TERMS & CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of https://www.aporiasdesigns.com/ (the "Site"). This Site is owned and operated by Aporias Design. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to always abide by them.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

INTELLECTUAL PROPERTY

All content published and made available on our site is proudly 100% the design of the Aporia Designs team, the Moral Rights of which always remain with Aporia Designs.
All content published and made available on our Site is the property of Aporias Design and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Indigenous Cultural and Intellectual Property (ICIP) Rights
Aporia Design recognises and respects the significance of Indigenous Cultural and Intellectual Property (ICIP) in all its forms. The artwork, designs, cultural stories and symbols featured on this website represent the heritage, traditions and knowledge passed down through generations.
ICIP Ownership and Use
All ICIP, including but not limited to traditional knowledge, expressions, art, designs and motifs, are owned by Aporia Designs and remain under the full custodianship of Aporia Designs and the Mura Badulgal Traditional Owners. The sale of artwork and products on this website does not transfer ownership of ICIP or any associated rights beyond the agreed use of the physical or digital product purchased by the buyer.
Respect for Culture and Protocols
The use, reproduction or commercialisation of any ICIP without prior written consent from Aporia Design is strictly prohibited. Any unauthorised use of these cultural expressions violates cultural protocols and may result in legal action. The artist reserves the right to manage the use of ICIP in alignment with cultural protocols and the values of Mura Badulgal Traditional Owners.
Cultural Integrity and Consultation
In cases where ICIP is considered for use beyond the purchase of a product, any use must be by respectful consultation with Aporia Designs and relevant cultural authorities. This ensures the continued protection and appropriate representation of the culture and traditions embedded within the work.
By purchasing from this website, you agree to respect the ICIP rights of Aporia Design and to use the purchased products to uphold the cultural significance and integrity of the work.

ACEPTABLE USE

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

Harass or mistreat other users of our Site;

Violate the rights of other users of our Site;

Violate the intellectual property rights of the Site owners or any third party to the Site;

Hack into the account of another user of the Site; or

Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps to prevent you from accessing our Site.

SALE OF GOODS

These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
Artwork;
Clothing and apparel;
Merchandise; and
Other products.
These Terms and Conditions apply to all the goods displayed on our Site when you access it. This includes all products listed as being out of stock. All information, descriptions, or images we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that you are responsible for monitoring your payment instrument to verify receipt of any refund.

PAYMENTS

We accept the following payment methods on our Site:
Credit Card.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you chose. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

CONSUMER PROTECTION LAW

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

LIMITATION OF LIABILITY

Aporias Design and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses, including legal fees from your use of the Site.

INDEMNITY

Except where prohibited by law, by using this Site you indemnify and hold harmless Aporias Design and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

APPLICABLE LAW

These Terms and Conditions are governed by the laws of the State of Queensland.

DISPUTE RESOLUTION

Subject to any exceptions specified in these Terms and Conditions, if you and Aporias Design cannot resolve any dispute through informal discussion, then you and Aporias Design agree to submit the issue before a non-binding mediator and to an arbitrator if mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to you and Aporias Design. Any mediation or arbitration costs will be shared equally between you and Aporias Design.
Notwithstanding any other provision in these Terms and Conditions, you and Aporias Design agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

SEVERABILITY

If at any time any of the provisions outlined in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void. They will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

CHANGES

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

CONTACT DETAILS

Please contact us if you have any questions or concerns. Our contact details are as follows:
aporiasdesigns87@gmail.com | Badu Island, QLD, 4875