terms + conditions

[Last updated: 26/11/2023]

1. Terms and Conditions

Addy May’s, addymays.com (“Website”), which is operated by Adeline Hearse (“Business”, “we”, “us”, “our” or “Addy May’s”) provides visitors information on the website subject to the following Terms and Conditions (collectively, the ”Terms and Conditions”, the “Terms” or this “Agreement”). The term “you” refers to any visitor viewer, or user of the Website and/or any user of any free or paid product, service, website template, template service, and website design service of the Business (each, a “Product”).

Access to and use of the Website, or any of its associated Products, is provided by Addy May's. Please read these terms and conditions carefully.
By using, viewing, and/or remaining on the Website, and/or purchasing any Products from Addy May’s, this signifies that you have read, understood, accept and agree to be legally bound by the Terms and Conditions outlined herein. If you do not agree with the Terms and Conditions, you must cease usage of the Website, or any Products, immediately.

We reserve the right to review and amend any of the Terms at any time without notice to you. We will alert you to any changes by updating this page and posting the effective date of the latest version at the top of this page. 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 and Conditions for your records.

This Website is intended only for individuals over the age of 18 residing in Australia. We do not make any representations that this Website is appropriate or available for use outside of Australia. If you access the Website or any of our Products from outside of Australia, you do so at your own risk and on your own initiative. It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.

2. Payment

(a) When you purchase any Product through this Website, you are responsible for all applicable costs, fees and taxes associated. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If your payment method is returned or denied for whatever reason, by your financial institution or is unpaid by you for any other reason, you hereby agree to pay all applicable costs, fees and taxes associated with the Product fee due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees on any outstanding balance.

(b) In using the Website or when making any payment in relation to your use of the Product, you warrant that you have read, understood, and agree to be bound by the terms and conditions available on your chosen payment providers website.

(c) You agree and acknowledge that we can vary the Product fee at any time without notice.

3. Refund Policy

(a) We reserve the right to change our refund policy at any time.

(b) Due to the nature of our digital Products, we do not offer refunds under any circumstances unless Addy May’s decides at its absolute discretion that is reasonable to do so.

(b) Any benefits set out in these terms and conditions may apply in addition to consumers' rights under the Australian Consumer Law.

4. Website Availability

While we aim to have the Website available 24/7, we cannot guarantee that access will be uninterrupted or error-free. We reserve the right to conduct maintenance and upgrades to the website which may result in periodic disruptions.

We will not be liable for any damage or losses resulting from the website being temporarily unavailable. We do not warrant that the functions contained in the website content will be completely secure, uninterrupted or error-free. We also make no warranties as to the accuracy, completeness, reliability or currency of any information on the website.

Users are responsible for ensuring they have the required software and hardware to access and use the Website. We are not responsible for issues arising from outdated or unsupported hardware or software being used to access the Website.

We will make reasonable efforts to ensure Website availability but make no guarantees that access will be continuous or fault-free. We are not liable for disruptions or technical issues outside of our control. Please contact us if you experience persistent or recurring problems accessing the Website.

We reserve the right to deny you access to the Website and any Products in our sole discretion at any time for any reason.

5. Copyright and Intellectual Property

(a) The Website, its content and all Products, including but not limited to videos, photographs, sound recordings, images, digital content, digital templates, material available for both paid and/or free download, text, graphics and other material are owned or licensed by Addy May's and are protected by copyright under the laws of Australia and through international treaties. Addy May’s holds trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).

(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by Addy May's, who grants to you a worldwide, non-exclusive, royalty-free, revocable license 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.

Addy May's does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the Business.

(c) Addy May's retains all rights, title, and interest in and to the Website and all related Products. 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, trademark, or industrial design, or
    (iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaption or modification of such a thing, system or process).

(d) You may not, without the explicit written consent of Addy May's and the consent 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. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

6. Limited License and Restrictions

(a) Upon the purchase or download of our Products, you are granted a limited, non-sublicensable, non-transferable, non-exclusive, and revocable license (“License”) to utilise or access the Product for your personal and non-commercial use. The following Terms and Conditions apply to this License;

    (i) each and every Product is limited to one singular use, whether for personal or commercial purposes
    (ii) you are expressly prohibited from engaging in activities such as reselling, distributing, creating derivative works, translating, transmitting, posting, republishing, exploiting, copying, or otherwise using the Product for any commercial or non-personal purposes

(b) The License is specifically intended for individual use, and you have no right to assign any of your rights or transfer any of your obligations under this Agreement.

In the event of any breach of the Terms and Conditions outlined in this Agreement, including the violation of the License granted, we reserve the right to terminate your access to the Website and/or Product purchased and to pursue invoicing for any resulting damages or loss of income.

(c) Addy May's retains full ownership of all design elements within each template design. The photographs included in the Products are the property of Addy May's or are sourced from Unsplash, Pexels, or Kaboom Pics and are subject to their respective copyright licenses. It's important to note that Addy May's does not provide permission or a license agreement for the use of the included images. License information for third party sources can be found on their respective website.

(d) Purchasers of Products who are not designers are permitted to remove the original designer's credits located in the Product footer however, purchasers of Products who are graphic designers, web designers or have their own design business/brand must retain the original credits. The digital Product remains the intellectual property of Addy May's.

(e) Addy May’s provides Products on its Website as customisable templates for you to tailor to your brand and/or online presence. Upon receipt, you shall be solely responsible for editing the template to ensure proper website functionality. Addy May’s has no post-delivery implementation obligations. You may contact us to remedy defects unrelated to your actions. You may only modify templates within specified parameters, instructions, and capabilities. Alterations exceeding these limits shall void your License

7. Privacy

Addy May's takes your privacy seriously, and any information provided through your use of the Website and/or Products are subject to Addy May's Privacy Policy, which is available on the Website.

