Terms of Use

This document was last updated on 10th July, 2024

TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to www.littlestepsinteriors.com.au (Website). The Website provides e-design services (Services) and an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

(b) The Website is operated by R & E Pty Ltd (ACN 668 494 988), trading as Little Steps Interiors (BUSINESS NAME). Access to and use of the Website, or any of its associated Products or Services, is provided by Little Steps Interiors. 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.

(c) Little Steps Interiors reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Little Steps Interiors updates the Terms, it will be reflected with the updated date at the top of this page. We encourage Site Users to periodically check this page, to stay informed on any changes. You acknowledge and agree that it is your accountability to check the Terms frequently and become informed of any amendments. 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 Little Steps Interiors in the user interface.

3. Registration to use the Services and the Purchase Services

(a) In order to access the Services and the Purchase Services, you may register for an account through the Website (Account) or submit information via electronic channels, including but not limited to e-design forms.

(b) As part of the registration process, or as part of your continued use of the Services and the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

(i) Email address

(ii) Preferred username

(iii) First Name and Last Name

(iv) Mailing address and/or Shipping address and/or Post Code

(v) Telephone number

completing the registration process to access the services will always be accurate, correct and up to date.

(d) Once you have completed the registration process or made submissions via electronic channels, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

(e) You may not use the Services and the Purchase Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Little Steps Interiors; or

(ii) you are a person barred from receiving the Services and the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services and the Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services and the Purchase Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) 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 and the Purchase Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Little Steps Interiors of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) 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 Little Steps Interiors providing the Services and the Purchase Services;

(v) you will not use the Services and the Purchase Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Little Steps Interiors;

(vi) you will not use the Services and the Purchase 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;

(vii) 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 and the Purchase Services. Appropriate legal action will be taken by Little Steps Interiors for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Services and the Purchase Services is prohibited.

5. Payment od Services

(a) Where the option is given to you, you may make payment for the Services (Services Fee) by way of:

(i) Electronic funds transfer (EFT) into our nominated bank account

(ii) Credit Card Payment (Credit Card)

(iii) PayPal (PayPal)

(b) All payments made in the course of your use of the Services are made using third party merchant. 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 third party merchant’s terms and conditions which are available on their website.

(c) 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.

(d) You agree and acknowledge that Little Steps Interiors can vary the Services Fee at any time.

6. Services Refund Policy

Little Steps Interiors will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Little Steps Interiors makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

No Refunds for E-Design Services

All sales/purchases for e-design services are final, and Little Steps Interiors does not offer any money-back guarantees or refunds. You recognize and agree that you shall not be entitled to a refund for any e-design purchases or any initial payment made at the commencement of Services, under any circumstances. This applies to all the e-design service which Little Steps Interiors offers as listed below and also applies to any add-on services:

(i) Curated E-Designs

(ii) Inspiration E-Designs

(iii) Styled to Fit E-Designs

Out of Stock Items

Little Steps Interiors does not accept any liability or provide any guarantee where an item from the e-design board may go out of stock for any reason or is discontinued by the supplier and/or retailer. Little Steps Interiors will offer an alternative retailer for the same item where possible or a similar and/or comparable and/or alternative suggestion within/upto 7 days from the date of delivery of the final design package.

7. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the product. (Purchase Price).

(b) Payment of the Purchase Price may be made through Stripe PayPal (Payment Gateway Provider). In using the Purchase Services, you warrant that you have formalised yourself, with and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the payment Gateway Providers.

(c) Following payment of Purchase Price being confirmed by Little Steps Interiors, you will be issued with a receipt to confirm that the payment has been received and Little Steps Interiors may record your purchase details for future use.

(d) Little Steps Interiors may at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

8. Delivery

(a) You acknowledge that the Purchase Services offered by Little Steps Interiors integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).

(b) In providing the Purchase Services, Little Steps Interiors may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Little Steps Interiors is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect of providing the Delivery Services.

(c) In the event that an item is lost or damaged in the course of Delivery Services, Little Steps Interiors asks that you:

(i) contact the Delivery Service Provider directly to request a refund or to claim any insurance options available; and

(ii) contact us by sending an email to hello@littlestepsinteriors.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

9. Warranty

(a) Little Steps Interiors’ Products come with the guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).

(b) You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 3 months from the date of purchase (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Little Steps Interiors showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Little Steps Interiors by email at hello@little stepsinteriors.com.au.

(d) Where the Warranty Claim is accepted then Little Steps Interiors will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for the parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Little Steps Interiors and shall be the sole and exclusive remedy available to you in addition to other rights under a law in relation to the Products to which this warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products not to the additional excluded items set forth below not to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

10. Copyright and Intellectual Property

(a) The Website, the Services and the Purchase Services and all of the related products of Little Steps Interiors are subject to copyright. The material on the Website is protected by copyright under the laws of 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 Little Steps Interiors or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or

licensed by Little Steps Interiors, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

Little Steps Interiors does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Little Steps Interiors.

(c) Little Steps Interiors 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:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) 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).

(d) You may not, without the prior written permission of Little Steps Interiors 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.

(e) The Service is controlled, functioned and managed by Little Steps Interiors within Australia. If you access the Service from a location outside of Australia, you are accountable for compliance with all local laws. You agree that you will not use the Content accessed through the Website in any country or in any way that is prohibited by any relevant local laws.

