Terms & Conditions
Updated October 2021
WEBSITE TERMS OF SERVICE
Welcome to www.sarahyarrowinteriors.com.au (‘Website’). Throughout the Website, the terms ‘Us’, ‘We’, ‘Our’ refer to SARAH YARROW INTERIORS ABN 48 517 078 121 trading as Sarah Yarrow Interiors.
We offer the Website, including all information, content, services, tools and products (collectively ‘Products and Services’) available from the Website to you the user (‘You’, ‘Your’ or ‘User’) conditioned upon Your acceptance of all terms, conditions, policies (including but not limited to the Privacy Policy) and notices published on the Website from time to time (collectively the ‘Terms of Service’).
By accessing or using any part of the Website You agree to be bound by the Terms of Service.
These Terms of Service apply to all Users of the Website including without limitation Users who are browsers, vendors, customers, members, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the Website. If You do not agree to all the Terms of Service, then You may not access the Website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, content or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Headings used in the Terms of Service are included for convenience only and will not limit or otherwise affect their meaning.
TERMS OF USE
a. By agreeing to these Terms of Service, You represent and warrant that You:
i. are at least 18 years of age;
ii. will only use the Website, the Products and Services lawfully; and
iii. will adhere to any age restrictions which apply to any Product or Service.
b. A breach or violation of any of the Terms of Service will result in an immediate termination of Your Products and Services.
PROHIBITED USES
a. In addition to other prohibitions as set out in these Terms of Service, You are prohibited from:
i. violating these Terms of Service;
ii. violating the terms of any applicable third party;
iii. using the Website or the Products and Services in any way which We consider inappropriate or which might bring Us, the Products and Services or other Users into disrepute, including (without limitation):
A. for any unlawful, deceptive or fraudulent purpose;
B. to solicit others to perform or participate in any unlawful acts;
C. to violate any regulation, rule, law, ordinance or the like;
D. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
E. to harass, abuse, stalk, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability or otherwise interfere, infringe or violate the rights of any other party;
F. to upload or transmit viruses or any other type of malicious code or technology that will or may affect the functionality or operation of the Website, the Products and Services, other websites or the Internet;
G. to collect or track the personal information of others;
H. to spam, phish, pharm, pretext, spider, crawl, or scrape;
I. circumvent or manipulate our fee structure, the billing process, or monies owed to Us;
J. to gain or attempt to gain unauthorised access to Our computer network or User accounts;
K. to attempt to damage, disable, overburden, or impair our servers or networks;
L. interfering with any other User;
M. for any obscene or immoral purpose;
N. to interfere with or circumvent the security features of the Website, the Products and Services, other websites or the Internet; or
O. facilitating or assisting a third party to do any of the above acts.
b. We reserve the right to terminate Your use of the Website, the Products and Services or any related website for violating any of the prohibited uses.
GENERAL CONDITIONS
a. We reserve the right to refuse the Website or the Products and Services to anyone for any reason at any time.
b. You understand that by using the Website, Your content, may be transferred unencrypted and involve:
i. transmissions over various networks; and
ii. changes to conform and adapt to technical requirements of connecting networks or devices.
c. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Products and Services without express written permission by Us.
ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
a. While We use all reasonable efforts to ensure that all information on the Website (Information) is accurate and up to date, occasionally there may be Information on the Website that contains inaccuracies, omissions, typographical errors or is out of date in respect of, but not limited to descriptions, pricing, promotions, offers and availability.
b. We do not give any warranty or representation as to the accuracy, validity, reliability, completeness or timeliness of the Information.
c. The use of this Website and the Information is at Your own risk and We accept no liability to any person or entity for any loss, damage or cost incurred as a result of reliance on the Information.
d. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update the Information or cancel orders if any Information is inaccurate at any time without prior notice (including after You have submitted an order).
MODIFICATIONS TO THE PRODUCTS, SERVICE AND PRICES
a. All descriptions of Products and Services and associated pricing are subject to change at any time without notice, at Our sole discretion.
b. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Website or a Product or Service.
c. Certain Products and Services may be available exclusively online through the Website and may have limited quantities.
d. We reserve the right, but are not obligated, to limit or prohibit the sales of Our Products and Services to any person, geographic region or jurisdiction.
e. Any offer for any Product and Service made on the Website is void where prohibited.
f. We do not warrant that the quality of any Product or Service purchased or obtained by You will meet Your expectations.
g. We have made every effort to display as accurately as possible the colours and images of Our Products and Services, however We cannot guarantee that Your computer monitor's display of any colour will be accurate
h. We have made every effort to describe as accurately as possible Our Products and Services, however We do not warrant that product descriptions are accurate, complete, reliable, current or error-free.
