Terms of Use

Agreement

By using this website www.acolourfulescape.com.au you are agreeing to be automatically bound by these terms and conditions, including the privacy policy.

Carefully read and understand these terms of use before using the website. If you don’t agree, then please do not use this website or store.

We may update our terms of use from time to time and the new provisions will apply from the date they are updated.

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.

You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website.

You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without prior approval;
  • engage in any internal or external spamming, or other similar actions;
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms of use;
  • decompile, reverse engineer, or try to copy or imitate the this website or underlying content.

Links disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site.

We are not responsible for any form of transmission received from any Linked Site.

Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Affiliates

This site may use affiliate links to sell certain products or services.

We disclaim any and all liability as a result of your purchase through one of these links.

We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions.

You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Copyright, Trademarks and other Intellectual Property

A Colourful Escape owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website.

You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. 

Please email shop@acolourfulescape.com.au if you require permission to reproduce any of the contents of this website.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. Any example companies, organisations, products, people and events depicted on this website are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

Personal Use Only

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to this site (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.

By submitting your content to this site you irrevocably grant A Colourful Escape a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose.

You indemnify A Colourful Escape against any claims made for breach of intellectual property rights in respect of your content.

At our sole discretion A Colourful Escape may remove or disable your content if we believe your content to be in violation of our terms and conditions.

A Colourful Escape is not obligated to return any of your content to you under any circumstances.

Copyright infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please email shop@acolourfulescape.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from this website if appropriate.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us in this regard.

Website Security

A Colourful Escape make efforts to maintain the security of this website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business.

However, we do not guarantee the security of the website, our records, or your content.

A Colourful Escape disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

The A Colourful Escape website is managed by third party services therefor the website may be inaccessible from time to time.

Disclaimer

While every care is taken, A Colourful Escape does not guarantee the accuracy of the information contained within this website. The information and pricing available through this website will change over time, and this may affect previous content not yet updated. Please seek confirmation if you are in doubt of the product specifications.

You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk.

This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

Limitation of liability

A Colourful Escape will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular product or services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

Indemnity

You agree to indemnify and defend A Colourful Escape from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • any content you post on or share with us via this website
  • your unauthorised use of this website, or products or services included or advertised on this website
  • your breach of these terms of use.

Applicable law

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

You may provide notice to us by email to shop@acolourfulescape.com.au. A Colourful Escape may provide notice to you via email or other electronic means.

Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph.

If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and A Colourful Escape as a result of this agreement or use of this website.

A Colourful Escape’s performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our privacy policy form the entire agreement between you and A Colourful Escape.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use and our Privacy Policy

Feedback, comments or complaints

If you require any more information or have any questions about our Terms of Use or our Privacy Policy, please contact us at shop@acolourfulescape.com.au.  We endeavour to respond to all inquiries within 3 business days.