Terms and Conditions
for use of
StuartMediaServices.com
Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.stuartmediaservices.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content as shown on the Website (the 'Purchase Services') via links to our Print on Demand (POD) associates.
1.2. The Website is operated by Stuart Media Services; Blair Stuart.
Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Stuart Media Services; Blair Stuart.
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 the Purchase Services, immediately.
1.3. Stuart Media Services, reserves the right to review and change any of these Terms by updating this page at its sole discretion. When Stuart Media Services updates the Terms & Conditions 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.
Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms;
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 Stuart Media Services; Blair Stuart in the user interface.
3. Registration to use the Purchase Services;
3.1. In order to access the Purchase Services, you may or may not be required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not restricted to
(a) an email address (b) preferred username (c) a mailing address (d) a telephone number (e) a password
3.2. You warrant that any information you give to Stuart Media Services; in the course of completing a registration process will always be accurate, correct and up to date
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Stuart Media Services; or
(b) you are a person barred from receiving the Purchase Services under the Laws of the Commonwealth of Australia 🇦🇺 or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member; Should Membership be offered
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Stuart Media Services; (Blair Stuart) of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Stuart Media Services; Blair Stuart providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that No commercial advertisements, affiliate links, and or any other forms of solicitation will be placed by you on this Website. Any such placements will be removed without notice and will result in termination of the Purchase Services.
Appropriate legal action will be taken by Stuart Media Services; Blair Stuart for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy;
5.1. In using the Purchase Services to purchase the Product through the Website or from our authorised Sales Agents, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through one of the following third party providers:
(a) PayPal (the 'Payment Gateway Providers') In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Stuart Media Services; Blair Stuart you will be issued with a receipt to confirm that the payment has been received and Stuart Media Services; Blair Stuart and / or our Sales Agents may record your purchase details for future use.
5.4. Stuart Media Services; Blair Stuart may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6. Warranty
6.1. Stuart Media Services; Blair Stuart's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 1 Month from the date of purchase (the 'Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Stuart Media Services; Blair Stuart or our authorised Sales Agents showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by Contacting the Sales Agent, in the first instance - The Sales Agents being Zazzle, Fine Art America, Art Wanted, Lulu.Com or Shop Vida. If your issues fails to be resolved by the Sales Agents the next step is to send a written notice to Stuart Media Services; Attention Blair Stuart at 14 Hollywood Crescent, Smiths Beach VIC 3922, or by email to [email protected] outlining the issues you are having in dealing with our authorised Sales Agents .
6.4. Where the Warranty Claim is accepted then Stuart Media Services; Blair Stuart or our authorised Sales Agents will, at their sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Stuart Media Services; Blair Stuart or our authorised Sales Agents and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified InDesign or construction
7. Delivery
7.1. You acknowledge that the Purchase Services offered by Stuart Media Services; Blair Stuart integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
7.2. In providing the Purchase Services, Stuart Media Services; Blair Stuart may
provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Stuart Media Services; Blair Stuart is not the provider of these delivery and
insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery Services, Stuart Media Services; Blair Stuart asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to stuartme[email protected]m outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Stuart Media Services; Blair Stuart 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 Stuart Media Services; Blair Stuart or its contributors.
8.2. Stuart Media Services; Blair Stuart 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 to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Stuart Media Services; Blair Stuart; or
(b) the right to use or exploit a business name, trading name, domain name, trade ma rk or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Stuart Media Services; Blair Stuart 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 contact 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.
9. Privacy
Stuart Media Services; Blair Stuart takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Stuart Media Services; Blair Stuart's Privacy Policy, which is available below or on the Application.
10. General Disclaimer;
10.1. You acknowledge that Stuart Media Services; Blair Stuart does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. Stuart Media Services; Blair Stuart will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
10.3. Nothing in these 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.
10.4. 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 these Terms are excluded; and
(b) Stuart Media Services; Blair Stuart we 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, or (inc;luding negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Stuart Media Services; Blair Stuart (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Stuart Media Services; Blair Stuart, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Stuart Media Services; Blair Stuart (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Stuart Media Services; Blair Stuart) 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:
(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 Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from
e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct
of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. Stuart Media Services; Blair Stuart's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, to it (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Stuart Media Services; Blair Stuart is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Stuart Media Services; Blair Stuart, 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.
11.3. Stuart Media Services; Blair Stuart 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 Purchase Services, whether posted or caused by users of the website of Stuart Media Services; Blair Stuart, by third parties or by any of the Purchase Services offered by Stuart Media Services; Blair Stuart.
11.4. You acknowledge that Stuart Media Services; Blair Stuart does not provide the Delivery Services to you and you agree that Stuart Media Services; Blair Stuart will not be liable to you for any special, indirect or consequential loss or damage,
loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Stuart Media Services; Blair Stuart as set out below.
