Those Who Wander Design is committed to providing quality services to you and this policy outlines the Terms and Conditions of use of our website.
About the Website
Welcome to www.thosewhowanderdesign.com ('Website'). The Website provides information on the design and marketing services of Those Who Wander Design. ('Services ').
The Website is operated by Those Who Wander Design. Access to and use of the Website, or any of its associated Products or Services, is provided by Those Who Wander Design. 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, or any of Services, immediately.
Those Who Wander Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Those Who Wander Design updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. 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.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Those Who Wander Design in the user interface.
Copyright and Intellectual Property
The Website, the content, and all of the related products of Those Who Wander Design 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 content 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 are owned or controlled for these purposes and are reserved by Those Who Wander Design or its contributors.
All trademarks, service marks, and trade names are owned, registered, and/or licensed by Those Who Wander Design, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms; by and store the Website and the material contained in the Website in your device's cache memory; and print pages from the Website for your own personal and non-commercial use.
Those Who Wander Design does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Those Who Wander Design.
Those Who Wander Design retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
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.
You may not, without the prior written perm of Those Who Wander Design and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content 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 in the public domain.
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 5, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and Those Who Wander Design 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 any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result Use of the Website and the content is at your own risk. of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content 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 Those Who Wander Design make any express or implied representation or warranty about the content or any products or content (including the products or content of Those Who Wander Design) 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:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records; the accuracy, suitability, or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website); costs incurred as a result of you using the Website, the content, or any of the products of Those Who Wander Design; and the content or operation with respect to links that are provided for your convenience.
Limitation of liability
Those Who Wander Design's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that Those Who Wander Design, 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.
You acknowledge and agree that Those Who Wander Design holds no liability for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
Termination of Contract
If you want to terminate the Terms, you may do so by providing Those Who Wander Design with 7 Days’ notice of your intention to terminate by sending notice of your intention to terminate to Those Who Wander Design via the 'Contact Us' link on our homepage.
Those Who Wander Design may at any time, terminate the Terms with you if: you have breached any provision of the Terms or intend to breach any provision; Those Who Wander Design is required to do so by law; Those Who Wander Design is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or the provision of the Services to you by Those Who Wander Design , is in the opinion of Those Who Wander Design, no longer commercially viable.
Subject to local applicable laws, Those Who Wander Design reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Those Who Wander Design's name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Those Who Wander Design have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Those Who Wander Design, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against 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;
any direct or indirect consequences of you accessing, using, or transacting on the Website or attempt to do so; and/or
any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
On receipt of that notice ('Notice ') by that other party, the parties to the Terms ('Parties ') must:
Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Melbourne, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Those Who Wander Design is intended to be viewed by residents of Australia. 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 shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
It explains what these technologies are and why we use them, as well as your rights to control our use of them.
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. C
ookies are widely used by website owners in order to make their websites work or to work more efficiently, as well as to provide reporting information.
Cookies set by the website owner (in this case, Those Who Wander Design) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third-party cookies enable third-party features or functionality to be provided on or through the website (e.g. like advertising, interactive content, and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
We use first and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics, and other purposes. This is described in more detail below.
The specific types of first and third-party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):
How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.
In addition, most advertising networks offer you a way to opt-out of targeted advertising.
The specific types of first and third-party cookies served through our Websites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):
Essential website cookies:
These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas.
Performance and functionality cookies:
These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.
Purpose: Increases website security. It is also a session cookie.
Country: United States
Expires in: session
Purpose: This cookie is written to help with site security in preventing Cross-Site Request Forgery attacks.
Country: United States
Expires in: session
These are cookies that have not yet been categorized. We are in the process of classifying these cookies with the help of their providers.
Country: United States
Expires in: persistent
Country: United States
Expires in: less than 1 minute
What about other tracking technologies, like web beacons?
Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or opened an e-mail including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
Do you use Flash cookies or Local Shared Objects?
Websites may also use so-called "Flash Cookies" (also known as Local Shared Objects or "LSOs") to, among other things, collect and store information about your use of our services, fraud prevention, and for other site operations.
If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).
Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.
Do you serve targeted advertising?
Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other details that directly identify you unless you choose to provide these.
This policy was last updated on 23 Janaury, 2021.