Terms & Conditions
Please update the new Terms and Conditions as follows:
Please read these Terms and Conditions (Terms) carefully before using the MotzDesigns website located at https://www.motzdesigns.com.au/ (the Website).
These Terms apply to all visitors, users, and others who access or use the Website and any related services. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.
MotzDesigns operates as Motz Designs (ABN 46 988 784 398) and is based in Queensland, Australia. We provide interior design, decorating, and related services.
1. Changes to These Terms
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Changes will be effective immediately upon posting on the Website.
We will make reasonable efforts to notify you of material changes (for example, by posting a notice on the Website or contacting you via email if you have provided one). It is your responsibility to check this page periodically for changes. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.
2. Age and Capacity
By using this Website, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Website on behalf of a minor or another person, you represent that you have the authority to do so.
3. Website Use and User Conduct
You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not:
- Use the Website in any way that violates applicable laws or regulations in Australia (including Queensland).
- Transmit any harmful code, viruses, or disruptive content.
- Attempt to gain unauthorised access to any part of the Website or related systems.
- Reproduce, duplicate, copy, sell, or exploit any portion of the Website without our prior written consent.
We reserve the right to terminate or suspend your access to the Website at any time, without notice, for any reason, including breach of these Terms.
4. Intellectual Property
All content on the Website, including (but not limited to) text, graphics, logos, images, design concepts, project portfolios, videos, and software, is the property of MotzDesigns or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.
You may view and print content for personal, non-commercial use only. You must not modify, reproduce, distribute, transmit, display, or create derivative works from any content without our express prior written permission.
Any design concepts, drawings, or materials we provide to you during consultations or projects remain our intellectual property until full payment and a separate agreement are in place.
5. Third-Party Links and Services
The Website may contain links to third-party websites, services, or resources. These are provided for convenience only. We are not responsible for the content, accuracy, or practices of any third-party sites.
When you engage third-party providers (e.g., payment processors, suppliers, or contractors for projects), their own terms and privacy policies will apply. We recommend you review them.
MotzDesigns is not liable for any loss or damage arising from your use of or reliance on any third-party content, goods, or services.
6. Services, Quotes, and Client Engagements
The Website provides information about our interior design, decorating, and custom project services. Any quotes, proposals, or service descriptions on the Website are for information only and do not constitute a binding offer.
All client engagements are governed by a separate written agreement (e.g., design proposal or contract) that will outline scope, fees, timelines, payment schedules, variations, and other terms. In the event of any inconsistency, the separate client agreement prevails over these Website Terms.
7. Payments and Fees
All fees for our services are as quoted and agreed in your individual proposal or contract. Deposits and progress payments are required as specified.
Payments must be made in full by the due date. We may suspend or terminate services if payment is not received. Late payments may attract interest or fees as permitted by law.
We accept payment methods as specified at the time of invoicing. All prices are in Australian Dollars (AUD) and inclusive or exclusive of GST as stated.
8. Consumer Guarantees and Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right you have under the ACL or other applicable law.
For major failures, you may be entitled to a refund or compensation. For minor issues, we will remedy the problem within a reasonable time. Full details of your rights are available from the Australian Competition and Consumer Commission (ACCC).
9. Limitation of Liability and Disclaimers
To the maximum extent permitted by law, MotzDesigns and its directors, employees, and agents are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Website or our services, including loss of data, profits, or business opportunities.
The Website and its content are provided “as is” without warranties of any kind. We do not guarantee that the Website will be error-free, secure, or uninterrupted.
10. Indemnity
You agree to indemnify and hold MotzDesigns harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your breach of these Terms or your use of the Website.
11. Privacy
Your privacy is important to us. Our collection and handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please read it carefully.
12. Governing Law
These Terms are governed by the laws of the State of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions will remain in full force and effect.
14. Contact Us
If you have any questions about these Terms and Conditions, please contact us at: Email: Phone: 0420 358 593