Website Terms and Conditions

Welcome to the Makkoto website (www.makkoto.com) (Website). In this document, Makkoto, we, us or our means Makkoto OP Pty Ltd ABN 83 600 849 287. Affiliated Parties means each of our directors, officers, employees (collectively), and you or your means the person using the Website (including anyone acting on your behalf or with your express or implied authority). User means anyone that accesses and uses the website, in any manner, including uploading images.

We maintain this Website in order to market our services and to provide a service to you and our customers. Access to and use of the Website and any services provided by Makkoto is subject to these Terms and Conditions. By using the Website, you are agreeing to comply with and to be bound by these Terms. Please review these Terms carefully. If you do not agree to these Terms, you should not use the Website or any of the services connected with it.

  1. Acceptance of Terms and Conditions

    These Terms and Conditions govern your use of the Website, including any user generated content, Makkoto generated content, and all of our services.

  2. Authority to Amend

    These Terms and Conditions may be amended from time to time by us without notice to you. The latest version of the Terms and Conditions will be posted on the Website. It is your responsibility to review the most up to date version of these Terms and Conditions prior to each usage of the Website. Your continued use of the Website after these Terms and Conditions have been disclosed (by way of publication on the Website) constitutes your acceptance of these Terms and Conditions and any amendments to these Terms and Conditions.

  3. Intellectual Property Rights

    1. Makkoto’s Intellectual Property Rights

      All designs, text, graphics, images, artworks, sounds, software and code connected with the Website other than user generated content directly uploaded by each user of the Website (collectively, Makkoto Content) is our property. All intellectual property rights, including copyright, in the Makkoto Content belongs to us, subject to any third party interests. Nothing in these Terms and Conditions confers on you any right to use any of our intellectual property or other Makkoto Content or intellectual property of any third party without express permission or the express grant of a licence under these Terms and Conditions (and then only in accordance with the terms of such licence).

      You do not acquire ownership rights to any Makkoto Content accessed through the Website. The copying or redistribution by you of any Makkoto Content or any part of the Website is strictly prohibited and may result in legal action against you.

    2. Intellectual Property Rights of Website Users

      Makkoto provides a range of services via the Website. These services allow users to:

      • upload, publish (make publicly available) and discuss photographs, images and art (collectively, Art);

      • purchase prints of certain licenced Art uploaded by other users and displayed on the Website if permitted by the user;

      • interact with other users; and

      • receive the benefits of Makkoto’s facilitation of product fulfilment, including payment processing, customer services and third party product manufacturing and shipping.

      By uploading Art to the Website, you warrant that you are the owner of all intellectual property in the Art or that you upload the Art under a licence from the owner of the intellectual property in the Art that permits you to do so in the manner contemplated in these Terms and Conditions. You agree that, as the owner or licensee, you have the right to use, distribute, reproduce, modify, adapt, publicly perform, publicly display or profit from the Art. It is a serious offence to upload Art that is not your own or not licenced to you by the legal owner, including any copy, reproduction or adaptation of a work that belongs to someone else. It is your responsibility to ensure that, by uploading Art to the Website, you are not infringing the copyright or any intellectual property of another individual. Copyright is a complex area of the law. If you are unsure whether any Art that you intend to upload will infringe someone’s copyright, we advise that you consult a lawyer prior to uploading, keeping in mind that we take no responsibility for the Art you upload to the website, except to the extent referred to in clause 3.3.

    3. Breach of Intellectual Property rights: Notice and Takedown

      If you believe that your intellectual property rights (IPR) or the IPR of another individual have been breached, you may send a written notification to Makkoto’s IPR team at ipr@makkoto.com (Infringement Notice). Makkoto treats all allegations of IPR infringements seriously and will immediately remove the alleged infringing Art from the Website.

      If you disagree with an Infringement Notice made against you, you may submit a challenge to the claim by way of written notification to Makkoto’s IPR team at ipr@makkoto.com (Challenge Notice). Makkoto does not guarantee that a Challenge Notice will result in your Art being reinstated on the Website.

      Makkoto reserves the right to suspend or disable the account of repeat offenders. If three or more Infringement Notices are made against you, this will constitute a repeat offence. We encourage you to submit a Challenge Notice to refute any Infringement Notice that you may disagree with.

      Makkoto has absolute discretion in relation to any notice, takedown, suspension or account disabling decision.

      Makkoto advises that the removal of copyright infringing Art does not mean that you will not have a claim brought against you by an IPR owner.

  4. Licences

    By uploading your Art to the Website, you grant Makkoto one of the licences set out below. The licence option that you choose to grant is at your sole discretion.

