Our Terms of Use
Welcome to White Forest Design. White Forest is an Australian-based business offering bespoke interior design services in the residential, commercial, hospitality and alpine industries. Thank you for visiting our Website and respecting our Terms of Use. If you have questions at any time, please do not hesitate to contact us. The Website, https://www.whiteforest.com.au/ and any associated platforms and applications (Website) is owned and operated by Amanda Jane Primett t/as White Forest Design ABN 82 909 596 017 (White Forest, "we", "our", "us"). These Terms of Use (Terms) apply to all visitors, users and others who access or use the Website. By browsing, accessing, using the Website or purchasing a product or service from us, you agree to be legally bound by these Terms. If you disagree with any part of the Terms then you may not access the Website. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you purchase products from us or use our Website.
User Accounts & Personal Details
You agree and acknowledge that all information and Personal Data you provide to Us will be true, accurate, current and complete. Your Personal Data will be treated strictly and in accordance with our Privacy Policy. Read it carefully for information on how we collect, use, store and disclose your personal data and information. Please note that we endeavour to take the utmost care with Personal Data provided to use by or on behalf of students or minors and we only collect such data in instances where we are required to do so to provide a comprehensive service. Please only provide data as it relates to a student or young person if you feel comfortable to do so. However, withholding this data from us may prevent us from providing our services to the full extent of our abilities.
Website Use
We want the White Forest Design Website to be a place of joy, respect and in line with our brand values. You agree to use the Website, Services and Products in a safe and responsible manner, in accordance with the Terms and all other policies and notices that form part of these Terms. You agree:
(a) To comply with all laws, rules and regulations applicable to your use of the Products, Services and Website.
(b) Not to interfere or disrupt the Website or servers or networks connected to the Products, Services or Website or use the Products, Services or Website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other conduct that infringes the rights of ours or others.
(c) Not to use the Products, Services or Website, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to; incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Products, Services or Website, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms.
(d) You must not breach the security or authentication procedures of the Products, Services or Website, or any network connected to the Products, Services or Website, in an attempt to gain unauthorised access to any part of the Products, Services or Website by hacking, password “mining” or any other illegitimate means.
(e) You may not manipulate identifiers in order to disguise the origin of any communication you send to or through White Forest Design. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity. You may only provide data on behalf of another person if that person is a minor under your care or you have express permission to do so.
(f) You must not harvest or collect email addresses, photographs or personal information of other Users. Thank you for respecting our Website security and the safety of its visitors.
Intellectual Property
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics and copyrighted works contained within the Website and Products. By accessing and using the Website and/or any associated Products and Services, you acknowledge and agree that:
(a) We are the owner of all rights, titles and interests in all present and future rights to the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property.
(b) You have no ownership, right, title or interest in or to the Website, Products or Services.
(c) You will respect the Intellectual Property Rights of others, including but not limited to White Forest Design, users, licensors, external service providers and third parties, by not using, reproducing or exploiting any Content or user content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
(d) Any use, downloading, uploading, transmission, distribution, copying, adaption, modification, communication or reproduction of any part of the Website, the content (including but not limited to any data, information, e-Newsletters, software, text, blogs, images, movies, animations, links or other references to other websites, persons or information or any other digital media that may be displayed, delivered through or otherwise embodied in the Website) or the Intellectual Property is strictly prohibited unless necessary for, and incidental to, your personal (non-commercial) access and use of the Website (or with Our prior written authorisation).
(e) Unless We have granted you a license to Our Intellectual Property, Our provision of access to the Website or its’ Products and Services to you does not give you any license to Our Intellectual Property. Any rights not expressly granted herein are reserved.
(f) These Terms do not transfer any Intellectual Property Rights from White Forest Design to you or any third parties. If you infringe the Intellectual Property Rights of White Forest Design, its affiliated entities or any other third party, We have the right to deny access to or terminate your use of the Website, Services and/or Products (or any related services).
