TERMS & CONDITIONS

Terms of Use

Introduction
Welcome to http://conwaydesign.com.au/ (this “Website”). This Website is owned and operated by Conway Design (“Conway Design”), Australian Business Number 78 195 530 098.

 These Terms of Use, govern your access to and use of this Website, including any: (i) software, database, information, content or materials that are located on, form part of or are available through or in connection with this Website (the “Website Material”); and (ii) services provided through or in connection with this Website (the “Services”).

These Terms of Use and references to this “Website” in these Terms of Use, apply to any Website Materials and Services provided or made available online by Conway Design, whether via the internet website located at http://conwaydesign.com.au/, via a mobile telephone or computer tablet application or similar or any other means of electronic communication.  

By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms of Use, you must immediately exit and not access or use this Website.

Changes to these Terms of Use
Conway Design may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.
Subject to these Terms of Use, any person may access or use this Website via the internet without registering with or disclosing any personally identifying information to Conway Design (an “Unregistered User”).

Use of the Website Material
Conway Design grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to access and read the Website Material, for personal use, solely in accordance with these Terms of Use.

Intellectual Property Rights
All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in Conway Design (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in Conway Design’s (or its licensors’) intellectual property rights to you.

Indemnity by you
You must indemnify and hold harmless Conway Design (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by Conway Design (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

Other websites
Conway Design is not responsible for the policies and practices of internet websites operated by persons other than Conway Design, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

Changes to this Website
Conway Design (with or without notice to you) make changes to this Website, the Website Material and the Services.

Availability of this Website
This Website, the Website Material and the Services are provided on an “as available” basis and Conway Design shall not be liable if this Website, the Website Material or the Services are unavailable for any period. Conway Design may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. Conway Design does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.

Accuracy of this Website
This Website, the Website Materials and the Services are provided on an “as is” basis and Conway Design makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.

Disclaimer
To the fullest extent permitted by applicable law, Conway Design excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise), including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose. To the fullest extent permitted by applicable law, Conway Design also excludes the application or availability of any statutory rights or any statutory guarantees with respect to this Website, the Website Material or the Services.

Limitation of liability
Nothing in these Terms of Use is intended to exclude, restrict or modify any rights that the User may have under the Competition and Consumer Act 2010 (Cth) (the CCA) or any other applicable legislation which may not be excluded, restricted or modified by agreement.

If the CCA or any other applicable legislation provides the User with any non-excludable statutory rights (including any implied representations, warranties, terms or conditions or any statutory guarantees) in respect of any goods or services supplied under these Terms of Use, then the exclusions and limitations on Conway Design’s liability in these Terms of Use do not apply in respect of such non-excludable statutory rights, however, where Conway Design’s liability with respect to such non-excludable rights may be restricted or modified, then, without prejudice to any non-excludable statutory rights that the User may have which may not be restricted or modified by agreement, Conway Design’s liability is limited to :  (i) in the case of a supply of goods, Conway Design doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, Conway Design doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.

Force majeure
Conway Design will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by Conway Design to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond Conway Design’s control.

Assignment
You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. Conway Design may assign, transfer, sub-contract or otherwise dispose of any or all of Conway Design’s rights and/or obligations under these Terms of Use.

Entire agreement
These Terms of Use, together with any additional terms and conditions set out on this Website from time to time, constitutes the whole agreement between you and Conway Design relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Rights cumulative
The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.

Waiver
No failure to exercise nor any delay in exercising by Conway Design of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

Invalidity
If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

Governing law
These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Interpretation
In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

Contacting Conway Design
All correspondence to Conway Design, including any queries you may have regarding this Website or these Terms of Use, should be sent to:
Email: enquiries@conwaydesign.com.au
Address: Level 1, 11 The Corso, Manly, NSW 2095, Sydney Australia.

Privacy Policy

Introduction and your agreement to this Privacy Policy
Welcome to http://conwaydesign.com.au/ (this “Website”). This Website is owned and operated by Conway Design (“Conway Design”), Australian Business Number 78 195 530 098.

This privacy policy (“Privacy Policy”) is deemed to be incorporated into this Website’s terms and conditions of use (“Terms of Use”), which are available on this Website and which you should read together with this Privacy Policy.

The Terms of Use, including this Privacy Policy, govern your access to and use of this Website and the collection, use and disclosure of personal information (ie information or opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion) (the “Personal Information”) by Conway Design.

These Terms of Use, including this Privacy Policy, and references to this “Website” in these Terms of Use and Privacy Policy, apply to any Website Materials and Services provided or made available online by Conway Design, whether via the internet website located at http://conwaydesign.com.au/, via a mobile telephone or computer tablet application or similar or any other means of electronic communication.  

