We reserve the right to:
a) Change these Terms at any time. We will notify you of that change by email or by posting a notice on the website. By continuing to use the website, you agree to be bound by the amended Terms. If you do not agree to the new terms, please stop using the website;
b) Change or discontinue the website and any or all of the products, information and services provided (including commercial features and services), either permanently or temporarily, without any notice to you;
c) Deny or terminate your use of or access to the website.
a) Provide accurate, complete and up-to-date information as requested (including your email address);
b) Maintain and update your information as required to keep it accurate, complete and up to date;
c) Allow us to use the information to contact you in delivering the website’s services to you.
If you choose to register through Facebook, you will remain bound by Facebook’s terms of service when you are using Facebook’s website and you provide us with the authority to copy your Facebook details to the website.
All registered account holders are automatically set up to receive email communications from us based on the information provided. We may continue to contact you and provide you with information from Cosy PROJECT until you indicate otherwise. You may opt out of receiving communications from us at any time by altering the email settings contained within your profile, clicking on Unsubscribe in the emails we send you or by emailing us at firstname.lastname@example.org for other forms of communication.
You accept that we reserve the right to terminate this Agreement, any member account registration, and/or your use of the website at any time and for any reason without notice to you.
Login Information and Security:
We care about the security of our users and work to protect the security of your content and account. However, you are responsible for protecting the password associated with your account. We cannot and will not be liable for any loss or damage arising from failure of safeguarding passwords. Further, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures and access your account. Please notify us immediately of any compromise or unauthorised use of your account.
Cosy PROJECT is a website that provides digital patterns, online classes and physical products for sale.
Reviews and ratings:
As a user, you may be able to post comments, reviews or ratings of a professional, their product or work on the website. Such posts are considered User Content. If you post a review or rating of a professional, their product or work on the website, you acknowledge that:
a) It is based on your first-hand experience;
b) Is accurate, truthful and complete;
c) You are not an employee, contractor or director of the business, service provider or vendor that is the subject of the review;
d) You are not an employee, contractor or director of a competitor to the business, service provider or vendor that is the subject of the review.
Use of Content on the Website:
The reliance and use of any content or information posted on the website or acquired by you through the website is at your own risk. Under no circumstances will Cosy PROJECT be liable in any way for use of any content, including but not limited to errors or omissions, any loss or damage of any kind experienced as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website and its services.
Reviews are solely the opinions of the users that post them and none of the reviews on the website contain or reflect any opinions or views of Cosy PROJECT.
The content and information on the website concerning a business, product, professional or service is provided by users and while we require users to provide complete, accurate and non-misleading information, we do not represent, warrant or guarantee that any statements or descriptions are accurate, complete, reliable, current, not misleading, or error free, and we are not responsible for and disclaim any liability arising from or relating to such information.
Third Parties and Third Party Links:
You acknowledge and agree that Cosy PROJECT is not responsible or a party to any agreement or transaction that you choose to enter into with any third party. Any such arrangements or transactions entered into are at your own risk.
Where any dispute arises between you and another user of Cosy PROJECT you acknowledge that Cosy PROJECT will not be a party to any such dispute.
Acceptable User Conduct:
We want to ensure that Cosy PROJECT is a safe, comfortable and inspiring place that functions optimally for all users. You agree not to use the website and its content or services to take any actions that:
a) Are contrary to Cosy PROJECT’s public image, goodwill or reputation;
b) Infringe on or uses our or any third party’s copyrights or trademarks, or any confusingly similar marks, or trade secrets or other proprietary rights;
c) Remove any copyright, trademark, or other proprietary rights notices contained in or on the website;
d) Are unlawful or violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that would constitute a criminal offence or give rise to civil liability;
e) Are libellous, misleading, fraudulent, deceptive, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, intimidating, discriminatory, pornographic, or obscene;
f) Collect content, personally identifying user information or other information, or otherwise accesses the website, by automated means;
g) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index or ‘data mine’ the website or in any way reproduce or circumvent the navigational structure or presentation of the website or its content, authentication and security measures;
h) Use Cosy PROJECT’s user information to forge any packet header or any part of the header information in any email or newsgroup posting, or in any way use Cosy PROJECT to send altered source-identifying information;
i) Disable, burden, or impair the proper working of the website, such as a denial of service attack, or the uploading or distribution of any virus, malicious code, worm or other similar deleterious files, scripts or programming routines;
j) Restrict, or inhibit any other visitor from using the website, including, without limitation, by means of ‘hacking’ or defacing any portion of the website;
k) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the website or its information;
l) Interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Cosy PROJECT or its suppliers;
m) Enable or involve the preparation or distribution of unlawful multi-level marketing, pyramid schemes, junk mail, spam, chain letters, or other deceptive or unsolicited bulk or commercial communications;
n) Post unauthorised commercial communications to the website;
o) Express or imply that any of your statements, activities or causes are endorsed by us without our prior written consent;
p) Offer any contest, giveaway or other promotion without our prior written consent;
q) Cosy PROJECT may otherwise determine to be inappropriate.
