1. About the Website
(a) Welcome to www.yourichoi.com (the 'Website'). The Website Graphic design and illustration (the 'Services').
(b) The Website is operated by Youri Choi(ABN 21 210 426 746). Access to and use of the Website, or any of its associated Products or Services, is provided by Youri Choi. Please read these terms and conditions (the '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) Youri Choi reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Youri Choi updates the Terms, it will use reasonable endeavours 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 the Terms
(a) 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 Youri Choi in the user interface.
3. Registration to use the Services
(a) In order to access the Services, you must first register for an account through the Website (the 'Account').
(b) As part of the registration process, or as partof your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(c) You warrant that any information you give to Youri Choi in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, 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 may not accept the Terms if:
(i) you are not of legal age to form a bindingcontract with Youri Choi; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the 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;
(iii) any use of your registration information by anyother person, or third parties, is strictly prohibited. You agree toimmediately notify Youri Choi 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 Youri Choi providing the Services;
(v) you will not use the Services or the Website inconnection with any commercial endeavours except those that are specifically endorsed or approved by the management of Youri Choi;
(vi) 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;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation maybe removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Youri Choi for any illegalor unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated useof the Website or its Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(i) Electronic funds transfer ('EFT') into our nominated bank account
(ii) Credit Card Payment ('Credit Card')
(iii) Cheque ('Cheque')
(iv) International transfer system (Wise)
(b) All payments made in the course of your use of the Services are made using Hnry, Wise, Bank transfer. 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 Hnry, Wise, Bank transfer 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 Youri Choi canvary the Services Fee at any time.
6. Refund Policy
Youri Choi 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 Youri Choi makes a decision, at its absolute discretion, that it is reasonable to do sounder the circumstances (the 'Refund').
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Youri Choi 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 Youri Choi or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Youri Choi, 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. Youri Choi does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Youri Choi.
(c) Youri Choi 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, trademark, 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 subjectof a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of Youri Choi and the permission of any other relevant right sowners: 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.
8. Privacy
(a) Youri Choi takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Youri Choi's Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes anyguarantees, warranties, representations or conditions implied or imposed bylaw, including the Australian Consumer Law (or any liability under them) whichby law may not be limited or excluded.
(b) Subject to this clause, and to the extentpermitted by law:
(i) all terms, guarantees, warranties,representations or conditions which are not expressly stated in the Terms areexcluded; and
(ii) Youri Choi will not be liable for any special,indirect or consequential loss or damage (unless such loss or damage isreasonably foreseeable resulting from our failure to meet an applicableConsumer Guarantee), loss of profit or opportunity, or damage to good will arising out of or in connection with the Services or these Terms (including asa result of not being able to use the Services or the late supply of theServices), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) 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 ofany kind. None of the affiliates, directors, officers, employees, agents,contributors and licensors of Youri Choi make any express or implied representation or warranty about the Services or any products or Services(including the products or Services of Youri Choi) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as aresult of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operationor transmission, computer virus or other harmful component, loss of data,communication line failure, unlawful third party conduct, or the ft,destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of anyinformation on the Website, the 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 theWebsite, the Services or any of the products of Youri Choi; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
(a) Youri Choi's total liability arising out of orin 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.
(b) You expressly understand and agree that Youri Choi, 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 good will or business reputation and any other intangible loss.
11. Termination of Contract
(a) The Terms will continue to apply untilterminated by either you or by Youri Choi as set out below.
(b) If you want to terminate the Terms, you may doso by:
(i) not renewing the Subscription prior to the endof the Subscription Period;
(ii) providing Youri Choi with 30 days' notice of your intention to terminate; and
(iii) closing your accounts for all of the services which you use, where Youri Choi has made this option available to you. Your notice should be sent, in writing, to Youri Choi via the 'Contact Us' link onour homepage.
(c) Youri Choi may at any time, terminate the Terms with you if:
(i) you do not renew the Subscription at the end ofthe Subscription Period;
(ii) you have breached any provision of the Terms orintend to breach any provision;
(iii) Youri Choi is required to do so by law;
(iv) the provision of the Services to you by YouriChoi is, in the opinion of Youri Choi, no longer commercially viable.
(d) Subject to local applicable laws, Youri Choireserves 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 ofthe Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Youri Choi's name orreputation or violates the rights of those of another party.
12. Indemnity
(a) You agree to indemnify Youri Choi, 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.
13. Dispute Resolution
(a) Compulsory: If adispute arises out of or relates to the Terms, either party may not commenceany 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 actionrequired to settle the Dispute.
(c) Resolution: On receiptof that notice ('Notice') by that other party, the parties to the Terms('Parties') must:
(i) Within 21 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, 21 days after the date of the Notice, the Dispute has not beenresolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Youri Choi or his or her nominee;
(iii) The Parties are equally liable for the fees andreasonable expenses of a mediator and the cost of the venue of the mediationand 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 The Dispute Settlement Centre of Victoria, Australia.
(d) Confidential: Allcommunications concerning negotiations made by the Parties arising out of andin connection with this dispute resolution clause are confidential and to theextent possible, must be treated as "without prejudice" negotiationsfor the purpose of applicable laws of evidence.
(e) Termination of Mediation: If 30 haveelapsed after the start of a mediation of the Dispute and the Dispute has notbeen resolved, either Party may ask the mediator to terminate the mediation andthe mediator must do so.
14. Venue and Jurisdiction
(a) The Services offered by Youri Choi is intended to be viewed by residents of Australia. In the event of any dispute arising outof or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever naturearising out of or in any way relating to the Terms and the rights createdhereby shall be governed, interpreted and construed by, under and pursuant tothe laws of Victoria, Australia, without reference to conflict of law principles, not with standing mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties here to and their successors and assigns.
16. Independent Legal Advice
(a) Both parties confirm and declare that theprovisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms arenot against public policy on the grounds of inequality or bargaining power orgeneral grounds of restraint of trade.
17. Severance
(a) If any part of these Terms is found to be voidor unenforceable by a Court of competent jurisdiction, that part shall besevered and the rest of the Terms shall remain in force.