1. ABOUT THE WEBSITE.

1. Welcome to Studio Ukino. We offer branding, web design and photography services for creative business owners and entrepreneurs.
2. The Website is operated by ABN 46721335072. Access to and use of the Website, or any of its associated Products or Services, is provided by Studio Ukino. 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.
3. Studio Ukino reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updating the Terms, it will use reasonable endeavors 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 TERMS.

1. 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 in the user interface.

3. YOUR OBLIGATIONS AS A MEMBER.

1. As a Member, you agree to comply with the following:
   a) you will use the Services only for purposes that are permitted by:
   - the Terms;
   - any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
   c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
   e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Studio Ukino;
   f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
   g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by for any illegal or unauthorised use of the Website; and
   h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

4. PAYMENT.

1. Where the option is given to you, you may make payments via the provided payment plan through the agreed payment instalments which will be deducted from your chosen payment method.
2. All services will only be commenced once the Deposit Payment has been received by Studio Ukino.
3. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.
4. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
5. You agree and acknowledge that Studio Ukino can change the Services Fee at any time and that the changed Service Fee will come into effect following the conclusion of the existing completed service.

5. REFUND POLICY will only apply in the event of Studio Ukino being unable to finish the agreed Service which will result in the initial Deposit Payment being refunded. Due to the nature of its products and services no refunds will be given under other circumstances.


6. COPYRIGHT AND INTELLECTUAL PROPERTY.

1. The Website, the Services and all of the related products of Studio Ukino are subject to copyright. The material on the Website is protected by copyright under the laws of Western Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services 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 Services are owned or controlled for these purposes, and are reserved by or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
   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.
3. Studio Ukino does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Studio Ukino.
4. Studio Ukino retains all rights, title and interest in and to the Website and all related Services. 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.
5. You may not, without the prior written permission of 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 Services or third party Services 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.

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


8. GENERAL DISCLAIMER.

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.
2. Subject to this clause, 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) 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.
3. 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 make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ) 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 Services, or any of its Services related products (including third party material and advertisements on the Website);
   c) costs incurred as a result of you using the Website, the Services or any of the products of ; and
   d) the Services or operation in respect to links which are provided for your convenience.
   
   

9. AFFILIATE DISCLOSURE.

1. We may receive compensation for recommendations made in reference to the products or services on Studio Ukino. Where required, we adhere to ACCC guidelines. This compensation may be in the form of money, services, products, discounts, or special access and could exist without any action from a website visitor. Should you purchase a product or service that was recommended and/or linked on , it is understood that some form of compensation may be made to us by the owners of that product or service. For example, if you click on an affiliate link at and then make a purchase of the recommended product or service, we may receive monetary compensation.
2. This Affiliate Disclosure has been provided for your protection and to fully disclose any relationship between us and the owners of any products or services referenced on our website.

10. LIMITATION OF LIABILITY.

1. Studio Ukino'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.
2. You expressly understand and agree that Studio Ukino, 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.

11. TERMINATION OF CONTRACT.

1. The Terms will continue to apply until terminated by either you or by Studio Ukino as set out below.
2. If you want to terminate the Terms, you may do so by:
   a) providing Studio Ukino with seven (7) days' notice of your intention to terminate before the commencement of your service; and
   b) closing your accounts for all of the services which you use, where Studio Ukino has made this option available to you and your initial deposit payment will be kept to compensate for the web designers time preparing your service.
3. Your notice should be sent, in writing, via email to studioukino@gmail.com and your deposit will be non- refundable.
4. Studio Ukino 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) it is required to do so by law;
   c) the provision of the Services to you by Studio Ukino is, in the opinion of , no longer commercially viable.
5. Subject to local applicable laws, reserves the right to discontinue or cancel your membership 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 's name or reputation or violates the rights of those of another party.
   
   

12. INDEMNITY.

1. You agree to indemnify Studio Ukino, 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.

13. VENUE AND JURISDICTION. The Services offered by Studio Ukino 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 Western Australia.


14. GOVERNING LAW. The Terms are governed by the laws of 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 Western 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.


15. 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.