WEBSITE TERMS OF USE
Welcome to the Creative Junction web site (the Web Site). The Web Site is owned and operated by Creative Junction, ABN 89 093 590 681, Level 1, 321 Whitehorse Road, Nunawading VIC 3131, Australia. By accessing, browsing, or using this Web Site, you agree to be bound by these Terms & Conditions, without modification of the terms, conditions, and notices contained herein. If you do not agree to these Terms & Conditions then please do not use the Web Site.
You should also refer to our Privacy Policy, which contains important information regarding personal information you may provide to us on the Web site.
Any reference to we, us and our in these Terms and Conditions is a reference to Creative Junction.
User Rights and Obligations
No Unlawful or Prohibited Use.
As a condition of your use of this website, you warrant to Creative Junction that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You must not:
1. Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
2. Violate any Applicable Law relating to your use of the Site; or
3. Collect or store personal data about other users of the Site.
Use of the Site Is At Your Risk
You use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
Use of Content
The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Website. You may make a single hard copy of the Content. You may not otherwise copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the content contained on this Website, unless expressly provided for on the Website or expressly authorized in writing by Creative Junction. You must not transmit or attempt to transmit any data, code or other material of any kind to this Website that contains a virus or other harmful component.
Warranties & Liabilities
We do not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
Limitation of Liability
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
Third Party/linked sites
We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
Liability Disclaimer
The information, products, and services published on the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Creative Junction may make improvements and/or changes to these websites at any time. Creative Junction makes no representations about the suitability of the information, products, and services contained in the website for any purpose. All such information, products and services are provided "as is" without warranty of any kind. Creative Junction hereby disclaim all warranties and conditions with regard to this information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Creative Junction be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Creative Junction has been advised of the possibility of damages.
Earnings and Income Disclaimer
As with any business in any industry, results will vary. These results are a direct reflection on the level of capacity, experience, expertise and motivation of the business and its operators. There are no guarantees as to the level of success you will achieve. All testimonials used are exceptional results, which do not apply to the average business, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each person’s and business' success will depend on background, dedication, desire and motivation. There is no assurance that examples of past earnings and income levels can be repeated again in the future. We cannot give a guarantee for your future success and results. Unknown risks in business carries with it no guarantee for future performance levels. We are not responsible for your actions.
You should conduct your own due diligence in relation to the purchase and use of our products and/or services. You also agree that Creative Junction is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
Products and Services
The terms "Product" means the products or services advertised for sale on the Website; "Website" means the website owned by Creative Junction; "You" and "your" are references to persons purchasing Product.
By ordering a Product from this Website you expressly agree to be bound by these Purchase Terms and Conditions. This agreement ("Agreement") is between you and Creative Junction.
Placing an order
The prices on the Web Site and any other information in respect of a Product is not an offer to sell but is an invitation to treat only, and is subject to the availability of the Product, which may change from time to time. You may offer to purchase goods by completing the order form and submitting it with your credit card details for the price of the Product to the email address on the form. Your Order must contain all ordering information specified on the order form.
You may not cancel an Order once it is submitted, even if our acceptance or rejection of your offer is still pending. Creative Junction reserves the right to accept or reject in its absolute discretion any Orders which may be received by it for any reason including, without limitation, the unavailability of any Product, an error in the price or the Product description on the Order Page, or an error in an order made by you. Creative Junction is not required to give reasons for rejecting your offer to purchase.
Creative Junction will refund your payment should your offer be rejected. If Creative Junction rejects your offer to purchase the goods for any reason, neither it nor you will be under any further liability to the other arising out of your original offer or its non-acceptance of that offer.
Creative Junction gives no undertaking as to the availability of Product advertised on this Website and the prices shown are subject to alteration without notice. The prices at which the Product is sold are inclusive of any goods and services tax imposed under Australian law ("GST").
Payment, Receipts & Delivery
Payment for Product sold by Creative Junction to you must be tendered at the time of placing an Order by enclosing credit card details for the price of the Product ordered with the Order and submitting it to Creative Junction. Creative Junction accepts the order by you to purchase a particular Product for the price when the bank or other financial institution in which Creative Junction deposited it clears your credit card payment.
Upon acceptance of your order, delivery will be affected electronically to the email account nominated by you. Creative Junction is not liable for any delay in delivery.
Description of Product
Descriptions on this Website of Product are descriptive only. Actual finished Product delivered to you may be subject to minor variations.
Risk and Title
Creative Junction retains title to a Product until the Product is delivered. Title and risk in the Product will pass on shipping of the Product to you.
Exclusions and Limitations
All statutory and implied conditions and warranties are excluded to the extent permitted by law. To the extent permitted by law, the liability of Creative Junction under any condition or warranty which cannot legally be excluded (including those under the Trade Practices Act 1974) is limited to the replacement or repair of the Product or supply of equivalent Product; or the payment of the cost of replacing or repairing the Product or of acquiring equivalent Product.
You acknowledge that you do not rely and it is unreasonable for you to rely on the skill or judgment of Creative Junction as to whether the Product supplied is reasonably fit for any purpose for which it is being acquired.
Except to the extent expressly provided for in this Agreement, Creative Junction has no liability (including liability in negligence) for any loss or damage consequential or otherwise suffered or incurred in connection with the Product provided by Creative Junction, including but not limited to any loss or damage consequential or otherwise suffered or incurred and caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Product.
Indemnity
You indemnify Creative Junction regardless of any negligence on its part, against all losses, liabilities, legal costs and other expenses incurred by Creative Junction arising directly or indirectly as a result of or in connection with the breach by you of any provision of this Agreement or any willful, unlawful or negligent act by you in connection with the supply by Creative Junction to you of, or use by you of, any Product.
Notices and Claims
Any warranty or other claims by you under this Agreement are as well as any questions you may have in connection with this Agreement should be emailed or sent to Creative Junction at the address set out on the Web Site.
Governing Law and Jurisdiction
The law of the State of Victoria, Australia governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of this State and the Federal Court of Australia.
Modification of These Terms and Conditions
Creative Junction reserves the right to change the terms, conditions, and notices under which this website is offered. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Creative Junction as a result of this agreement or use of the website.
Any rights not expressly granted herein are reserved.
In addition to the general terms and conditions, Creative Junction reserves the right to refuse acceptance of any advertisement it considers inappropriate for whatever reason. For details of Creative Junction’s privacy policy please read our privacy policy.
Correspondence should be directed to the postal address of PO Box 1232, Blackburn North VIC 3130 or emailed to info @ creativejunction.com.au.
