Terms & Conditions - Longina Phillips Designs

This website LPD.com is the property of Longina Phillips Designs Pty Ltd (ACN 003 523 564) (LPD), an Australian company. If you purchase anything from this website you are accepting the terms and conditions within this website including LPD Terms and Conditions, any relevant and any Delivery Service Provider Terms & Conditions. You should review these terms and conditions prior to purchase. Please contact us if you have any questions at info@longinaphillips.com. LPD may vary these terms at any time. Any variations become effective on posting to this website.

Use

Your use of this website is governed by these terms and the associated website privacy policy

Jurisdiction

The material on this website under the domain name ‘longinaphillips.com (Material) resides on a server in Australia. The law applicable to use of the Material and to disputes arising out of the Material is the state of New South Wales, Australia.

Limitation of liability

To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Material and/or any use of the website (Services). Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

Copyright and trade marks

Unless otherwise indicated, we reserve all copyright in the content and design of this website. We own all such copyright or use it under license or applicable law. You may make a temporary copy of part or this entire website on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed.

As the copyright owner, we reserve all other rights.

You may not, in any form, or by any means:

otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this website
cause any of the Material to be framed or embedded in another website
commercialise any information, products or services on this website
except with our prior consent written or as permitted by applicable copyright legislation

We own the trade marks LONGINA and LONGINA PHILLIPS and reserve all rights in relation to those trade marks.

Links to other sites

This website may contain links to websites at domains other than “longinaphillips.com”. Such sites may be controlled or produced by third parties. We do not control, endorse, sponsor or approve any such websites or any content on them, nor do we provide any warranty or take any responsibility for any aspect of those websites or their content.

We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Material is linked.

Copyright in other material

LPD makes no warranties or representations that material on other websites to which Material is linked does not infringe the intellectual property rights of any person anywhere in the world.

LPD is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking Material to such material on other sites.

Anti-spam notice

Publication of electronic addresses on this website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

Sales of Products to End Users Only

LPD sells products from the site to end-user customers who purchase only for their own personal, non-commercial use. You may not purchase products for further distribution or resale or for any other commercial or business purpose.

Pricing

Pricing for products, including any applicable shipping fees, can be found on LPD.com and are clearly displayed next to the products and prior to checkout. Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of goods and services tax (GST). Pricing for LPD products does not include shipping costs, which can be found on LPD.com.

Payment

Payment can be received by PayPal. Please refer to PayPal directly at www.paypal.com if you have any queries relating to making payments using your PayPal account. On processing your order, we must authorise the full amount of the payment, including delivery. Before despatching your order we will debit your PayPal account for the authorised amount. You will receive a confirmation email when the payment has been processed.

Shipping & Product Acceptance and Insurance

Although LPD strives to always display the correct availability of products, an item may have gone out of stock at the time of your order. If this happens, we will contact you via e-mail or phone and provide you with an estimated shipping date. If you choose not to wait, you have the option to either exchange the backordered item or receive a refund of the retail price.

We aim to ship all orders of products in stock within 24 hours of receipt of your order or on the next business day if we receive your order on a weekend or public holiday. However slight delays may happen due to stock/IT issues and time zone differences. We do not offer refunds or exchanges for delays in both physical and electronic stock orders. If you have any questions about your order please email sales@longinaphillips.com

All shipments are sent via our Delivery Service Providers detailed below. The risk of loss and title for all products purchased via the site pass to you upon delivery of the item to the Delivery Service Provider. Unless you contact us to specify that you want to pay for insurance, packages are by default uninsured and unfortunately we cannot assume liability for loss or breakage.

Our Delivery Service Provider is Australia Post. If you have any specific questions relating to Australia Post delivery, please visit www.auspost.com.au

Links to the Australia Post websites are provided for information purposes only.

If tracking is available on your order, we will provide you with this on request. If items are missing from your order, or if the goods are not as ordered, you must contact our customer service department at sales@longinaphillips.com as soon as practicable. Overseas customers please note: You may be responsible for additional overseas importing fees, duties and taxes. Please be aware of your countries importing rules.

Refunds

LPD does not provide refunds for any purchases. If you have a particular question in relation to your order, please contact us at sales@longinaphillips.com

We do not offer refunds or exchanges for delays in both physical and electronic stock orders. If you have any questions about your order please email sales@longinaphillips.com

Damaged Items

Prior to sending the damaged items please email us at info@longinaphillips.com and sales@longinaphillips.com for a RA number for a return for damaged items. – This must be initiated within seven (7) days of receiving the damaged item.

