Terms & Conditions

(must be accepted (bottom of page) to purchase a License)

Copyright & Ownership

This Website is operated by Vikki Ambrose, Wild Design NZ (referred to as we/us/our). Please read all of the important information below.

These Terms apply in relation to any goods or products we sell you, and it overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).

By using our Website and/or placing an order with us, you are accepting these Terms. If you do not agree to these terms and conditions (Terms), please do not continue using this Website.

The Print library is a collection of hand-drawn or painted patterns, transformed into digital prints which can be printed onto any product or textile. Each pattern is provided as a seamless repeat and can be digitally printed onto anything from wallpaper, to textiles/fabrics, fashion,  homewares, stationery and many other products.

Our Website, products and services are not directed at children under the age of 15. If you are under the age of 15, please immediately cease use of this Website.

All artwork, illustrations, surface pattern designs, and visual content displayed on this website are the intellectual property of us, unless otherwise stated.

All designs are protected by international copyright laws. Copyright is not transferred with the purchase, viewing, or licensing of artwork.

No artwork may be copied, reproduced, distributed, modified, resold, or used in any form, digital or physical, without prior written permission or a valid licensing agreement.

Licensing & Usage

Artwork shown on this website is available for commercial licensing on either an exclusive or non-exclusive basis, subject to agreed terms.

Licensing grants permission for specific uses only and does not constitute a sale of copyright. Usage rights, territory, duration, and product categories are defined within individual licensing agreements.

If you are interested in licensing artwork or discussing collaboration opportunities, please contact:
hello@wilddesignnz.com

What are the Print Libraries

The Print Library is a collection of hand-drawn or painted patterns, transformed into digital prints, which can be printed onto any product or textile (Print Design). Each Print Design is provided as a seamless repeat.

The Limited Access Print Library is an extended library of additional Print Designs that are available for Licensing and use in the same manner as the public Pattern Library.

What am I Purchasing when I buy a Print Design?

By purchasing a Print Design with us, you are purchasing a limited licence to use the Print Design in accordance with these Terms.

We are and will remain the absolute owner of any purchased Print Design. This means all rights, title and interest in the Licensed Prints, including copyright, are owned and controlled by us and is protected by New Zealand and international laws. 

You are not purchasing the copyright or ownership in the Print Design. We are not assigning the Print Design to you and you will not receive a proprietary interest in the Licensed Print.

What are the Conditions of this Licence?

Your licence in a purchased Print Design is as follows:

·       Commencement Date: Your licence begins on the date on which you receive the link from us via email.

·       Term (length of time): Your licence term is from the Commencement Date to the end date agreed upon in your application, eg 2 years.

·       Territory: Your licence can be used in the agreed upon geographical areas.

·       Uses: Your licence allows you to use the Print Design for any use or purpose agreed upon in the application.

·      Attribution: Attribution is optional, in the format “© Wild Design NZ” and linking directly to our Instagram handle and/or Website.

·      Type of Licence:

Non-Exclusive License: Your licence is non-exclusive to you, and can be used in the agreed geographical area until the expiration date. This means we are permitted to license the same Print Design to someone else during the entire license term.

Exclusive License: Your licence is exclusive to you, and can be used in the agreed geographical area until the expiration date. This means we will not use your licensed Print Design or grant a licence to your licensed Print Design to anyone else. However, this does not prevent us using the Print Design for marketing, advertising and portfolio purposes during the license term.

Sublicensing: You may sub-licence the Print Designs to a third-party but only for as long as the sub-license is necessary to enable your business to exploit the Print Designs as per clause above. In all other cases, you cannot sub-licence the Print Designs.

Our Intellectual Property Rights

All intellectual property rights in the Print Designs, Website and other materials created by us will vest absolutely and automatically on creation, and remain thereafter, in us.

Your licence in a Print Design does not prevent us from exercising our intellectual property rights for the purposes of marketing, advertising and promotional activity. This includes use of the Print Design in our professional portfolio and on our website and social media platforms. You also consent to our use of your business name, trade mark, logos or other material that may be used to identify your business on our website to indicate your use of our Print Designs.

How Do I Purchase a Print Design?

In order to purchase the Print Designs on the Website, you must create an account with us by completing an online application form available on the Website or here Form.