    The purpose of the Website is to disseminate Art and to enjoy Art in a variety of mediums. As a member of the Makkoto community, you will receive the reciprocal benefit of being able to enjoy and to print (where licenced) the Art of other Co-Users. You acknowledge and agree that you will receive no monetary consideration for the use of your Art pursuant to one of the licences set out below.

    • View Only Licence: for the purposes of providing the services connected to the Makkoto Website (Website Services), you grant to Makkoto a worldwide, non-exclusive, royalty-free right and licence to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and/or profit from the Art in any manner or media without your consent;

    • Print on Request Licence: for the purposes of providing the Website Services, you grant to Makkoto a worldwide, non-exclusive, royalty-free right and licence to:

      • use, distribute, reproduce, modify, adapt, publicly perform, publicly display or profit from your Art in any manner or media without your consent; and

      • sublicense the rights set out in 4(b)(ii), in whole or in part, to any third party (with or without a fee) provided you consent to the printing of your Art in any manner.

    • Print on Demand Licence: for the purposes of providing the Website Services, you grant to Makkoto a worldwide, non-exclusive, transferable, royalty-free right and licence to:

      • use, distribute, reproduce, modify, adapt, publicly perform, publicly display or profit from the Art in any manner or media without your consent; and

      • sublicense the rights set out in 4(c)(i), in whole or in part, to any third party.

    Before uploading your Art to the Website, you must choose one of the above licence options.

    If you do not wish to grant a licence to Makkoto, you should not upload your Art.

    Subject to the fulfilment of any existing orders in connection with your Art placed with Makkoto by third parties, you may at any time remove your Art from the Website or elect to have the terms of any one of the licences listed above apply to the use of your Art.

    Any sublicenses granted to third parties pursuant to this clause 4 for the purpose of fulfilling orders placed prior to the date you:

    • notify Makkoto in writing that you wish to have your Art removed from the Website; or

    • elect to have the terms of a different licence listed above apply to the use of your Art,

    will continue to be valid and enforceable, notwithstanding such notification or election.

    The removal by you of your Art from the Website or the election by you to change the terms of your licence will have no effect on the validity or enforceability of any action taken by Makkoto prior to such removal or election.

  5. Limitation of Liability and Disclaimer

    We have prepared the Website in good faith and have attempted to ensure that all information on the Website is accurate at the time of inclusion. However, the Makkoto Content may include inadvertent and occasional errors and is provided “as is”, without any representation or endorsement being made and without any express or implied warranties of any kind.

    We do not represent that the Website or the Makkoto Content is error-free or virus-free, or that your access to or use of the Website or any of the services will be uninterrupted or continuous.

    Unless expressly agreed otherwise, in no event will we be liable for any damages or losses whatsoever, whether in contract, at common law or in equity, or on any other basis, arising from:

    • your use of the Website or the Makkoto Content, or any inability to use the Website;

    • our services or products; or

    • these Terms and Conditions.

    You agree to defend, indemnify and hold harmless Makkoto from and against any claims, actions or demands, including without limitation reasonable legal fees, alleged or resulting from your use of the Website or the Makkoto Content, or your breach these Terms and Conditions.

    To the extent that liability cannot be excluded, you may only bring a claim within 12 months of the event giving rise to the claim (Event). The amount recoverable is limited to the amount received by Makkoto in relation to your Art in the 12 months preceding the Event.

  6. Warranties

    You warrant that:

    • you are the sole and original author of any Art you upload to the Website, you have the right to upload the Art you upload, to grant licences over the Art you upload and to enter into these Terms and Conditions;

    • Art that you upload does not infringe the Intellectual Property Rights of any third party;

    • no third party has commenced or threatened to commence proceedings for an infringement of any Intellectual Property Rights that subsist in the Art that you upload;

    • you are over 18 years of age, or over 14 years of age and have parental/guardian authorisation to use the Website;

    • you upload your Art to the Website with no expectation of commercial gain, consideration or monetary compensation;

    • at all times you will respect other users of the Website and that your conduct and behaviour on the Website or in connection with the Website will be to the benefit of other users;

    • you will not upload comments or Art that racially vilifies, harasses, abuses, threatens or intimidates other users(including past, present or potential other users), their beliefs or personal attributes;

    • you will not upload comments or Art that is derogatory, obscene, pornographic or abusive;

    • you have read the privacy policy and agree to its terms; and

    • you will not intentionally open an account with Makkoto Account under the name of another person or organisation.

