Terms of use

1. About the Website
(a) Welcome to www.illustare.com (Website). The Website offers [Description of Services].

(b) The Website is operated by ILLUSTARÉ (ACN 34 660 711 259). Access to and use of the Website, or any of its associated products or services, is provided by ILLUSTARÉ. Please read these terms and conditions (Terms) carefully. By using, browsing, and/or reading the Website, you signify 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 the Services immediately.

(c) ILLUSTARÉ reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ILLUSTARÉ updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

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 ILLUSTARÉ in the user interface.

3. Registration to Use the Services
(a) In order to access the Services, you must first register for an account through the Website (Account).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(c) You warrant that any information you provide to ILLUSTARÉ in the course of completing the registration process will always be accurate, correct, and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

(i) You are not of legal age to form a binding contract with ILLUSTARÉ; or
(ii) You are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.
4. Your Obligations as a Member
(a) As a Member, you agree to comply with the following:

(i) You will use the Services only for purposes that are permitted by:

(A) The Terms; and
(B) Any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) You are solely responsible for protecting the confidentiality of your password and/or email address. The use of your password by any other person may result in the immediate cancellation of the Services.

(iii) Any use of your registration information by other people or third parties is strictly prohibited. You agree to immediately notify ILLUSTARÉ of any unauthorised use of your password or email address or any breach of security of which you become aware.

(iv) Access and use of the Website are limited, non-transferable, and allow for the sole use of the Website by you for the purposes of ILLUSTARÉ providing the Services.

(v) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of ILLUSTARÉ.

(vi) You will not use the Services or Website for any illegal and/or unauthorised use, which includes collecting email addresses of Members for the purpose of sending unsolicited emails 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 the termination of the Services. Legal action will be taken by ILLUSTARÉ for any illegal or unauthorised use of the Website.

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

5. Payment
(a) Where the option is given, you may make payment for the Services (Services Fee) via:

(i) Credit Card Payment (Credit Card)
(ii) PayPal (PayPal)
(b) All payments made in the course of your use of the Services are made using [Payment Provider]. By using the Website and Services or making any payment, you warrant that you have read, understood, and agree to be bound by the [Payment Provider] terms and conditions available on their website.

(c) You acknowledge and agree that where a request for payment of the Services Fee is returned or denied by your financial institution, you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that ILLUSTARÉ can vary the Services Fee at any time.

6. Refund Policy
ILLUSTARÉ will only provide a refund of the Services Fee if it is unable to continue providing the Services or if the manager of ILLUSTARÉ decides, at its absolute discretion, that it is reasonable to do so under the circumstances.

7. Copyright and Intellectual Property
(a) The Website, the Services, and all related products of ILLUSTARÉ are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and international treaties. All rights (including copyright) in the Services and compilation of the Website are owned or controlled by ILLUSTARÉ or its contributors.

(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by ILLUSTARÉ, which grants you a non-exclusive, royalty-free license to:

(i) Use the Website pursuant to the Terms.
(ii) Copy and store the Website material in your device’s cache memory.
(iii) Print pages from the Website for your personal, non-commercial use.
(c) ILLUSTARÉ retains all rights, title, and interest in the Website and related Services. Nothing you do on or in relation to the Website will transfer any rights to you.

(d) You may not, without written permission from ILLUSTARÉ or relevant rights owners, broadcast, republish, upload, transmit, post, distribute, show, or play the Services or third-party Services for any purpose.

8. Privacy
ILLUSTARÉ takes your privacy seriously. Any information provided through your use of the Website and/or Services is subject to ILLUSTARÉ’s Privacy Policy, available on the Website.

9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied by law, including the Australian Consumer Law, which cannot be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) All terms, guarantees, warranties, representations, or conditions not expressly stated in the Terms are excluded.
(ii) ILLUSTARÉ will not be liable for any special, indirect, or consequential loss or damage arising out of or in connection with the Services or these Terms.
(c) Use of the Website and Services is at your own risk. Everything on the Website and the Services is provided "as is" and "as available," without warranty of any kind.

10. Limitation of Liability
(a) ILLUSTARÉ's total liability arising from or in connection with the Services or these Terms will not exceed the resupply of the Services to you.

(b) You agree that ILLUSTARÉ, its affiliates, employees, agents, contributors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages.

11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or ILLUSTARÉ.

(b) If you wish to terminate the Terms, you may do so by providing ILLUSTARÉ with [Number] days’ notice and closing your account(s).

(c) ILLUSTARÉ may terminate the Terms with you at any time if you breach any provision of the Terms or if it is required by law.

12. Indemnity
(a) You agree to indemnify ILLUSTARÉ, its affiliates, employees, agents, contributors, third-party content providers, and licensors from any actions, suits, claims, demands, liabilities, costs, expenses, losses, and damages arising from your content, use, or access to the Website.

13. Dispute Resolution
(a) If a dispute arises, you must give written notice to the other party detailing the nature of the dispute. The parties must attempt to resolve the dispute within [Number] days through good faith negotiation or mediation.

14. Venue and Jurisdiction
The Services are intended for residents of Australia. Any dispute arising from or related to the Website shall be resolved in the courts of [Location], Australia.

15. Governing Law
These Terms are governed by the laws of [State], Australia.

16. Independent Legal Advice
Both parties confirm that the Terms are fair and reasonable and that they have taken the opportunity to seek independent legal advice.

17. Severance
If any part of these Terms is found to be unenforceable, that part shall be severed, and the remainder of the Terms shall remain in force.