Website Terms of Use

These Terms of Use (“Terms of Use”) govern your use of our website located at https://nativcollection.com.au/ ("Website") and form a binding contractual agreement between you, the user of the Website, and us Nativ Collection Pty Ltd ACN 680 325 704 (“we”, “us”, “our”, “Nativ Collection”).

By using our Website, you agree to these Terms of Use and that you will fully comply with them. Do not use our Website if you do not agree with all of these Terms of Use. If you create an account with us, then you also agree on behalf of yourself and those you represent, to comply with and be legally bound by the Content Licence Agreement.

These Terms of Use and the Content Licence Agreement should be read in conjunction with our Privacy Policy. We reserve the right, at our absolute discretion, to update, revise (including by deletion), supplement, or otherwise modify these Terms of Use, the Content Licence Agreement, and our Privacy Policy at any time without notice to you.

All capitalised terms used throughout these Terms of Use have the meaning set out in clause 14 (Definitions).
 
1.          Licence to use Site
1.1         We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms of Use.
1.2         You acknowledge and agree that:
(a)         we retain complete editorial control over the Website and may update, revise (including by deletion), supplement, or otherwise modify these Terms of Use at any time without notice to you;
(b)         your continued use of the Website will constitute your acknowledgement and agreement to be bound by the updated Terms of Use;
(c)         we may at our discretion cease operation of the Website at any time without notice to you; and
(d)         the Website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

2.          Terms of Use
2.1         When you visit our Website or correspond with us electronically (e.g., by email), you acknowledge that this will satisfy any requirement that any notices be provided to you in writing. You agree and consent to us corresponding with you electronically.
2.2         By using this Website, you agree and acknowledge to us that:
(a)         you will not use, or cause to be used, this Website for a reason that is prohibited at law or in a way that is in breach of these Terms of Use or our Privacy Policy;
(b)         you will pay all charges, fees, and other sums whatsoever that are connected to your use of this Website;
(c)         the information you have provided about yourself or another third party whom you represent is, to the best of your knowledge, true, accurate and up to date;
(d)         you will not use our Website to make a profit; and
(e)         you will not use our Website to transmit or host viruses, bugs, trojans, worms, logical bombs or other similar material that is technologically harmful.

3.          Installation, Updates and Maintenance
3.1         You acknowledge and agree that:
(a)         the Website requires a stable internet connection and may require minimum Device specifications;
(b)         your use of the Website may incur internet data charges, may involve the downloading of images, content and other items that may attract internet data fees and may consume the battery charge of your Device;
(c)         the Website does not provide for international roaming, and you may incur international roaming charges if you access the Website outside Australia;   
(d)         the continued availability of the Website may be subject to external factors out of our control including but not limited to routine maintenance, malfunction in equipment, hardware or software, internet access, and delay or failure of transmission;
(e)         we may modify or update the Website or services offered through the Website at any time without notice including but not limited to disabling or enabling certain features or functionalities of the Website, introducing new features and functionalities to the Website, bug fixes, error corrections, and workflow and design changes;  
(f)          we may, but we are not obligated to, provide maintenance and technical support for the Website from time to time and we may suspend, terminate or disable some or all of the features and functionalities of the Website in order to provide services (if any) at any time without notice; and
(g)         you may be required to update third-party software (such as the operating system) on your Device which may be subject to their own terms and conditions. We are not responsible for such third-party software updates and if you are unable or unwilling to obtain or install such third-party software updates, you may be unable to access or use, or continue to access or use, the Website.

4.          Linked Websites
4.1         This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
4.2         You acknowledge that we make no warranty of any kind, express or implied, and assume no liability for the content or privacy practices associated with linked websites.
4.3         Our links with linked websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

5.          Links to our Website
5.1         You must not link to our Website or access, monitor, or copy any content or information in any way whatsoever or for any purpose without our express consent.
5.2         You may not link our Website in such way that suggests an affiliation, endorsement, approval, or association as between us and you.
5.3         If this Website is accessed through any third-party platform, you acknowledge that we make no warranty of any kind (whether express or implied) and assume no liability for the content or activities of these third-party platforms.

6.          Accessing our Website
6.1         We do not guarantee that our Website, its content or otherwise, will be always accessible. While we will endeavour to ensure that your access to our Website and its content is uninterrupted, we reserve our right to withdraw, suspend, discontinue, remove, or otherwise change our Website and/or its content without notice to you.
6.2         We expressly exclude any liability for your failure to access our Website at your preferred moment, or for any changes or otherwise to our Website and/or content.

7.          Intellectual Property and Trademarks
7.1         You acknowledge and agree that all Intellectual Property in or on the Website is owned by, or licensed to, Nativ Collection its related entities, or its content suppliers and nothing in these Terms of Use constitutes a transfer, assignment, or grant of any Intellectual Property Rights in the Website to you.
7.2         Except as expressly stated otherwise in these Terms of Use, nothing in these Terms of Use grant you permission to use or reproduce our Trademarks or tradenames, or those licensed to us.
7.3         You must not adopt, use or attempt to register any trademarks or tradenames that are deceptively or confusingly similar to our Trademarks, including those licensed to us, or create combination marks with any of our Trademarks, including those licensed to us.
7.4         You warrant that you will not use, or permit others to use, our Trademarks, including those licensed to us, in any manner that will or may be likely to disparage, defame, tarnish, or reflect adversely on Nativ Collection or such Trademarks. 
7.5         You acknowledge and agree that you have no legal or equitable proprietary or other right, title, or interest in the Website and/or the Intellectual Property therein other than the right to use the Website pursuant to these Terms of Use.
7.6         You acknowledge and agree that damages may not be an adequate remedy for breach by you of this clause 7 and that we are entitled to apply for and be granted specific performance or injunctive relief in addition to any other legal or equitable remedy available to us for breach or threatened breach by you of this clause 7.
7.7         You warrant that you will not copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, assign, distribute, sell, rent, display, perform, licence, sublicence, lease or reverse engineer the Website or any Content or Intellectual Property.
7.8         Unless you enter into a licence agreement with Nativ Collection, you are not permitted to use any Content and you must not download, distribute, display and/or copy any Content. Using, displaying, or distributing any watermarked or unlicensed Content—whether as part of another work or on its own—constitutes a violation of copyright law.

