WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website
   (a) Welcome to wlmorisset.com.au (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 on the Website (the ‘Purchase Services’).
   (b) The Website is operated by Imaage P/L (ABN 98 026 501 947). Access to and use
   of the Website, or any of its associated Products or Services, is provided by
   Imaage P/L. 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 Services, immediately.
   (c) Imaage P/L reserves the right to review and change any of the Terms by updating
   this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
   (a) 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 Imaage P/L in the user interface.
3. Registration to use the Purchase Services
   (a) When accessing the Purchase Services, you have the option to 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:
   (i) Email address
   (ii) Mailing address
   (iii) Telephone number
   (iv) Delivery Address
   (b) You warrant that any information you give to Imaage P/L in the course of

completing the registration process will always be accurate, correct and up to
date.
(c) By using this website or completing the registration process ( to become a registered ‘Member’), you agree to be bound by the Terms.
(d) 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 Imaage P/L; or
(b) you are a person barred from receiving the Purchase Services under the
laws 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 customer or Member
   (a) As an online customer or Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
   (i) the Terms;
   (ii) any applicable law, regulation or generally accepted practices or guidelines
   in the relevant jurisdictions;
   (iii) 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;
   (iv) any use of your registration information by any other person, or third
   parties, is strictly prohibited. You agree to immediately notify Imaage P/L of
   any unauthorised use of your password or email address or any breach of
   security of which you have become aware;
   (v) 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 Imaage P/L
   providing the Purchase Services;
   (vi) 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;
   (vii) you agree that commercial advertisements, affiliate links, and other forms
   of solicitation may be removed from the Website without notice and may
   result in termination of the Purchase Services. Appropriate legal action will
   be taken by Imaage P/L for any illegal or unauthorised use of the Website;
   and

(viii) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.

5. Purchase of Products and Returns Policy
   (a) In using the Purchase Services to purchase the Product through the Website, you
   will agree to the payment of the purchase price listed on the Website for the
   Product (the ‘Purchase Price’).
   (b) Payment of the Purchase Price may be made through Stripe, Pal Pal, Afterpay or other payment gateway service provider attached to this website (‘Payment
   Gateway Provider’). 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.
   (c) Following payment of the Purchase Price being confirmed by Imaage P/L, you will
   be issued with a receipt to confirm that the payment has been received and
   Imaage P/L may record your purchase details for future use.

(d) Your receipt of an order confirmation does not signify our acceptance of your order or our offer to sell. Imaage P/L reserves the right at any time after receipt of your order to accept or decline your order for any reason. We also reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must be pre-paid prior to dispatch.

(d) Please refer to our Return & Exchange policy 

6. Pricing & Currency

Advertised prices for products and services are displayed in Australian dollars ($AUD). All prices are subject to change and prices displayed are only valid online at the time shown. All transactions are processed in Australian Dollars ($AUD).

A Goods & Services Tax (GST) applies to most goods and services purchased within Australia. All prices listed on this website in Australian dollars are GST inclusive, unless otherwise stated.

7. Order Cancellation

You may cancel your order before the order is dispatched by Imaage P/L, or prior to any goods being decorated. We will refund you in full for the cancelled order/s. However, once the order is dispatched or decoration of the item has begun, you are unable to cancel the order.

Imaage P/L reserves the right to cancel your order if we are unable to process payment on the credit card provided. In addition, Imaage P/L reserves the right to cancel your order if the product has become unavailable or if, for any reason, we believe we cannot successfully complete delivery.

Imaage P/L will attempt to notify you before cancelling your order.

8. Warranty

All warranties offered are the manufacturer’s warranties and not that of Imaage P/L.

It is your responsibility to ensure that the products purchased are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements.

Faulty goods – Please refer your our Returns & Exchange policy 

9. 9. Delivery
   (a) You acknowledge that the Purchase Services offered by Imaage P/L integrate
   delivery (the ‘Delivery Services’) through the use of third party delivery
   companies (the ‘ Delivery Service Providers’).
   (b) In providing the Purchase Services, Imaage P/L may provide you with a variety of
   delivery options offered as part of the Delivery Services by the
   Delivery Service Providers. You acknowledge and agree that Imaage P/L is not the
   provider of these delivery options and merely facilitates your
   interaction with the Delivery Service Providers in respect to providing the Delivery

   (c) Loss of goods – The risk of loss of goods shall be passed to you upon our delivery of the product to our nominated delivery company. Imaage P/L will not be held responsible for any loss, damage or liability as a result of the Delivery Service provider. Once a tracking number has been provided it is the customers responsibility to follow up with the nominated Delivery Service provider.

