TERMS & CONDITIONS

1. About the Website

1.1. Welcome to www.thehouseoflilywhite.com.au ('Website'). The Website

provides Interior Design and Styling Services, information and resources.

1.2. The Website is operated by The House Of Lily White (ABN 72 085 563 947).

Access to and use of the Website, or any of its associated Products or

Services, is provided by The House Of Lily White. 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.

1.3. The House Of Lily White reserves the right to review and change any of the

Terms by updating this page at its sole discretion. When The House Of Lily

White 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.

2. 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

The House Of Lily White in the user interface.

3. Copyright and Intellectual Property

3.1. The Website, the content and all of the related products of The House Of Lily

White 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 The House Of Lily White or its

contributors.

3.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by The House Of Lily White, who grants to you a worldwide, nonexclusive,

royalty-free, revocable license whilst you are a Member to:

The House Of Lily White does not grant you any other rights whatsoever in

relation to the Website or the content. All other rights are expressly reserved by

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device's cache memory; and

(c) print pages from the Website for your own personal and non-commercial

use.

The House Of Lily White.

3.3. The House Of Lily White 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:

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(c) 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. 

3.4. You may not, without the prior written permission of The House Of Lily White

and the permission of any other relevant rights owners: broadcast, republish,

up-load 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.

4. Privacy

The House Of Lily White takes your privacy seriously and any information provided

through your use of the Website and/or content are subject to The House Of Lily White's

Privacy Policy, which is available on the Website.

5. General Disclaimer

5.1. 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.

5.2. Subject to this clause 5, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(b) The House Of Lily White 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 an 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

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.

5.3. 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 The House Of Lily White

make any express or implied representation or warranty about the content or

any products or content (including the products or content of The House Of Lily

White) 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:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) 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);

(c) costs incurred as a result of you using the Website, the content or any of

the products of The House Of Lily White; and

(d) the content or operation in respect to links which are provided for your

convenience.

6. Limitation of liability

6.1. The House Of Lily White'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.

6.2. You expressly understand and agree that The House Of Lily White, 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.

6.3. You acknowledge and agree that The House Of Lily White 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.

7. Termination of Contract

7.1. If you want to terminate the Terms, you may do so by providing The House Of

Lily White with 30 days' notice of your intention to terminate by sending notice

of your intention to terminate to The House Of Lily White via the 'Contact Us'

link on our homepage.

7.2. The House Of LIly White may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) The House Of Lily White is required to do so by law;

(c) The House Of Lily White 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

(d) the provision of the Services to you by The House Of Lily White, is in the

opinion of The House Of Lily White, no longer commercially viable.

7.3. Subject to local applicable laws, The House Of Lily White reserves the right to

discontinue or cancel your access 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 The House Of Lily White's name or reputation or

violates the rights of those of another party.

7.4. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and The House Of Lily White 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.

8. Indemnity

8.1. You agree to indemnify The House Of Lily White, its affiliates, employees,

agents, contributors, third party content providers and licensors from and

against:

(a) 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;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

(c) any breach of the Terms.

9. Dispute Resolution

9.1. Compulsory:

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).

9.2. Notice:

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.

9.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(a) 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;

(b) If for any reason whatsoever, 7 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 Conflict Resolution Service or his or her

nominee;

(c) 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 precondition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

9.4. Confidential

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.

9.5. 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.

10. Venue and Jurisdiction

The Services offered by The House Of Lily White 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 New

South Wales, Australia.

11. Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

12. 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.

13. Severance

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.