TERMS OF SERVICE - ERICA WALT

Effective Date: 1 JANUARY 2023 

These Terms of Service for Clients (“Terms”) apply to all clients, or all potential clients of Erica Walt [ABN 37624562193] (“we, us, our”) purchasing from our online library. These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client of ours. If you do not agree, you cannot purchase any of our designs online. We may change this Agreement at any time, and by continuing to use or access our website and services, you are accepting those changes.

BEFORE PURCHASE

Things you must do before purchasing Designs on our website

You must:

  • be 18 years old or have parental consent;

  • set up an account to enable your login to our website portal – we may review and verify all accounts and accept or decline account applications at our sole discretion;

  • provide complete and accurate information to us, and promptly inform us of any updates to your information.

Intellectual Property

Our Designs are digital artwork files which you can download to have printed for various industries which could include, homewares, fashion, gifting, stationery, kids and brand. 

All the Intellectual Property Rights in our Designs are owned by us. You must not copy or screenshot any Designs. 

Designs must not be:

  • reproduced, duplicated, copied, sold, re-sold or exploited on any print on demand website, or other print studio or similar website;

  • be used for artwork distribution, resale or further licensing; 

  • be white/ private labelled or printed on fabric for purchase; or 

  • shared on any social media channels.

In particular, you must not use our Designs for any further commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any further use will be conditional on the payment of license fees.  Please contact us at hello@ericawalt.com to seek consent.

All use of the Designs are subject to acknowledgement of our Moral Rights. This includes, but is not limited to, the correct right to attribution of Erica Walt for all Designs.  

Non-Exclusive Licensed Designs

When you purchase a non-exclusive Design, we grant you a non-transferable, royalty-free, revocable licence for the agreed Timeframe to use our Designs on products in order to make up to 5,000 units of the particular category of end-product you indicate in your purchase order. The end-products may be sold direct to the consumer or wholesale under a single brand name only. Where you wish to use the Designs for more than one brand, additional licence fees apply. Where you purchase a non-exclusive Design, we may sell the Design to other parties, and so other brands may use the Design in your industry or for your end-products. We may also sell the Design for use on other end-products.  The Design will be provided as a hi res TIFF or jpg file. 

Exclusive Licensed Designs

When you purchase an exclusive Design, we grant you a non-transferable, royalty-free, revocable licence for the agreed Timeframe to use our Designs on any category of end-product you indicate on your purchase order. The end-products may be sold direct to the consumer or wholesale under a single brand name only. Where you wish to use the Designs for more than one brand, additional licence fees apply. 

Where you purchase an exclusive license to the Design we acknowledge and agree not to sell or otherwise permit the use of the Design by any other brands. We may, however, sell the Design for use with end-products outside of your industry. The Design will be provided as a hi res TIFF or jpg file. However, you will only own the Design as a whole and cannot use only elements of it for any purpose. You will require additional permission to use only elements or parts of the Design. Further, you may not under any circumstances, without our express permission, modify or amend the Design. 

Buyout 

If you wish to own all Intellectual Property Rights in any Design, please contact us hello@ericawalt.com to seek consent. We may offer to assign or sell you the Intellectual Property Rights in the Design, whereby you can alter or use the pattern and its elements in whichever way you see fit. The Design will be provided as a working file (eg Adobe Illustrator or Adobe Photoshop file) and set up as a repeatable pattern. 

Acknowledgements you make when purchasing on our website

You acknowledge and agree that there may be:

  • occasional errors or omissions in Design descriptions, prices, delivery times, availability and promotions;

  • colour differences, so that the colours and images of Designs we display may be different on your screen to the colours and images of the actual Designs;

  • technical problems downloading Designs, and there are inherent risks associated with downloading digital products; and

  • some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Designs.

You further acknowledge and agree that we may place images of the end products and/or Design process along with a link to your website or social media account on our website or social media platforms or promotional material.  

AFTER PURCHASE

Things you must do after purchasing on our website

You must:

  • maintain the confidentiality of the login and password for your account; 

  • not allow other people to use the Designs or your account;

  • not reproduce, duplicate, copy, sell, re-sell or exploit the Design in any way that is not expressly permitted;

  • contact us by email at hello@ericawalt.com if you have any issues with the Design and require a refund;

  • seek our prior written consent before any publication of information about us; and

  • in the case of a dispute keep all communications confidential.

Things we’d love you to do after purchasing on our website

We’d love you to share your end-products on social media platforms, with a credit to Erica Walt and linked back our website or social media accounts. 

We’d also love you to provide us with any testimonials, and/or case studies so we can use  them  for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at  hello@ericawalt.com

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our website and store

Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including shipping charges, delivery times, availability and promotions;

  • change prices or descriptions of our Designs;

  • change our range of Designs, or discontinue Designs and/or

  • cancel orders if information is inaccurate.

We comply with the Australian Consumer Law

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Designs are of acceptable quality, fit for purpose and match the description we provide on our website. You will have the right to have a Design, replaced or refunded if it doesn’t meet a consumer guarantee. 

Except as required by law we do not warrant the quality of the Designs or warrant that they will meet your expectations. We do not provide refunds for changes of mind, or where you fail to provide us with adequate information.

If we need to cancel your order we will provide a refund

Except as required by law, all sales for our Designs are non-transferable and non-refundable. On occasion we may cancel an order for a Design where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution Design or refund. We have the right to refuse, limit or cancel any order for our Designs, or requests for accounts including, but not limited to, where an order appears to be by resellers without permission. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse to serve you and sell Designs at any time

We may refuse to provide Designs to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services and ban your purchase of any Designs. We can also change, suspend or stop providing Designs at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Designs, or stop any services.

LIABILITY AND INDEMNITY 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our website and services or any Designs purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Designs, lost or stolen samples or prints during delivery, any late delivery, your reliance on any of our information, any unauthorised access to your account, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, or your use or misuse of any Design.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  • the replacement of the Designs or the supply of equivalent Designs; or

  • the payment of the cost of replacing the Designs or of acquiring equivalent Designs.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Design you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.

 

IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

OTHER 

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these Terms and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Design means the graphic design services, custom designs, and any other designs we provide to you.  

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

Moral Rights means any moral rights as defined under the Copyright Act 1968. 

Timeframe means 1, 3 or 5 years as agreed.

We, us, or our means Erica Walt [ABN 37624562193] and includes any of our employees, agents, partners, and contractors.

Website and services means https://www.ericawalt.com/, and everything available on this website including, but not limited to, all Designs and any services.