1.  General

 

Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the www.studiobyshan.com.au (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.

 

You accept the Terms by remaining on the Website.

 

2.  Privacy Policy

 

We take your privacy seriously and any information provided through your use of the Website are subject to Studio. By Shan’s Privacy Policy. When you interact with us, we collect data. If you wish to retain the confidentiality of your information, do not submit your information to us via e-mail or the website. If you submit personal information to us, that information is subject to our privacy policy. Please see our Privacy Policy for detailed information on how we collect, hold, use and disclose the information gathered.

 

3.  Payment

 

All payments made in relation to the services provided are made using a third party payment processor. In using the Website or when making any payment in relation to the services provided, you warrant that you have read, understood and agree to be bound by the third party payment processor’s terms and conditions which are available on their website.

 

You acknowledge and agree that where a request for the payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any associated costs, including banking fees and charges.

 

4.  Refund Policy

 

Studio. By Shan will only provide you with a refund of payment in the event they are unable to continue to provide the requested services or if the manager of Studio. By Shan makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.

 

Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

 

5.  General Disclaimer

 

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

 

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.  Studio. By Shan 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 services provided or these Terms (including as a result of not being able to use the services provided or the late supply of such services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

Use of the Website 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 make any express or implied representation or warranty about the services provided or any products referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 

a.  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

 

b.  the accuracy, suitability or currency of any information on the Website or any of its related products (including third party material and advertisements on the Website); and

 

c.  costs incurred as a result of you using the Website or any of the products of Studio. By Shan.

 

6.  Limitation of liability

 

Studio. By Shan 's total liability arising out of or in connection with the services provided or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of such services to you.

 

You expressly understand and agree that Studio. By Shan, its affiliates, employees, agents, contributors and licensors shall 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 shall 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.

 

7.  Indemnity

 

You agree to indemnify Studio. By Shan, 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.

 

8.  Changes

 

Studio. By Shan may update the Terms of Use from time to time without notice.