TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.yatesandcostudio.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

(b) The Website is operated by Yates and co studio. Access to and use of the Website, or any of its associated Products or Services, is provided by Yates and co studio. Please read these terms and conditions (the '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.

(c) Yates and co studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Yates and co studio updates the Terms, it will use reasonable endeavors 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

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Yates and co studio in the user interface.

(b) By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

(c) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

(d) You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve

(a) Transmissions over various networks; and

(b) Changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4.  Accuracy, completeness and timeliness of information

Yates and co studio are not responsible if information made available on this site is not accurate, complete or current.

(a)   The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

(b)   This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


5.  Modifications to pricing and service types

Yates and co studio pricing for our products and services are subject to change without notice.

(a)   Yates and co studio reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

(b)   Yates and co studio shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. Purchase of Products and Returns Policy

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

(a)   We have made every effort to display our items “Products” as accurately as possible the colours and images of our products and services online may slightly differ in person from what you see on the computer monitor’s display

(b)   We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

(c)   We reserve the right to limit the quantities of any products or services that we offer.

(d)   All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

(e)   Yates and co studio reserve the right to discontinue any product and or service at any time.

(f)    Yates and co studio do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected

(g)   In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

(h)   Payment of the Purchase Price may be made through PayPal (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(i)     Following payment of the Purchase Price being confirmed by Yates and co studio, you will be issued with a receipt to confirm that the payment has been received and Yates and co studio may record your purchase details for future use.

(j)     Please refer to the Returns Policy for further information

7. Accuracy of billing and account information     

Yates and co studio reserve the right to refuse any order you place with us.

(a)   We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

(b)   Yates and co studio reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

(c)   You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

(d)   You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Delivery

(a) You acknowledge that the Purchase Services offered by Yates and co studio integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').

(b) In providing the Purchase Services, Yates and co studio may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Yates and co studio is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c) In the event that an item is lost or damaged in the course of the Delivery Services, yates and co studio asks that you:

(i) Contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

(ii) contact us by sending an email to yatesandcostudio@gmail.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

9. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Yates and co 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by yates and co studio or its contributors.

(b) Yates and co studio retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) The business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Yates and co studio; or

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

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

(c) You may not, without the prior written permission of yates and co 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 or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

10. Privacy

(a) Yates and co studio takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Yates and co studio's Privacy Policy, which is available on the Website.

11. General Disclaimer

(a) You acknowledge that Yates and co studio does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Yates and co studio will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

(c) Nothing in these 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.

(d) Subject to this clause, and to the extent permitted by law:

(i) All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) Yates and co 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Yates and co studio (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Yates and co studio, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of yates and co studio including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of yates and co studio) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) 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 unauthorized access to records;

(ii) The accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) Costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User's convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

12. Limitation of Liability

(a) yates and co studio's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of yates and co studio is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Yates and co studio, its affiliates, employees, agents, contributors, third party content providers 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.

(c) yates and co studio is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of yates and co studio, by third parties or by any of the Purchase Services offered by yates and co studio.

(d) You acknowledge that Yates and co studio does not provide the Delivery Services to you and you agree that Yates and co studio will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

13. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Yates and co studio as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) Notifying Yates and co studio at any time; and

(ii) Closing your accounts for all of the Purchase Services which you use, where Yates and co studio has made this option available to you.

(c) Your notice should be sent, in writing, to Yates and co studio via the 'Contact Us' link on our homepage.

(d) Yates and co studio may at any time, terminate the Terms with you if:

(i) You have breached any provision of the Terms or intend to breach any provision;

(ii) Yates and co studio is required to do so by law;

(iii) the partner with whom yates and co studio offered the Purchase Services to you has terminated its relationship with yates and co studio or ceased to offer the Purchase Services to you;

(iv) yates and co studio is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(v) The provision of the Purchase Services to you by Yates and co studio is, in the opinion of Yates and co studio, no longer commercially viable.

(e) Subject to local applicable laws, yates and co studio reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts yates and co studio's name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and yates and co studio have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

14. Indemnity

(a) You agree to indemnify Yates and co studio, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) 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 any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

15. Venue and Jurisdiction

(a) The Purchase Services offered by Yates and co studio 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 Western Australia, Australia.

16. Governing Law

(a) The Terms are governed by the laws of Western Australia, 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 Western 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.

17. Changes to terms of service  

(a) You can review the most current version of the Terms of Service at any time at this page.

(b) Yates and co studio  reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

(c) It is your responsibility to check our website periodically for changes.

(d) Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes

18. Contact Information

(a) For all correspondence email yatesandcostudio@gmail.com