dt trait designz – Online licensing terms and conditions

These online licensing terms and conditions (Terms) apply to the order, purchase and online delivery of the artworks, drawings, designs and narrative textual elements (Works) licensed, sold, distributed, advertised and promoted on the dt trait designz (ABN 92 918 017 691) (dt trait designz, we, us, our) online shop, which can be found at our website dttraitdesignz.com (Website).

If you would like to commission a bespoke or custom Work from us or obtain a broader licence, you can contact us directly at studio@dttraitdesignz.com. If we agree to create a bespoke or custom Work for you or provide a broader licence, we will enter into a separate written agreement with you setting out the terms and conditions.

By using this Website, you agree to be bound by these Terms, and warrant and represent to us that you are legally entitled to do so and are at least 18 years old. If you do not agree to these Terms, are not legally entitled to do so or are not at least 18 years old, then you must not use the Website.

We may amend these Terms from time to time by posting an updated version on our Website. We will use reasonable endeavours to notify you of any material amendments by email or by posting a notice on the Website at least fourteen (14) days before the amendments take effect. Any amendments will be effective upon the expiry of that fourteen (14) day notice period (or such later date as specified in the notice) but will not apply to Orders already submitted by you. You should check these Terms regularly for amendments. If you do not agree to be bound by the updated Terms, you must stop using the Website.

In these Terms:

Australian Consumer Law means the Competition and Consumer Act 2010 (Cth), Schedule 2, as amended, replaced or superseded from time to time (and other similar legislation of Australian states and territories).

Consumer has the meaning given under Australian Consumer Law.

Consumer Guarantees means certain statutory guarantees conferred under Australian Consumer Law in relation to the supply of goods or services to a Consumer.

Copyright means the copyright and any other rights of a similar nature anywhere in the world (including unregistered rights, registrations and pending applications for registration) subsisting in or attaching to the Works.

Moral Rights means the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment), the right of attribution of authorship of a work, and the right not to have authorship of a work falsely attributed, which rights are created by the Copyright Act 1968 (Cth), and any similar rights capable of protection under the laws of any other applicable jurisdiction.

ICIP means Indigenous Cultural and Intellectual Property and refers to the rights of Indigenous Peoples' (including Aboriginal and Torres Strait Islander peoples) to access, control and maintain their cultural heritage, traditional knowledge and traditional cultural expressions. It includes all objects, sites and knowledge the nature or use of which has been transmitted from generation to generation and which is regarded as pertaining to a particular indigenous group or its territory, including all aspects of knowledge, cultural property and artefacts, immovable cultural property such as sites and burial grounds, visual and performing arts, and the documentation of Indigenous peoples' heritage, whether created in the past, now or in the future.

Placing Orders

You may purchase a licence to use the Works through our Website in accordance with these Terms (Order). The Website will provide instructions as to how to make your Order.

We reserve the right to accept or reject any Order, or part of any Order, made by you. We may reject any Order at any time before we deliver the Works, if: (a) we reasonably suspect your Order or payment method is fraudulent; (b) the Works are no longer available; (c) there is an error in the pricing or description of the Works on the Website; (d) we are unable to verify or process your payment information or (e) for any other reasonable grounds. If we reject an Order, we will notify you of the rejection and provide the reason for it.

We are not responsible for any indirect or consequential liabilities or losses, damages, costs and expenses (including legal costs and expenses, whether incurred or awarded) arising in contract, tort (including negligence) or otherwise (together, Loss) suffered or incurred by you or any third party as a result of the rejection of an Order in accordance with these Terms.

Descriptions and availability of Works

Descriptions of Works advertised or made available on the Website are subject to change at any time without notice; however, such change will not apply to accepted Orders.

While we will use reasonable endeavours to ensure accuracy, and subject to your rights under the Consumer Guarantees, we do not guarantee that the information on our Website is always accurate or up to date.

Due to photographic and screen limitations associated with the representation of Works, some Works may differ slightly in visual appearance (for example, in colour) from the way they appear on our Website. We reserve the right to discontinue or suspend the availability of any Works on the Website at any time, or to change any description or other information related to the Works displayed on the Website. Once an Order has been placed for a Work, and payment has been successfully received, the Website will be updated, and the Work purchased will be marked as "SOLD".

Subject to these Terms and to the extent permitted by law (including the Australian Consumer Law), we exclude any liability resulting from the discontinuance, suspension or cancellation of, or change to any information related to, any Works.

Copyright and licensing

You acknowledge:

(a) we own all intellectual property rights (including Copyright) in the Works, and these Terms do not transfer or assign to you any title to or ownership of the Copyright in the Works;

(b) we retain the Moral Rights in the Works; and

(c) the Works may include or incorporate ICIP.

Once we accept your Order and have delivered the Works to you, we hereby grant you an exclusive licence to use, reproduce, communicate and publish the Works. You must use the credit: © dt trait designz. You may make minor reasonable edits to the Works, including resizing, cropping and multiplying. These are to be minor edits and must not include changes that would infringe our Moral Rights in the Works or have a derogatory impact on our honour or reputation. You agree that we can keep a copy of the Works, including for use in our portfolio and archive.

You must not use the Works in any way that is likely to harm or prejudice our rights in the Works. To the extent the Works include or incorporate ICIP, you must use best endeavours to respect the ICIP in all uses of the Works and must not use the Works in any way that may be considered embarrassing, harmful or detrimental to the owners or cultural custodians of the ICIP, or alter the Works in a way that distorts the cultural meaning of the ICIP.

Price

Unless stated otherwise, all prices displayed on the Website are quoted in Australian dollars and, where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other taxes.

