1. Painting in a cave
   1. 1.Website Terms and Conditions
   2. 2.Last updated: January 2021
2. Welcome to Painting in a cave

<http://paintinginacave.com/> (the Site) is operated by Alex Kitchen ABN 31630163872
 (we/us/our).   

1. Acceptance and Variation
   1. 1. By accessing, registering a user account or using the Site you agree to be bound by these Terms and Conditions (Terms). If you do not agree to these Terms please exit the Site and do not proceed to access it in any way.
      2. We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site at any time, without liability or further notice to you. 
      3. Your continued use of the Site subsequent to a change taking place will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us.
2. Intellectual Property
   1. Copyright
      1. The information and documentation contained within the Site (including its coding, imagery, wording, design, graphics and logos) is owned by us or granted to us under licence and is protected under the Copyright Act 1968 (Cth).
      2. You may only retain copies of information on the Site if it is obtained incidentally to your viewing and if kept only for your own personal reference.
   2. Trade marks

You acknowledge and agree that you are not granted any right or licence to any of our trade marks as displayed on the Site, or the trade marks of any third party displayed on the Site.

1. Permitted Use
   1. 1. You agree that you are only authorised to use the Site for the following activities:
         1. viewing our offering;
         2. conducting research on our offering;
         3. conducting investigations with respect to our business; 
         4. retrieving our contact details and communicating with us; 
         5. reviewing our policies; or
         6. otherwise transacting with us.
      2. You must not use any part of the Site for any commercial purposes (other than transacting with us). 
2. Interference

You agree that you will not:

1. 1. 1. use any automated processes or means  to access the Site;
      2. use any software or manual repetition that will or is likely to interfere with the Site; or
      3. attempt to cause stress or detriment to the proper working of the Site, such as by:
         1. acting in any way likely to cause an unreasonable strain to the infrastructure of the Site; 
         2. reloading or refreshing transaction pages more than once every 5 seconds; or
         3. requesting any page of the Site more than 1000 times in aggregate in a 24 hour period.
2. Communications
   1. 1. When visiting the Site, making an order or sending information to us, you are communicating with us electronically. By making such electronic communications you consent to receiving communications (including legal notices) from us electronically. 
      2. We may communicate with you by:
         1. email to any email address that you have provided;
         2. by posting notices on the Site; or
         3. by any other means set forth in any of our Policies.
3. Parental
   1. 1. All users of the Site must be 18 years of age, or older, to engage with the Site or to create a user account on the Site. 
      2. Minors under the age of 16 years must obtain parental or guardian consent before engaging with the Site.
4. Consequences for violation
   1. 1. If you violate these Terms in any way, we may in our sole discretion and without notice to you:
         1. take any legal action we have available against you;
         2. terminate your account;
         3. block your use of the Site;
         4. restrict your ability to make future orders; and
         5. disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.
      2. You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing its expenses and in such a case irrevocably consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
      3. Where your violation of these Terms or any of our Policies causes damage, loss or expense to us, to the fullest extent permissible by law, you indemnify us against any such damage, loss or expense suffered or incurred.
      4. If we are required to terminate your account, block your use of the Site or restrict your ability to make orders through the Site as contemplated in clause 8(a), you hereby release and hold us harmless from all damage, loss, expense, cost or liability that you may suffer as a result of such conduct.
5. Third party sites
   1. 1. The Site may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites and do not endorse any aspect of these third-party services. Such links are provided for convenience and interest only. You use these Linked Sites entirely at your own risk.
      2. We urge all our Sites users to carefully review each Linked Site’s privacy policies and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed from the Site, you are entering a separate agreement with that third party, and expressly agree that we are not a party to or interested in that transaction.
      3. You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense.  By linking, you must not alter any of the Site’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
6. Liability
   1. 1. We will not be held liable for any losses or damages caused by your use of the Site, whether directly or indirectly, nor will it be liable for any damages suffered by you as a consequence of your use of any website linked to or from the Site. 
      2. We reserve the right to refuse any order without giving reason. In the event of order cancellation, we will make all reasonable attempts to contact you using the details you have provided. 
      3. All monies received by us for an order that has been cancelled will be fully refundable to you unless otherwise specified in these Terms, our Purchasing Policy or at the time of your purchase.
7. User’s risk
   1. 1. We will use reasonable care and skill to ensure that the Site is free from defect and harmful code. 
      2. With regard to any device you choose to use as a means to access the Site, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for your device. 
      3. We will not be held liable for any losses or damage caused by your use of the Site, whether directly or indirectly, suffered yourself or by a third party, and your use of the Site is entirely at your risk.
8. Disclaimer
   1. 1. You acknowledge internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software. Accordingly, the Site is delivered on an “as is” and “as available” basis. 
      2. Whilst all due care has been taken in providing the information on the Site, we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose relating to the Site.
      3. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
      4. We undertake all due care with any information which you may provide when accessing the Site and to preserve such information in a secure manner and in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to the Site is entirely at your own risk.
      5. From time to time we may host third party content on the Site such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.
9. Indemnity

You will at all times indemnify and keep us indemnified along with our respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of, your use of the Site or any breach of these Terms by you.

1. General
   1. Jurisdiction
      1. This Agreement is governed by the law in force in the State of Queensland, Australia.
      2. Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
      3. Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland, Australia.
      4. We reserve the right to make any changes to the Site and these disclaimers, terms and conditions at our sole discretion.
   2. Severability

Any provision of the Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms which will remain in force.