By accessing or using this Website you are deemed to agree to the Terms of Use, including this Privacy Policy. If you do not agree to the Terms of Use or this Privacy Policy, you must immediately exit and not access or use this Website.

Capitalised terms used but not defined in this Privacy Policy have the meaning given to them in the Terms of Use.

Collection of Personal Information
Personal Information collected by Conway Design may include: (i) User Registration Information provided by Users to Conway Design (which may include some or all of the following, a User’s: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; office address; payment details; and billing address); (ii) any Personal Information Users volunteer while using this Website; and (iii) Personal Information about Users from other sources, such as public records or bodies or private organisations.

If you do not provide any requested Personal Information to Conway Design, Conway Design may not be able to provide you with access to and use of this Website, the Website Material and the Services, or Conway Design’s other products and services.

Cookies
Conway Design may place a “cookie” (a small text file) on any computer you use to access this Website, which, among other things, assists Conway Design in providing you with an easy-to-use Website. When you revisit this Website, the cookie will enable Conway Design to recognise you as a previous User. More information on cookies can generally be found in the “help” (or similar) section of your computer’s internet web browser.

Use of Personal Information
Conway Design may use (and you are deemed to consent to Conway Design using) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to provide this Website, the Website Material and the Services to you; (b) to manage Conway Design’s relationship with you; and (c) to obtain professional, financial, technical, administrative or other advice and services in connection with the operation of Conway Design’s business; (ii) for direct marketing, including to provide you with information about: (a) this Website, the Website Materials and the Services; and (b) Conway Design’s other products and services; (iii) to provide you with information about products and services available from its affiliated entities, including Branded Arts Review; (iv) to provide you with information about products and services available from unrelated third party entities; (v) to investigate, prevent or take action regarding any breach or suspected breach by you of the Terms of Use or any law; and (vi) as required or authorised by or under law, and for any other purpose to which you subsequently consent from time to time.

Disclosure of Personal Information
Conway Design may disclose (and you are deemed to consent to Conway Design disclosing) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to any person where necessary or desirable in connection with the provision of this Website, the Website Materials and the Services to you; (b) to any person where necessary or desirable in connection with the management of Conway Design’s relationship with you; and (c) to Conway Design’s external advisors, service providers, subcontractors and suppliers, so that they can provide professional, financial, technical, administrative or other advice and services in connection with the operation of Conway Design’s business; (ii) to its affiliated entities for the purpose of such affiliated entities contacting you about their products and services; (iii) to unrelated third party entities for the purpose of such entities contacting you about their products and services; (iv) to any person who acquires or expresses an interest in acquiring all or any part of Conway Design’s business; (v) to any person where necessary or desirable in connection with Conway Design investigating, preventing or taking action regarding any breach or suspected breach by you of the Terms of Use or any law; and (vi) to any person as required or authorised by or under law, and to any other person to which you subsequently consent from time to time.

Trans-border data flows
Conway Design may transfer (and you are deemed to consent to Conway Design transferring) your Personal Information outside of Australia where the transfer is necessary for one or more of the purposes contemplated by the Terms of Use or this Privacy Policy.

Data quality
Conway Design takes reasonable steps to make sure that the Personal Information that Conway Design collects, uses or discloses is accurate, complete and up to date.

Security
Conway Design takes reasonable steps to protect the Personal Information that Conway Design holds from misuse and loss and from unauthorised access, modification or disclosure. Conway Design takes reasonable steps to destroy or permanently de-identify any Personal Information that is no longer needed for any purpose.

Access to and correction of your Personal Information :-
You may (free of charge) request that Conway Design confirm whether it holds any Personal Information about you and, where applicable, request that Conway Design provide you with a copy of your Personal Information. Where Conway Design agrees to provide you with a copy of your Personal Information, the provision of such Personal Information may be subject to the payment of an administrative charge by you. Conway Design will require adequate proof of your identity before disclosing any Personal Information to you.

If you are able to establish that your Personal Information is not accurate, complete or up to date, Conway Design will take reasonable steps to correct such Personal Information so that it is accurate, complete and up to date. If you and Conway Design are unable to agree about whether your Personal Information is accurate, complete and up to date and you request that Conway Design associate with your Personal Information a statement claiming that such Personal Information is not accurate, complete or up to date, Conway Design will take reasonable steps to do so.

Conway Design may refuse to provide you with a copy of or to correct your Personal Information in certain circumstances, but will provide you with reasons for its refusal to do so.

Contacting Conway Design
All correspondence to Conway Design, including any queries you may have regarding your use of this Website or this Privacy Policy, should be sent to:
Email: enquiries@conwaydesign.com.au
Address: Level 1, 11 The Corso, Manly, NSW 2095, Sydney Australia