The Form will request the following information from you: your full name, email address, business information including your website, and the reason for Licensing the Print/s.

When filing the Form, you must provide accurate and correct information. If you provide any false information on the Form, then we reserve the right to reject your account opening request. In the event if we discover at a later stage (including after approving your account) that you provided false information on the Form, then we reserve the right to immediately terminate your account and cancel any licences and purchases without any liability to you. In such a scenario, you will not be provided with any refunds.

An accurately and correctly filled Form does not guarantee an account will be approved and opened. We at our sole discretion may approve or disapprove any Form/License.

Once your Form is approved, we will send you an email notifying you of the approval. It is your responsibility to ensure that any information and details you provide including your name, postal address, contact numbers and email address are correct. Please check any details carefully before submitting them.

You acknowledge and agree that we are not responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including, but not limited to, your name, delivery address, contact phone number or email address.

Alternatively, should you wish to discuss alternative License Terms please advise us in writing (hello@wilddesignnz.com) , an account/The Form will still be required completion prior to purchasing any License.

Limited access Pattern Library

Should you request access to our limited access Pattern Library (via email), and are approved we will send an email notifying you of the approval and provide you with a password to access the Print Library. Using this password, you will be able to view and order a wider selection of Print Designs from us.

What Happens When I Purchase a Print Design?

The Print Designs available on the Print Library, and Limited Access Print Library are viewable as low-resolution watermarked images. Once you place an order and make a payment, we will, typically within 48 hours of receiving the payment (on approval), provide you with a high-resolution file of the Print Design as a repeating pattern via email or a private Drop-box link. 

Any order placed is an offer by you to purchase each particular Print Design in accordance with these Terms, and we reserve the right to accept or reject an order you make for any reason.

Save for instances of false information, we may cancel your order at any time and for whatever reason. If we do so, we will notify you via email about this change and we will give you a full refund of any monies that you have paid for the unfulfilled order. Refunds will be made in the form of the original payment.

Print Designs may not be purchased from us for re-sale.

How Much Does the Print Design Cost?

The quoted prices for the Print Designs are in New Zealand dollars, and where applicable, they are inclusive of Goods and Services Tax (GST).

You agree to pay the stated price (and any applicable charges and taxes) in New Zealand Dollars for all orders.

We reserve the right to change the prices of our Print Designs at any time without notice. However, the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us.

We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason.

What are the Terms of Payment?

We accept payment via VISA, MasterCard and Paypal. We reserve the right to change our mode of payment at any time.

Unless otherwise agreed, you must pay for the Print Designs in advance, and we will not deliver the Print Designs until payment has been received.

To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud.

We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.

If your payment is not received in full or declined by your bank or credit card issuer, we cannot hold Print Designs against your order.

What If I am Not Happy with my Print Design Purchase?

If you are a consumer under the New Zealand Consumer Law, the New Zealand Consumer Law applies to the extent that it is inconsistent with these Terms.

If there is a minor problem with your Print Designs we may replace the Print Designs instead of offering you a refund.

If there is a major problem with the Print Designs, a refund or a replacement may be available.

What Can’t I Do with the Print Design I have Purchased?

The Print Designs are only for your business’ commercial use – you cannot assign, sub-licence or transfer your rights in the Print Designs to any third-party. Sub-licensing is only allowed where it is necessary to fulfill the purpose of the licence in the Print Design. All other instances of sub-licensing are not allowed.

You agree not to copy, distribute, reproduce or communicate the Print Designs or parts thereof that are made available to you other than permitted under these Terms.

If we become aware that you have shared, copied, distributed, reproduced or communicated the Print Designs or parts thereof in a way that is beyond the scope of these Terms, then we reserve the right to take whatever action we deem necessary.

What are my Obligations for the Print Design?

Whilst we are passionate about helping other businesses to grow using our Print Designs, you and we are independent businesses, and nothing in these Terms or any transactions between us creates an agency, partnership or joint venture relationship.

