a. “Online Spaces” (or “Online”) includes the ArtemissK website, and all other websites, portals or apps used by ArtemissK to digitally communicate, sell and/or deliver its services/products; as operated, granted access to, and use of by Artemiss Keyhani (ABN 71 970 054 788).
b. “Member” refers to anyone who interacts with, uses and/or subscribes to services/products through or from any of ArtemissK’s Online Spaces.
2. Copyright and intellectual property
a. ArtemissK’s Online Spaces, our content, and all related services/products are subject to copyright and protected under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of our Online Spaces (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) are owned, controlled for these purposes, and reserved by ArtemissK or our contributors.
b. All trademarks, service marks and trade names are owned, registered and/or licensed by us. We grant you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use our Online Spaces pursuant to our Terms; and
- copy and store our Online Spaces and the material contained in it in your device’s cache memory; and
- print pages from our Online Spaces for your own personal and non-commercial use.
c. We do not grant you any other rights whatsoever in relation to our Online Spaces or the content. We expressly reserve all other rights.
d. We retain all rights, title, and interest in and to our Online Spaces and all related content. Nothing you do on or in relation to our Online Spaces will transfer any of the following to you:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design, copyright; or
- a right to use or exploit a business name, trading name, domain name, trade mark, or industrial design; or
- 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).
e. You may not, without our prior written permission, broadcast, republish, upload to a third-party, transmit, post, distribute, show or play in public, adapt, or change in any way the content for any purpose, unless otherwise provided by our Terms. This prohibition does not extend to materials on our Online Spaces which are freely available for re-use or are in the public domain.
a. You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on ArtemissK’s Online Spaces, if you:
- make no alterations to the material; and
- attribute the material to our specific Online Space and/or include a link to our website; and
- do not do so in way that could be considered obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence, in breach of privacy, or that would bring Artemiss Keyhani and/or our Online Spaces into disrepute; and
- do not use it in any way that competes with ArtemissK’s business.
4. Third-party content
a. ArtemissK’s Online Spaces may contain third-party information, including but not limited to user comments, guest articles and advertisements. We do not control, recommend, endorse, sponsor, or approve any information, services or products mentioned by/about third-parties. You should conduct your own investigations with respect to the suitability of third-party information for you.
b. We reserve the right to amend or delete any and all third-party content, including but not limited to user comments, guest articles and advertisements, and to block any user we believe is in violation of our Terms.
6. General disclaimer
a. Nothing in our 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.
b. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations, or conditions which are not expressly stated in our Terms are excluded; and
- ArtemissK 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 content or our Terms (including as a result of your use of our Online Spaces and the content, of not being able to use the content, or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
c. Use of our Online Spaces and its content is at your own risk. Everything on our Online Spaces 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 our business make any express or implied representation or warranty about the content or any services/products referred to on our Online Spaces. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- 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; and
- the accuracy, suitability, or currency of any information on our Online Spaces, the content, or any of its content related services/products (including third-party material and advertisements on our Online Spaces); and
- costs incurred as a result of you using our Online Spaces, the content, or any of our services/products; and
- the content or operation in respect to links which are provided for your convenience.
7. Limitation of liability
a. ArtemissK’s total liability arising out of, or in connection with the content or our Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
b. You expressly understand and agree that we, our 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.
c. You acknowledge and agree that we hold no liability for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you as a result of providing your content to our Online Spaces.
8. Termination of contract
a. If you want to terminate our Terms, you may do so by providing ArtemissK with 7 days’ written notice of your intention to terminate via email Art@ArtemissK.com
b. ArtemissK may at any time terminate our Terms with you if:
- you have breached any provision of our Terms or intend to breach any provision; or
- we are required to do so by law; or
- we are transitioning to no longer providing the services/products to Members in the country in which you are resident or from which you use the services/products; or
- our provision of the services/products to you is, in our opinion, no longer commercially viable.
c. Subject to local applicable laws, we reserve the right to discontinue or cancel your membership at any time and may suspend or deny, in our sole discretion, your access to all or any portion of our Online Spaces or services/products without notice if you breach any provision of our Terms or any applicable law, or if your conduct impacts our name or reputation, or violates the rights of those of another party.
d. When our Terms come to an end, all of the legal rights, obligations and liabilities that you and we have benefitted from, been subject to (or which have accrued over time whilst our 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.
a. You agree to indemnify ArtemissK, our affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
- 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 our content; and/or
- any direct or indirect consequences of you accessing, using, or transacting on our Online Spaces or attempts to do so; and/or
- any breach of our Terms.
10. Jurisdiction and dispute resolution
Please contact ArtemissK about any issues. We are very committed to creating win/win solutions when possible.
a. Jurisdiction: ArtemissK is located in New South Wales, Australia. These Terms are subject to the governing law of New South Wales, Australia. Our services/products are offered in compliance with Australian Consumer Law.
b. Negotiation: If you have any issues or complaints arising out of your use of our services/products or these Terms, we agree to make a genuine effort to resolve the dispute through negotiation and discussion.
c. Mediation: If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator who is independent of both parties.
The mediator is to be appointed by agreement of the parties or, failing agreement within 21 days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: email@example.com) or the Chair’s designated representative.
The Resolution Institute Mediation rules shall apply to the mediation. We agree to share the costs of mediation equally between us.
d. Litigation: It is a condition precedent to the right of either of us to commence litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
11. Governing law
a. ArtemissK’s Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to our Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. Our Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent legal advice
a. Both parties confirm and declare that the provisions of ArtemissK’s Terms are fair and reasonable and both parties, having taken the opportunity to obtain independent legal advice, declare our Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
a. If any part of ArtemissK’s Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of our Terms shall remain in force.
a. ArtemissK may modify these Terms at any time, in our sole discretion, and all modifications will be effective immediately upon our posting of the modifications on our Online Spaces. It is your responsibility to check our Terms prior to prior to engaging with our Online Spaces and only proceed if you accept the current Terms in full.