8. General Disclaimer

(a) Nothing in these 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 these Terms are excluded; and
    (ii) Addy May's 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 Products or these Terms (including as a result of not being able to use the Products or the late supply of the Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

(c) Use of the Website and the Products are at your own risk. Everything on the Website and associated with the Products 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 Addy May's make any express or implied representation or warranty about the Products 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, or any of its related Products (including third party material and advertisements on the Website);
    (iii) costs incurred as a result of you using the Website, or Products of Addy May's; and
    (iv) the Products or operation in respect to links which are provided for your convenience.

9. Limitation of liability

(a) Addy May's total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products to you.

(b) You expressly understand and agree that Addy May's, 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.

10. Competitors

If you are in the business of providing similar Products for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a "Competitor" of Addy May's. Competitors are not permitted to use any information or content on our Website. If you breach this provision, Addy May's will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

11. Termination of Agreement

(a) The Terms will continue to apply until terminated by either you or by Addy May's as set out below;

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

    (i) providing Addy May's with 14 days' notice of your intention to terminate; and
    (ii) closing your accounts for all of the Products which you use, where Addy May's has made this option available to you.

Your notice should be sent, in writing, to Addy May's via the 'Contact' link on our Website or via email (hello@addymays.com).

(c) Addy May's 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) we are required to do so by law;
    (iii) the provision of the Products to you by Addy May's is, in the opinion of Addy May's, no longer commercially viable.

(d) Subject to local applicable laws, Addy May's reserves the right to discontinue or cancel your access to all or any portion of the Website or the Products without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts Addy May’s reputation, name or violates the rights of another party.

12. Indemnity

You shall indemnify, defend and hold harmless Addy May's and our affiliates, and our respective directors, contactors, successors, shareholders, assignees, employees, agents, contributors, third party content providers and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgements, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from:

     (i) your use or misuse of this Website or any of our Products
     (ii) your breach of these Terms and Conditions, or
    (iii) your violation of any third party rights, including without limitations any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights.

We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim.

13. Confidential Arbitration

Any dispute arising out of or relating to this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by confidential arbitration in Sydney, Australia.

The arbitration will be conducted in accordance with the ACICA Arbitration Rules, which are deemed to be incorporated by reference into this clause.

The arbitral tribunal shall consist of one arbitrator to be appointed by mutual agreement of the parties. In the event the parties fail to agree on an arbitrator within 30 days after the initiation of arbitration, the appointment shall be made by the ACICA.

The language of the arbitration shall be English.

All arbitral proceedings conducted pursuant to this clause, including any order, award or other decision and any reason for decision shall remain confidential between the parties and shall not be disclosed to any non-party except to the extent necessary to enforce the rights of either party or in response to an order of a court of competent jurisdiction.

The parties agree not to disclose the existence of the arbitration or any element of it to any third party except as required by law. The confidentiality obligations shall survive termination of this Agreement.

14. Class Action Waiver

The Parties agree that any dispute arising out of or relating to this Agreement, including any question regarding its existence, validity or termination, shall be resolved through individual arbitration and not through class claims or class arbitration.

The Parties waive any right to commence, be a Party to or remain a participant in any class action, collective action, or representative proceeding in any forum. The Parties agree that any claim must be brought in the respective Party's individual capacity, and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding.

This class action waiver prevails over any conflicting terms in this Agreement. The Parties acknowledge that they have read and understood all Terms in this waiver. This waiver survives any termination of this Agreement.

This clause does not limit either Party's right to seek interlocutory relief in the courts to protect its intellectual property rights. The Parties submit to the non-exclusive jurisdiction of the courts in South Australia in relation to interlocutory relief.

This class action waiver shall be governed by the laws of South Australia, Australia. The Parties agree to resolve any Disputes relating to the waiver through confidential arbitration as outlined in the Agreement.

15. Dispute Resolution

15.1. 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).

15.2. 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.

15.3. Resolution: On receipt of that notice (“Notice”) by that other party (“Party”), the parties to the Terms (“Parties”) must:

(a) 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;
(b) If for any reason whatsoever, 21 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 Australian Mediation Association;
(c) 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;
(d) The mediation will be held in Adelaide, Australia.

15.4. 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.

15.5. Termination of Mediation

If 21 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.

16. Venue and Jurisdiction

The Products offered by Addy May's are 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 South Australia, Australia.

17. Entire Agreement

This Agreement constitutes the entire Agreement between you and Addy May's with respect to the subject matter hereof and supersedes all prior understandings or agreements, both oral and written, with respect thereto. This Agreement may only be amended or modified in writing signed by both parties.

18. Governing Law

The Terms are governed by the laws of South Australia, 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 South Australia, 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. Severance

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

20. Miscellaneous

(a) These Terms and any document expressly referred to in them represent the entire agreement between you and Addy May’s and supersede any prior agreement, understanding or arrangement between you and Addy May’s, whether oral or in writing.

(b) Both you and Addy May’s acknowledge that, in entering into these Terms, neither you nor Addy May’s has relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms.

(c) These Terms are not assignable, transferable, or sublicensable by you except with Addy May's prior written consent. We may transfer, assign, or delegate any of its rights and obligations under these Terms without consent.

(e) No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only and in no way defines or explains any section or provision.

(f) These Terms shall be governed by and construed in accordance with the laws of South Australia, Australia, without regards to its conflict of laws rules. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts of South Australia, Australia.

Contact Details
If you have any questions, please contact us using the information below.
Email: hello@addymays.com