Upon receipt of a RA number, please send damaged items via a trackable service to:

Longina Phillips Designs Pty Ltd
PO Box 1308 Strawberry Hills NSW 2012

The Print School (Longina Phillips Pty Ltd ACN 003 523 564) provides its services to you on the following terms and conditions (Terms + Conditions). When you purchase any training service offered by The Print School (Training) you are agreeing to these Terms + Conditions.

Training

Details of all our courses are available online, however if you require any specific information please contact our team at: info@longinaphillips.com or 9212 3750.

Under 18 Years

You must be at least 15 years of age to enrol in Training. If you are under 18 you will need to download our Under 18 enrolment information and return the relevant Under 18 Consent Form signed by your parent / legal guardian or carer. This consent form must be received by The Print School prior to course commencement. Please see Under 18 Enrolment Information for details and to download the consent forms.

Eligibility

The Print School courses in person do not require any minimum level of computer literacy. However, for some digital courses a very basic understanding of computer devices, Photoshop and Illustrator would benefit other attendees. Specific course details and details are available online.

The Print School courses online require the following Computer, Equipment & Basic computer skills detailed below.

Booking

Bookings are made via The Print School’s website or by phone upon prior arrangement.

Bookings are confirmed upon receipt of full payment and payment is required via the payment form at the time of the booking. Payment must be made via credit card or PayPal.

All prices are in Australian Dollars and incur GST unless otherwise specified.

Bookings are non-refundable and can only be amended or transferred with the prior approval of The Print School and The Print School in its absolute discretion.

Bookings or Training times will not be extended if you fail to attend the Training or attend late for any reason.

The Print School reserves the right at its reasonable discretion to replace scheduled trainers and change, postpone or cancel the date and time of any Training. You will be notified via email or SMS using the contact details provided by you at the time of booking.

The Print School will only provide a refund in the event that it cancels Training.

The Print School assumes no responsibility for non-refundable airline tickets or other expenses incurred by you due to Training cancellations or rescheduling.

What you need – courses in person

For some digital courses it may be your responsibility to bring a fully charged and full functioning devices. Specific course details and details are available online.

The Print School will not provide charging facilities at the Training.

Meals are not provided, apart from refreshments during a tea / coffee break. Participants should supply their own lunch and drinks. The Print School asks that participants do not bring or consume any nut products on the days they attend.

The Print School in person participants should wear comfortable clothes and must wear enclosed shoes (high heels, thongs and sandals are not allowed in studio environments).

What you need – The Print School Online Courses – Computing, Equipment, Skills

Computing- You will need access to a computer and the internet and have basic computing skills. Minimum specifications for your computer are:

All users:

Microsoft Office 2010 or equivalent
Broadband internet connection
Access to Photoshop
2GB of RAM
CD-ROM or DVD drive
Adobe Reader XI or equivalent
Adobe Flash Player 10 or higher.
Access to printer and associated software
Access to scanner and associated software
Digital imaging software
File compression software.

Windows users:

Microsoft Windows 7 or higher (Windows 8 recommended)
1 Ghz or faster processer (2GHz recommended)

Mac OS users:

Mac OSX v10.5 or higher (Mac OSX v10.6 recommended)
1 Ghz or faster processer (2GHz recommended)

Equipment

Software to view online videos and images. Software such as Adobe Reader, Windows Media Player, Windows Photo Viewer etc. are available as a free download from the internet.

Skills

To successfully complete this course, you will require basic computing skills.

What will be covered in the Training?

All course content in connection with the Training is detailed on The Print School’s website for you to view before booking.

The Print School reserves the right to substitute, change, cancel or add to any part of the Training at any time without notice.

There is scope for Training to be flexible if every attendee is advanced in a topic. This will be judged by a The Print School trainer by reference to an everyone or no one vote. If one or more people express interest in covering said topic, then it will be covered in full, regardless of the knowledge of the majority of participants.

All course participants who attend a course in its entirety will receive a Certificate of Attendance at the end of the course.

Termination

The Print School reserves the right to refuse, limit or terminate your enrolment in Training for any reasonable cause, including if you:

are abusive, aggressive, disruptive or insulting towards The Print School staff members or other attendees.
at the Training use or access offensive, illegal or otherwise inappropriate content or material.
do not comply with the confidentiality rights of other persons.
commit an offence under the law while at the Training or otherwise act in a manner detrimental to the wellbeing of The Print School, other attendees or persons, or yourself.
fail to attend Training.
do not comply with proper safety procedures for given Training.
require unusual or extensive services / training beyond the scope of these Terms + Conditions or The Print School’s typical service offerings.
have otherwise breached these Terms + Conditions.

