Welcome to the website (the "Site") for Beautiful Pages a web-based business. This Site is owned and operated by No Milkshakes Here Pty Ltd ABN 77 149 068 904 ("Beautiful Pages" or "We"). All usage of this site, its Content, and the goods provided through this Site ("Goods") is subject to these Term of Use ("Terms"). These Terms apply to all Users of this Site ("You"). Please read these Terms carefully. You should print or make an electronic copy of the Terms for your records.
By using this website, you will also be creating an electronic record that is evidence that you (which includes your firm, company or other organisation and all other Users belonging to your organisation from whom you have the authority to act in this regard) have agreed to be bound by these Terms in the same manner as a signed, written contract and that you have made or received a copy of these Terms.
If we amend the Terms in any material way, we will post a notice on this Site. Your continued use of the Site will signify your acceptance of the change in the Terms. The current version of the Terms will normally be available for your reference from a link at the bottom of this Site. However, we may also require you to execute electronically an amended version of these Terms in order to continue to use this Site.
The following definitions shall apply to the Terms:
(a) "Affiliate" means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Person;
(b) "Authorised Representative" means any director, officer, employee, agent, or other representative of Beautiful Pages or an Affiliate of Beautiful Pages;
(c) "Content" means Documentation, Marks, images, charts, graphs, graphics, designs, photographs, audio and video clips, software, and HTML, XML and similar code.
(d) "Documentation" means, if issued by Beautiful Pages, any tutorial, frequently asked questions, help files, and other information that may be made available by links on this Site or through a help desk on the operation and administration of the Site;
(e) "Marks" means trademarks, service marks, logos and names and titles, of and associated with Beautiful Pages or an Affiliate of Beautiful Pages;
(f) "Person" means any individual, partnership, limited liability company, corporation, trust, estate, association, or any other legal or commercial entity; and
(g) "User" means any other Person using this Site.
2. DESCRIPTION OF SITE
This Site is intended to sell books, magazine, posters, DVDs and associated products to the public relating to art and design.
3. GENERAL AND ADMINISTRATION OF USE OF SITE AND THE SITE
3.1 You agree to use this Site in accordance with these Terms, as it may be modified from time to time. You will at all times comply with all applicable federal, state, and local government laws and regulations when you use the Site.
3.2 The Site, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us and our Affiliates in connection with supplying the Goods, contain proprietary and confidential information of substantial economic value to us and our Affiliates. You shall not make any unauthorized use, misuse, or disclosure of such information.
3.3 The accuracy, completeness, and timeliness of all information provided to us by you via the Site are your sole responsibility. You are responsible for all activities occurring under your accounts that are due to your conduct or inaction. You are responsible for verifying the accuracy of transactions as entered and for information as received.
3.4 You warrant and represent to us that:
(a) you have obtained all necessary authorisation to enter into, and be bound by, these Terms either for yourself or on behalf of your firm, company or other organisation, as applicable, and to request each transaction requested by you;
(b) you are at least 18 years of age and have the legal capacity to enter this Agreement;
(d) you won't violate (or cause Beautiful Pages to violate) any applicable law, regulation, standard or relevant industry code; and
(e) each transaction requested by you relates only to Goods that you are entitled to receive through the Site.
3.5 We are authorized, without further inquiry, to provide Goods and to release Content in accordance with a transaction request received by us if we receive apparently proper identification. We are not responsible for verifying apparently proper identification you provide to us. Notwithstanding the foregoing, we may require partial or full documentation or other verification before effecting any transaction whenever we, in our sole discretion, deem obtaining such documentation or other verification to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request. You acknowledge that we may exercise this discretion more readily in certain cases, such as meeting our obligations under any applicable anti-money-laundering or similar law, regulation, or policy.
3.6 If you discover that you have obtained access to information on the Site that you do not have authority to access, you agree to immediately terminate such access and inform us.
3.7 Prices and the availability of Goods are subject to change without notice. No price protection applies. We reserve the right to limit sales, including the right to prohibit sales at our discretion.
3.8 By requesting information through the Site, You consent to the transmission of the requested information (which may include mobile telephony unique identifier information) through the Site and assume all risks of such transmission.
3.9 You authorise us to send you emails and other communications relating to our business, the Goods and the Site including special offers, promotions, new releases etc. If you wish us to cease sending this information to you, please email us with a removal request.
4. RELATION TO OTHER AGREEMENTS OR DISCLOSURES
The Beautiful Pages Sale of Goods Agreement is attached hereto as Annexure A and applies to all orders placed on the Site. If you do not agree with, or are not authorised to accept, or choose not to accept these Terms of Sale, you are not authorised by Beautiful Pages to place any orders on the Site.
5. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree you are bound by any affirmation, assent, or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from us solely through electronic transmission. Your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
6. RESTRICTIONS ON USE
Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other Person or Affiliate to:
(a) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by Beautiful Pages to its Users;
(b) use promote or otherwise encourage the use of this Site or any Content for any illegal or unauthorised purpose;
(c) infringe or violate the rights of third parties, including copyright, trademark, patent, rights of privacy, or any other proprietary or contractual right;
(d) transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorised communication;
(e) copy, modify, or display our name, trademarks, or logo or those of any Affiliate of ours, or any text, graphic images, or other Content from this Site;
(f) use devices (including software) that are designed to provide repeated automated access to this Site or probe, scan, or test the vulnerability of any system or network related in any way to this Site;
(g) with the exception of web browser software, or other applications approved by us, use any software, program, application or any other device to access or log on to the Site, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any Content from Site, including our computer system;
(h) include any Mark, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and the Site;
(i) collect or store personal data about other Users of this Web site;
(j) transmit any material that contains any computer code or files that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment;
(k)use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit; or
(l) create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link.
