This Intellectual Property Policy ("Policy") is issued by The Hamper Boutique Co ("we", "us", "our", or "the Company") and applies to all users of our website, social media pages, promotional materials, and related content, as well as all individuals or entities who interact with our products and brand in any capacity.
This Policy sets out the legal rights and restrictions in relation to the intellectual property owned, developed, licensed, or published by The Hamper Boutique Co. By accessing or using our website or any of our assets, you agree to comply with this Policy.
Ownership of Intellectual Property
All intellectual property rights, including but not limited to trademarks, logos, graphics, designs, photography, text, packaging, product names, layout, digital content, downloadable files, videos, and any other creative or proprietary material (collectively, "Intellectual Property") featured on our website or associated platforms are:
The exclusive property of The Hamper Boutique Co, or
Used under valid licence or permission from a third-party content owner.
These rights are protected under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and relevant international laws.
Restrictions on Use
Except as expressly permitted by us in writing, you must not:
Copy, reproduce, republish, download, transmit, store, broadcast, display, distribute, modify, or otherwise use any of our Intellectual Property for commercial or public purposes;
Use any of our branding, trademarks, or copyrighted materials in a manner likely to cause confusion, misrepresent affiliation, or damage our reputation;
Create derivative works or imitations of our hampers, gift collections, or packaging designs;
Extract, mine, or scrape content from our website, catalogue, or product listings.
Any unauthorised use or infringement may result in legal action, including claims for damages and injunctive relief.
Use of User-Generated Content (UGC)
If you tag, share, or otherwise submit content to us (e.g., social media photos, product reviews, testimonials), you grant The Hamper Boutique Co a royalty-free, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, publish, and distribute such content across our website, marketing materials, social media platforms, and advertising campaigns.
We may edit, crop, or adapt user-submitted content as reasonably required for promotional purposes.
You warrant that:
You own or have the necessary rights to submit the content;
The content does not infringe any third-party intellectual property rights;
You waive any moral rights to the extent permitted by law.
We are under no obligation to use or credit user-generated content.
Third-Party Intellectual Property
Where third-party content (including fonts, images, or brand collaborations) is featured on our website or in our materials, such content is used under licence or permission and remains the intellectual property of its respective owner.
Nothing in this Policy grants you any rights to such third-party content.
Reporting Infringement
If you believe that any material on our website or social media channels infringes your intellectual property rights, please contact us at info@thehamperboutique.com.au with the following details:
Your name and contact information
A description of the work you believe has been infringed
Evidence of ownership
A direct link or screenshot of the allegedly infringing content
A signed declaration that your claim is made in good faith
We will review and, where appropriate, remove or restrict the disputed content in accordance with applicable laws.
Enforcement and Remedies
We reserve the right to enforce our intellectual property rights to the full extent permitted by law. This includes taking legal action for infringement, including:
Cease and desist letters
Removal of infringing content
Injunctive relief
Claims for damages and costs
Pursuit of criminal remedies where applicable
Unauthorised use may also result in account suspension, order cancellation, or refusal of future service.
Changes to This Policy
We may update or amend this Policy at any time. The most current version will always be published on our website. Continued use of our website or materials after changes are posted constitutes acceptance of the updated terms.
Governing Law
This Policy is governed by the laws of the State of Victoria, Australia. Any disputes arising under this Policy shall be submitted to the exclusive jurisdiction of the courts of Victoria.
