the Website including but not limited to text, images, logos, graphics, audio, video, software or code belongs to Design.Aid and is copyrighted as a collective work pursuant to Australian and International copyright laws and is owned absolutely by Design.Aid.

2.2         Where content on the Website is provided by persons other than Design.Aid then that content is deemed to be owned by the person providing it and is protected by Australian and International copyright laws.

2.3         You must not copy, transmit, broadcast, edit, adapt or make use of any content on the Website whether belonging to Design.Aid or any other person for any commercial, business or profit-making purposes.

2.4         Where any content of the Website is downloaded or printed by you, you agree that such content is to be used solely for your personal and/or confidential dealings and not for any commercial, business or profit-making purposes.

3.        USING THE WEBSITE

You acknowledge and agree that in order to use the Website and acquire any products or services from Design.Aid, you may be required to provide and enter certain information in designated fields on the Website, including but not limited to:

3.1         Your full name;

3.2         Your email address;

3.3         Your telephone number;

3.4         The types of products and services you wish to purchase from Design.Aid; and

3.5         Any other information required by Design.Aid from time to time.

4.        ACCESS AND RESTRICTIONS

4.1         You acknowledge and agree that from time to time access to the Website may be denied for any one or all of the following reasons:

4.1.1             maintenance and/or repairs to the Design.Aid Website;

4.1.2             upgrades and enhancements to the Design.Aid Website;

4.1.3             Design.Aid server down time or failure;

4.1.4             Design.Aid systems down time or failure;

4.1.5             software or programming code utilised by Design.Aid in connection with its Website is corrupt or has failed.

4.2         Design.Aid may at any time, in its absolute discretion, and without being required to give a reason, prevent you or any person from gaining access to its Website through any means or technologies available at its disposal.

4.3         If any Victorian or Federal laws have been infringed or a crime has been committed by you as a result of your use of the Website, Design.Aid may report this matter to the appropriate State and Federal law enforcement agencies and organisations.

5.        PURCHASE OF PRODUCTS AND SERVICES

You acknowledge and agree that if you purchase any products or services from Design.Aid through the Website or otherwise, you do so on the terms and conditions specified in Design.Aid’s Customer Agreement.  A copy of Design.Aid’s Customer Agreement can be viewed at this link Customer Agreement.

6.        PAYMENT OF PRODUCTS AND SERVICES

6.1         You acknowledge and agree to pay Design.Aid for any products or services purchased by you from Design.Aid either by:

6.1.1             deposit of funds (by electronic transfer or manual deposit) into Design.Aid’s nominated bank account; or

6.1.2             credit card payment; or

6.1.3             PayPal or similar payment provider (where Design.Aid has advised you in writing through its Website or otherwise that this payment option is available); and

6.1.4             cryptocurrency (where Design.Aid has advised you in writing through its Website or otherwise that this payment option is available).

6.2         Payment for products and services is deemed to occur only after Design.Aid has received the required amount in full and in cleared funds or cryptocurrency into its nominated bank account or cryptocurrency account (as the case may be).

6.3         You agree to immediately pay or reimburse Design.Aid any dishonour fees charged to Design.Aid by its bank or financial institution as a result of any amount attempted to be paid by you to Design.Aid which is dishonoured.

7.        OMISSIONS AND ERRORS

7.1         Whilst Design.Aid makes every effort to ensure the accuracy of its Website content, you acknowledge that periodically omissions or errors may appear in relation to some content within the Website.

7.2         If you believe that an error or omission exists on the Website, we kindly request that you immediately notify Design.Aid of the error or omission.

7.3         You acknowledge and agree that Design.Aid is, to the full extent permitted by law, not liable to you in any way for any direct, indirect or consequential loss, damage, cost or expenses suffered or incurred by you as a result of any error or omission appearing on the Website.

8.        ACCEPTABLE BEHAVIOUR

8.1         You acknowledge and agree that your language and behaviour in using the Website must at all times be respectful and courteous.  Abusive language and swearing is not permitted or tolerated.

8.2         In addition to its powers under clause 4.2 of these terms and conditions, Design.Aid reserves the right at any time, in its absolute discretion, to suspend or cease your use of the Website if it deems that your language or behaviour is unlawful, inappropriate, disrespectful or discourteous.

9.        PROHIBITED CONDUCT

You acknowledge and agree that you are prohibited from, and must not do any of the following when using the Website:

9.1         Copy and use any words, drawing, documents, logos or any other material on the website for any commercial, business or profit-making purposes;

9.2         Attempt to decipher, decompile, disassemble, deconstruct or reverse engineer any of the software or codes comprising or in any way making up the Website;

9.3         Take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure and the Design.Aid server and systems, including but not limited to “spam” or other such unsolicited mass emailing techniques;

9.4         Use the Website for any purpose that is illegal, unlawful or prohibited by these terms and conditions, including without limitation the posting or transmitting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, racist, pornographic, profane or “spam” material;

9.5         Mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

9.6         Conduct any activity which infringes or breaches Design.Aid’s or another party’s copyright, trade mark, patent rights or other intellectual property rights;

9.7         Introduce any virus, worm, Trojan horse, malicious code or other program which may damage the Website, the Design.Aid servers, systems and computers, or computer based equipment servicing the Website, or computers used by other users; and

9.8         Attempt to disrupt or interfere with the operation and functionality of the Website in any way.

10.        COMPLAINTS HANDLING

If you ever have a complaint, please send us an email with your complaint and we will do all that is reasonably and practicably possible to assess the merits of the complaint and respond to your complaint within a reasonable time and in a reasonable manner with a view to resolving it.

11.      THIRD PARTY WEBSITES

You acknowledge and agree that:

11.1       The Website may contain links to other websites operated, controlled or produced by third parties; and

11.2       Unless otherwise indicated, Design.Aid does not control, endorse, sponsor or approve any such third party websites or their content nor does Design.Aid provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content whatsoever.

12.      DISCLAIMER

You acknowledge and agree that:

12.1       Your use of the Website and any content downloaded or otherwise obtained through the use of the Website, is done at your own risk;

12.2       You are solely responsible for any damage to your computer system or loss of data that results from the download of content available on or through the Website or use of the Website;

12.3       The Website is provided on an “as is” and “as available” basis;

12.4       To the full extent permitted by law, Design.Aid disclaims all warranties of any kind in relation to the use of the Website and the content on, in or accessible from the Website, whether express or implied; and

12.5       No advice or information, whether oral or written, obtained by you from Design.Aid or accessible from the Website creates any warranty to you by Design.Aid.

13.      DESIGN.AID LIABILITY FOR USE OF WEBSITE

13.1       To the full extent permitted by law, Design.Aid is not liable to you or any other person for any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by you or any other person from your use of the Website and you agree to indemnify Design.Aid from and against any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by you or any other person from your use of the Website.

13.2       Notwithstanding clause 13.1 and to the full extent permitted by law, Design.Aid’s total liability for any loss or damage arising in connection with your use of the Website shall not exceed AUD$1.00.

14.      YOUR LIABILITY FOR USE OF WEBSITE

You acknowledge and agree that you may be liable to Design.Aid for any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by Design.Aid as a result of you breaching any of these Website term or conditions.

You agree to indemnify Design.Aid from and against any claim, demand, action, suit, proceeding, liability, loss, damage, cost, fee or expense of whatever nature suffered or incurred by Design.Aid as a result of you breaching any of these Website term or conditions.