WEBSITE TERMS OF USE


The following Terms of Use govern your access to, and use of, Lesanie Images (“Site”). Please read these Terms carefully prior to using this Site, as they constitute a binding agreement between you, as a user, and Lesanie Images (“Company”). By accessing and browsing this website, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you accept and agree, without qualification or limitation, to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions of Use, you may not use or access this Site. These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).


 NO MINORS

By using the Site, accessing  or purchasing any products or services, you warrant that:

(a) you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

(b) have read and accepted these Terms; and

(c) will comply with these Terms.


1. Changes to Terms of Use

These Terms and Conditions and other information on Site may be revised and updated in Company’s sole discretion; all changes are effective immediately. We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective immediately. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services.  If at any time you choose not to accept these Terms, you should not use this Site. By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.  You may also may accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase. 

 

2. Intellectual Property

The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patent and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services or the content. NO COMMERCIAL USE. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, the services, the products or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms. 

 

3. Site Information

Company uses reasonable efforts to provide accurate and current information on Site, however, Company makes no warranties or representations about the accuracy or currency of the information and does not assume liability or responsibility for any omissions or errors on the Site. 

 

4. Warranties And Disclaimer

The information, content and resources provided on this Site are for informational and educational purposes only. Nothing on this Site is intended as, nor should be construed as, any manner of financial, legal, medical, or other professional advice. This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the products or services including that:

a. they are suitable, reliable, complete,  secure, accurate or fit for any particular purpose;

b. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or  

c. there is no possibility of failure to store communications or other data. 

 

5. Termination and/or Restriction to Access

Company reserves the unfettered right to terminate access to the Site and related services at any time, with or without notice in the sole discretion of Company. 

 

6. Communications

Any communications and/or material transmitted to Site, including but not limited to comments, questions, reviews, suggestions and data will be treated as non-confidential and non-proprietary information and may be used by Company for any purpose, including, but not limited to, marketing and developing.

 

7. Information Consent, Electronic Communications And Electronic Signatures

By using and accessing this Site, you consent to the collection, disclosure, transfer, and use of personally identifiable and non-identifiable information. You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.  You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.


8. Information And Advice

Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

We do our best to ensure that the colours of any products are accurately displayed, please note, that on occasion the colour on our Site may seem different, depending on the device you use this can be for a number of reasons which are outside of our reasonable control, and may not accurately reflect the colour of the product.

By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.


9. Prohibited Use

In addition to any other prohibitions, you must not, under any circumstances  use the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances and (d) attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site; (e) hack into any aspect of the Service; corrupt data; cause annoyance to other users; (f) infringe upon the rights of any other person's proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.


10. Liability Limitations

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.  Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

 

11. Lack of Joint Venture

Use of or access to this Site does not create any sort of partnership, agency or employment relationship, or joint venture with Company. 

 

12. Links To Other Websites

Our Site and social media channels may have links to other sites operated by third parties.  Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.


13. Privacy

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.


14. Indemnity

To the fullest extent permitted by applicable laws, you agree to indemnify, and  hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms  and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.


15. Severability and survival

Should any part of these Terms and Conditions be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. 

 

16. Governing law and jurisdiction

These Terms and Conditions and the agreement arising from use of this Site shall be governed and construed in accordance with the Laws of Jamaica. The parties agree that any dispute arising out of these Terms and Conditions shall be resolved by binding arbitration administered under the laws of the Parish of Westmoreland. The parties shall agree to an Arbitrator. All awards of the Arbitrator shall be binding. Judgment upon the award of the Arbitrator may be entered in any court having jurisdiction. The Arbitrator shall apply Jamaica law to the merits of any dispute or claim. The parties will not raise in connection therewith, and hereby waive, any defenses based upon venue, the inconvenience of the forum, the right to a jury trial, the lack of personal jurisdiction, the sufficiency of service of process, or the like, in any action, suit or proceeding. 


17. Waiver

Any failure or delay by Company to exercise any right, power, or remedy under this Agreement shall not be deemed to be a waiver of such right, power, or remedy, and any single or partial exercise of such right, power, or remedy shall not preclude the further exercise thereof; every right, power, or remedy of Company shall continue in full force and effect until such right, power, or remedy is waived specifically by an instrument in writing by Company.



PRINT STORE: Please refer to our Terms Of Sale here.

REFUND POLICY: Please refer to our Terms Of Sale here.

PAYMENT SECURITY: Please refer to our Privacy Policy page here.


Contact Us

The Company welcomes your questions or comments regarding the Terms:

Lesanie Images

Email Address: sales@lesanieimages.com

Effective as of June 22, 2021