Utopian Creations ◆ Customer care
Terms of use
This website is operated by Utopian Creations ABN 75 712 931 620 (we, our or us), available at www.utopiancreations.com.au and through other addresses or channels. These are the terms on which you use it.
Using this site
Consent, changes & your licence
Agreeing to these Terms
By accessing and/or using our Site, you agree to these terms of use (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Changes to the Terms and the Site
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Your licence to use the Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
No commercial use, no competing use
Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us. You are also prohibited from using our Site, including the Content, in any way that competes with our business.
Conduct
Prohibited conduct
You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features;
- damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages; or
- facilitating or assisting a third party to do any of the above acts.
Content & IP
Content, intellectual property & user content
General information only
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: copy or use, in whole or in part, any Content; reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Content you provide
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that: you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third parties & availability
Links, discontinuance & access
Links to other websites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Changes to availability
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Liability
Warranties, liability & indemnity
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that: they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; access will be uninterrupted, error-free or free from viruses; or that our Site will be secure. You read, use and act on our Site and the Content at your own risk.
Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Your indemnity to us
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
General
Consumer law, governing law & contact
[Added block — the supplied Terms ended at the indemnity clause. Amy to confirm or replace the three clauses below before publishing.]
Your statutory rights
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
South Australia
These Terms are governed by the laws of South Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts. If any provision of these Terms is held to be invalid or unenforceable, that provision is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in full force.
Questions about these Terms
For any question about these Terms, contact us at sales@utopiancreations.com.au or write to Utopian Creations, 20 Ebenezer Place, Adelaide SA 5000, Australia.
Looking for our other policies?
Our shipping, returns and privacy pages cover the practical side of buying from us.
UTOPIAN CREATIONS · 20 EBENEZER PLACE, ADELAIDE SA 5000
Utopian Creations ABN 75 712 931 620. These Terms apply to your use of this website. Last updated: [insert date on publishing].