PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the Papillon Web Design. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Papillon Web Design’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Papillon Web Design and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Papillon Web Design’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Papillon Web Design is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Papillon Web Design’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

PAYMENT

We currently only accept payment by credit/debit card in our online shop, by submitting an order, you also submit your credit card details.

After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.

If you choose the payment plan option, you are responsible for all remaining payments unless a refund is requested according to the Returns and Refunds terms outlined below. If you choose to purchase with the payment plan option, Papillon Web Design retains the right to suspend access to any online course if payments are not made when they are due. If at any time there is a past due payment, access to online course content will be temporarily restricted until the account is current and all past due payment obligations have been met. You must promptly update all billing information (billing address, card number, and expiration date) to keep your account current, complete, and accurate. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. Furthermore, you agree to pay all costs of collection, including debt collection fees and costs, as necessary and reasonable, on any outstanding balance.

TEMPLATE SUPPORT

Your template purchase comes with the following support included, valid 3 months from date of purchase. Any support after this time will be at an extra cost.

We are happy to help you with support relating to:

• Template related questions, anything Squarespace related or business related is not included.

• Custom code support only for CSS that is included with the template

Your template purchase does not include support with anything business related or related to Squarespace directly. Squarespace has an amazing 24/7 support service via email, 12hrs per day live chat, and online video guides.

We offer support via our email, hello@papillonwebdesign.com.au or our Instagram direct messaging @papillonwebdesign and we aim to respond within 2 business day though this time frame may vary due to potential unforeseen circumstances

DIY is awesome, but sometimes you just need that extra bit of support! Work 1:1 with Kirstie Pallier to put any final touches on your website. We can help with custom coding, troubleshooting, mobile optimization and specific design changes

RETURNS AND REFUNDS

Papillon Web Design handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Digital download products cannot be returned and are therefore, non-refundable. Please contact us prior to purchase if you have any questions related to this.

LINKS TO OTHER WEBSITES

Papillon Web Design may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Papillon Web Design and the owners of those websites. Papillon Web Design takes no responsibility for any of the content found on the linked websites.

Papillon Web Design’s website may contain information or advertisements provided by third parties for which Papillon Web Design accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Papillon Web Design absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Papillon Web Design gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Papillon Web Design to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Papillon Web Design, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Papillon Web Design’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Papillon Web Design may be required, in certain circumstances, to disclose information in good faith and where Papillon Web Design is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Papillon Web Design.Papillon Web Design expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Papillon Web Design will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Papillon Web Design reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, graphics, eCourses and digital content. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Papillon Web Design expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Papillon Web Design concerning your use and access to Papillon Web Design’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

CONSULTING, TRAINING, ECOURSES AND DESIGN SERVICES

By engaging the services of Papillon Web Design, you agree that Papillon Web Design is not to be held liable for any decisions you make based on any of Papillon Web Design’s services or guidance; and any consequences, as a result, are your own. Under no circumstances can you hold Papillon Web Design liable for any actions you take nor can you hold Papillon Web Design liable for any loss or costs incurred by you as a result of guidance, advice, coaching, training, or materials provided by Papillon Web Design.

All information on both www.papillonwebdesign.com.au and in consultations is intended to assist you, it is not be construed as business advice and should not substitute professional advice based on your own business or personal circumstances. Results are not guaranteed and Papillon Web Design takes no responsibility for your actions, choices or decisions; therefore, following any information or recommendations provided by Papillon Web Design are taken at your own risk.

JURISDICTION

This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Papillon Web Design that results in litigation then you must submit to the jurisdiction of the courts of WA.

GRAPHIC DESIGN / CONSULTING / TRAINING TERMS & CONDITIONS

Please note that Papillon Web Design will issue a separate set of General Terms and Conditions in relation to Brand Consultations and Graphic Design Projects (including website design). These terms are typically distributed to the client upon the commencement of a consultation or design project. You may request a copy of these General Terms and Conditions by emailing hello@papillonwebdesign.com.au