We reserve the right to change any pricing related to Works displayed on the Website; however, such change will not apply to Orders already submitted by you.

Payment

Payment may be made by via our Website. You must be fully entitled to use the payment method used for purchases. If a particular method is not available to you, you may use another valid payment method.

We may use third-party payment platforms or gateways (Payment Partners) to facilitate or process payments made by you on the Website. By placing an Order, you agree that credit and security checks may be performed (including by the relevant Payment Partner) before your Order is accepted. Without limiting the foregoing, such checks may include transmitting the credit card number you provided to validate the credit card, to obtain an initial card authorisation, to conduct loss-minimisation and anti-fraud measures, and/or to authorise individual purchase transactions.

Payment of the full price of an Order (including applicable GST and other taxes) must be received by us before we can accept your Order. The payment method must have sufficient funds, credits or other payment facilities to cover the purchase. If payment cannot be processed, your Order will be rejected, and you will be notified of this on the Website or to the email address you provide. We are not responsible for the decisions of Payment Partners to allow you to use their service and do not provide any assurances or warranties about them.

After payment for the Order has been successfully processed, you will receive an email confirming the Order (Confirmation Email). The date of this Confirmation Email is referred to as the Order Date.

Delivery

Upon successful receipt and confirmation of payment, a link to download the Works included in your Order will be made available to you. Unless otherwise specified and subject to the Consumer Guarantees, all risk in the Works passes to you upon delivery of that access to the Works. From the time risk passes to you, we will not be liable for loss of, damage to, or destruction of the Works.

Order cancellations, refunds and returns

An Order cannot be cancelled once you have been provided access to the relevant Works. Please choose your Works carefully as, subject to any rights conferred by law, once the Works have been made available to you, we will not provide a refund, credit or exchange solely because you have changed your mind.

If, however, there is a problem with the Works you have ordered, please email us at studio@dttraitdesignz.com and provide evidence of the problem, as you may be entitled to a remedy under the Consumer Guarantees (for example, repair, replacement, refund, credit or exchange).

We will contact you to provide a full refund in respect of your Order if payment has been processed but we are unable to provide or otherwise deliver your selected Works for any reason within a reasonable time.

Liability

Where you, as a Consumer, acquire goods or services through your use of the Website, the Consumer Guarantees cannot be excluded, restricted or modified.

To the maximum extent permitted by law:

(a) we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right, which if excluded would contravene legislation (including the Australian Consumer Law) and / or cause part or all of this clause to be void); and

(b) we disclaim all liability for any indirect, special, incidental, consequential, punitive or exemplary damage or Loss suffered or incurred by you or any third party, whether directly or indirectly, arising from any use of the Website or the Works.

Our total aggregate liability to you for any direct Loss arising out of or in connection with these Terms, the Website or the Works (other than liability that cannot be excluded under the Australian Consumer Law) will not exceed the total amount paid by you to us under the relevant Order giving rise to the claim.

You indemnify us and our employees, officers, volunteers, contractors and agents (together, the Indemnified Parties) against any reasonable Loss suffered or incurred by the Indemnified Parties in connection with any claim made by a third party due to or arising out of:

(a) your wilful or negligent breach of these Terms;

(b) your misuse of the Works, including any infringement of Copyright, Moral Rights or ICIP; or

(c) your fraudulent or unlawful conduct in connection with your use of the Website or the Works.

Privacy

We may collect, use, store, disclose and otherwise handle your personal information in accordance with these Terms, and applicable legislation.

If you place an Order, the information we may collect includes your (and, if the recipient of the Order is someone other than you, the recipient's):

(a) name and business name (if applicable);

(b) email address;

(c) phone number; and

(d) payment information.

If you do not provide all the information we request or need, we may not be able to process your Order. We may disclose this personal information to our employees, officers, volunteers, insurers, professional advisers, agents, suppliers, contractors or third-party service providers, insofar as reasonably necessary for the purposes of providing the Works to you and operating dt trait designz, including to respond to complaints or investigate any issues that might arise.

You represent and warrant to us that:

(a) the personal information you provide to us is complete and accurate; and

(b) you have obtained the consent of all recipients of an Order:

(i) for their personal information to be used by us and our service providers to prepare and deliver Works to those recipients; and

(ii) to receiving Works and associated communications from us and our service providers.

Marketing

If you opt in to receiving marketing communications and information about our products and services, we may send you such communications. These communications may be sent in various forms, including email. You consent to us sending you direct marketing communications. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical. Your consent is provided for an indefinite period; however, you may opt out of receiving marketing communications from us at any time by using the opt-out facilities provided in the marketing communications.

Miscellaneous

No waiver – We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising that right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent a further exercise of that or any other right, power or remedy. A waiver is effective only if it is in writing and signed by us.

Governing law – These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts having appeal from them.

Severability – If any part of these Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions. The remaining terms remain in force and constitute a binding agreement between you and us.

Entire agreement – These Terms, together with any other additional terms applicable at different stages of use of the Website, replace any previous understanding, agreement, representation or warranty relating to the subject matter of these Terms in relation to all Orders placed after the date of these Terms.

Force majeure – To the extent permitted by law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.

Dispute resolution – If either party has any issue arising out of these Terms or in relation to the Website, an Order or Works, that party must notify the other party in writing and use reasonable endeavours to resolve the matter through discussions or correspondence before commencing any court or tribunal proceedings.

Notices – Notices to be given to either party must be in writing. Any notices addressed to us must be delivered to us by email to studio@dttraitdesignz.com or by post to 3 Mooney Court, Glenella, QLD 4740.

Last updated: 4 June 2026