Terms & Conditions
Effective 16 April 2024
WEBSITE TERMS AND CONDITIONS OF USE
1) GENERAL
a) These terms and conditions (Terms and Conditions) govern your access, viewing and use of the content and material located on this website, including (without l imitation) all images, text, photographs, links to YouTube videos and audio files made available on this website (Material).
b) This website is supplied by Cherished Pixels Pty Ltd ACN 676 103 129 (us, we or our) to the person responsible for uploading the Material (the Customer).
c) By accessing and using this website, you agree to be bound by the Terms and Condit ions set out in this document.
d) You may not access, display, use, download, and/or otherwise copy or distribute any Material and/or content obtained on this website for marketing and other purposes without our prior written consent.
e) If you fail to comply with any of these Terms and Conditions, the Customer and reserve the right to immediately revoke your viewer permissions and right to access the Material and/or this website.
2) USER ACKNOWLEDGEMENTS
By accessing the Material and content on this website, you acknowledge and agree, to the fullest extent permitted by law, that:
a) you are viewing the Material and/or content on this website for a legitimate purpose;
b) where the relevant QR code has a privacy setting enabled, you have the relevant rights and permissions to view and access the Material and/or content on the website;
c) you will not duplicate and/or distribute the QR code, including in an electronic format;
d) unless you are the Customer, you do not own or have rights in any Material and/or content;
e) you will not download, make copies of, distribute and/or duplicate any Material and/or content from this website including by way of making screenshots of any Material and/or content;
f) it cannot always be guaranteed that your viewing and/or usage requirements will always be met, be uninterrupted or error free;
g) the Customer is responsible for any Material made available on this website;
h) we were not involved with, and are not responsible for, reviewing, filtering and/or vetting any Material and/or content on the Website;
i) the Website is hosted by an external hosting service provider and not by us;
j) we are not responsible and/or liable for any technical difficulties you may experience in respect of this website;
k) the Customer and us cannot and do not guarantee that this website (and the associated servers that operate this website) will be free of viruses or other harmful components;
l) the Customer and us cannot and do not guarantee that this website is immune from being compromised by a third party such as through cyber-attacks, hacking, security risks, security breaches and leaked content;
m) the Customer and us are not responsible for the website being unavailable temporarily or for an extended period, and access to the website or part thereof may be limited from time to time;
n) you will comply with any user guidelines set by us;
o) you will comply with the hosting provider’s user guidelines;
p) you will comply with YouTube’s user guidelines (if applicable); and
q) you will comply with all applicable laws within Australia.
3) PRIVACY
a) The use of this website is solely at your own risk. You must evaluate and bear all risks associated with the use of this website including reliance on the accuracy, completeness or usefulness of this website.
b) You indemnify and hold us and the Customer harmless against any loss, injury or damages, which may be sustained as a result of viewing, using and/or accessing any of the Material and content available on this website.
c) When you visit this website, cookies may be used which may contain information about the page you visit on this website. If you do not want to allow this, you can remove cookies from your device by changing your browser settings. This may, however, affect the functionality of this website.
d) All of your interactions with us are governed by our Privacy Policy which can be found here.
4) USE OF PERSONAL INFORMATION
a) You may be required to provide basic personal information to access this website including your name, date of birth and contact details.
b) We may use your personal information in the ordinary course of business to provide you with marketing regarding our products and services, for trend analysis and to send you marketing material relating to any other similar sites that you may be involved with.
c) You are entitled to unsubscribe at any time and thereafter your personal information will not be used.
5) PRIVACY – CASUAL SURFING
a) You may visit this website without providing any personal information however, your viewing permissions may be limited.
b) This website’s servers may collect the IP address of your electronic device, but not the email address or any other dist inguishing information. This information is aggregated to measure the number of visits, average time spent at this website, pages viewed etc.
c) We may use this information to determine use of this website, and to improve content thereon. We assume no obligation to protect this information, and may copy, distribute or otherwise use such information to the fullest extent permitted by law.
6) COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
a) We may provide certain information on this website. Content currently or anticipated to be displayed on this website is provided by us and/or our affiliates, the Customer or any other third party owners of such content, and includes but is not limited to literary works, musical works, artistic works , sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions and computer programs (the Content). All such proprietary works, and the compilation of the proprietary works, are our copyright and that of our affiliates, the Customer or any other third-party owner of such rights (the Owners) and are protected by Australian and international copyright laws.
b) We and the Customer reserve the right to make any changes to this website, the Content, or to products and/or services offered through this website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
7) LIMITATION OF LIABILITY
a) Us and the Customer disclaim allresponsibility for potential security breaches occurring on your electronic device (such as your personal computer, mobile phone, tablet or other electronic device used to browse this website), which may result due to the lack of adequate virus protection software or spyware that you may have inadvertently installed on your device.
b) All Content on this website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors.
c) The Owners make no warranty or representation as to the availability, accuracy or completeness of the Material and/or Content on this website.
d) This website may include links to external websites (External Sites), which are not controlled or operated by us or the Customer, and we assume no responsibility for the content, policies, or practices of any External Sites. Use or reliance on such External Sites is at your own risk.
e) Us, the Customer and our affiliates, shall not be responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or this website or any functionality thereof, or of any linked website, even if we have expressly advised thereof.
8) DELIVERY
a) Subject to clause 17, once CP has received the Payment in cleared funds, CP will as soon as practicable (and in any event within 7-10 Business Days) arrange for the delivery of the Plaque to the Customer to an address in Australia or New Zealand.
b) CP will use its best endeavours to ensure that the Plaque is appropriately packaged to minimise any damage to the Plaque during transportation.
c) If the Plaque is damaged during transit to the Customer and the Customer seeks a replacement Plaque or refund,
the Customer must return the Plaque to the Premises.
d) Once CP receives the returned P laque, CP will under take an assessment of the Plaque and CP will, acting reasonably, either:
i) provide a replacement Plaque to the Customer at no cost to the Customer;
ii) issue a refund to the Customer; or
iii) find the Plaque to be in good order and condition and return the original Plaque to the Customer.
e) CP may, from time to time, make information available to the Customer relating to availability, dispatch and delivery dates in respect of the Product. The Customer agrees that any such information is only an estimate and that CP cannot guarantee availability of the Product or delivery times.
f) The Customer agrees that delivery of the Plaque will be subject to the standard delivery times of Australia Post or the designated delivery service appointed by CP.
g) CP will not be liable for any loss suffered by the Customer where the Plaque is not delivered in accordance with availability, dispatch or delivery dates provided by CP.
h) The Customer agrees that where the Plaque is stolen, misplaced or lost after delivery to the Customer’s address, the Customer is solely responsible for all costs and expenses associated with re-producing and re-shipping a replacement Plaque.
i) If the Customer does not receive the Plaque due it being lost or misplaced by Australia Post (or any other designated delivery service appointed by CP) and the Customer can prove this to the satisfaction of CP, CP may in its absolute discretion deactivate the original Code and re-produce and re-ship a replacement Plaque at CP’s cost.
9) VARIATION
a) We reserve the right to amend, modify, add or remove portions or the whole of these Terms and Conditions from time to time.
b) Amendments to these Terms and Conditions will become effective upon such changes being posted to this Website. It is your obligation to periodically check these Terms and Conditions on this website for changes or updates.
c) Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
10) ELECTRONIC COMMUNICATIONS
By using this website or communicating with us by electronic means, you acknowledge and agree that any and all agreements, notices, disclosures, or any other communication satisfy applicable requirements, including but not limited to, the requirement that such communications should be in writing.
11) SEVERABILITY
Any term that is unenforceable will be severed unless the term is unenforceable because it is declared to be an unfair contract term, in which case it shall, at our election, be deemed to be amended to the minimum extent required to prevent it from being an unfair contract term.
12) ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and the Customer, and you and us, in connection with its subject matter and you have not relied on any representation or promise except as expressly set out in these Terms and Conditions.
13) NO WAIVER
Failure by a party to enforce, at any time or for any period, any one or more these Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce these Terms and Conditions.
14) GOVERNING LAW AND JURISDICTION
a) These Terms shall be governed by and construed in accordance with the laws of New South Wales.
b) You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from there.
15) CONTACT US
Any information, queries or requests to use any part of this website can be directed to Ventraip Australia customer support.