If your enrolment is terminated in any of these circumstances no refund will be available.

The Print School staff will not accept abuse, raised voices, threats, or aggression from student and should this occur The Print School staff will inform the attendee. Where an attendee’s behaviour continues in the Training, the student’s enrolment with The Print School may be terminated immediately. If your enrolment is terminated in these circumstances no refund will be available.

Personal information

You agree and understand it is necessary for The Print School to collect, process and use your personal information in order to perform the service obligations.

You will also receive requests to participate in member surveys.

Copyright Policy

Students are not permitted to film, photograph or otherwise record the Training.

Online students are provided with a license to use course materials solely for completion of the course. Registration is for a single user only.

Online students may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any student may be construed by The Print School as fraudulent use of the Training materials, which will result in the immediate termination without refund. When becoming a student you agree to take all actions possible to protect your username and password from fraudulent use.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, commercially exploit or otherwise use any of The Print School Training materials in any way except for your own personal use solely for completion of the Training course. You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal use for completion of the Training course. Any other use of The Print School materials requires our prior written permission.

Students own the copyright in any original images, drawings or other artistic materials they create during any Training (Projects). For Projects created by teams of students, copyright may be shared by each student in the team. If students wish to post their Projects online (for example, on YouTube, Facebook or Instagram), they should ensure that they do not use any materials that infringe another person’s copyright. If students wish to use such materials, they should seek appropriate clearances from the copyright owner. Further information on copyright can be found in the guidelines distributed during their courses or by visiting www.copyright.org.au

You agree that you will not replicate, reproduce or distribute any element of a class or any Training materials in part or in full.

You agree that The Print Schools is, without your prior permission, able to reproduce, post and otherwise use any artistic work created by you in Training for the purposes of promoting The Print School, the Training and in connection with publicity, media and promotional or marketing material. The Print School is not required to identify you as an author of the artistic work and you waive all moral rights in this regard to the extent possible by law.

The Print School may photograph, film or record participants during course activities and use these photos or recordings for promotional, advertising, archival and accountability purposes. The Print School will not identify a participant by their full name without their express permission.

Data Loss

You understand and agree that in the course of providing the Services, The Print School shall not be liable for any loss, damage, corruption, disclosure or alteration of any files, folders, data, programs or any of your confidential, proprietary, business and/or personal information or removable media (Data). You are responsible for any and all restoration and reconstruction of lost, damaged, corrupted or altered Data. You ensure that any information or Data disclosed to The Print School is not confidential or proprietary.

You are encouraged and expected to take adequate measures to avert and reduce potential data loss and damages. In particular, before you bring your device to a The Print School training session, it is your responsibility to back-up all existing data on your computer disks and/or drives, over the internet where applicable and remove any confidential, proprietary or personal information, and disconnect media or devices such as cds, dvds, pc cards or flash drives.

Limitation of Liability

To the maximum extent permitted by applicable law and whether in contract, tort (including negligence) or otherwise, The Print School and its affiliates, employees and agents will under no circumstances be liable for any special, indirect, incidental or consequential damages resulting from the services, including but not limited to costs of recovering, reprogramming or reproducing any program or data, or the failure to maintain the confidentiality of data, or any loss of business, profits, revenue or anticipated savings. to the maximum extent permitted by applicable law and whether in contract, tort (including negligence) or otherwise, apple and its affiliates’, employees’ and agents’ total aggregate liability to the customer for any and all claims arising under the one to one program shall not exceed the amount you paid for the Training.

The Print School is not liable for the loss or theft of or damage of your property when attending Training.

Jurisdiction

These Terms + Conditions are governed by the laws of New South Wales, Australia without regard to conflicts of law principles, and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

Trend Report – Terms & Conditions

Longina Phillips Designs Pty Ltd (ACN 003 523 564) (LPD) provides fashion design trend forecasting services (Services) to authorised subscribers (Subscribers or “you”).

You must read and agree to these terms and conditions (Terms) in order to subscribe to the Services. By subscribing you or the employer or other entity on whose behalf you are entering into this agreement accept these Terms and enter into a legally binding agreement with us. If you do not agree to the Terms, do not subscribe to the Services.

We reserve the right to vary the Terms at any time by posting any updated terms and conditions on the LPD website (the Website). Any amendments to the terms and conditions shall take effect from the date of publication on the Website.