12.2. If you want to terminate the Terms, you may do so by: a) notifying Stuart Media Services; Blair Stuart at any time; and(b) closing your accounts for all of the Purchase Services which you use, where Stuart Media Services; Blair Stuart has made this option available to you.
Your notice should be sent, in writing, to Stuart Media Services; Blair Stuart via the 'Contact Us' link on our homepage.
12.3. Stuart Media Services; Blair Stuart may at any time, terminate the Terms or intend to breach any provision;
(a) Stuart Media Services; Blair Stuart is required to do so by law;
(b) the partner with whom Stuart Media Services; Blair Stuart offered the Purchase Services to you has terminated its relationship with Stuart Media Services; Blair Stuart or ceased to offer the Purchase Services to you;
(c) Stuart Media Services; Blair Stuart is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service;
or
(e) the provision of the Purchase Services to you by Stuart Media Services; Blair Stuart is, in the opinion of Stuart Media Services; Blair Stuart, no longer commercially viable.
12.4. Subject to local applicable laws, Stuart Media Services; Blair Stuart reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Stuart Media Services; Blair Stuart's name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Stuart Media Services; Blair Stuart 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.
13. Indemnity
13.1. You agree to indemnify Stuart Media Services; Blair Stuart, 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 any Content you post through the Website;(b) 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 (c) any breach of the Terms.
14. Dispute Resolution
14.1.
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 sort).
14.2.
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.
14.3.
Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms('Parties') must:
(a) Within 14 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, 14 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 Australian Mediation Association; Conflict Resolution Service 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 Victoria, Australia.
14.4.
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.
14.5.
Termination of Mediation:
If 14 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.
15. Venue and Jurisdiction
The Purchase Services offered by Stuart Media Services; Blair Stuart 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 Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. 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 Victoria, Australia, 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.
17. Independent Legal Advice
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.
18. 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.
1. About the Website
1.1. Welcome to www.stuartmediaservices.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content as shown on the Website (the 'Purchase Services') via links to our Print on Demand (POD) associates.
1.2. The Website is operated by Stuart Media Services; Blair Stuart.
Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Stuart Media Services; Blair Stuart.
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 the Purchase Services, immediately.
1.3. Stuart Media Services, reserves the right to review and change any of these Terms by updating this page at its sole discretion. When Stuart Media Services updates the Terms & Conditions 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.
Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms;
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 Stuart Media Services; Blair Stuart in the user interface.
3. Registration to use the Purchase Services;
3.1. In order to access the Purchase Services, you may or may not be required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not restricted to
(a) an email address (b) preferred username (c) a mailing address (d) a telephone number (e) a password
3.2. You warrant that any information you give to Stuart Media Services; in the course of completing a registration process will always be accurate, correct and up to date
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Stuart Media Services; or
(b) you are a person barred from receiving the Purchase Services under the Laws of the Commonwealth of Australia 🇦🇺 or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member; Should Membership be offered
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Stuart Media Services; (Blair Stuart) of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Stuart Media Services; Blair Stuart providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that No commercial advertisements, affiliate links, and or any other forms of solicitation will be placed by you on this Website. Any such placements will be removed without notice and will result in termination of the Purchase Services.
Appropriate legal action will be taken by Stuart Media Services; Blair Stuart for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy;
5.1. In using the Purchase Services to purchase the Product through the Website or from our authorised Sales Agents, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through one of the following third party providers:
(a) PayPal (the 'Payment Gateway Providers') In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Stuart Media Services; Blair Stuart you will be issued with a receipt to confirm that the payment has been received and Stuart Media Services; Blair Stuart and / or our Sales Agents may record your purchase details for future use.
5.4. Stuart Media Services; Blair Stuart may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6. Warranty
6.1. Stuart Media Services; Blair Stuart's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 1 Month from the date of purchase (the 'Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Stuart Media Services; Blair Stuart or our authorised Sales Agents showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by Contacting the Sales Agent, in the first instance - The Sales Agents being Zazzle, Fine Art America, Art Wanted, Lulu.Com or Shop Vida. If your issues fails to be resolved by the Sales Agents the next step is to send a written notice to Stuart Media Services; Attention Blair Stuart at 14 Hollywood Crescent, Smiths Beach VIC 3922, or by email to [email protected] outlining the issues you are having in dealing with our authorised Sales Agents .
