Terms of service

1. Introduction

This website is owned and operated by Cheryl Moggs (ABN 85 461 142 301), trading as Tarmunggie.

By accessing or using this website, you agree to these Terms and Conditions. If you do not agree, you must not use this website.

2. Services Provided

Tarmunggie provides creative, cultural and educational services. All services are subject to availability and may be withdrawn or varied without notice.

3. Use of Website

  • You agree to use this website only for lawful purposes.
  • You must not attempt to interfere with the website’s operation, security, or availability.
  • We may restrict or suspend access if we reasonably believe you have breached these Terms.

4. Website Content & Intellectual Property

All content on this website (including text, images, logos, graphics and software) is owned by or licensed to Tarmunggie. You must not reproduce, distribute, adapt, publish, display or create derivative works from any content without our prior written permission.

5. Artwork Ownership & Copyright

  • Ownership. All artworks created by Cheryl Moggs (in any format, including digital images, prints, originals and commissioned works) are protected by copyright. Unless expressly stated in writing, ownership of copyright remains with the artist.
  • No Unauthorised Use. You must not copy, reproduce, scan, photograph, record, print, frame, adapt, modify, distribute, sell, license, mint as NFTs, or otherwise exploit any artwork or image of an artwork without prior written permission.
  • Purchases & Commissions. Purchasing an artwork (or commissioning one) gives you ownership of the physical item (if applicable) but does not grant copyright or any licence to reproduce the work unless we agree in writing.
  • Licensing. If you wish to reproduce, publish or use an artwork (including online, in marketing, merchandise or media), you must obtain a licence from us in advance. Licence terms and fees will be provided upon request.
  • Moral Rights. The artist asserts moral rights, including the right of attribution and the right to object to derogatory treatment of the work.
  • Permissions & Enquiries. For permission requests, licensing and image supply, please contact us via the details on our website.

6. Pricing & Payment

  • Prices are listed in AUD and exclude GST unless stated otherwise.
  • Payment terms will be stated at the time of purchase or booking.
  • We may change pricing at any time prior to purchase/booking confirmation.

7. Consumer Guarantees (Australian Consumer Law)

  • Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).
  • You are entitled to a remedy (such as repair, replacement, refund or re-supply) where required by the ACL.
  • Nothing in these Terms limits your statutory rights.

8. Refunds & Cancellations

  • Refunds are provided in accordance with the ACL.
  • We do not offer refunds for change-of-mind cancellations.
  • If you cancel a booking, cancellation fees may apply as specified at the time of booking.

9. Limitation of Liability

  • To the maximum extent permitted by law, we exclude liability for loss, damage or costs arising from use of this website or our services.
  • This does not exclude liability for gross negligence, fraud, or obligations that cannot be excluded under the ACL.

10. Privacy

We handle personal information in accordance with our Privacy Policy. By using our website or services, you consent to that handling.

11. Third-Party Links

This website may contain links to third-party websites. We are not responsible for their content, security or privacy practices.

12. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes are subject to the exclusive jurisdiction of the courts of Queensland.

13. Changes to These Terms

We may update these Terms at any time. Continued use of the website after changes take effect constitutes acceptance of the updated Terms.

For enquiries, permissions or licensing requests, please contact us via the details on tarmunggie.com.au.