WE RESPECT YOUR PRIVACY

atish design respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information. ‘Personal information is any information we hold which is identifiable as being about you.

COLLECTION OF PERSONAL INFORMATION

atish design will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. You may provide basic information such as your name, phone number, address, and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. Additionally, we may also collect any other information you provide while interacting with us.

HOW WE COLLECT YOUR PERSONAL INFORMATION

atish design collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

USE OF YOUR PERSONAL INFORMATION

atish design may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs. atish design may contact you by a variety of measures including, but not limited to telephone, email or mail.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of atish design, www.atishdesign.com.au, its customers or third parties. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. When we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

GENERAL DISCLAIMER

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. Subject to this clause, and to the extent permitted by law: All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and atish design 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.

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 of atish design make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of atish design) 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: 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; 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); Costs incurred as a result of you using the Website, the Services or any of the products of atish design; and the Services or operation in respect to links which are provided for your convenience.

MAILING LIST REGISTRATION

You will be given the option to register for the atish design Mailing List (the Mailing List). As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including: Email address, Name and address. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from atish design.

LIMITATION OF LIABILITY

atish design’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. You expressly understand and agree that atish design, 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.

Any information or documentation provided on the Website or associated blog does not constitute design, construction or styling advice, and are provided for general information purposes only. atish design recommends you seek independent advice prior to relying on any information or documentation provided on the Website. atish design will not be liable in any way for your use of, or reliance upon, the information or documents contained on the Website. 

INDEMNITY

You agree to indemnify atish design, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: 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; Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.

VENUE AND JURISDICTION

The Services offered by atish design 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 New South Wales, Australia.

GOVERNING LAW

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

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.

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.