Should you allow a third party to use your Cosy PROJECT login, you understand that we will deem this to be your conduct and you will be responsible for that conduct.
Improper or inappropriate use of the website, information and services may result in termination of your access to the website and/or civil or criminal liabilities.
If you become aware of any breach or possible breach of the Terms of this Agreement and specifically the Terms relating to User Conduct above, please contact us at email@example.com.
Ownership and Trade Mark Notice:
The website is owned and operated by Universal Media Co. Pty Ltd, and the products, information and services (and any intellectual property and other rights relating to it) are the property of Universal Media Co. The website, its products, information and services are protected by Australian and International copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The website, its products, information and services may only be used to the extent permitted by this Agreement. The words ‘Cosy PROJECT’ and the Cosy PROJECT logos are trademarks of Universal Media Co. Nothing contained in these Terms or on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark(s) without the express permission of Cosy PROJECT, Universal Media Co. or the relevant trademark owner. You may not take any action that is in conflict with our rights in our ownership of the Cosy PROJECT trademark or the website, its products, information and services.
Claims for Copyright of Trademark Infringement:
We respect the intellectual property rights of others and expect our users to do the same. We will respond to alleged infringement notices in accordance with the Digital Millennium Copyright Act of 1998 (DMCA). If you believe in good faith that content or materials on the website infringe your copyright, then you (or your authorised agent) may send us a notice addressed to the Cosy PROJECT Designated Copyright Agent containing the information below and requesting that the material be removed. Cosy PROJECT will review your claim and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the website. If we remove the content in response to a notice, we may notify the user with details about the notice so that they can submit a counter notice pursuant to the DMCA. If we determine that the materials alleged to infringe your copyright do not require removal, then the materials can still be removed pursuant to a court order delivered by you. It is our policy, in appropriate circumstances and at our discretion, to terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Please provide the following information in writing in your notice:
- An electronic or physical signature of a person authorised to act on behalf of the copyright owner;
- Identification of the copyrighted work or trademark that you claim has been infringed, or if multiple copyrighted works or trademarks located on the website are covered by a single notice, a representative list of such works;
- Identification of the material that is claimed to be infringing information reasonably sufficient to allow us to located the material on the website;
- Information reasonably sufficient to permit Cosy PROJECT to contact you, such as your name, address, telephone number, and, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the information contained in the notice is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner.
Please be advised that Cosy PROJECT will not respond to notices or complaints that do not meet these requirements.
Please submit the above information to:
Attn: Cosy PROJECT Designated Copyright Agent
Universal Media Co.
Unit 5, 6-8 Byfield Street
North Ryde NSW 2113
Please be aware that there can be penalties for false claims under the DMCA. It is advisable that you contact a lawyer regarding your rights and obligations under the DMCA and other applicable laws.
Payments and Paid Products:
If you purchase any of our paid products, you agree to pay us the applicable fees and taxes. Also:
a) All prices are listed in Australian dollars (AUD) and other major currencies are available which are indicative only. All purchases are in AUD. Your purchase may be subject to foreign exchange fees or differences in prices based on your location (e.g. exchange rates and GST tax);
You will be emailed a receipt for all payments made to Cosy PROJECT at the time the payment is being made to the email address provided to us and linked to your business profile. For an additional record of your payments made to Cosy PROJECT:
- Log on to your account
- View My Orders
- For anything further, please contact us at firstname.lastname@example.org
If you are not satisfied with your purchase, please email us at email@example.com
We do not offer refunds for online patterns.