7. SITE MONITORING
7.1 While we may monitor any use of this Site, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
7.2 We and our Affiliates and Authorised Representatives may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms, the security of this Site, or for other lawful reasons.
7.3 You hereby waive and release us from any cause of action or other right with respect to us or our Affiliates or Authorised Representatives concerning any monitoring activities so undertaken.
8.1 The materials on this site and any materials made available on this site are provided in the state received by us and without warranties of any kind, either express or implied. Beautiful Pages disclaims all warranties, express, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the fullest extent permitted by law.
8.2 Beautiful Pages and its Affiliates do not warrant or makes any representations regarding the use or the results of the use of the materials in this site in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the materials in this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
8.3 Links in this Site, which link to other sites on the World Wide Web are not under the control of Beautiful Pages or any Affiliate or Authorized Representative of Beautiful Pages and none of such persons is responsible for the Contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
8.4 Beautiful Pages expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
8.5 Beautiful Pages makes no warranty that:
(a) the operation of the site will meet the user's requirements or expectations;
(b) access to the site will be uninterrupted, timely, secure, free of unauthorized code or other harmful components, or free of error or malfunction;
(c) the results that may be obtained from the use of the site will be accurate or reliable; or
(d) errors or defects will be corrected and/or corrected within a specified period of time.
9. LIMITATION OF LIABILITY
9.1 Beautiful Pages and its Affiliates or Authorized Representatives shall have not be liable in tort, contract or otherwise (and as permitted by law) to users or any third party unless due to willful misconduct or gross negligence.
9.2 Beautiful Pages and/or its Affiliates or Authorized Representatives shall not be liable to you, any User or any third party for any special, incidental, consequential, exemplary or punitive damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) that may result from the use of, or the inability to use, the site, whether in an action of contract, negligence or other tort, arising out of or in connection with the use or performance of, or the information available on, the site. This limitation of liability applies even if any of them has been advised of the possibility of such damage.
10.1 You agree to indemnify, defend, and hold harmless Beautiful Pages and any Affiliate or Authorised Representative of Beautiful Pages from any claim, demand, loss, costs or expense, including attorneys' fees and costs, made by any person arising out of your violation of these Terms or any other Person's rights hereunder, including violation of any intellectual property or privacy right.
10.2 Beautiful Pages may, at its own expense, participate in any matter subject to indemnification by you, and you shall not settle any such matter in a manner prejudicial to the rights of Beautiful Pages without the written consent of Beautiful Pages, which shall not be unreasonably withheld.
11. ACCURACY PRIVACY AND SECURITY
11.2 If you believe that:
(a) the security of this Site has been breached; or
(b) your information on the Site may have been used without your authorisation; or
(c) this Site contains any inaccurate information, infringes any law or these Terms, please email us immediately.
12. INTELLECTUAL PROPERTY
12.2 You acknowledge and agree that any and all current and future intellectual property rights associated with the Site, including such rights with respect to any name or mark that we may develop for, or use in connection with, the Site, is, and will be owned by us or their respective owners. Nothing in these Terms gives or is intended to give you or any User any claim for ownership of or any rights in such intellectual property.
12.3 The following restrictions apply to the Content:
(a) You agree that the Content is our property or the property of our licensees (as the case may be) and is subject to protection by Australian and international intellectual property laws;
(b) Subject to these Terms, and except as expressly indicated otherwise, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of the Content (or any portion thereof) without our prior written approval.
(c) you may only use and download materials that are made available on the Site for your own internal use;
(d) you may not use, distribute, modify, transmit, or post any Content obtained from the use of the Site or any functions of the Site for public or commercial purposes without our express written permission including but not limited to reselling access to any such materials or to redistributing or facilitating the redistribution of any such materials for sale to others;
(e) You may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.
12.4 Nothing contained in these Terms or this Site grant any license or right to use any of the Marks displayed on this Site. You agree not to use the Marks.
12.5 You agree that any material, information, and ideas that you transmit to Beautiful Pages for inclusion in the Site shall be treated as non-confidential, non-proprietary, and free from any moral right. Beautiful Pages shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner including any manner that does not reveal your identity.
13. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS
13.1 If you breach any of these Terms or we anticipate you will breach any of these Terms, we may terminate any right granted to you in these Terms.
13.2 We may suspend or terminate your access to the Site at any time without giving notice or a reason for such suspension or termination.
13.3 We may modify or discontinue all or any portion of the Site or any function made available thereby at any time without prior notice.
13.4 We may block access to the use of all or any portion of the Site or any function of the Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this Agreement.
13.5 We reserve the right to block access to all or any portion of the Site if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.
13.6 The Site may be unavailable at times due to no fault of ours.
14. JURISDICTION AND APPLICABLE LAW
14.1 Unless otherwise specified, we control and operate this Site from our offices within Australia. The services and products described and information provided through this Site are directed to, and are not intended for distribution to, or use by, any Person in any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject us or any of our Affiliates or Authorised Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Site do so at their own initiative, and are responsible for compliance with applicable local laws or regulations.
14.2 The laws of the State of New South Wales will govern the Terms and any dispute of any type that may arise between a User and Beautiful Pages and its Affiliates and Authorised Representatives concerning or arising out of the use of this Site.
14.3 If either party takes legal action relating to these Terms, both of us consent and agree to submit to the exclusive jurisdiction and venue of the courts of New South Wales or federal courts with respect to such matters.
15.1 If any of these Terms are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
15.2 The heading of the provisions hereof are for descriptive purposes only and will not modify or qualify any of the rights or obligations set forth in such provisions.