You are responsible for regularly reviewing the terms and conditions that are published on the Website from time to time and shall be bound by these if you continue to use the Website. If you have any questions at any time in relation to the Terms then please contact us at info@longinaphillips.com.

Subscribers

To register as a Subscriber, you must provide us with accurate information about you (including your current valid email address). You should inform us of any material changes to that information by contacting us at info@longinaphillips.com or via the Website.

Each registration is for a single user only. If you wish to sign up for multiple users then please contact us by telephone or at info@longinaphillips.com.

On registration you shall choose, or will be allocated, your user name and password details (LPD Identity). You are not entitled to share or give another user access in any way to your LPD Identity.

You shall safeguard your LPD Identity at all times and take any and all reasonable steps to prevent unauthorised use of it. If you reasonably believe that your LPD Identity has been stolen, disclosed or being used by another person then you should notify us immediately by emailing us at info@longinaphillips.com.

You shall be entitled to receive and use the trend report in accordance with the subscription package you have ordered and shall not be entitled to change to another subscription package unless we agree to the change in writing.

What do you receive as a subscriber?

An A3 PDF moodboard will be delivered to your nominated email inbox fortnightly for a 12 month period. These storyboards of information include colour palettes, a brief description and each piece of inspiration noted so you are aware of its source.

At LPD we live and brief design, fashion, trends and innovation. Our methodology is fine-tuned to identify, forecast, curate and report trends.

Use of Content

The content within our Services and in any newsletters or other communications sent to you (Communications) includes but is not limited to any text, photographs, images, designs, artwork and logos (Content) and belongs to us or our licensors or other copyright holders as applicable.

The Services are curated by us and we make no claim or warranty that we own individual elements of the Content.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, commercially exploit or otherwise use our Content in any way except for your own personal use. You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal use. Any other use of our Content requires our prior written permission.

In particular, and without limitation to the above, you shall not without our prior written consent:

copy any designs, trade marks or other intellectual property relating to any Content on the Website;
sell or redistribute any of the Content, including but not limited to as part of any library, archive or similar service;
remove the copyright or trade mark notice from any of the Content

You agree to use the Website and Content only for lawful purposes, and shall not act in a way that infringe the rights of, or restrict or inhibit anyone else’s use and enjoyment of the Website or Content.

Fees and Payment

In consideration of the fees paid by you in relation to the subscription package that you order, we hereby provide you with a non-exclusive limited access to the Website during the period of your subscription. Access to the Services is only available once payment has been made in full.

All fees shown on the Website exclude any applicable taxes unless expressly stated otherwise. You represent and warrant that your name and where applicable the name of employer or other entity on whose behalf you are entering into this agreement, address and country as entered on the invoice billing page are valid and genuine.

You shall be entitled to order and make payment to us by telephone or via the Website. Please be aware that, in respect of payments by credit or debit card, your credit or debit card issuer agreement governs your use of your designated credit or debit card in connection with any such payment. You must refer to that agreement and not to these Terms regarding your rights and liabilities as a credit or debit card holder.

When you make a payment via the Website, please be aware that credit and debit card charges are processed via one of our third party processors, who will process the payment accurately and securely. When you make a payment via the Website then you shall be transferred to the relevant third party processor’s website where the relevant payment will be processed.

We have the right in our sole discretion and at any time to make any changes to our fees, payments, payment processing and collection methods, including but not limited to changes to our third party payment processors and currencies in which payment may be made.

You shall pay any sums due to us in the applicable currency without any set-off, deduction, counter-claim and/or any other withholding of monies. Exchange rate differences may apply to payments where applicable.

Where you elect at the time of sign up to the Website to make periodic subscription payments, you are responsible for any such payments in accordance with these Terms.

We do not provide refunds unless we consider in our sole discretion that extraordinary circumstances apply. If you believe that you have a legitimate right to any refund then you must contact us in writing at info@longinaphillips.com giving a full explanation of your request. In the event that we issue a refund then this shall be made by crediting the credit or debit card that was used by you to make the purchase.

In the event of a charge back occurring from your credit card and being charged back to us, we shall be entitled to immediately terminate your subscription and in addition we may take appropriate legal action to recover any sums due including but not limited to referring any charge backs to third party debt collection agencies.