You are responsible for:

·   ensuring you have access to required hardware and software to access the Print Designs;

·   maintaining the security of the Print Designs and for monitoring the use of and access to the Print Designs to ensure all use complies with these Terms (including any private Dropbox Link);

·   your businesses’ own expenses, profits and losses;

·   your own businesses’ goodwill and reputation; and

·   the goods and services you provide that bear, feature, use or are otherwise promoted, distributed or supplied using or by reference to the Print Designs.

If you become aware that a third party may be infringing on the intellectual property rights in the Print Design you are licensing, you must:

·   immediately notify us in writing or any actual, threatened or suspected infringement of the rights in the Print Design; and

·   fully cooperate with us in any legal proceedings or any other action we or an authorized person may commence in respect of the infringement.

Will my Print Design look exactly as it does on the Website?

You agree and acknowledge that the Print Designs when printed may be appear different in colour and texture when compared to the digital version. The Print Designs may also appear different in colour and texture when viewed on different devices due to colour and resolution settings of that device.

Therefore, please always ensure that you read the corresponding description of any item before purchasing it.

You further agree and acknowledge that we make no guarantees, representations or warranties on how the Print Design will appear once you have applied it to your particular uses. 

What warranties do we provide regarding the Print Design?

We warrant that the Print Designs we deliver will:

(a)   match the description in the order form;

(b)   be free of third-party claims; and

(c)   does not infringe any third-party’s intellectual property rights.

We exclude all other representations or warranties regarding the suitability or reliability of Print Designs, including with respect to any of your uses, your business operations or endeavours or the merchantability or appeal of your application or use of the Print Design. Nothing in this clause operates to exclude your rights under the New Zealand consumer law.

What Should I Know about Testimonials?

We highly value all feedback and testimonials from our customers.

However, any review or other matter that could be regarded as a testimonial or endorsement about any Print Designs does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Print Designs and you acknowledge that testimonials represent the anecdotal experience of individual consumers.

Limitation of Liability

Our Print Designs are developed for digital printing. However, we cannot guarantee how the Print Designs will appear once you have applied to your particular uses. Application and use of the Print Design, such as the printing and manufacture of your product, is your sole responsibility. We make no representation about the extent to which a Print Design may be suited to your uses, any machinery or manufacturing processes and methods you may employ, or the quality or merchantability of your final product or application. 

You further acknowledge and agree that we are not responsible or liable for the actions or omissions of a former purchaser or user of your Print Design.

We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to this Website and Print Designs, even if advised of the possibility of such damages.

Save for any liability arising from a breach of warranty, gross negligence, fraud or wilful conduct, our aggregate liability under or in connection with these Terms, however arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to us in respect of the relevant Print Designs giving rise to the liability. 

We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

What About my Personal Information?

The email addresses we collect are only used internally for any notices related to the Print Designs on this Website.

We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.

What Can’t I Do on this Website?

You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with this Website or to any material or content posted on this Website.

In particular, you agree not to:

a) Reverse engineer, extract, decompile, modify, create derivative works of, or otherwise amend or alter the Website;

b) Evade any security feature or functionality of the Website;

c) Permit any third party to access or use the Website;

d) Use any code or application that interferes with the working of the Website;

e) Use the Website in any manner which is contrary to any New Zealand or International laws;

f)  Provide false information;

g) Onsell any information obtained from the Website;

h) use any data mining robots or other extraction tools or metatag; or

i)  mirror the Website.

Will this Website Always be Available?

From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

Are the Third-Party Links Owned by You?

This Website may contain links to other websites that are operated, controlled or produced by third parties. Unless stated otherwise, this Website does not control, endorse, sponsor or approve any such third-party websites or their contents nor are we are liable for any loss or damage that you may suffer as a result of your visits to any third-party websites.

Disclaimers

You acknowledge and agree that, to the extent permissible at law this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind.

Further, images of the Print Designs displayed on this Website are for illustration purposes only and sizes and dimensions may vary in real life. Please ensure that you therefore read the corresponding description of any item before purchasing it.

To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of this Website, any other linked website or any Print Design, and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website.

We also exclude liability in respect of mistakes or inaccuracies on the Website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party or any interruption or cessation of transmission from our Website.

Will these Terms Change?

We may vary these Terms by giving you written notice at any time. The variation will only affect future orders.      

General Matters

If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.

In the event that we merge, sell or otherwise change control of our business or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us.