11. Privacy

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

12. Disclaimer

(a) 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.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

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

(c) Use of the Website and the Services and the Purchase Services is at your own risk, and any of the products of Little Steps Interiors (including Delivery Services) is at your own risk. Everything on the Website and the Services and/or the Purchase 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 Little Steps Interiors (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Services or any products or Services (including the products or Purchase Services of Little Steps Interiors) 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:

(i) 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;

(ii) the accuracy, suitability or currency of any information on the Website, the Services and/or the Purchase Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services and/or the Purchase Services or any of the products of Little Steps Interiors; and

(iv) the Services or the content or operation in respect to links which are provided for your convenience.

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the website; or

(vi) any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of any materials relating or consulting such conduct.

(d) You recognize that Little Steps Interiors has not made any guarantees about the outcomes of taking any action, whether suggested on this Website or not. Little Steps Interiors may or may not provide informational resources that are intended to help users of this website succeed in their interior design projects and otherwise. You nevertheless acknowledge that your ultimate success or failure will be the outcome of your efforts, specific situation, and numerous other circumstances beyond the control and/or knowledge of Little Steps Interiors

(e) Any errors or omissions on this website or for any damage/loss you may suffer as a consequence of failing to seek competent advice from a professional who is aware of your situation.

(f) You also acknowledge that earlier outcomes do not warranty a similar result. Hence, the outcomes obtained by other clients of Little Steps Interiors or otherwise, applying the principles set out in this Website are no warranty that you or any other person will be able to obtain similar outcomes.

(g) Little Steps Interiors will not accept you as a client unless and until we ascertain that there is a fit and until several requirements, such as fee arrangements, are determined. Thus, you acknowledge and accept that we have not formed any professional-client relationship by the use of this Website.

(h) By your use of this Website, you acknowledge the personal responsibility for the outcomes of your actions. You accept to take full accountability for any harm or damage you suffer as an outcome of the use, or non-use, of the information accessible on this Website. You agree to use judgment and conduct due diligence before taking any action or applying any plan recommended or suggested on this Website.

(i) Third Party Links: The e-designs or any electronic channel which may contain links to other websites, however the links to third party websites are not under the control of Little Steps Interiors. Little Steps Interiors is not accountable for the contents of any Linked Website, including (without limitation) any link contained in a Linked Website, or any modifications or updates to a Linked Website. Little Steps Interiors is providing the links to you only as a convenience, and by the inclusion of any link(s) does not mean endorsement by Little Steps Interiors of the Website or any connection with its operators.

(j) Photo Sharing / Design Boards: Little Steps Interiors do not claim possession of the materials you provide to the Website (including any feedback and/or suggestions) or post, upload or input to any Website or our associated services (collectively “Submissions”).

(i) however, by uploading, sharing, or submitting your Submission you are permitting Little Steps Interiors to use your Submission in connection with the function of their Internet businesses (social platforms) including, without limitation, the rights to copy, circulate, transfer, widely display, publicly display and perform, reproduce (final nursery photos, design boards), edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

(ii) No payment or costs or compensation will be paid with respect to the use of your Submission, as provided herein. Little Steps Interiors is under no compulsion to post or use any Submission you may provide and may remove any Submission at any time in Little Steps Interiors’ sole discretion.

13. Limitation of liability

(a) Little Steps Interiors’ total liability arising out of or in connection with the Services and/or the Purchase 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 and/or the most recent Purchase Price, then the total liability of Little Steps Interiors is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Little Steps Interiors, 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.

(c) Little Steps Interiors is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the website or in conection with Purchase Services, whether posted or caused by users of the website of Little Steps Interiors, by third parties or by any of the Purchase Services offered by Little Steps Interiors.

(d) You acknowledge that Little Steps Interiors does not provide the Delivery Services to you agree that Little Steps Interiors will not be liable to you for any special, indirect or consequential loss or damage, loss of profit, or opportunity, or damage or goodwill arising out of or in connection with the Delivery Services.

11. Termination of Service

(a) The Terms will continue to apply until terminated by either you or by Little Steps Interiors as set out below

(b) If you want to terminate the Terms, you may do so by:

(i) providing Little Steps Interiors with days' notice of your intention to terminate; and

(ii) closing your accounts for all of the services and/or Purchase Services which you use, where Little Steps Interiors has made this option available to you.

(d) Little Steps Interiors may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Little Steps Interiors is required to do so by law;

(iii) the partner with whom Little Steps Interiors offered the Purchase Services to you has terminated its relationship with Little Steps Interiors or ceased to offer Purchase Services to you;

(iv) Little Steps Interiors is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you see the service; or

(v) the provision of the Services and/or the Purchase Services to you by Little Steps Interiors is, in the opinion of Little Steps Interiors, no longer commercially viable.

(e) Subject to local applicable laws, Little Steps Interiors reserves the right to discontinue or cancel your membership and/or sign up 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 or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Little Steps Interiors’ name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Little Steps Interiors have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

15. Indemnity

(a) You agree to indemnify Little Steps Interiors, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) 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;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(iii) any breach of the Terms.

16. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Melbourne Mediation Centre or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Melbourne, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

The Services and the Purchase Services offered by Little Steps Interiors 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 Victoria, Australia.

18. Governing Law

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

19. 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.

20. 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.

TERMS OF USE

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