6.4. Where the Warranty Claim is accepted then Stuart Media Services; Blair Stuart or our authorised Sales Agents will, at their sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Stuart Media Services; Blair Stuart or our authorised Sales Agents and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified InDesign or construction
7. Delivery
7.1. You acknowledge that the Purchase Services offered by Stuart Media Services; Blair Stuart integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
7.2. In providing the Purchase Services, Stuart Media Services; Blair Stuart may
provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Stuart Media Services; Blair Stuart is not the provider of these delivery and
insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery Services, Stuart Media Services; Blair Stuart asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to stuartme[email protected]m outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Stuart Media Services; Blair Stuart 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 Stuart Media Services; Blair Stuart or its contributors.
8.2. Stuart Media Services; Blair Stuart 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 to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Stuart Media Services; Blair Stuart; or
(b) the right to use or exploit a business name, trading name, domain name, trade ma rk or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Stuart Media Services; Blair Stuart 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 contact 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.
9. Privacy
Stuart Media Services; Blair Stuart takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Stuart Media Services; Blair Stuart's Privacy Policy, which is available below or on the Application.
10. General Disclaimer;
10.1. You acknowledge that Stuart Media Services; Blair Stuart does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. Stuart Media Services; Blair Stuart will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
10.3. Nothing in these 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.
10.4. 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 these Terms are excluded; and
(b) Stuart Media Services; Blair Stuart we 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, or (inc;luding negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Stuart Media Services; Blair Stuart (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Stuart Media Services; Blair Stuart, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Stuart Media Services; Blair Stuart (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Stuart Media Services; Blair Stuart) 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:
(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 Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from
e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct
of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. Stuart Media Services; Blair Stuart's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, to it (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Stuart Media Services; Blair Stuart is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Stuart Media Services; Blair Stuart, 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.
11.3. Stuart Media Services; Blair Stuart 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 Purchase Services, whether posted or caused by users of the website of Stuart Media Services; Blair Stuart, by third parties or by any of the Purchase Services offered by Stuart Media Services; Blair Stuart.
11.4. You acknowledge that Stuart Media Services; Blair Stuart does not provide the Delivery Services to you and you agree that Stuart Media Services; Blair Stuart will not be liable to you for any special, indirect or consequential loss or damage,
loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Stuart Media Services; Blair Stuart as set out below.
12.2. If you want to terminate the Terms, you may do so by: a) notifying Stuart Media Services; Blair Stuart at any time; and(b) closing your accounts for all of the Purchase Services which you use, where Stuart Media Services; Blair Stuart has made this option available to you.
Your notice should be sent, in writing, to Stuart Media Services; Blair Stuart via the 'Contact Us' link on our homepage.
12.3. Stuart Media Services; Blair Stuart may at any time, terminate the Terms or intend to breach any provision;
(a) Stuart Media Services; Blair Stuart is required to do so by law;
(b) the partner with whom Stuart Media Services; Blair Stuart offered the Purchase Services to you has terminated its relationship with Stuart Media Services; Blair Stuart or ceased to offer the Purchase Services to you;
(c) Stuart Media Services; Blair Stuart is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service;
or
(e) the provision of the Purchase Services to you by Stuart Media Services; Blair Stuart is, in the opinion of Stuart Media Services; Blair Stuart, no longer commercially viable.
12.4. Subject to local applicable laws, Stuart Media Services; Blair Stuart reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Stuart Media Services; Blair Stuart's name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Stuart Media Services; Blair Stuart 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.
13. Indemnity
13.1. You agree to indemnify Stuart Media Services; Blair Stuart, 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 any Content you post through the Website;(b) 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 (c) any breach of the Terms.
14. Dispute Resolution
14.1.
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 sort).
14.2.
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.
14.3.
Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms('Parties') must:
(a) Within 14 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, 14 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 Australian Mediation Association; Conflict Resolution Service 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 Victoria, Australia.
14.4.
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.
14.5.
Termination of Mediation:
If 14 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.
15. Venue and Jurisdiction
The Purchase Services offered by Stuart Media Services; Blair Stuart 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 Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. 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 Victoria, Australia, 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.
17. Independent Legal Advice
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.
18. 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.
Stuart Media Services Privacy Policy
Stuart Media Services Privacy Policy
Stuart Media Services takes individual privacy very seriously.
We are also aware of potential threats to your security and privacy. Please take a few moments to review the steps that Stuart Media Services takes to ensure your privacy and security while giving you the best possible customer service as you use our websites.
Our Privacy Policy outlines how we collect and handle your personal information. References to ‘‘we’, ‘our’ and ‘us’ refer to Stuart Media Services.
How and what personal information is collected?
Your personal information (including your address, contact details, and credit card details) will only be collected when you place an order with any of our associated POD Fulfillment Websites
Your personal information will also be collected should you subscribe to our Email Subscription Service and/or Paper li Stuart Media News {your personal information being in both instances your email contact details}.
When you desire to place an order, you will be directed to the relevant POD website, where your purchase will be handled via a secure (SSL, encrypted) connection and you will be required to submit only the information needed to complete and fulfill your order.