(g) You are granted no right or license with respect to the White Forest Design trademarks, service marks, graphics and logos used in connection with the Products, Services or Website (or any related services).
We expressly reserve all Intellectual Property rights in respect of all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these Terms. To the extent that you make any user content available through or in connection with Our Website, Services or Products, you grant Us a non-exclusive, perpetual, irrevocable, transferable, non-sub-licensable, worldwide, royalty-free license to use, copy, cache, store, archive, reproduce, record, modify, publicly display, publicly perform, publish, republish promote, exhibit, distribute, transmit, broadcast, synchronise, edit, adapt, sublicense, create derivative works based upon your user content in connection with operating and providing the Products or Services (and the advertising, marketing and promotion thereof).
Disclaimers
Quality of the Website
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. From time to time there may be information on our Website or in our online catalogue that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, and availability. White Forest Design reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Third Party Information
Except as required by law (including the Australian Consumer Law), we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied by manufacturers, suppliers or third parties. You agree to make your own enquiries to verify information provided and to assess the suitability of Products or Services (as offered from time to time) before you order the Products or Services.
Data Security
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information and will do so in accordance with our Privacy Policy. We also note that the delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Website.
Limitation of Liability
Certain legislation, including the Australian Competition and Consumer Act 2010 (Cth), may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These terms must in all cases be read subject to these statutory provisions. White Forest Design and its employees, subcontractors, agents, affiliated entities and/or representatives are not liable or legally responsible for any Claims or Consequential Loss that may arise out of or in connection with your use of the Website, Services or Products, or any linked website, whether from errors or from omissions in our documents or information, or in any Products or Services we may offer through our Website. This includes your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable. White Forest Design shall not be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or industrial disputes, embargoes, government orders or any other force majeure event.
The total liability of White Forest Design, if any, will be limited to the price paid for the Product or Service (as applicable) and in any event, will never exceed the sum approved and available to be paid by our Insurer under our insurance cover (if liability is accepted). Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
Indemnity
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all Claims and Consequential Loss of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
Dispute Resolution
In the event of any dispute under these Terms, the parties agree to notify the other party to the dispute or claim in writing (within 14 days of it arising) and negotiate in good faith to resolve the dispute as soon as reasonably possible. Any dispute or difference that cannot be resolved by the parties within 90 days shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
General
The laws of South Australia governs these terms. You agree to submit to the exclusive jurisdiction of the courts of South Australia, or other such competent courts, to resolve any dispute or claim arising from these Terms. These Terms make up the entire agreement between you and White Forest Design and supersede any prior agreement, understanding or arrangement between you, us and https://whiteforest.com.au, whether oral or in writing.
Definitions & Interpretations
Business Day means a day which is not a Saturday, Sunday or a public holiday in Adelaide, Australia.
Business Address means 26A Grange Road HAWTHORN 5062 South Australia.
Claim means any loss, damage, claim, notice, demand, debt, account, action, expense, cost, lien, liability proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.
Consequential Loss means direct, indirect, incidental, punitive, special, exemplary or consequential damages (or any loss of revenue, loss of continued work, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect).
GST means the Goods and Services Tax.
Intellectual Property means trademarks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any Products or services utilised by or embodied by Us.
White Forest Design means Amanda Jane Primett t/as White Forest Design and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
Order means the order submitted by you to the Website to purchase Products or Services from us.
Personal Data means any information which can personally identify you, including but not limited to basic contact information such as your name, phone number, address, and email address which enables us to send information or process your product or service order and/or personal information you give us when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
Products means any goods or products sold through our online store on our Website or at our events or workshops from time to time, or as sold to wholesalers or retailers, including physical and/or digital products and all store items.
Services means any and all Services purchased from us or engaged through our Website.
Interpretation
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.
Contact Us
For customer service questions regarding your order or enquiries about our products or services, please email us at mandy@whiteforest.com.au.