TERMS AND CONDITIONS

 

Welcome to our website. These terms and conditions provide your use of our website and services.

Throughout these terms and conditions, the terms “we”, “us” and “our” refer to Bracoon Creative Pty. Ltd. whereas, “you”, “your” refers to individual users of our website and collectively called as parties.

The word “agreement” used hereunder refers to these terms and conditions. Moreover, the words donating the gender in these terms and conditions include the masculine, feminine and neuter whereas, references in these terms and conditions to the singular words include plural and vice versa.

You acknowledge and agree that these terms and conditions are legally binding agreement between you and us. We request you to read these terms and conditions carefully and if you do not agree with any of the provision herein provided, you should not access and use our website. If these Terms and conditions of service are considered an offer, acceptance is expressly limited to these Terms and Conditions.

 

SECTION 1: ABOUT US

We’re a creative agency with social impact focused on delivering inclusive and accessible marketing solutions to help brands and businesses reach their goals and make them the catalysts behind the new world where opportunities are abundant for everybody.

 

SECTION 2: OUR SERVICES

As a creative agency, we’re on a mission to create a world where information, content and marketing campaigns are readily available to everybody, no matter their abilities. We’re here to help your brand move forward to a place where everyone is treated equally.

Our services include:

1. Universal accessible marketing solutions and campaigns.
2. Branding Development.
3. Graphic Design.
4. Digital Marketing.
5. Motion Graphics.

 

SECTION 3: FEE STRUCTURE

3.1 In order to access and utilize our services, you are allowed to start a project via our website. Our charges vary from project to project. Therefore, once you request for the services, we will provide you quote for requested service at your registered email address with us.

Payment may be made to us by credit card, debit card or any other mode we may introduce at our sole discretion. You agree that we reserve right to accept or refuse any payment made in any form. Whereas payment shall be made in advance.

3.3 In case of late payment, you shall be charged $45 + GST additional fee.

3.4 The timeframe given to you by us is to complete the project is contingent upon your cooperation and material provided by you. In case of any delay in completing the project as a result of your failing to provide required material or cooperation we shall not be held liable.

3.5 Moreover, if you want to cancel your project with us, you shall be charged $250 + GST cancellation fee. However, if you give us 30 days prior written not ice effective from the beginning of project we shall refund you 90% payment.

3.6 If you request changeor amendment in scope of servicesyou have applied for, you agree that you shall be liable to pay an additional cost determined by us at our sole discretion.

 

SECTION 4: DUTIES

The users acknowledge and agree that:

a. They shall provide us all the necessary information and material to complete the project.

b. Their content shall not be in violation of anyone’s intellectual property rights including without limitation, copyrights, and trademarks.

c. They shall cooperate with us to deliver the project on time by giving access to client’s material.

 

SECTION 5: ACKNOWLEDGMENT

You acknowledge and undertake that:

1. You have read and understood our terms and conditions and you agree with every provision herein.
2. You are of legal age to enter into contractual obligation with us.
3. You should provide us correct, updated information about yourself.
4. You will obey our terms and conditions.
5. You will solely be responsible for any fees, including internet connection or mobile fees, that you incur when accessing our services and website.
6. We, at our sole discretion may suspend, terminate, or block your access with us with or without any notice.
7. You will keep your ID and password confidential.
8. If someone accesses your account without your authorization, you shall immediately notify us.
9. If any loss or harm is caused to you as a result unauthorized access or use of your account by any third person, we shall not be held liable.

 

SETION 6: PROHIBITED CONDUCT

You agree not to:

1. Perform any activity that imposes large load on our site.
2. Use any data mining, robots, or similar date extraction methods.
3. Violate security of our website by probing, scanning, or testing the vulnerability of system.
4. Forge any information.
5. Decompile or reverse engineer of our site.
6. Carryout any illegal activity using our services.
7. Harass, incite harassment, or advocate harassment of any group, company, or individual.

If you violate the security of our network, we are entitled to initiate civil or criminal action against you. We will also have right to investigate such violations cooperate with law enforcement agencies in order to prosecute users involve in such violations.

 

SECTION 7: OUR CONTENT

We give you a personal, non-exclusive, non-transferable, right to access and use our site and its services whereas aforesaid right is conditioned on your compliance with our terms and conditions. The content available or accessible through our website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software is our exclusive property and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations. Therefore, you shall not download, copy, reproduce, distribute, transmit, broadcast, display, sold, license, exploit, enhance, edit, modify, adapt, decompile, disassemble our content for any purpose without our prior written consent.

 

SECTION 8: YOUR CONTENT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through our website (“User Content”) is the sole responsibility of the person from which such User Content originate. By submitting, posting, or displaying User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute, and publish such User Content. In addition, by submitting, posting, or displaying User Content which is intended to be available to the general public, you give us a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute, and publish such User Content for the purpose of promoting our services. We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does we endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

 

SECTION 9: WARRANTY

This site is available to you on “as is” basis without any express or implied warranty. We do not give you any warranty about:

1. Accuracy, reliance, correctness and truthfulness, timeliness of our site.
2. We do not warrant that our website will be error free, or free of any computer viruses or other harmful mechanism.

