The Artisan Nasitra Pty ltd Web Site at www.artisan.com.au (the Web Site) is owned and operated by Artisan Nasitra Pty Ltd (ABN 48100827350). In using this Web Site, you agree to be bound by these terms and conditions (Terms of Use). If you do not accept these terms and conditions, you must refrain from using the Web Site.

These terms and conditions must be read in conjunction with any other applicable terms, conditions and notices governing the use of this Web Site. Artisan may change the Terms of Use at any time. Your continued use of the Web Site after any change constitutes your acceptance of the change. Since you are bound by these Terms of Use, we recommend that you regularly refer to them. If you violate these Terms of Use, Artisan reserves its right to take appropriate legal action against you (including injunctive or other equitable relief).

Disclaimer

Artisan does not promise that the Site will be error-free or uninterrupted. The Web Site and its content are delivered on an “as-is” and “as-available” basis. Artisan can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. Artisan disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Artisan makes no guarantee of any specific result from use of this Web Site.

Artisan disclaims any and all liability for the acts, omissions and conduct of any third party users, Artisan users, contributors to the Web Site, and advertisers or sponsors, related to your use of the Web Site in any way. Artisan is not responsible for the products, services, advice, actions or failure to act of any designer, prospective employer or other third parties in connection with or referenced on the Web Site. Where the information made available over the Web Site contains opinions or judgements of third parties (including designers, marketing companies, and other contributors referenced or featured on the Web Site), Artisan does not purport to endorse the contents of that opinion or advice, and will not accept liability for loss or damage caused by your reliance upon any information obtained through this service.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Web Site to Artisan by clicking here. Artisan may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Artisan be liable to you for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with your access to or use of this Web Site, or any linked Web Site, including lost opportunity or profits, even if Artisan has been advised of the possibility of such damages.

Where legislation prohibits Artisan from excluding or modifying the application of liability, the liability will be limited, at Artisan’s option, to one or more of the following:

• if the breach relates to goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
• if the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify and hold Artisan, its subsidiaries, affiliates, officers, agents, contractors and other partners and employees, harmless from any loss (including indirect or consequential loss), liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Web Site, including also your use of the Web Site to provide a link to another site or to upload content or other information to the Web Site.

Intellectual Property

Copyright in this Web Site (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by Artisan. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means: adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this Web Site; or commercialise or exploit any information, products or services obtained from any part of this Web Site; without Artisan’s written permission or, in the case of third party material, from the owner of the copyright in that material. Unless Artisan agrees otherwise in writing, you are provided with access to this web site only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this Web Site for your personal use, unless expressly prohibited by Artisan. Without limiting the foregoing, you may not without written permission from Artisan on-sell information obtained from this Web Site.

User-generated Content

You warrant that you are the owner of, or are licensed to use, all intellectual property rights in content you submit to the Web Site. Users who submit content to this Web Site, whether articles, images (moving and still), graphics, sound, stories, software or other copyrightable material, consent to Artisan acting as royalty-free, non-exclusive world-wide licensees of the intellectual property subsisting in the material to use, copy, sub-licence, re-distribute, adapt, transmit, publish and/or broadcast, publicly perform & display on any media platform and by any means. Artisan will use its best endeavours to inform you prior to making any subsequent or additional reproductions and public displays of your submitted content apart from the Web Site, but in the event that this is impracticable, you acknowledge that by accepting these Terms of Use, you grant Artisan these successive rights.

Notwithstanding its right to supervise, Artisan has no obligation whatsoever to monitor user-generated content and accepts no responsibility or liability for the content submitted. You must ensure that the content you upload does not infringe the copyright, moral or other rights of third parties (such as privacy or publicity rights), and you agree to indemnify Artisan against any third party claim it suffers as a result of your use of the Web Site in breach of this clause.

Visitors to the Web Site who believe their intellectual property rights (including, but not limited to, copyright) are being infringed can issue a Take Down Notice. Please contact Artisan by clicking here.

Permitted Use

These Terms of Use entirely replace any implied licence terms that might otherwise apply to the material on this Web Site. Artisan explicitly prohibits use of the material on this Web Site in any manner other than as expressly licensed in these Terms of Use. With regards to your use of or participation in any interactive facility on the Web Site, you agree that: you are legally responsible for all content you submit; Artisan retains the right to edit, delete or refuse to publish any content or material in its sole discretion, and without attribution or authorship, or by bearing false authorship or by modifying or altering the material even if such modification may otherwise constitute derogatory treatment of the material; under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; Artisan may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Web Site, including providing any and all information about you held by Artisan (whether of a personal nature or otherwise), to those entities; you will not:

• post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
• post or transmit false or misleading material or make any form of misleading or deceptive representation;
• knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
• exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or spam or any other means that is contrary to the commercial or lawful interests of Artisan);
• provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
• delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Web Site; and
• at the request of Artisan you agree to do all things necessary and desirable, either to give effect to these Terms of Use or to help Artisan comply with all regulatory directions and obligations.

Linked Web Sites

The Web Site may reference or link to third party sites on the internet. Artisan has no control over these sites or the content within them. Artisan cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Artisan does not endorse the content of any third party site, nor does it warrant that they will not contain viruses or otherwise impact your computer. By using the Web Site to search for or link to another site, you agree and understand that you may not make any claim against Artisan for any damages or losses, whatsoever, resulting from your use of the link to another site.

Internet Safety

This Web Site seeks to adhere to the Internet Industry Code of Practice (IICP) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, Artisan:

• encourages those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for Minors according to the Classification Act and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content;
• notifies you that you must not place on the Web Site content that is in contravention of any Australian State, Territory or Commonwealth law;
• encourages you read the Internet Industry Association Guide for Internet Users for information about methods of supervising and managing children’s access to internet content and Internet Industry Association Family Friendly Filters here;
• notifies you that placing content on the internet may subject Artisan or other users to legal responsibilities under applicable State, Territory or Commonwealth law;
• notifies you that you have a right to make complaints to the Australian Communications and Media Authority about any material that may be considered to be Prohibited Content or Potential Prohibited Content in accordance with Classification Guidelines, here
• encourages you to please contact Michael Broderick if you would like to make a complaint about any of the content shown on the Web Site, or any queries regarding unsolicited emails received from Artisan, or for further information regarding the above obligations.

Artisan asks the Australian Communications and Media Authority to contact Michael Broderick to send any takedown notices.

Privacy Policy

You consent to your personal information being used and/or disclosed for any reasons given to you by Artisan in relation to the collection, use and disclosure of your personal information. For example, you consent to Artisan using and disclosing your personal information for the purposes of profiling your skills on the Web Site, matching you with prospective employers, or sending updated information and other promotional material to you.

Artisan undertakes to comply with the terms of its Privacy Policy which can be viewed in full here.

Governing Law

These Terms of Use are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.