Terms of service
Introduction
This website is owned and operated by Illustrated Eats (ABN: 44352991311), referred to as “we, us, and our”. By using this site and our social media channels, and purchasing products from our online store, you agree to comply with these Terms of Service (referred to as "Terms") and our Privacy Statement. These Terms apply to all visitors, subscribers, customers, and users of the site (referred to as "User", "You", and "Your").
Acceptance of Terms
By accessing and using this site, you:
Confirm you are at least 18 years old and have the legal capacity to enter into a contract.
Acknowledge you have read and accepted these Terms.
Agree to comply with these Terms.
Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective upon posting the updated version on our site. Your continued use of the site constitutes acceptance of these changes. Please review these Terms periodically.
Intellectual Property
All content on our site, including products, trademarks, copyrights, logos, designs, images, videos, and other materials (“Content”), is owned by us or licensed by third parties. Your access to this site or purchasing of any product does not grant any rights to the intellectual property.
No Commercial Use: You may not modify, distribute, or exploit any content without prior written consent from us.
Limited Licence: If you purchase or download digital products (e.g. artworks), you are granted a non-exclusive, non-transferable licence for personal use only.
Acknowledgement of Author: Any use of our content must acknowledge Illustrated Eats as the author, as agreed upon before publication.
Links to Third-Party Websites
Our site may contain links to third-party sites. We do not endorse or control these sites and are not responsible for their content. Use these sites at your own discretion.
Privacy
Our Privacy Statement, which governs the use of your personal information, is incorporated into these Terms. By using this site, you consent to the processing of your data as described in the Privacy Statement.
Creating an Account
To make purchases or access certain site features, you may need to register an account. You agree to provide accurate and updated information, including your name, address, and contact details, and to keep your account secure. You are responsible for all activities on your account.
We may suspend or cancel your account if you violate these Terms or applicable laws.
Prices and Payment
All prices are in Australian Dollars (AUD) and include GST (where applicable). Prices may change without prior notice, and the price at the time of your order will apply. We accept payments via credit card or other methods provided at checkout. You are responsible for making timely payments. We reserve the right to cancel orders due to fraud or unauthorized activity.
Returns and Refunds
Please refer to our Return and Refund Policy for detailed information on returns and refunds.
Shipping Policy
Please refer to our Shipping Policy for details on shipping practices and timelines.
Digital Products
When you purchase digital products, you receive a non-exclusive, non-transferable licence for personal use only. You may not redistribute or modify these products without our express consent. Once downloaded, we are not responsible for any issues with the product.
Refunds for Digital Products
Due to the nature of digital products, all sales are final. If the wrong product is delivered or the download link is broken, we will provide a replacement or corrected link at no extra cost.
Electronic Communications and Signatures
You agree to be bound by any agreements or consents transmitted electronically through this site. Clicking "I agree", "I consent", or similar options is legally binding, equivalent to a handwritten signature.
Information and Advice
Any information provided on our site, through blogs or product descriptions, is for general informational purposes and not intended as professional advice. We are not liable for any reliance on the content provided. We reserve the right to refuse service if we believe a product is unsuitable for you.
Products
By purchasing products from us, you agree to use them solely for their intended purposes and in accordance with the guidelines or instructions provided on the product packaging. Any use of the products outside of these guidelines is at your own risk, and you assume full responsibility for any resulting loss or damage.
Due to the handmade nature of some products, there may be slight variations between the items you receive and those shown on our Site. The images provided are for illustrative purposes only.
Products sold on our Site are for personal use only, including any samples we provide. You may not sell or attempt to resell any products or samples obtained from us, as doing so may infringe on our or third-party intellectual property rights and could lead to legal action.
Submitting Content to Site and Social Media
We welcome your interaction on our social media channels and your feedback on our Site and products. You may be invited to submit a review after purchasing or participate in discussions on our blog or social media channels.
When submitting feedback or content, you agree to the following:
You are the sole author and owner of the intellectual property rights in the content, or you have appropriate permissions and consents to use it.
You grant us permission to post or use this content on our social media or other channels.
You waive any moral rights under the Copyright Act 1968 (Cth) in relation to the content.
You ensure that the content does not violate these Terms.
You confirm that you are at least 18 years old.
We reserve the right to remove any review or comment that:
Contains libelous, unlawful, abusive, or obscene material.
Attacks our employees or other contributors.
Discloses personal information.
Is unrelated to the reviewed content.
Our Site and social media may feature user reviews and guest blog content. These do not represent our views or opinions, and we disclaim all liability for content submitted by users or guest bloggers.
Competitions
From time to time, we may run competitions through our Site or social media. Participation in these competitions is subject to these Terms and additional terms specific to each competition.
Testimonials
On our Site, we showcase real-life testimonials to illustrate the potential outcomes from using our products. These testimonials represent individual experiences and are not guarantees that similar results will be achieved by you or others.
Prohibited Use
You agree not to engage in the following prohibited activities:
Use our Site for any unlawful purpose, including soliciting others to engage in illegal activities or violate laws.
Attempt to alter, remove, deface, hack, or interfere with our Site or any content displayed on it.
Engage in activities that may harm the functionality of our Site, such as hacking or corrupting data.
Infringe upon any proprietary rights of others.
Send unsolicited advertising or promotional materials (spam).
Attempt to affect the performance or functionality of any computer facilities accessed through our Site.
Warranties
This Site is provided "as is" and "as available." We make no representations or warranties regarding the Site or its products and services, including but not limited to:
The suitability, reliability, accuracy, or completeness of the content.
The absence of harmful components such as viruses or malicious code.
The ability to store communications or other data.
We disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Limitation of Liability
To the fullest extent permitted by law, we are not liable for any loss, damage, or expense arising from your use of our Site or products, including but not limited to:
Direct, indirect, or consequential damages.
Loss of data, income, or profits.
Claims by third parties.
This limitation does not apply to liability for death, personal injury, or fraudulent misrepresentation, which cannot be excluded under applicable law.
Indemnification
You agree to indemnify and hold us harmless from any losses, claims, or damages arising from your use of the Site in violation of these Terms, including any breach of the representations and warranties set forth in these Terms. This includes any reasonable legal fees incurred in defending such claims.
Breach and Termination
If you breach any provision of these Terms, we may terminate your access to the Site immediately, with or without notice. Upon termination, all disclaimers and limitations of liability will remain in effect, and you will no longer be authorized to access the Site.
Severability
If any provision of these Terms is found to be unlawful or unenforceable by a court of competent jurisdiction, that provision will be amended to reflect the original intent as closely as possible, and the remaining provisions will continue in full force.
Ceasing Our Website
We reserve the right to discontinue or suspend our Site at any time, without notice. We may also exclude any user from accessing the Site at our sole discretion. We will not be liable for any losses arising from such discontinuation or exclusion.
Assignment
We may assign or transfer our rights and obligations under these Terms without your consent. You may not assign or transfer your rights or obligations under these Terms.
Entire Agreement
These Terms, along with our Privacy Statement, represent the entire agreement between you and us regarding your use of the Site and supersede any previous agreements or communications, whether written, oral, or electronic.
Governing Law and Jurisdiction
These Terms are governed by the laws of Australia. In the event of a dispute, we encourage you to contact us to resolve it amicably. If the dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the Australian courts.
Policy Changes
This Terms of Service policy may change from time to time. We recommend reviewing the policy periodically to stay informed of any changes.