For any payment or billing enquiries please contact our Accounts team at info@longinaphillips.com

Intellectual Property

The images, trade marks, logos and names displayed on the Website and in our Communications are our or our licensors’ registered or unregistered trade marks as applicable. Except where expressly stated to the contrary, nothing on our Website confers any license or right to use any image or trade mark displayed on our Website or transmitted in providing the Services without the prior written agreement of the owner of the relevant trade mark.

Any Intellectual Property Rights in the Website, Content and in our Communications shall be owned by us, our licensors or other copyright holders (as applicable). Intellectual Property Rights means patents, trade marks, service marks, registered designs, design rights, confidential information, applications for any of the foregoing, copyright, database rights, know-how, unregistered designs, trade or business names and other similar rights or obligations anywhere in the world, whether registered or not and whether capable of registration or not.

In the event that you consider that your Intellectual Property rights have or are being infringed arising out of any Content contained on the Website or in a Communication then please notify us as soon as possible at info@longinaphillips.com

Consent

Where you have registered as a Subscriber, you consent to us using and processing your personal information for the following purposes:

Facilitate your payment of the Services.
Providing the Services including delivery of the reports to you by email, SMS, post or other communication.
Contact you by email, SMS, post or other communication to notify you of new reports or other provision of the Services.
To provide you with marketing information by email, SMS, post or other communication in relation to the Services, goods or services related to the Services or other goods or services offered by LPD.

You may withdraw your consent for us to use your information in any of these ways at any time by contacting us at info@longinaphillips.com or by using available unsubscribe tool.

Limitation of Liability and Indemnity

We shall have no liability to you for any and all damages, claims, proceedings, actions, awards, expenses and costs in relation to:

any unauthorised or unlawful use of Content, information and/or other material received by or submitted to you on the Website or in any Communication that is made available to you
any consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programmes and/or services interruptions); economic and/or other similar losses; and/or special damages and indirect losses;
any error, omission, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of communications in relation to the Services;
any delay in performance of the Website and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

In any event, our total liability to you under and/or arising in relation to these Terms shall not exceed the amount paid by you to us within the preceding year. You shall provide to us written evidence of any claims for which it is alleged that we are liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss (if any) before we consider your claim.

Nothing in these Terms shall exclude or limit our liability for death or personal injury due to our negligence or any other liability which we are not permitted to exclude or limit as a matter of law.

You shall indemnify us against any and all losses, damages, awards, costs (including legal costs), claims and any other losses and/or liabilities suffered by us arising from your misuse of the Website or arising from or due to any breach of these Terms by you.

Disclaimer

We do not warrant that the Website and Services, or that any element of the Website and Services, will meet your requirements, purpose and/or expectations, nor that any of the Content on the Website and/or the Communications is accurate or complete and we are under no obligation to verify any such Content.

The Content, Communications and Services are provided “as is” and on an “is available” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, accuracy, fitness for a particular purpose, non-infringement, compatibility and security.

Subscriber’s use of the Services and any materials obtained through the use of the Services is at its own discretion and risk and Subscriber is solely responsible for any infringement of any intellectual property rights that results from such use.

Termination

Annual or other custom packages or agreements may not be cancelled during the period.

We shall be entitled to suspend or terminate your access to the Website with immediate effect in the event that:

you materially breach any of the provisions contained in the Terms; or
cease trading or for any reason cease to own or operate the Website.
if we terminate your access to the Website we will notify you in writing to the email address you have supplied to us.
in the event of termination where you have materially breached any of the provisions of these Terms, then any payments made by you to us are non-refundable and any such termination shall not entitle you to a refund of monies paid, except where we otherwise agree in writing.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of the Website.

We may assign or transfer ownership of and benefits of these Terms to a third party at any time without your consent.

These Terms and the online order form contain the entire agreement between us and supersede all prior agreements, arrangements and understandings between us.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

No waiver by us of any breach of the terms and conditions shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

The terms and conditions are governed by and interpreted in accordance with the laws of New South Wales, Australia and the parties hereby agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Notices to you may be made via either email or Australia Express Post mail. Notices to us shall be made by email to info@longinaphillips.com or by regular mail to the above address. Any notices sent by email shall be deemed to be received on the day they were sent. Any notices sent by Australia Express Post mail shall be deemed to have been delivered 72 hours after posting.

Headings in these terms and conditions are for ease of reference only and shall not affect their interpretation.

All third party rights are excluded and no third parties shall have any right to enforce the terms and conditions. This shall not apply to our associated companies who shall have the right to enforce the terms and conditions as if they were us.

Effective 25 May 2018

Longina Phillips Designs Pty Ltd

Use