Kalaya Dreams is pleased to provide this website as an online gallery and store. The following describes the terms (the “Terms” that govern your use of the Kalaya Dreams website, and the items provided through it). Your use of the Kalaya Dreams website constitutes your agreement to all of the Terms. If you do not agree with any of the Terms you may not use the Kalaya Dreams website.
1. Use of the Kalaya Dreams Website
(a) Content
The information and materials contained at the Kalaya Dreams Website, including the text, images, arrangement and general design (collectively, the “Content”) are owned or licensed by the Kalaya Dreams, the respective artist or the artist’s heirs. You are authorised to view or download a single copy of the Content solely for your personal, educational, or non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Reproduction of the Content except as specifically provided in this paragraph is prohibited without the express written authorisation of Kalaya Dreams or the copyright owner. Any publication or commercial use of the Content is strictly prohibited. Copying, redistribution or exploitation of the Content for personal or corporate gain is not permitted.
(b) Prohibited Use
You may not use the Kalaya Dreams Website in any manner which is contrary to applicable local, provincial, national, international and foreign laws or regulations governing your use of the Kalaya Dreams Website. It is solely your responsibility to determine whether your use of the Kalaya Dreams Website is lawful. You may not use the Kalaya Dreams Website in any manner which could damage, disable, overburden or impair the Kalaya Dreams Website or interfere with any other party’s use and enjoyment of the Kalaya Dreams Website.
(c) Prices and Orders
Kalaya Dreams reserves the right to change the prices, fees and charges regarding the goods and services available through the Kalaya Dreams Website at any time and without any notice. Kalaya Dreams also reserves the right at any time to reject, correct, cancel or terminate any order. If you order items for which the price was incorrectly displayed, Kalaya Dreams will provide you with an opportunity to cancel your order. If you order items that are not available, Kalaya Dreams will notify you with an expected shipping date. Kalaya Dreams reserves the right to limit the quantities sold.
(d) Modification
Kalaya Dreams reserves the right to change or modify the terms, conditions, and notices under which you may use the Kalaya Dreams Website. Kalaya Dreams will post all changes or modifications to these Terms on the Kalaya Dreams Website. Each use of the Kalaya Dreams Website will constitute your acceptance of the Terms posted on the Kalaya Dreams Website at that time.
2. Your Information
Kalaya Dreams is committed to protecting the privacy of its online guests and customers. We only collect personally identifiable information that you provide or that is otherwise provided to us on your behalf. Unless we advise otherwise, your information will only be used for the purpose for which it was provided or to contact you.
(a) Online Purchases
When you make a purchase we will ask you to provide only the personally identifiable information necessary to complete the transaction including your name, billing and shipping addresses, telephone number, and credit card number. We also require your e-mail address so we can communicate with you in processing your order.
3. Payments & Pricing
(a) Payment Methods
All payment transactions are conducted securely using PayPal's Online Payment System. - (see www.paypal.com)
By signing up for a FREE PayPal account you have the option to pay directly from your bank account or your credit card or debit card.
PayPal accepts the following credit cards:
* Visa
* MasterCard
(b) Taxes
All prices indicated at the Kalaya Dreams Website include GST but not any customs and duty charges. Because Kalaya Dreams is an Australian registered company GST of 10% is applicable to all orders.
4. Cancellations and Returns
(a) Cancellations
All order cancellations must be received within 12 hours of the original purchase time.
(b) Returns Policy
Kalaya Dreams does not accept returns. Please consider your purchase carefully before buying. If you have further questions or would like more information about an item, please contact us prior to purchasing.
5. Disclaimer
The Kalaya Dreams Website and the Content are approved on an "as is, where is" basis. Kalaya Dreams disclaims all conditions, terms representations and warranties, expressed or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, title and non-infringement, with respect to the Kalaya Dreams Website or any of the Content.
Kalaya Dreams does not warrant that the Kalaya Dreams Website and the Content are free from errors or other program limitations, or that the Kalaya Dreams Website and the Content will be accessible and perform in accordance with your expectations. This Disclaimer shall apply to all damages or injuries incurred from, or related to, your use of the Kalaya Dreams Website, including but not limited to, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, or communication line failure.
Except as otherwise specifically provided herein, Kalaya Dreams further does not warrant, guarantee, or make any other representations; (i) Regarding the goods or services provided through the Kalaya Dreams Website (the "Products"); (ii) Regarding the use of the Products; (iii) that the Products will perform in accordance with your expectations; or (iv) that any defects in the Products will be corrected.
6. Limitation of Liability
The express warranties in these terms are in lieu of all other warranties, conditions, terms, representations and obligations of the parties to these terms.
Kalaya Dreams will not be liable to you or any other person for any damages (direct, indirect, general, special, consequential, or otherwise), expense, loss of profit, loss of earning, loss of business opportunities, loss of data or other loss, arising directly or indirectly out of or in connection with the provision, use or failure of the Kalaya Dreams Website, and/or the Content, whether negligent or otherwise, and which would otherwise give rise to a cause of action in a contract, tort, or any other doctrine in law.
7. Indemnity
You agree to indemnify, defend and hold harmless Kalaya Dreams and its respective agents, directors, officers, employees and licensors, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with the use of the Kalaya Dreams Website by you or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand.
8. Links
Links to external web sites (the “Linked Sites”)are provided only as a convenience and do not constitute an endorsement by Kalaya Dreams of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between the Kalaya Dreams and the Linked Sites. Kalaya Dreams is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.
9. Miscellaneous
(a) Survival
The disclaimer, limitation of liability and indemnity provisions in these Terms will survive indefinitely after the termination of these Terms.
(b) Marks
Kalaya Dreams logo (collectively the “Marks”) appearing on the Kalaya Dreams Website are registered trademarks, trademarks or service-marks of Kalaya Dreams. The use of the Marks is strictly prohibited without the prior written consent from the Kalaya Dreams. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Nothing appearing on the Kalaya Dreams Website or elsewhere will be construed as granting, by implication, or otherwise, any license or right to use any Marks displayed on the Kalaya Dreams Website.
(c) Severability
If any provision of these terms are invalid or unenforceable under applicable law, then it will be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
(d) Entire Terms
Unless specifically provided herein, these Terms constitute the entire agreement between you and Kalaya Dreams with respect to your use of the Kalaya Dreams Website. These Terms will supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, expressed or implied, statutory or otherwise, between the parties in connection with the use of the Kalaya Dreams Website except as specifically set forth herein.
(e) Termination
These Terms will automatically terminate if you are in breach of any of the provisions contained herein. Kalaya Dreams reserves the right, in its sole discretion, to suspend or terminate your access to the Kalaya Dreams Website and the related services or any portion thereof at any time, without notice. Upon any such termination you may no longer access and/or use the Kalaya Dreams Website.
Kalaya Dreams may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Kalaya Dreams Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
If these Terms or your permission to use the Kalaya Dreams Website is terminated by you or Kalaya Dreams for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Kalaya Dreams Website and your purchases of goods and services through the Kalaya Dreams Website and anything connected with, relating to, or arising from those matters.
(f) Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the federal laws of Australia applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of Western Australia, located in Australia, for any legal proceeding arising out of or relating to your use of the Kalaya Dreams Website or these Terms.
