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Terms and Conditions

This website (Site) is owned and operated by Sarah Aktag ABN 48 617 498 637 (trading as Brand Eliza) (we, our, or us). It is available at: www.brandelizastock.com.au
Please read these Terms and Conditions before using this website.

CONSENT

By accessing and/or using this Site, you agree to these Terms of Use, our Privacy Policy, Disclaimer, and Terms and Conditions Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. When purchasing goods from the Site, you are entering into a contract between you and Brand Eliza. Please read these Terms carefully before placing an order.

The following represents our Usage Agreement, which you must consent to in order to use this website.  The Usage Agreement and Privacy Policy act as legally binding contracts between you and Sarah Aktag. The effective date for both is September 1st, 2021.

We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the Terms and Conditions as they appear, whether or not you have read them. If you do not agree with these Terms and Conditions, please do not use our Website or its Content.

USAGE AGREEMENT

All images in the ELIZASTOCK image catalogue are considered standard (non-commercial) “royalty-free” stock images.  Here’s what that means!

Sarah Aktag is either:

  1. The sole and exclusive owner of all content found on this site (including any photographs, images or any other media together with any associated keywords, metadata and/or titles) and holds the copyright of all such Content sold in the ELIZASTOCK catalogue or distributed through the  ELIZASTOCK  Subscription Membership.
  2. Has the exclusive rights to license and reproduce, display, sublicense, sell, market, or otherwise distribute all such Content found on the website in stock photography format.

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by intellectual property laws.

If you have purchased a service, membership, product, or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to abide by these Terms and Conditions. Any registration by, use of, or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed, and in violation of these  Terms and Conditions.

You are responsible for complying with any local laws that are applicable in your jurisdiction.

All products and services provided and advertised by Company are subject to any other applicable terms and conditions governing their use.

If you are a Subscriber to this Site:

  1. You may not transfer the subscription, transfer the content files, sell, lease, assign, or give away  ELIZASTOCK content or anything similar thereof to a third party.  Any commercial or for-profit usage of content is prohibited.
  2. By becoming a subscriber You acknowledge that your subscription is a non-exclusive limited use license of all content provided by ELIZASTOCK. Likewise, if purchasing individual content via the website (instead of being a subscriber) you understand that as a Purchaser, all content comes with a non-exclusive limited use license that is similarly held by all purchasers of the same content.
  3. As a Purchaser/Subscriber you may use ELIZASTOCK content for professional use in the normal course of your business and for personal use.
  4. Finally, you may not use content in any way that allows others to download, extract, or redistribute the content (e.g., you may not include any such content in a website template for use by others without written permission from  Sarah Aktag. You may not use content in a defamatory or unlawful manner. You may not use the content as part of a trademark, design mark, trade name, business name, service mark, or logo.
LICENCE TO USE OUR SITE

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

PROHIBITED CONDUCT

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights.
  • Using our Site to defame, harass, threaten, menace or offend any person.
  • Interfering with any user using our Site.
  • Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site.
  • Using our Site to send unsolicited email messages.
  • Facilitating or assisting a third party to do any of the above acts.
EXCLUSION OF COMPETITORS

You are prohibited from using our Site, including the Content, in any way that competes with our business.

INFORMATION

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  • Copy or use, in whole or in part, any Content.
  • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party.
  • Breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
DISCONTINUANCE

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  • They are complete, accurate, reliable, up-to-date and suitable for any particular purpose.
  • Access will be uninterrupted, error-free or free from viruses.
  • Our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

LIMITATION AND LIABILITIY

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

INDEMNITY

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

TERMINATION

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

JURISDICTION

Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.