Kate Kerin Interiors

Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.kkinteriors.com.au (Website). The Website is operated by Kate Kerin Interiors Pty Ltd t(ABN: 20 664 415 785) (Kate Kerin Interiors).

1.2. The Website provides you with an opportunity to browse Kate Kerin Interiors’ services, make bookings for paid services (Bookings) that have been made available through the Website, and access and download free digital products (Eproducts) (collectively referred to as the Services).

1.3. Access to and use of the Website, or any of its associated Services, is provided by Kate Kerin Interiors. Please read these terms and conditions (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 immediately.

1.4. Kate Kerin Interiors reserves the right to review and change any of the Terms by updating this page at its sole discretion. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or accessing the Website. If you do not agree with these Terms, you must immediately cease using the Website.

3. Bookings of Services

3.1. Kate Kerin Interiors requires bookings and purchases for the Services made available via the Website, to be made via the available booking system (Booking System).

3.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.

3.3. If you choose to proceed with making a Booking, you will be bound by the terms and conditions provided to you at the point of purchase.

3.4. In using the Website to make a Booking, you will agree to the payment of the purchase price listed on the Website for the applicable Services (Purchase Price).

3.5. Payment of the Purchase Price may be made through the available payment methods provided by third-party payment processors (Payment Gateway Providers). You agree to be bound by the terms and conditions of these Payment Gateway Providers when making payments.

3.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

4. Warranty

4.1. Kate Kerin Interiors will make its best efforts and take all reasonable steps to help you achieve the desired results. However, Kate Kerin Interiors makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.

4.2. The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Kate Kerin Interiors and, where applicable, are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

5. Disclaimer

5.1. You are solely responsible for creating and implementing Your own personal, business, and financial decisions, choices, actions and results arising out of or resulting from the Services and your interactions with Kate Kerin Interiors. As such, You agree that Kate Kerin Interiors is not and will not be liable or responsible for any actions or inaction, including effects on Your business or personal life, or for any direct or indirect result of any Services provided by Kate Kerin Interiors.

5.2. You understand that the Website and the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for business or financial advice. Kate Kerin Interiors recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Services. Kate Kerin Interiors will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You.

6. Information Disclaimer

6.1. Any information, advice, content or documentation provided on the Website, through the Services, Eproducts, Blog, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

6.2. All care is taken in the preparation of the information and published materials on the Website, through the Services, Eproducts, Blog, social media accounts, podcast, or on any other related platform. Kate Kerin Interiors does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

6.3. To the extent permissible by law, Kate Kerin Interiors will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, Eproducts, Blog, social media accounts or on any other related platform.

7. Copyright and Intellectual Property

7.1. The Website, the Services of Kate Kerin Interiors 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Kate Kerin Interiors or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Kate Kerin Interiors, which grants you a worldwide, non-exclusive, royalty-free, revocable license to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device's cache memory; and

7.3. Kate Kerin Interiors does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Kate Kerin Interiors.

7.4. Kate Kerin Interiors retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7.5. You may not, without the prior written permission of Kate Kerin Interiors 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 Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

Kate Kerin Interiors takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Kate Kerin Interiors' Privacy Policy, which is available on the Website and incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

9. General Disclaimer

9.1. Nothing in the 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.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Kate Kerin Interiors 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Kate Kerin Interiors make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Kate Kerin Interiors) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) 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;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of Kate Kerin Interiors; and

(d) the Services or operation in respect to links which are provided for your convenience.

10. Third Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Kate Kerin Interiors does not control any Third-Party Services. Kate Kerin Interiors additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Kate Kerin Interiors will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

11. Limitation of liability

11.1. Kate Kerin Interiors' total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the greater of: (a) the resupply of the Services to you; or (b) the total amount paid by you to Kate Kerin Interiors for the Services in the 12 months preceding the incident giving rise to the liability.

11.2. You expressly understand and agree that Kate Kerin Interiors, its affiliates, employees, agents, contributors and licensors will 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 will 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.

12. User Generated Content

12.1. If you choose to contribute any content to the Website or any other platform operated by Kate Kerin Interiors, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

12.2. By contributing content to the Website, you grant Kate Kerin Interiors a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Kate Kerin Interiors.

12.3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Kate Kerin Interiors can use that information with Your Content for advertising and promotional purposes, or any other business purpose, subject to our Privacy Policy and applicable privacy laws.

12.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Kate Kerin Interiors social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Kate Kerin Interiors. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

12.5. Please ensure you keep your own copies of Your Content as Kate Kerin Interiors may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

12.6. Kate Kerin Interiors will endeavour to provide you with an appropriate credit when using Your Content on Kate Kerin Interiors platforms, though you understand and agree this may not always be possible.

12.7. Kate Kerin Interiors reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religious or otherwise objectionable and offensive.

13. Mailing List Registration

13.1. You may be given the option to register for the Kate Kerin Interiors Mailing List (Mailing List).

13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.

13.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Kate Kerin Interiors.

14. Indemnity

14.1. You agree to indemnify Kate Kerin Interiors, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all losses, damages, costs, expenses and liabilities arising from:

(a) 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 Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

15. Marketing

By submitting testimonials or reviews related to the Services provided by Kate Kerin Interiors, you grant Kate Kerin Interiors a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such testimonials or reviews in any media, for marketing, advertising, and promotional purposes. You acknowledge that Kate Kerin Interiors may use your testimonials or reviews with your full name, or anonymously, and agree that Kate Kerin Interiors is under no obligation to compensate you for the use of your testimonials or reviews.

16. Venue and Jurisdiction

The Services offered by Kate Kerin Interiors are 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 will be in the courts of New South Wales, Australia.

17. Governing Law

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 will be governed pursuant to the laws of New South Wales, Australia.

18. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

19. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.

This document was last updated: 1/10/2025