TERMS & CONDITIONS
This website is owned and operated by Kaye Davis Photographic Artist & Designer. Terms such as “I”, “my”, “myself”, and “me” refer to the business of Kaye Davis Photographic Artist & Designer. The information, products, tools and services offered and availalbe on or from, to you the user, are conditional on your acceptance of all terms, conditions, policies and notices specified here.
By visiting, accessing, using, browsing, or purchasing products and/or services from this website you agree to comply with, and be bound by, these terms and conditions. Should you not wish to accept these terms and conditions, please discontinue using this website.
By visiting, accessing, using, browsing, or purchasing products and/or services from tThis website is owned and operated by Kaye Davis, photographic artist and designer. All content, including and without limitation, the text, photographs (images), graphics and copyright work, will remain my exclusive property and are protected by copyright and other intellectual property laws. I am also the exclusive owner of all rights in the content, compilation, design, and layout of this website.
Use of this Website
Your use of this website indicates an agreement by you to all terms and conditions associated with using this website. You may access and view content provided this is in relation to using or considering to use, or purchase, products and/or services provided through the website. This agreement extends and applies to any amendments of these Terms & Conditions.
These Terms & Conditions include prohibiting your access and use of this website:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, laws or local ordinances;
- to infringe upon or violate intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website, services offered, or of any related website, other websites, or the internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the website, services or any related website, other websites, or the internet.
I reserve the right to terminate your use of this website, products, services or any related website, should you violate any of the prohibited uses.
If using this website or purchasing goods for business purposes, you agree that the New Zealand Consumer Guarantees Act 1993 does not apply.
ProDUCTS, SERVICES AND PRICING
All descriptions of products, services or product pricing are subject to change at anytime without notice, at my sole discretion.
I reserve the right to modify or discontinue a service and/or product (or any part or content thereof) without notice at any time. I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the these.
Certain products and/or services may be available exclusively online through this website. These products or services may be availabie in limited quantities, and/ or be subject to return or exchange only according to my Returns and Refunds Policy. View my Refunds & Returns Policy HERE. [INSERT LINK TO RETURNS & REFUND POLICY/PAGE].
Every effort has been made to display and represent the products and services that appear on this website as accurately as possible. I am unable to guarantee that your computer monitor’s display of any colour will be accurate to the actual product(s) on offer.
I reserve the right, but are not obligated, to limit the sales of any products or services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any product, or discontinue any product or service on offer at any time. This right may be exercised on a case-by-case basis.
I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or service will be corrected.
I reserve the right to refuse any order placed with Kaye Davis photographic artist and designer. I may also, at my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders place by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event of any change to or cancellation of an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. I reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, unless undertaken through a contractual trade arrangement.
Any and all Intellectual Property Rights in connection with this website and its content (including, but not limited to: all text, images, data, design, logos, documents, concepts, ideas, etc.), products and/or services I market and sell remain the property of Kaye Davis, photographic artist and designer, in accordance with statutory law.
You may not use, copy, modify, share with third parties (whether for commercial gain or not), or produce derivative works from any content, products, services, or part thereof, as part of the intellectual property on this website, without the express written permission of Kaye Davis, photographic artist and designer.
When I supply you with products and/or services, this is done so for the purpose of personal use only and you may not copy, modify, sell (commercialise), or create derivative works from these.
ERRORS, INACCURACIES AND OMMISSIONS
There may occasionally be information on this website, or in the services and/or products offerec, that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to at any time correct any errors, inaccuracies or omissions, and to change or update infromation or cancel orders if any information on this and any related website is inaccurate, without prior notice. This may include after you have submitted an order.
Kaye Davis, photographic artist and designer, does not guarantee, represent or warrant that your use of this website, or services, will be uninterrupted, timely, secure, or error-free. From time-to-time I may be required to remove a service for indefinite periods of time or cancel the service at any time, without notice to you.
As such, you expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.
In no circumstances will Kaye Davis, photographic artist and designer, nor any directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products procured through this website This also includes, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
The failure of me to excercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by me on this website, or in respect to services or products offered, constitutes the entire agreement and understanding between you and myself, and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and I (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
These Terms and Conditions, along with any separate agreements whereby I provide you with goods and/or services shall be governed by and construed in accordance with the laws of New Zealand.
CHANGES TO TERMS & CONDITIONS
Kaye Davis, photographic artist and designer, reserves the right to review, update, amend and replace these terms and conditions, policies, notices and the disclaimer from time to time. Any such amendments will be effective immediately. There is no obligation on my part to notify you of such amendments, and it is your sole responsibility to refer to the Terms and Conditions, policies and notices when revisiting this website. Your continued use of or access to the website following the posting of any changes represents your acceptance of those changes.
Should you have any questions about the Terms & Conditions, please send these to me at Info@kdfineart.co.nz