This may include but is not limited to; your name, credit card details, email address, mailing address and phone number.
Only our authorised POD sites {Fine Art America, Lulu.com, Zazzle.com, OArtTee.com, theuntappedsource.com, Nabaroo.com, LemonTreeart.com, StuartMediaNews.com and ShopVIDA.com.
Cookies;
Cookies are small files placed on your computer by a web page when and you visit it. They can be used to store all sorts of useful information to make your next visit easier and more convenient, but some people are uncomfortable not knowing what information is in a cookie.
The Stuart Media Services website uses cookies to compile statistics on the use of the various pages on our site. Should we go down the path of offering memberships and you choose to join as a Member of Stuart Media Services, we may, from time to time, use data collected from cookies to customise products and services we may offer.
How we use your personal information
Your personal information may be used to:
• Verify your identity when we are speaking with you;
• Assist you to subscribe to our services and products;
• Administer and manage our services, including charging and billing if applicable.;
• Research and develop our services;
• Promote and market services and products to you.
Where we do so, we will always provide you with an opportunity to let us know if you do not wish to receive marketing and promotions from us.
If some or all of the personal information we require is not collected, we may be unable to efficiently provide you with the services you require.
Who can access my personal information?
Only authorised employees of Stuart Media Services and our Authorised POD Provider {ie; Fine Art America} will have access to any information you provide.
We may turn over any pertinent information to any legal or regulatory authority that has a demonstrable right and takes the proper steps to access it.
We may also, if necessary, provide your personal information to our lawyers, accountants, auditors and other third parties (such as but not limited to IT providers) who provide services to us or act on our behalf, for the purposes of giving effect to the services you request from us or as necessary to conduct our business.
Where your personal information is disclosed;
We will ensure that the information is to be held, used or disclosed consistent with current Australian Privacy Principles.
If you inquire about one of your subscriptions, we may ask you to submit some additional information, only to verify your identity. Remember, in this case we will only ask you to confirm information you have already given us.
Your rights;
You have the right to contact us and ask what information we may hold about you.
Before you can obtain access to any information held by Stuart Media Services about you, your identity will first need to be verified. A fee may apply for such access.
Consent to use and disclosure of your personal information;
We may on the odd occasion send you marketing emails. Our email marketing is permission based. If you received a mailing from us, it is because you are a subscriber or have otherwise consented to the terms of this Privacy Policy.
You may unsubscribe at any time by phone, or by emailing us at [email protected].
We do not and will never, rent or sell any email addresses or personal information to any Companies, Third Parties or Third Party Bulk Remailers.
Personal information and Data Security;
Your data is stored on our behalf on weebly.com’s databases and / or the POD sites used by Stuart Media Services, such as Fine Art America’s servers located in the US. It may be a requirement for you to disclose minimal personal information to these Companies for the purpose of either buying an item or subscribing to one of the Subscription Services such as our Email service
These Companies ensure all data collected is protected and secure against unauthorised access, alteration or deletion. Any data you submit through an online order form to our POD associates is transferred via a Secure Sockets Layer — an encryption protocol — and is kept in databases that cannot be accessed from outside their firewall. Their firewall is a mechanism that prevents access to their servers by anyone outside of the company.
The Stuart Media Services website and our Marketing e-mails may contain links to third party websites. Should you choose to click these links please be aware that our Privacy Policy will no longer apply.
Please ensure that you access, read and understand the Privacy Policy of any Third party website, before continuing further.
Updates to our Privacy Policy;
Stuart Media Services will review and update this privacy policy as needed. Please check back regularly for any updates.
Privacy concerns or complaints;
If you have concerns or wish to make a complaint regarding the handling of your personal information by us, please contact us in the first instance.
We will promptly investigate your complaint and notify you of the outcome.
If you are not satisfied our response to your complaint, you may, in some cases, refer your complaint to a relevant
Australian Ombudsman Service
or to the
Office of the Australian Information Commissioner (tel. 1300 363 992, web www.oaic.gov.au).
How to contact us;
If you have any questions regarding our privacy policy you can reach us here:
Stuart Media Services
PO Box 5070
Cowes, 3922
Victoria, Australia
Ph: +61 428 820 796
Email:[email protected]
Our registered address is:
Stuart Media Services,
14 Hollywood Crescent,
Smiths Beach, 3922
Phillip Island
Victoria, Australia
Copyright 2016 Stuart Media Services. All Rights Reserved.
No portion of this Document, being the Privacy Policy of Stuart Media Services, may be reproduced, copied or in any way reused without the written permission of Blair Stuart and Stuart Media Services.
Document Revised 07/09/2018 ~ Revision 3/02
