This website is operated by Gallery Elysium Pty Ltd ACN 632 420 190 ("Gallery Elysium"). Throughout the website, the terms “we”, “us” and “our” refer to Gallery Elysium. Gallery Elysium offers this website, including all information, tools and products and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/ you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), and any additional terms and conditions ("Supply Terms") that apply when you purchase specific Products and Services from us ("Products" and "Services"). These Terms and Conditions and where applicable our Supply Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted through Try Booking. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.
(a) By agreeing to these Terms and Conditions, you represent that you are at least 18 years of age, or that you are at least the age of 18 years of age and you have given us your consent to allow any of your minor dependents to use this website.
(b) You may not use our Products or Services for any illegal or unauthorized purpose nor may you, in the use of the Products or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
(c) You must not transmit any worms or viruses or any code of a destructive nature.
(d) A breach or violation of any of the Terms will result in an immediate termination of your right to use this website.
(e) We reserve the right to refuse service to anyone for any reason at any time.
(a) We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
(b) This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
(a) Prices for our Products and Services are subject to change without notice.
(b) We reserve the right at any time to modify or discontinue any Products and/or Services (or any part or content thereof) without notice at any time.
(c) We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Products and/or Services.
(a) We have made every effort to display as accurately as possible the colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
(b) We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products and/or Services or Products and/or Services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Products and/or Service at any time. Any offer for any Product or Service made on this website is void where it is prohibited by law.
(a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
(b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
(a) We may provide you with access to third party tools over which we neither monitor nor have any control nor input.
(b) You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
(c) Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
(d) We may also, in the future, offer new Products and/or Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms and Conditions.
(a) Certain content, Products and Services available on our website may include materials from third parties.
(b) Third-party links on this website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, Products, or Services of third parties.
(c) We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party Products should be directed to the third party.
(a) By uploading, transmitting, posting or otherwise making any material available via our website, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence, without restriction to use, store, reproduce, edit, copy, exploit publish, distribute, translate and otherwise use in any medium any such material that you forward to us and you unconditionally waive all moral rights as defined by the Copyright Act 1968. Any material you upload to our website will be considered non-confidential and non-proprietary.
(b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
(c) You agree that your material will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any material posted by you or any third party.
(d) You acknowledge that we have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the website constitutes a violation of their intellectual property rights or of their right to privacy.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.
(a) Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
(b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You must not:
(a) use the website in breach of any applicable laws or regulations;
(b) use the website for commercial purposes (including for competitive advantage or to our competitive disadvantage
(c) use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) interfere with, disrupt, or create an undue burden on the website;
(e) upload, post, transmit or otherwise make available any material that:
(i) is not your original work, or which may infringe the intellectual property or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) includes an image or personal information of another person unless you have their consent;
(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
(v) contains large amounts of untargeted, unwanted or repetitive content; or
(vi) contains financial, legal, medical or other professional advice.
Without limiting the above, you will not and will not permit a third party to:
(f) misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack;
(g) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the website's content; and
(h) do anything which will or may damage, disrupt access to or interfere with the proper operation of the website.
(a) A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the website. This information will help to better adapt the website to suit personal requirements.
(b) We may use third party vendors to show our ads on websites on the Internet and serve these ads based on a user’s prior visits to the website. We may also use analytics data supplied by these vendors to inform and optimise its ad campaigns based on your prior visits to the website.
(c) While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.
(a) Consumers who acquire goods or Services have a range of rights under consumer guarantees set out in the Australian Consumer Law that cannot be excluded or modified ("Consumer Guarantees"). Nothing in these Terms and Conditions is intended to exclude or modify the application of these Consumer Guarantees.
(b) To the extent permitted by law, everything on the website is provided to you "AS IS". With the exception of Consumer Guarantees and any other rights that cannot by law be excluded ("Non-excludable Rights"), to the fullest extent permitted by law:
(i) we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or implied in relation to your use of the website.
(ii) We exclude any liability we or any other party involved in creating, producing, or delivering the website for loss or damage incur as a result of or in connection with the use of the website including liability for consequential loss or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the website.
(iii) We assume no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the website or your downloading of any materials, data, text, images, video, or audio from the website. We also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.
(c) To the fullest extent permitted by law, our liability for breach of any Consumer Guarantee or in respect of any other Non-excludable right is limited, at our option, to:
(i) in the case of Services, the supply of the Services again or the payment of the cost of having Services supplied again; and
(ii) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
(d) The trademarks used on the website are either trademarks of Gallery Elysium and/or its affiliates, or used on the website with the permission of their respective owners. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trade mark displayed on the website without the express written permission of Gallery Elysium or, if applicable, the third party owner of the relevant trade mark. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.
You agree to indemnify, defend and hold harmless Gallery Elysium and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website and our Supply Terms constitute the entire agreement and understanding between you and us.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria.
Questions about the Terms and Conditions should be sent to us at elio@galleryelysium.com.au