Last updated: February 10 2020
Dotyart and/or its affiliates (“Dotyart”, “we” or “us”) operate an online store (“Dotyart Shop” located at Dotyart.com from which you may purchase products and services (“Dotyart Shop Products”).
1. Information that you provide to us
You may give us information about yourself when you visit the Dotyart Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorise us to send those messages when you visit Dotyart Shop and provide your contact details.
2. Dotyart Shop IP
As between you and Dotyart, Dotyart and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Dotyart Shop (collectively, “Dotyart Shop IP”). Dotyart Shop IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Dotyart Shop IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Dotyart Shop or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that the Dotyart Shop has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Dotyart Shop
Dotyart grants you a limited, revocable, non-exclusive, non-transferable license to access the Dotyart Shop. This license does not include a right to use any of the content and information, including product listings.
4. Products, Content and Specifications.
Details of the products and services available for purchase in the Dotyart Shop (“Dotyart Shop Products”) are set out in the Dotyart Shop. All features, content, specifications, products and prices of products and services described or depicted in this Dotyart Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Dotyart Shop due to the limitations of the systems that you use to access the Dotyart Shop. The inclusion of any products or services in the Dotyart Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
5. Your account
We may require that you create an account to access the Dotyart Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
6. No warranties
We provide the Dotyart Shop, Dotyart Shop IP and Dotyart Shop Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Dotyart or obtained by you from or through the Dotyart Shop – whether from Dotyart or another entity, and whether oral or written – creates or implies any warranty from Dotyart to you.
Dotyart disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Dotyart Shop; (b) that the Dotyart Shop Products will meet your specific needs or requirements; (c) that the Dotyart Shop will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Dotyart will correct any defects or errors in the Dotyart Shop; or (e) that the Dotyart Shop is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Dotyart Shop is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
7. Limitation of liability
Under no circumstances will Dotyart be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Dotyart Shop or for the unavailability of the Dotyart Shop, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Dotyart Shop, even if such damages are foreseeable, and whether or not you or the Dotyart has been advised of the possibility of such damages. Dotyart is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Dotyart Shop or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Dotyart further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Dotyart Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Dotyart Shop; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Dotyart Shop; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Dotyart in relation to the Dotyart Shop, Dotyart Shop IP, and Dotyart Shop Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Dotyart during the three-month period immediately preceding the event that gave rise to your claim for damages, and AUD $20.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
8. Applicable law
By using the Dotyart Shop, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Dotyart.
9. Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Dotyart Shop by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the “Last updated” date at the top of the page.
10. Our address
Dotyart
4 Hale St
Beaconsfield WA 6162
Australia
dotyart.com
