The Stables

Website Terms and

Conditions of Use

1.     About the Website

1.1.             Welcome to www.thestables.com.au (Website). The Website is operated by The Stables Interiors Pty Ltd (ABN: 89 167 103 522) (The Stables). Access to and use of the Website is provided by The Stables.

1.2.             The Website provides you with an opportunity to browse and purchase digital products (Digital Products) that have been listed for sale through the Website, to browse The Stables’ services (Services) and to access the content shared on the Website (Content).

1.3.             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.             The Stables reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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

You accept the Terms by remaining on, browsing, accessing, using, or purchasing from the Website. If you do not agree to the Terms, you must immediately cease using the Website.

3.     Purchase of Digital Product

When using the Website to purchase the Digital Products, you will be provided with purchase terms and conditions at the point of purchase, and you will be required to read and agree to these purchase terms and conditions before completing your purchase.

4.     Disclaimer

4.1.             You are solely responsible for creating and implementing your own personal, business and financial choices and actions and results arising out of or resulting from using the Website and accessing any Content. As such, you agree that The Stables is not and will not be liable or responsible for any actions or inaction, or results arising from your choices.

4.2.             You understand that the Website, Digital Products and the Content are not a substitute for personalised design advice and recommendations. The Stables recommends that you seek independent, tailored advice before relying on any Content provided through the Website or the Digital Products. The Stables will not be liable in any way for your use of, or reliance upon, the information or Content accessed by you on the Website.

5.     Information Disclaimer

5.1.             Any information, advice, content or documentation provided on the Website, through the Content or the Digital Products, social media accounts, or on any other related platform do not constitute professional design, financial or other advice, and are provided for general information and guidance purposes only.

5.2.             All care is taken in the preparation of the information and published materials on the Website, through the Content, Digital Products, social media accounts, podcast, or on any other related platform. The Stables does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

5.3.             To the extent permissible by law, The Stables 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 Content, Digital Products, social media accounts or on any other related platform.

6.     Copyright and Intellectual Property

6.1.             The Website, the Content and the Digital Products of The Stables 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 Content or Digital Products are owned or controlled for these purposes, and are reserved by The Stables or its contributors.

6.2.             All trademarks, service marks and trade names used on the Website are owned, registered and/or licensed by The Stables. No licence to use any trademarks, service marks or trade names is granted by these Terms. The Stables grants to you a worldwide, non-exclusive, royalty-free, revocable licence to:

(a)       use the Website pursuant to these Terms;

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

(c)       print pages from the Website for your own personal and non-commercial use.

6.3.             The Stables does not grant you any other rights whatsoever in relation to the Website, the Content or the Digital Products. All other rights are expressly reserved by The Stables.

6.4.             The Stables retains all rights, title and interest in and to the Website and all related Content and Digital Products. 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.

6.5.             You may not, without the prior written permission of The Stables 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 Content or the Digital Products 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 already in the public domain.

7.     Privacy

The Stables takes your privacy seriously, and any information provided through your use of the Website and/or Content or Digital Products is subject to The Stables' Privacy Policy, which is available on the Website.

8.     General Disclaimer

8.1.             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.

8.2.             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)       The Stables 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 Content or Digital Products.

8.3.             Use of the Website and the Content and Digital Products is at your own risk. Everything on the Website 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 The Stables make any express or implied representation or warranty about the Content or Digital Products referred to on the Website.

9.     Third Party Services

The Content or Digital Products may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). The Stables does not control any Third-Party Services. The Stables 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 The Stables 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.

10.  Limitation of liability

10.1.          The Stables' total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (excluding negligence), in equity, under statute or otherwise, will not exceed the resupply of the Content or Digital Products to you

10.2.          You expressly understand and agree that The Stables, 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.

11.  User Generated Content

11.1.          If you choose to contribute any content to the Website or any other platform operated by The Stables, 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).

11.2.          By contributing content to the Website, you grant The Stables 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 The Stables.

11.3.          Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree The Stables can use that information with Your Content for advertising and promotional purposes, or any other business purpose.

11.4.          You confirm you own or have the right to use any copyright material included in Your Content (including replies to The Stables 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 The Stables. 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.

11.5.          Please ensure you keep your own copies of Your Content as The Stables may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

11.6.          The Stables will endeavour to provide you with an appropriate credit when using Your Content on The Stables platforms, though you understand and agree this may not always be possible.

11.7.          The Stables 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, religiously or otherwise objectionable and offensive.

12.  Mailing List Registration

12.1.          You may be given the option to register for the The Stables’ Mailing List (Mailing List).

12.2.          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.

12.3.          If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from The Stables. You may unsubscribe from the Mailing List at any time by using the unsubscribe link included in any email sent to you or by contacting The Stables directly.

13.  Indemnity

You agree to indemnify The Stables, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(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

(c)       any breach of the Terms.

14.  Testimonials

By submitting testimonials or reviews related to the services provided by The Stables, or the Digital Products, you grant The Stables 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 The Stables may use your testimonials or reviews with your full name, or anonymously, and agree that The Stables is under no obligation to compensate you for the use of your testimonials or reviews.

15.  Venue and Jurisdiction

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.

16.  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.

17.  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.

18.  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.