Terms and Termination:
This Agreement and its Terms are effective from the date that you first access the website and shall remain effective until terminated in accordance with its terms. We may immediately terminate or suspend this agreement, and/or your access to and use of the website, at any time, with or without cause or notice to you. This Agreement will terminate automatically if you fail to comply with any term of this Agreement. All disclaimers, all limitations of liability and all Cosy PROJECT rights of ownership shall survive termination.
The website, including but not limited to its products, information and services, is provided on an ‘as is’ and ‘as available’ basis and without warranty, representation or guarantee of any kind, whether express or implied. Cosy PROJECT expressly disclaims, to the fullest extent permissible under applicable law, all warranties and conditions of title, accuracy, completeness, merchantability, fitness for any particular purpose of use, and non-infringement, and any warranty arising out of course of dealing, course of purpose or usage of trade.
There is no warranty, representation, or guarantee that the website, or your use of the website, will be uninterrupted, error-free, complete, accurate, reliable, secure or that defects will be corrected, or that the website and any information, software or other material accessible from the website is free of viruses or other harmful components, or that any feature of the website will continue to be provided.
We take no responsibility and assume no liability for any User Content or Third Party Content that you or any other user or third party posts or transmits using the website and its services and products. We do not guarantee or endorse the accuracy of any User Content or third party information. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose.
Limitation of Liability:
To the maximum extent permitted by applicable law, neither Cosy PROJECT nor any of its licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants or other representatives, shall be liable for any indirect, incidental, special, consequential, exemplary, punitive or other damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, or any other liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to:
(a) the website, its products, information, services, and/or any linked website;
(b) your access to or your use of or inability to access or use the website, its products, information, and services;
(c) your hiring or engagement of, or association with, any third-party advertising, using or offering products or services through the website;
(d) any conduct or content of any user or third party on the website, including, without limitation, any inaccurate, incomplete, misrepresented, defamatory, offensive, or illegal content or conduct of other users or third parties; or
(e) unauthorised access, use or alteration of your content
whether or not we have been informed of the possibility of such damages or liabilities.
Your sole remedy with respect to this website, its products, information and services, is to stop using the website, service, and information as applicable.
You agree to fully indemnify, defend, and hold Cosy PROJECT and Universal Media Co., our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, actions, damages, losses, costs (including reasonable legal fees), and other expenses incurred by us or any third party that arise directly and indirectly out of or from:
a) your breech of any of these Terms;
b) any allegation that any materials you submit to us or transmit on the website infringe or otherwise violate copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party;
c) your use of, access to or activities in connection with the website or other websites to which the Website is linked;
d) reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your registered account, and/or
e) your negligence or wilful misconduct.
For any dispute you have with Cosy PROJECT, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute informally. If we are unable to resolve your dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claim for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by mediation under the laws of New South Wales before resorting to the court system.
Governing Law & Jurisdictional Issues:
This Agreement is governed by the laws of New South Wales and will be construed in accordance with the laws of New South Wales and you submit to the jurisdiction of the courts of New South Wales. You agree that any local court in New South Wales selected by us shall be deemed to be the appropriate court or proper venue for any action arising from this order.
The Cosy PROJECT website is controlled and operated from Australia, and we make no representations that its services, products or information operates, is appropriate or is available for use in other or in all geographic locations. If you choose to access the website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
If any term(s) or provision(s) of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
This Agreement may only be modified as set forth herein. No person may verbally vary these terms and conditions.
These terms, and any rights, obligations, and licenses granted in it, may not be transferred or assigned by you, but may be assigned by Cosy PROJECT without restriction. Any attempted transfer or assignment by you shall be null and void.
No waiver of any term in this Agreement shall be deemed a further or continuing waiver of such term of any other term, and any failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Owned and operated by Universal Media Co. Pty Ltd
Effective 16 January 2017