Handkrafted

The Website, Services, and all of the related products of Handkrafted 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 Handkrafted or its contributors. Handkrafted 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 any: business name, trading name, domain name, trade mark, industrial design, patent, registered design or 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), to you. You may not, without the prior written permission of Handkrafted 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. General Disclaimer If you are a Member seeking services from a Member to build a Product, you are not engaging Handkrafted to build your Product; building a Product for a Member, you are not being engaged by Handkrafted to pay for the Product; you hereby acknowledge and agree that the Website is only facilitating the transaction between Members and accordingly, you are not entering into any legal agreement with Handkrafted to pay for, or deliver, any Product to you. As a consequence of the Website only facilitating a transaction between its Members, use of the Website, the Services, and any of the products of Handkrafted, is at your own risk. Everything on the Website, the Services, and the products of Handkrafted, are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Handkrafted make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages, injury or reliance in connection with the Website, its use, its Content or any products or Services (including the products or services of Handkrafted) 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: 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; the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the Services or any of the products of Handkrafted; the Content or operation in respect to links which are provided for the Member's convenience; any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. Limitation of liability The total liability of Handkrafted to you (if any) for loss, damage or reliance shall be limited to the re-supply of information or its Services. You expressly understand and agree that Handkrafted, 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. Handkrafted 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 Services, whether posted or caused by Members, by third parties or by any of the services offered by Handkrafted. Handkrafted does not control and is not responsible for the behaviours and actions of its Members, their comments, posts, services provided or information that they upload. Accordingly, Handkrafted is not responsible to you for any loss or damage if that loss or damage has resulted by any action of one of the Members. Termination of Contract The Terms will continue to apply until terminated by either you or by Handkrafted as set out below. If you want to terminate the Terms, you may do so by: notifying Handkrafted at any time; and closing your accounts for all of the services which you use, where Handkrafted has made this option available to you. Your notice should be sent, in writing, to [email protected]. Handkrafted may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision; Handkrafted is required to do so by law; the partner with whom Handkrafted offered the Services to you has terminated its relationship with Handkrafted or ceased to offer the Services to you; Handkrafted is transitioning to no longer provide the Services to Members in the country in which you are resident or from which you use the service; or the provision of the Services to you by Handkrafted is, in the opinion of Handkrafted, no longer commercially viable. Subject to local applicable laws, Handkrafted reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Handkrafted's name or reputation or violates the rights of those of another party. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Handkrafted 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. Indemnity You agree to indemnify Handkrafted, its 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 any Content you post through the Website; 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 any breach of the Terms. Dispute Resolution Compulsory: 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). Notice: 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. Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must: Within seven (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; If for any reason whatsoever, twenty-one (21) 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 Law Society of New South Wales or his or her nominee; 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; The mediation will be held in Sydney, Australia. Confidential 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. Termination of Mediation If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. Legal Proceedings In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter. Venue and Jurisdiction The Services offered by Handkrafted are 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 New South Wales, Australia. Governing Law This agreement is 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 this agreement 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. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns. Independent Legal Advice Both parties confirm and declare that the provisions of this agreement 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. Severance 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.