THIRD-PARTY LINKS
a. Certain content available via Our Website may include materials from third-parties.
b. Third-party links on the Website may direct You to third-party websites that are not affiliated with Us.
c. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
d. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
e. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction.
f. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a. If, at Our request, You send specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), You agree that We may, at any time, without consent, restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to Us.
b. We are and shall be under no obligation to:
i. maintain any Comments in confidence;
ii. pay compensation for any Comments; or
iii. respond to any Comments.
c. We may, but have no obligation to, monitor, edit or remove Comments that We determine in Our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
d. You agree that Your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
e. You further agree that Your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website.
f. You may not use a false e‑mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any Comments
g. You are solely responsible for any Comments You make and their accuracy.
h. We take no responsibility and assume no liability for any Comments posted by You or any third-party.
COPYRIGHT AND INTELLECTUAL PROPERTY
a. The Website and the Products and Services contain material which is owned by or licensed to Us (or Our affiliates and/or third party licensors as applicable) and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, design, images, graphics, layout, appearance and look of the Website and the Products and Services.
b. Our logo and other material used in connection with the Website and the Products and Services are unregistered or registered trademarks of Us (collectively ‘Marks’).
c. ‘Intellectual Property’ includes all code, algorithms, copyright, fees, pricing, registered and unregistered Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Us (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms, goodwill in the business and Website and the Products and Services, trade, business, company or organisation names, internet domain names, images and layout.
d. You agree that, as between You and Us, We own all Intellectual Property rights in the Website and the Products and Services and that nothing in these Terms constitutes a transfer of any Intellectual Property rights.
e. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed on the Website and in the Products and Services. f. The Website and the Products and Services is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and may have security components that protect digital information only as authorised by Us.
g. Other trademarks, service marks, graphics and logos used in connection with the Website and the Products and Services are the trademarks of their respective owners (collectively ‘Third Party Marks’).
h. The Intellectual Property, Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder.
i. Users do not obtain any interest or licence in the Intellectual Property, Marks or Third Party Marks without the prior written permission of Us or the applicable trademark holder.
j. Users may not do anything which interferes with or breaches the Intellectual Property rights.
PERSONAL INFORMATION
a. We respect the privacy of Our Users and have created a Privacy Policy that sets out the rights and responsibilities regarding personal information disclosed on the Website.
b. Please read our Privacy Policy for more information.
DISCLAIMERS
a. We provide the Website and the Products and Services as is, and You use the Website and the Products and Services at Your own risk.
b. To the fullest extent allowable under applicable law, We disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Website or the Products and Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Website or the Products and Services by a User is in compliance with laws applicable to the User or that information transmitted in connection with the Website or the Products and Services will be successfully, accurately or securely transmitted.
c. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Information, technical accessibility, fitness or flawlessness of the Website or the Products and Services or that Your use of the Website or the Products and Services will not infringe rights of third parties.
d. You agree that from time to time We may remove the Website or the Products and Services for indefinite periods of time or cancel the Website or the Products and Services at any time, without notice to You.
LIMITATION OF LIABILITY
a. As a condition of using the Website and the Products and Services, and in consideration of the Website and the Products and Services provided by Us, We exclude and You agree to the fullest extent allowable under applicable law, in no event shall We or Our related bodies corporate:
i. be liable to the User or any third party with respect to use of the Website and the Products and Services; and
ii. be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of User information, Information or data, the inability to use the Website or the Products and Services or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
A. the use of the Website or the Products and Services by You, including but not limited to damages resulting from or arising from Your reliance on the Website
or the Products and Services, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the
Website or the Products and Services;
B. any unauthorised access to or use of Our servers and /or any personal information or financial information stored therein;
C. any errors or omissions in any Information;
D. the disclosure of any of Your information;
E. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms of Service or any transaction; or
F. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond Our reasonable control.
b. To the fullest extent allowable under applicable law, the maximum aggregate liability of Us or other affiliated companies to a User, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Website or the Products and Services, is the amount that the User pays, if any, to Us for access to or use of the Website or the Products and Services during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
c. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
INDEMNIFICATION
a. By using the Website and/or the Products and Services, You agree to defend and indemnify and hold Us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to Your use of or access to the Website or the Products and Services, any breach by You of these Terms or Service, any wilful, unlawful or negligent act or omission by You and any violation by You of any applicable laws or the rights of any third party.
b. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
CONTACT FORM
When You enter Your details through Our Contact Form, You are submitting an Enquiry that will lead to one of two types of ‘Consultation’. You must provide Us with accurate information, including Your name, email address, contact phone number, project address, and project details. Once You have submitted an Enquiry, We will be in touch with You to set up a scheduled call which you can book via the Calendly link we email you back with or on Our website. Project Consultation or a One-Off Consultation (‘Consultations’).
