Website Terms of Use

Welcome to the website of Kate Nixon Group Pty Ltd (ACN 651 545 354) (“we”, “us” or the “Company”) trading as Studio Kate, a full service interior design firm and home furnishing retailer offering product design, home styling and various other customised services..

We offer our services in collaboration with a team of experienced craftsmen, builders and tradesmen or our clients’ own preferred professionals.

This website is located on the web via the domain www.katenixon.com and includes all of the files located in that domain (“this site”).

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at www.katenixon.com) which is incorporated by reference into these Website Terms of Use.

Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

Intellectual property

Copyright

In these Website Terms of Use, the term “Proprietary Content” means:

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

User Content

In these Website Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Nothing in these Website Terms of Use shall affect your statutory rights as a consumer.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

Notifications

The Company may provide any notification for the purposes of these Website Terms of Use by email.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company’s prior written consent.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.

You may only vary or amend these Website Terms of Use by written agreement with the Company.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

CASA By Kate Nixon

Mothers’ Day Giveaway 2022

Terms & Conditions

General

1. The Promoter is Kate Nixon Group (ABN: 48 643 018 044, Address: Rushcutters Bay, NSW, Australia)

2. Information on how to enter and prizes form part of the entry. Entry into the competition is deemed acceptance of these terms and conditions.

3. If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.

Entry

1. Entry is open to anyone over the age of 18 except employees and immediate families of the Promoter and their associated companies and agencies. Immediate family includes the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.

2. Entrants must be 18 years of age or older as at the date of entry in order to be eligible to enter the competition.

3. The Promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.

When to Enter

1. The competition commences on April 13th 2022 and concludes on May 4th 2022 at 5:00pm AEST. Entries must be received by the Promoter prior to the competition close date and time.

2. The time of entry will in each case be the time the online entry is received by the Promoter’s database, not at the time of transmission by the entrant.

3. The Promoter accepts no responsibility for any late, lost or misdirected entries due to technical disruptions, network congestion or for any other reason.

How to enter

1. Entrants must enter the competition by

  1. Following @CASAbyKateNixon on Instagram.
  2. Tagging two friends below the relevant Instagram post.

2. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Terms and Conditions. For the purposes of these content requirements, “entry content” includes any content (including text) that entrants submit in connection with their entry into the Promotion.

3. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.

4. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple Instagram accounts.

5. Only entrants following the Instagram account listed in ‘How to Enter’ at the time of competition close will be eligible to win. Prize is not transferable and cannot be redeemed for cash.

6. There is no entry fee and no purchase necessary to enter.

Number of Entries Permitted

1. Unlimited

Draw and Notification of Winner

1. The winner will be the first valid entry submitted in accordance with these Terms and Conditions that is drawn by Kate Nixon Group by random selection at 5:30PM on May 4th 2022 at the Kate Nixon Group head office in Sydney

2. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.

3. The winner will be notified by Instagram direct message within 24 hours of the draw.

4. The prize will be awarded to the person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. Internet Service Provider account holder).

5. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.

6. In the event that the winner is not able to be contacted, The Promoter will continue to attempt to contact the winner over a one month period, at which point the Promoter will perform a redraw to source another winner.

7. A winner’s name will be available for 28 days after the competition closing date by emailing the following address: hello@katenixon.com

Prize On Offer

1. The prize contains the following:

0. $250 Store Credit at CASA by Kate Nixon, Rushcutters Bay, NSW, Australia

1. 1 x VIP personal shopping experience with our retail manager in-person or via facetime/zoom/teams meeting if the winner is interstate to assist with curating your purchase.

2. The Promoter accepts no liability for any injuries or other experienced by the winner while undertaking activities or travel related to this competition and prize. The Promoter accepts no liability for costs incurred whilst undertaking activities related to this competition.

3. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party.

4. The prize is as stated and no cash or other alternatives will be offered. The prize is not transferable. Prize(s) are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

Use of Personal Information

1. Any personal information you provide in the course of this Competition will be subject to these Terms & Conditions and to the Promoter’s Privacy policy. You agree that the Promoter will use the contact details you provided as part of your entry to contact you in the event you are selected as one of the winners.

2. The prize recipient(s) agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

3. By entering the Competition, you agree to your personal information being used for the purposes described in these Terms and Conditions, including the purposes of assessing your eligibility, administering the Competition, prize fulfilment, and for contacting you if you are selected as a winner.

4. You are providing your information to the Kate Nixon Group and not to any other party. The information provided will be used in conjunction with the following Privacy Policy.

Other

1.The promoter reserves the right to cancel or amend a game and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to a game will be notified to entrants as soon as possible by the promoter.

2. A game and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

3. All promotions are in no way sponsored, endorsed or administered by, or associated with Meta, Instagram, Facebook, Twitter or any other Social Network.