1.1. Welcome to https://knowlegible.design (the ‘Website’). The Website provides you with an opportunity to browse the site and Knowlegible Design services (the ‘Services’).
1.2. The Website is operated by Jessica Hopf t/a Knowlegible Design (abn: 80 225 535 493). Access to and use of the Website, or any of its associated Services, is provided by Knowlegible Design. 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.
1.3. Knowlegible Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Knowlegible Design updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2.1. 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 Knowlegible Design in the user interface
3.1. Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, blog or on any other related platform do not constitute professional, financial, business or other advice, and are 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, through the Services, social media accounts, blog, or on any other related platform. Knowlegible Design 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, Knowlegible Design will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which 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, through the Workshops and Services, social media accounts, blog, or on any other related platform.
4.1. The Website, the Services and all of the related products of Knowlegible Design 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 Services and 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) or the Services are owned or controlled for these purposes, and are reserved by Knowlegible Design or its contributors.
4.2. Knowlegible Design retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
b) a right to use or exploit a business name, trading name, domain name, trademark 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.
4.3 You may not, without the prior written permission of Knowlegible Design 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 Services or third party Services 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.
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) Knowlegible Design 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services 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 Knowlegible Design make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Knowlegible Design) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) 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 unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Services or any of the products of Knowlegible Design; and
d) the Services or operation in respect to links which are provided for your convenience.
7.1. Knowlegible Design’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
7.2. You expressly understand and agree that Knowlegible Design, its affiliates, employees, agents, contributors 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.
7.3. Any information or documentation provided on the Website in the Workshops and in the associated blog does not constitute business advice of any kind, and are provided for general information purposes only. Knowlegible Design will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website.
8.1. You agree to indemnify Knowlegible Design, 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.
9.1. You will be given the option to register for the Knowlegible Design Mailing Lists (the ‘Mailing List‘).
9.2. As part of the registration process you may be required to provide personal information about yourself ( such as identification or contact details) including:
(a) Name and address
(b) Email address
9.3. If you choose to register for any of the Mailing Lists, you agree to receive promotional material, updates and other content from Knowlegible Design.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;
c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d) The mediation will be held in Queensland.
e) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
11.1. The Services offered by Knowlegible Design 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 Queensland.
12.1. The Terms are governed by the laws of Queensland. 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 Queensland, 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.
13.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
14.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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