PROJECT CONSULTATION
Project Consultations are one of the Services We offer, and may lead to Us working together on Your Project as part of our Full Service Design offering. Project Consultations incur a fee of $1500, which is payable in full 7 days after Your booking, or 5 days prior to the Project Consultation, whichever occurs first. Their duration is up to 2 hours and they are conducted in person (if You are within 50km of Sutherland Shire New South Wales). An additional Travel Fee is payable if the project is located outside of this radius, with fees starting at a minimum $100. Interstate and International Travel Fees will be quoted on a custom basis and quoted at time of booking. All Travel Fees are payable in full under the same terms as the Consultation fee. Following the Project Consultation, We will provide You with a draft action plan and, if We deem appropriate, a quote for Our Services. If You accept the quote, the Services will proceed at Our discretion. Providing You with a Project Consultation does not guarantee that We will have the capacity to undertake any further Services.
ONE-OFF CONSULTATION
One-Off Consultations are an additional Service that We offer in order to provide You with advice or answer questions regarding the interior of Your home. One-Off Consultations incur a fee of $1500, which is payable in full immediately on booking. One-Off Consultations duration is up to 2 hours and they are conducted in person (if You are within 50km of Sutherland Shire New South Wales). An additional Travel Fee is payable if the project is located outside of this radius, with fees starting at a minimum $100. Interstate and International Travel Fees will be quoted on a custom basis and quoted at time of booking. All Travel Fees are payable in full under the same terms as the Consultation fee. Following the One-Off Consultation, We will provide You with follow up notes and suggested action plan for You to execute independently. No further service or action is included in this.
Virtual CONSULTATION
Virtual Consultations are an additional Service that We offer in order to provide You with advice or answer questions regarding the interior of Your home. Virtual Consultations incur a fee of $600, which is payable in full immediately on booking. Virtual Consultations are 60 minutes in duration and are conducted via Zoom. No further communication following the Virtual Consultation is included in this Service. Should You wish to engage Our Services following a Virtual Consultation, You will need to book another consultation via the Calendly link.
CANCELLATION OF INITIAL CONSULTATIONS
Should You need to cancel Your Consultation, at least 7 business days’ notice is required. Please refer to our Refund policy for details regarding refunds.
PRICES AND PAYMENT
All prices are as advertised on the Site and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to You. If You have purchased Our Products or Services, it will be charged at the price in force at the time a customer’s order is validated.
We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to You, or to a third party for any modification, price change, suspension or discontinuance of the product or service.
We may from time to time provide discounted Products and/or Services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where You add more than one discount code. We allow You to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to Your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer visitors who want to purchase from Our Site the option to pay for the Products and/or Services by credit card or such other methods of payment. You acknowledge and agree to make timely and full payments to Us for the Products and/or Services purchased. Where You use a credit card, You warrant that You have the necessary rights and authority to use that credit card. You authorise Us to automatically charge the credit card on file for any payment balances owed and agree to keep all billing information current at all times. Where You fail to make payment or payment is declined for any reason, We may revoke Your access to the Products.
PAYMENTS
Payments for Consultations can be made via bank transfer or credit card in accordance with our invoice after Your booking has been confirmed. Credit card payments will incur a service fee of 1.75% of the total invoice. Payments for Services are to be made in accordance with our Services Agreement, which You will receive on acceptance of Your Project by Us.
REFUNDS
Refunds are offered only where required under Australian Consumer Law, at Our sole discretion, or otherwise in accordance with the information provided on the Site or in these terms and conditions.
Where there are requirements or criteria to be able to receive a refund, the decision regarding this refund remains at Our sole discretion. Once these items are approved for purchase in writing and/or a deposit has been paid, We often cannot return or refund them to suppliers, especially in the case of custom-designed and made-to-order pieces, including cushions. Please consider Your choices carefully as We cannot take responsibility for change of mind once the order is processed
Refunds are only provided for Consultations with at least 7 business days’ written notice. If You need to reschedule Your Consultation, at least 5 business days’ written notice must be provided, otherwise We reserve the right to cancel Your Consultation and You will not be entitled to a refund.
MISCELLANEOUS
a. Headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect their meaning.
b. The failure of Us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
c. Any ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting party.
d. These Terms of Service, the Website and the Products and Services are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
e. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
f. You agree to use Your best endeavours to resolve any dispute arising out of or relating to these Terms, with Us, prior to resorting to any external dispute resolution process. Please notify Us in writing of any dispute You may have.
g. In respect of the subject matter of the Terms of Service, the Terms of Service contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms of Service and do not affect the interpretation or meaning of the Terms of Service and each of the parties has relied entirely on its own enquiries before entering into the Terms of Service.
h. For any questions or notice, please contact Us at:
Name: Sarah Yarrow Interiors ABN 48 517 078 121
Email: hello@sarahyarrowinteriors.com
Last updated: May 2022