In the event that our website, either directly or indirectly, results you in need of replacing equipment, we shall not be liable for the cost incurred to you. You use our website at your own risk and agree that in no event we shall be liable for any direct or indirect damages, loss of profit, loss of data resulting from or arising in connection with access or inability to access our website whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.

 

SECTION 10: INDEMNITY

You agree to indemnify and keep us harmless from and against all legal claims, actions, demands by third parties resulting in connection with your use of our services. We undertake to use reasonable efforts to provide you notice immediately of any such claim, action, suit that may assist you to defend yourself.

 

SECTION11: TERMAND TERMINATION

These terms and conditions will remain in full force and affect while you are using our services. You agree that we have the right to terminate, limit, remove your use of our services at our sole discretion if you breach our terms and conditions, or if are unable to verify or authenticate any information you submit to us while registration. Whereas, if you want to terminate your registration with us you may do so by:

a. Giving us notice at any time.

b. Deleting your account.

However, we shall not be held liable to you for suspending or terminating your use of our services. Moreover, all the provisions of these terms and conditions which should survive by nature, shall survive the termination of these services including but not limited to liability, indemnity, warranty.

 

SECTION 12: COMMUNICATION

By registering with us, you consent us to communicate with you through your registered e-mail or telephone within your account. All the communication between us shall be construed as effective from the date of reception. However, it is your responsibility to read all the communication we transfer to you. Moreover, all the communication shall be made in English and any communication made otherwise shall only be for the convenience purpose and shall not be legal binding. Only English version of such communication will be binding. You agree that you are solely responsible for keeping the information confidential and we shall not be held liable for any loss or harm caused to you as result of disclosure of such communication.

 

SECTION 13: THIRD PARTY SITES/LINKS

Our website may provide third parties link and you acknowledge and agree that you deal and interact with advertisers and other third parties accessible through our website at your own responsibility. These dealings may include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. We provide these third-parties links and sites only for your convenience and you agree that they shall be considered as endorsement from us. You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own liability. We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will not be held liable if any loss, harm is caused to you as a result of presence, interaction or dealing with such third parties links, ads accessible on our website.

If any dispute arises between you and such third parties you agree that we shall have no obligation to involve, intervene in the matter. You release us from any or all the claims, demands, damages of any kind whether known or unknown, suspected, or unsuspected, disclosed, or undisclosed arising in connection with such disputes.

 

SECTION 14: DISPUTE RESOLUTION

In case of any dispute with us you are encouraged to contact us first. We aim to resolve the matter without resorting to legal proceedings. We will try to resolve the matter internally; however, you agree that you shall keep the discussion confidential. If we could not resolve the matter internally by negotiation and you want to initiate legal action you shall send us a notice of claim before commencing legal action. However, you agree that all the disputes regarding these terms and conditions shall be resolved according to the governing Laws of Australia, and venue is to be lie exclusively in the courts of competent jurisdiction.

 

SECTION 15: VIOLATIONS

In the event, we find out that you have breached our terms and conditions, we may investigate the matter. If you have violated any applicable law, we are entitled to refer the matter to applicable legal authorities. We also have a right to disclose any information or content provided by you, in connection with your use of our services to.

1. Comply with applicable laws, government request, legal process.
2. Enforce these terms and conditions.
3. Answer to any claim if you have violated anyone’s right using our website.
4. Answer to custom service requests.
5. Protect our rights, property, and personal safety.
6. Protect our user’s rights, property, and personal property.

If, you have breached our terms and conditions, you agree that we have right to

1. Send you a warning by email.
2. Restrict your use of our services.
3. Inform law enforcement for further action in case of serious breach or consequences.
4. Carry out any other action which we may deem appropriate.

 

SECTION 16: MISCELLANEOUS

1. Performance by us under this agreement is excused during the period such performance is prevented or delayed by the government restrictions (whether with or without jurisdiction), war or warlike activity, insurrection or civil disorder, or any other cause similar or dissimilar to the foregoing that are beyond the control of the parties and not enforceable at the time the agreement is executed.
2. It is hereby agreed that we may at our sole discretion, amend, alter, change, any of the provision of these terms and conditions and such modifications shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of these terms and conditions.
3. Any captions or headings used in these terms and conditions are solely for the convenience of the parties hereto, are not part of these terms and conditions, and are not to be used for the interpretation or determination of validity hereof.
4. If any particular provision of these terms and conditions is determined to be invalid, the invalidity and enforceability would not affect the remaining provisions, which will nevertheless remain in full force and affect.
5. Nothing in these terms and conditions shall be construed as partnership, agency, employment relationship between us.
6. You are not allowed to assign or transfer any right or obligation to any third party without the written consent of us however, you understand that we may assign or transfer some, all or any of our rights and duties with or without notice to you.
7. Our website may from time to time, contains links to other sites whose privacy practices may be different from ours. In case, you submit personal information to any of those sites, your information is governed by their privacy policies and we shall not be held liable for any loss of data or personal information thereof. We request you to carefully read the privacy policy of any other website or application you visit.
8. If you have queries, problems, or any feedback you are encouraged to contact us athello@bracoon.com.au. We will try to resolve any complaint within seven (7) business days from the date we receive the complaint.