TERMS OF USE

1.     About the Website

Welcome to realmstudio.com.au (the ‘Website‘). The Website allows you to browse products and services provided by Realm Studio (the ‘Services‘).

The Website is operated by Savannah Leigh Geisler (ABN: 78 591 241 003) t/a Realm Creative Studio (Branded as Realm Studio). Access to and use of the Website, or any of its associated Products or Services, is provided by Realm Studio. Please read these terms and conditions (the ‘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.

Realm Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Realm Studio 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 Realm Studio in the user interface.

3.     Copyright and Intellectual Property

The Website, Services and all associated content are protected by copyright and other intellectual property laws in Australia and, where applicable, internationally.

Unless otherwise stated, all rights and intellectual property in the Website and Services – including text, graphics, logos, branding, images, videos, audio, website layouts, code, scripts, design elements, downloadable materials and interactive features – are owned by or licensed to Realm Studio or its respective contributors.

Realm Studio grants you a limited, non-exclusive, non-transferable and revocable licence to:

  • access and use the Website in accordance with these Terms;
  • temporarily store Website content in your device’s cache as part of normal browsing; and
  • print or save Website content for your own personal and non-commercial use.

No other rights are granted to you in relation to the Website, Services or their content. All rights not expressly granted under these Terms are reserved.

Realm Studio retains all applicable rights, title and interest in the Website, Services and associated intellectual property. Nothing in your use of the Website or Services transfers to you any ownership or rights in any copyright, trade mark, business name, domain name, design, branding, content or other intellectual property owned by or licensed to Realm Studio.

Unless you have prior written permission from Realm Studio and, where applicable, any other relevant rights holder, you must not reproduce, republish, upload, transmit, distribute, modify, adapt, commercially exploit, publicly display or otherwise use any part of the Website or Services beyond the uses expressly permitted by these Terms or by law.

This restriction does not apply to material that is expressly made available for reuse, is in the public domain, or may otherwise lawfully be used without permission.

4.     Privacy

Realm Studio takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Realm Studio’s Privacy Policy, which is available on the Website.

5.     General Disclaimer

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, 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
  • Realm Studio 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services 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 Realm Studio make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Realm Studio) referred to on the Website. 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 component, 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Realm Studio; and
  • the Services or operation in respect to links which are provided for your convenience.

6.     Limitation of liability

Realm Studio’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Realm Studio, 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.

7.     Indemnity

You agree to indemnify Realm Studio, 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 attempts to do so; and/or

8.     Venue and Jurisdiction

The Services offered by Realm Studio 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 Queensland, Australia.

9.     Governing Law

The Terms are governed by the laws of Queensland, 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 Queensland, 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.

10.  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.

11.  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.