8.          Collection of Personal Information and Privacy
8.1         We collect personal information from you for the purposes described in our Privacy Policy.
8.2         We take your privacy seriously and will only use, disclose, or deal with your personal information in accordance with our Privacy Policy. By accessing and using this Website, you are agreeing to the Privacy Policy. 
8.3         To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

9.          Disclaimer and Liability
9.1         We are unable to guarantee that the use of the Website will be uninterrupted or error free and you agree that use of the Website is at your sole risk.
9.2         We do not warrant the accuracy of any information or content displayed on our Website. Nativ Collection, its related entities, affiliates, officers, directors, employees, contractors, shareholders, and related persons will not be liable for any loss, however caused, based on your reliance of any information or content displayed on our Website.
9.3         To the full extent permitted by law, Nativ Collection, its related entities, affiliates, officers, directors, employees, contractors, shareholders, and related persons:
(a)         exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these Terms of Use; and
(b)         will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with the use, copying, or display of any information or content displayed on our Website or goods or services supplied by us under these Terms of Use or the Content Licence Agreement.
9.4         These Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If any disclaimers or limitations of liability do not apply, all relevant express, implied, or statutory warranties will be restricted to a period of thirty (30) days from the date you first used the Website. After this period, no warranties will be valid.

10.       Indemnity
10.1      To the full extent permitted by law, you agree to release, indemnify, and hold harmless Nativ Collection, its related entities, affiliates, officers, directors, employees, contractors, shareholders, and related persons from all Claims arising out of or in connection with:
(a)         your use or inability to use the Website;
(b)         a breach by you or those you represent of any term of any provision contained in these Terms of Use;
(c)         any wilful, unlawful or negligent act or omission by you or anyone on your behalf; and
(d)         any reliance of the Website, or by any reason arising from or in connection with these Terms of Use.
10.2      The rights of Nativ Collection, its related entities, affiliates, officers, directors, employees, contractors, shareholders, and related persons at law, including any right to be indemnified under this clause 10, are not affected by:
(a)         the termination of these Terms of Use for any reason; or
(b)         any other fact, matter, or thing whatsoever.

11.       Termination
11.1      These Terms of Use terminate automatically if, for any reason, we cease to operate the Website.
11.2      We may otherwise terminate these Terms of Use and/or suspend your use of the Website at any time, without notice to you, if you violate any of these Terms or display or engage in inappropriate and unlawful behaviour, without any liability or further obligation to you or any other party.

12.       General
12.1      You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use.
12.2      No action of either party, other than express written waiver, may be construed as a waiver of any provision of these Terms of Use.
12.3      If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
12.4      Each party must at its own expense do everything reasonably necessary to give full effect to these Terms of Use and the events contemplated by it.
12.5      These Terms of Use contain the entire agreement between you and us with respect to its subject matter and supersedes all prior agreements and understandings between you and us in connection with it.
12.6      The rights and obligations of the parties under or in connection with these Terms of Use, including but not limited to the indemnities and warranties contained in these Terms of Use, will remain in full force and effect, and will not merge or be extinguished by or upon termination of, or completion of any obligations under, these Terms of Use.
12.7      These Terms of Use are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

13.       Enquiries and Feedback
13.1      We welcome your enquiries and value your feedback regarding our goods and services and the Website. Should you have any questions, concerns, or suggestions, please contact us here [hyperlink].
13.2      We strive to address all enquiries promptly and appreciate any feedback that helps us improve our goods and services and user experience.
13.3      By submitting enquiries or feedback, you agree that we may use and disclose such information to respond to your enquiries or to enhance our Website and goods and services, in accordance with our Privacy Policy.
13.4      We reserve the right to handle enquiries and feedback at our discretion, and we may not be able to respond to all submissions individually.

14.       Definitions
In these Terms of Service, unless the context otherwise permits:
Claim or Claims means any action, suit, claim, demand, damages, cause of action, claim for costs (including legal costs and disbursements), expenses, losses, and liabilities of any nature (including tax and interest), howsoever arising and whether:
(a)          present or future, fixed or unascertained, or actual or contingent;
(b)          arising at law, in equity, under statute or otherwise; and
(c)          made in writing or verbally.

Content means all content available for licence from the Website including, without limitation, any photographs, videos, images, digitised photographs, moving images, illustrations, drawings, graphics, animations, films, and the like in any format.
Device means any device owned or controlled by you that can access the Website, including without limitation any smartphone, tablet, laptop, smartwatch or other similar device.

Intellectual Property means copyright, moral rights, patents, inventions, registered or unregistered Trademarks, registered or unregistered designs, registered or unregistered plant breeder’s rights, trade secrets, knowhow, rights in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, source code, visual layout of applications, operation workflow of applications, specific features of, or naming of specific features of, applications, or any right of registration of such rights (including but not limited to, and any customisations, upgrades, or improvements to any of those rights).

Intellectual Property Rights means the rights in respect of Intellectual Property that exist now or may hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Trademark(s) means all registered or unregistered trademarks, trade names, logos, domain names, or other indications of origin now or in the future used by Nativ Collection.