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Terms and Conditions

  These terms and conditions ("Terms and Conditions") govern the use of the site of www.kairen-alaina.com (the "Site"). The site is owned by Karen at WhimsiKa (hereinafter referred to as the Company, us, we or our) and is a children's book author website. 

Please read the Terms and Conditions before using this Site. Using the Site indicates that you have read and accepted the Term and Conditions, including our Privacy Policy, and agree to abide by them as they are set out. If you do not agree to the Terms and Conditions, please do not use the Site.

Accessing the Site

  To access this Site and use the features it offers, you will need-

internet access, a browser and a viewing device. 

 The Company reserves the right to withdraw or amend the Site at our discretion and without prior notice and will not be liable for any Site unavailability for whatever reason or for whatever duration.

  Access to the Site is your sole responsibility. It is your responsibility to ensure users of your internet connection are aware and compliant with the Terms and Conditions.

  In the instance of a parent or guardian, who gives consent for your child to access this Site, then you are agreeing to be bound by the Terms and Conditions in respect of your child's use of this Site.

Acceptable Use

 In using the Company Site, you agree to use it in a legal manner, not to cause any damage to the Site or contravene the intellectual property rights of the Site owners or any third party to the Site. If we believe that you fail to comply with Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our site, including the right to take legal action to prevent you from accessing the Site.

Intellectual Property Rights

  You are not permitted to reproduce or publish any content from this site. Site content includes images, audio, PDF's, videos or any other intellectual property. Downloadable files, offered to the user, are for the recipient's use only and not to be shared through any form either electronic or printed. Items made from patterns in the downloadable files, such as soft toys, may be sold with the proviso that there is a clear reference to the origin of the pattern i.e this Site. All rights are reserved.

Linking to the site

  You may link to the home page of this Site providing that it is in a fair and legal manner and does no harm to the Company.

Links from the site

  Links to other sites are provided for your information only. The company has no control over those sites. It does not endorse any product, content or services provided on linked sites. Access to those sites is entirely at your own risk as the Company takes no responsibility for loss or damage occurring from the use of linked sites. It is your responsibility to read and agree with the Terms and Conditions and Privacy Policy of sites that you visit.

Reliance on Posted Information

  Any commentary or information on the site is not intended as advice on which reliance should be placed. The Company, therefore, takes no responsibility or liability arising from placing reliance on said content, either by direct site visitors or anyone who may be informed by said content. 

Liability

  The Company, all its employees and any other party affiliated with the company will not be liable for loss or damage if, when using the site (including downloaded material or any links that are accessed through the Company site), your computer hardware, software or other proprietary material is infected by viruses or other electronic attacks including the use of downloaded material or any links that are accessed through the Company site.

Indemnity

  Except where prohibited by law, you indemnify and hold harmless the Company and all those who work for, are associated with or represent the Company, from any actions, liabilities, claims, losses, damages or legal expenses that arise from your use of the Site or the violation of our Terms and Conditions. You also agree to compensate the said parties for any of the above expenses, if the situation arises, due to your misuse of our Site or breach of our Terms and Conditions

Applicable Law

  These Terms and Conditions are governed by laws of the State of NSW

Dispute Resolution

   In the event of a dispute that is unable to be resolved through informal discussion, both you and the Company will agree to submit to a mutually accepted neutral arbitrator. The arbitrator's decision will be binding. The cost of arbitration will be shared equally between you and the Company.

You agree that, despite all other provisions within the Terms and Conditions, you or the company,  may bring an action in small claims court and including an action for injunctive relief and intellectual property infringement

Severability

  If, at any time, any provision as set out in these Terms and Conditions are found to be unenforceable or inconsistent with applicable laws, those provisions will be removed and considered void. This will not affect the validity or effect of the remaining Terms and Conditions.

Changes

  These Terms and Conditions may be amended at any time to comply with the law or to reflect changes to the way the Site is operated or our expectations of user behaviour. Such amendments will be conveyed to users through email or a Site posting. Your continued use of the Site confirms that you agree with the amended Terms and Conditions. If you do not agree with this or any amended Terms and Conditions in the future then do not use this Site.

The date of the most current update is listed at the bottom of these Terms and Conditions.

We may, without prior notice, change a service; stop providing a service or any features of the services we offer; or create limits for the services. Access to a  service may be permanently or temporarily terminated or suspended without notice and liability for any reason, or for no reason

Contact Details

  Questions or concerns may be discussed at the following contact details.

karen@whimsika.com 

26/06/2024

 

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