Terms of service

Terms and Conditions 

Last updated: 5 November 2023

OVERVIEW

This website is operated by Michelle Purves, also known as Michelle Purves Art, Michelle Purves Artist, and registered and trading as Equilibrium Films Pty Ltd.

By visiting our site and/or making a purchase, you engage in our “Service” and agree to comply with these Terms of Service. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to all terms and conditions, you must not access the website or use any services.

ONLINE STORE TERMS

By agreeing to these Terms, you confirm the following:

  • You are at least the age of majority in your state or province of residence, or you have obtained the necessary consent from a guardian to use the website.
  • You will not use our products for any illegal or unauthorized purposes, nor violate any laws in your jurisdiction, including but not limited to copyright laws.
  • You must not transmit harmful viruses, worms, or malicious code through the website. A breach of any of these terms will result in the immediate termination of your access to our services.

GENERAL CONDITIONS

  • We reserve the right to refuse service to anyone at any time, for any reason.
  • You acknowledge that your content (excluding payment information) may be transferred over networks and may involve technical adjustments to comply with connecting networks or devices. Payment details are encrypted during transmission.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, website access, or contact with the website without our express written permission.
  • The headings used in this agreement are for convenience and have no legal bearing on these Terms.

INTELLECTUAL PROPERTY - All Rights Reserved

Unless otherwise specified in specific content, you are not granted a license or any other rights based on copyrights, trademarks, patents, or other intellectual property rights. This includes content you submit, such as feedback, reviews, or artwork, unless otherwise agreed upon. Without our prior written consent, you shall not use, copy, reproduce, perform, display, distribute, incorporate into any electronic medium, modify, transmit, download, sell, market, or commercialize any content from this site in any form.

RESPONSIBLE USE

By visiting our site, you agree to use it only for the purposes for which it is intended and as allowed by these terms, any additional agreements with us, and applicable laws, regulations, and generally accepted online practices and guidelines.

You may not use our site or services to:

  • Publish or distribute material that consists of (or is linked to) harmful computer software.
  • Use data from our site for direct marketing activities.
  • Engage in systematic or automated data collection activities on or in connection with our site.
  • Engage in activities that may damage, obstruct, or impede the site or its operation, availability, or accessibility.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The site and all services are provided "as is" without any warranties, either express or implied, including warranties of merchantability or fitness for a particular purpose.

We do not guarantee that your use of our services will be uninterrupted, error-free, or secure.

We are not responsible for any damages, direct or indirect, arising from your use of the website, including but not limited to loss of data or profits. To the maximum extent permitted by applicable law, we shall not be liable for direct, indirect, incidental, or consequential damages (including, but not limited to, loss of profit, loss of data, or damage to property) arising from your access to or use of our site or services.

Unless expressly stated otherwise in an additional contract, our maximum liability to you for all damages arising from or related to the site or products and services marketed or sold through the site, regardless of the cause of such liability, is limited to AUD 500. This limitation applies to all your claims of any kind and nature.

PRIVACY

To access our site and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide is always accurate, correct, and up-to-date. We take the handling of your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. All emails sent by us will only be in connection with the delivery of agreed products or services. We have developed policies to address all possible privacy concerns. For more information, please see our Privacy Policy.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do not guarantee that the information provided on this site is accurate, complete, or current. It should not be used as the sole basis for making decisions without consulting other, more reliable sources.

This site may include historical information, which is provided for reference only. We are not obliged to update information on the site, and you are responsible for monitoring changes.

MODIFICATIONS TO OUR SERVICE AND PRICES

Prices for our products may change without notice.

We reserve the right to modify or discontinue any aspect of the service at any time, without notice, though we may attempt to notify users of such changes. We are not liable for any changes, price adjustments, suspensions, or discontinuation of the service.

PRODUCTS OR SERVICES – Accuracy of Colours

We have made every effort to display product images and colours as accurately as possible. However, we cannot guarantee that the colours you see on your monitor will be an exact representation of the actual products, as display settings vary.

We reserve the right to limit sales of products to any person, geographic location, or jurisdiction. Product descriptions, prices, and availability are subject to change at any time without notice, at our discretion.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide accurate, complete, and current account and shipping information to facilitate your transactions. You must promptly update your account information to ensure we can complete your order.

We reserve the right to refuse or cancel any order you place with us. If we make changes or cancel an order, we will attempt to notify you using the contact information provided at the time of purchase.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

Any comments, feedback, or suggestions you provide to us, whether solicited or unsolicited, may be used freely by us for any purpose without compensation or obligation.

We are not responsible for the content you submit, but we reserve the right to monitor, remove, or edit any material we deem unlawful, offensive, or violating these Terms.

PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your data.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be typographical errors or inaccuracies on the site regarding product descriptions, pricing, promotions, and shipping information. We reserve the right to correct any errors or omissions and to update information without prior notice.

PROHIBITED USES

You may not use the site or its content for any unlawful purposes, including but not limited to:

  • Violating laws or regulations.
  • Engaging in actions that infringe intellectual property rights.
  • Harassing or discriminating against others.
  • Uploading viruses or malicious software.
  • Collecting or tracking personal information without consent.

Violations of these prohibitions may result in termination of your access to the site.

INDEMNIFICATION

You agree to indemnify and hold harmless Michelle Purves Art, its affiliates, and employees from any claims, damages, or liabilities arising from your use of the site or violation of these Terms.

SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full effect.

TERMINATION FOR VIOLATIONS

Notwithstanding our other rights under these terms, if you violate these terms in any way, we may take the measures we deem appropriate to address the violation, including temporarily or permanently suspending your access to the site, contacting your Internet service provider to request a block on your access to the site, and/or taking legal action against you.

ENTIRE AGREEMENT

These Terms, together with any other policies or operating rules posted on the site, constitute the entire agreement between you and Michelle Purves - Equilibrium Films Pty Ltd. Any previous agreements or understandings are superseded.

GOVERNING LAW

These terms and conditions are governed by the laws of the State of [Your State], Australia. All disputes related to these general terms and conditions shall be subject to the jurisdiction of the courts in Australia. If any part or provision of these terms and conditions is found to be invalid and/or unenforceable by a court or other authority, that part or provision shall be modified, removed, and/or enforced to the extent permissible to give effect to the intent of these terms. The remaining provisions shall remain unaffected.

CHANGES TO TERMS OF SERVICE

We may update or modify these Terms at any time. Any changes will be posted on this page, and it is your responsibility to review them regularly. Continued use of the website signifies your acceptance of any updates.

Contact Information

This site is owned and operated by Michelle Purves, trading as Equilibrium Films Pty Ltd. You can contact us at hello@michellepurves.com.