(d) For freight pricing and more information, please refer to our shipping policy 

10. 10. Copyright and Intellectual Property
    (a) The Website, the Purchase Services and all of the related products of Imaage P/L
    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 Imaage P/L or its contributors.
(b) Imaage P/L 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 Imaage P/L; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark 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).
(d) You may not, without the prior written permission of Imaage P/L 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 content 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.

(e) You acknowledge that you are the copyright owner or have permission from the copyright owner of any content (content may include but is not limited to logos,images, graphics, artworks, videos, audio files, text) uploaded by you to the website.

By using this site you agree to indemnify Imaage P/L from any responsibility relating to the legal ownership or copyright of any content that are uploaded by you to this website. Refer to Clause 13 below for further information.

(f) You agree not to upload content that is deemed to be obscene, illegal, defamatory or pornographic.

(g) If you post content, and unless we indicate otherwise, you grant Imaage P/L a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its website and on any other marketing material Imaage P/L may create.

Where enabled, you may post reviews or make comments to our Website. Any content must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of “spam.” Imaage P/L reserves the right to remove such content at any time, and without providing notice to you.

11. 11. Privacy
    (a) Imaage P/L takes your privacy seriously and any information provided through
    your use of the Website and/or the Purchase Services are subject to Imaage P/L’s
    Privacy Policy 
12. General Disclaimer
    (a) You acknowledge that Imaage P/L does not make any terms, guarantees,
    warranties, representations or conditions whatsoever regarding the Products other
    than provided for pursuant to these Terms.
    (b) Imaage P/L 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.
    (c) 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.
    (d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(ii) Imaage P/L 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, tort
(including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Imaage P/L
(including the Delivery Services), is at your own risk. Everything on the Website,
the Purchase Services, and the Products of Imaage P/L, 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 Imaage P/L 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 Imaage P/L) 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:
(i) 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;
(ii) 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);
(iii) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(iv) the Content or operation in respect to links which are provided for the
User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

13. Limitation of Liability
    (a) Imaage P/L’s total liability arising out of or in connection with the Purchase
    Services or these Terms, however arising, including under contract, tort (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 Price, then the total liability of Imaage P/L is the resupply of information
    or Purchase Services to you.
    (b) You expressly understand and agree that Imaage P/L, 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.
    (c) Imaage P/L 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 Imaage P/L, by third parties or by any of the Purchase Services offered
    by Imaage P/L.
    (d) You acknowledge that Imaage P/L does not provide the Delivery Services to you
    and you agree that Imaage P/L 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.

14.Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Imaage P/L
as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Imaage P/L at any time; and
(ii) closing your accounts for all of the Purchase Services which you use,
where Imaage P/L has made this option available to you.
(c) Your notice should be sent, in writing, to Imaage P/L via the ‘Contact Us’ link on
our homepage.

(d) If you terminate the terms and then browse, become a member or sign up through the site. You will again be bound by the terms.
(e) Imaage P/L may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Imaage P/L is required to do so by law;
(iii) the partner with whom Imaage P/L offered the Purchase Services to you
has terminated its relationship with Imaage P/L or ceased to offer the
Purchase Services to you;
(iv) Imaage P/L 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
(v) the provision of the Purchase Services to you by Imaage P/L is, in the
opinion of Imaage P/L, no longer commercially viable.
(f) Subject to local applicable laws, Imaage P/L 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 Imaage P/L’s name or reputation or violates the
rights of those of another party.
(g) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Imaage P/L 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.

15. Indemnity
    (a) You agree to indemnify Imaage P/L, its affiliates, employees, agents, contributors,
    third party content providers and licensors from and against:
    (i) 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 or its social media channels;
    (ii) 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
    (iii) any breach of the Terms.
16. Dispute Resolution

(a) 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
sought).
(b) 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.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(i) 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;
(ii) If for any reason whatsoever, 30 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 department of fair trading;
(iii) 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;
(iv) The mediation will be held in an address nominated by Imaage P/L,
Australia.
(d) 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.
(e) Termination of Mediation:
If 28 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.

17. Venue and Jurisdiction
    (a) The Purchase Services offered by Imaage P/L 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 New South Wales, Australia.
18. Governing Law
    (a) The Terms are governed by the laws of New South Wales, 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 New South Wales 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.
19. Severance
    (a) 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.