  7. Indemnities

    You agree to indemnify and will keep indemnified Makkoto and its Affiliated Parties for all losses, damages, liabilities, claims and expenses (including without limitation, legal costs of a solicitor and own client basis and whether incurred by or awarded against Makkoto) incurred or suffered by the Makkoto, arising out of or in connection with:

    • any breach of these Terms and Conditions by you, including the warranties in clause 6;

    • any infringement of an original work of Makkoto or a third party, caused by any wilful, unlawful, inadvertent or negligent act or omission of you or anyone using your account and thereby acting as your agent, whether authorised by you or not; and

    • any actual or threatened claim, action or proceeding by any person alleging that the Website infringes the Intellectual Property Rights, Moral Rights or other rights (including a misuse of the person’s confidential information) of that person,

    provided that you will not be liable under this clause 7 to the extent the claim arises from the negligence, fraudulent or wilful misconduct of Makkoto.

  8. Third-Party Links

    We may link to sites operated by third parties. You expressly acknowledge and agree that the inclusion of links in the Website is not intended as an endorsement or recommendation of the linked site or the content of such sites. Even if the third party is affiliated with us, it is likely that we have no control over these linked sites. You should carefully read the terms and conditions and the privacy policy that appear on any site linked to from the Website. These sites are accessed entirely at your own risk.

  9. Order processing and acceptance

    1. Description of product creation services

      You may order a physical product (the Product) from the Website.

    2. Supply of Services

      You agree to accept and pay for, and Makkoto agrees to provide the Products, subject to these Terms and Conditions.

      Makkoto may, in its sole discretion and for any reason, refuse to fulfil orders for Products incorporating Art.

    3. Restriction

      Makkoto does not agree to provide Products to any person who is not resident in Australia or who is not a registered member of the Website.

    4. Product Request Form

      • You may request the creation of a Product by completing and submitting a product request form through the Website (Product Request Form).

      • Upon receipt of a Product Request Form, Makkoto will contact you by email using the contact details provided by you in the Product Request Form. By submitting the Product Request Form, you authorise and request Makkoto to contact you to discuss the Product Request Form (if required).

      • Submission of a Product Request Form creates no obligations on Makkoto to provide any Product.

    5. Pricing

      • The price of a Product will be the price shown on the Website on the date you submit the Product Request Form. We give no undertaking as to the availability of any Product advertised on the Website.

      • All prices are in Australian Dollars and are inclusive of GST.

      • Packaging and postage is an additional charge, calculated at the time of purchase.

      • Until you have paid all amounts owing to Makkoto, title to and property in the Product will remain with Makkoto.

      • Payment is to be made in a manner approved by Makkoto.

    6. Manufacture and Shipping

      • If you choose to place an order, Makkoto will forward your instructions to third parties who will manufacture, process, fulfil and ship the Product in the form specified by you. You agree that Makkoto may provide your personal information to third parties for the purpose of manufacturing and shipping your order(s).

      • The Product will be shipped to the address provided on your Product Request Form. You agree that you will cover any costs that may be incurred by Makkoto, Affiliated Parties or third party manufacturers and distributors if you have provided an incorrect shipping address.

      • Makkoto will not provide a replacement Product if your Product does not arrive due to an incorrect address being provided.

      • We note that, at times, the manufacturing or shipping of Products may be delayed. Shipping dates are an approximation only. You agree that, subject to the provisions of the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), Makkoto will not provide any compensation for the delayed receipt of any Products by you.

  10. Australian Consumer Law

    • Nothing in these Terms and Conditions, except as expressed otherwise in clause 10(b), will be construed as excluding, restricting or modifying any guarantee relating to the supply of goods or services to consumers provided by Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantee).

    • Makkoto’s liability to comply with a Consumer Guarantee is limited, at the sole discretion of Makkoto, to providing a free repair of a faulty Product, replacing a faulty Product or refunding the purchase price of Product that is faulty.

    • Clause 10(b) does not apply if you establish that it would not be fair and reasonable for Makkoto to rely on it.

  11. Use of Information

    We reserve the right, and you authorise us, to record, store and use all information regarding your use of the Website and all information provided by you in any manner, consistent with our Privacy Policy. Our Privacy Policy forms part of these Terms and Conditions. You should review our Privacy Policy (link) before accepting these Terms and Conditions.

    All remarks, suggestions, ideas, graphics, or other information communicated by you to us through the Website (collectively, a Submission) will forever be our property. We are entitled to use any Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Makkoto, have full responsibility for a submission, including its legality, reliability, appropriateness, originality, and copyright.

  12. Miscellaneous

    These Terms and Conditions will be treated as though they were executed and performed in Sydney, New South Wales, Australia, and shall be governed by the law of New South Wales and each party irrevocably submits to the exclusive jurisdiction of its Courts. Part or all of any provision of these Terms and Conditions that is illegal or unenforceable will be severed from these Terms and Conditions and will not affect the continued operation of the remaining provisions these Terms and Conditions. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

  13. Queries

    If you have any queries or comments regarding any of the information contained in these Terms and Conditions, please contact Andre Radan at andre@makkoto.com