Terms of Use

  • Definitions Index Certain terms, words and/or phrases in our policies are abbreviated or used by reference.
    All definitions stated in our policies refer to the same meanings consistent with their descriptions, regardless of capitalisation and how the wording is presented.
    Please click the link above to review the definition index for a better understanding of the references we use.

BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO THEM, DO NOT USE THE WEBSITE.

This policy does not set out a direct contract or agreement governing a provision of our products. Those contracts and agreements are set separately based on the products required and/or provided on a case by case basis.

This policy governs particularly your use of our websites. However, we do not seek to limit any rights to the extent prohibited by law.

Eligibility:

You must be at least 18 years old to use the website. By using the website you declare that you are 18 years of age or over, and allowed by law to enter into a biding contract.

Availability:

Based on the applicable laws and depending on how you use the website, you may not have access to parts or even the entire website. We may block access to the website in certain countries as required by law and as we see fit as far as our limitation on the provision of our products go, or if we believe you have breached our policies during your current and/or previous use of the website.

Limited right of use:

The website is owned and operated by Creativaholic Studio. Unless stated otherwise, all materials on the website is our property and/or the property of one or more of our suppliers. All materials on the website (as described in the definitions index) are controlled and/or licensed by or to Creativaholic Studio, and are protected by trade dress, copyright, patent and trade mark laws, and various other intellectual property rights and unfair competition laws. You may, view, print and/or download one copy of the materials from the website on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No material we publish on the website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way or by any means (including mirroring) to any other computer, server, website or other medium for publication or distribution or for commercial use, without prior written permission from us. The use of any such material on any other website or networked computer environment or for any other purpose, whether online or offline, including but not limited to printed or projected media is strictly prohibited and such unauthorised use may violate copyright, trademark and other similar laws.

You agree not to use the website to distribute, link to or solicit a material that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Some of the materials we publish on the website, in whole or in part, may be the property of other third parties who licensed them to us including but not limited to Stock Images, Javascript plugins and codes, styling and programming techniques.

For more details, see our Copyright Notice.

Data mining:

The automated and/or systematic collection of data from the website is strictly prohibited. You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any material on the website, or in any way reproduce or circumvent the navigational structure or presentation of the website or any material, to obtain or attempt to obtain any material, documents or information through any means not purposely made available through the website. We reserve the right to bar any such activity.

You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any of our servers, or to any of the products offered on or through the website, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user or visitor of the website, or any of our other clients or customers, including any client account not owned by you, to its source, or exploit the website or any product or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our website, systems or networks, or any systems or networks connected to the website and/or associated with us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any product offered on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the website or any material on the website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights and the rights of others.

Communications:

Except for any details disclosed by you or collected by us as specified in our Privacy Policy, all communications will be considered non-confidential and non-proprietary. You agree that communications (in exception to your initial project brief and your and/or third parties' proprietaries and copyrighted materials) will be deemed, at the time of communication to us, the property of Creativaholic Studio, and we shall be entitled to full rights of ownership, including and without limitation to, unrestricted right to use or disclose such communication in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations.

Any project brief you communicate to us will remain strictly confidential in accordance to our Privacy Policy, given that all materials you submit is not violating or infringing any copyright or trade mark laws, and does not contain materials that are defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Monitoring:

Although we are not obligated to do so, we have the right to review your communications to us, so we can determine whether you comply with our policies. We will not have any liability or responsibility for the content of any communications, or for any errors or violations of any laws or regulations by you. We will comply with any court order in disclosing the details of any person or entity submitting communications to us. It is advisable that you review our Privacy Policy before submitting any communications to us.

Links and third parties:

The website may have links to websites that are not owned or operated by us. We are not responsible for the content of any linked websites or any link contained in a linked website. We reserve the right to terminate any link at any time. We may provide links from the website to other websites or services as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links to. If you decide to access any of the third party websites and/or services linked from the website, you do this entirely at your own risk.

CREATIVAHOLIC STUDIO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED WEBSITES AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED WEBSITE AND/OR SERVICE.

Anti-Spam:

As stated in the "Monitoring" section of this policy, we do not tolerate spamming. Our communication systems will try to filter out all incoming spams to a maximum possible, but if you use the website to send spam messages, we will block your access to the website and our entire service as well as reporting your Email and IP Addresses to the right channels to blacklist you.

IMPORTANT NOTE: We do NOT outsource our work or hire any other agency or company for any of our products neither locally, nationally or internationally. We already have established relationships with reputable providers and partners, and all our production is carried out in-house. Do not even try to contact us in regard to outsourcing our work (Seriously! Just Don't), we simply won't accept your offerings and such messages will be considered spams.

Disclaimers of warranties:

Nothing in this policy operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute, or cause any term of this policy to be void.

THE INFORMATION FROM OR THROUGH THIS WEBSITE AND ALL OUR COMMUNICATIONS ARE PROVIDED IN "AS-IS", "AS AVAILABLE" BASIS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WE MAKE NO COMMITMENTS ABOUT THE MATERIAL WITHIN THE WEBSITE AND OUR COMMUNICATIONS. WE FURTHER DISCLAIM ANY WARRANTY THAT THE WEBSITE AND COMMUNICATIONS WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, EFFECTIVE, ACCURATE OR RELIABLE, OR THAT ANY ERRORS OR DEFECTS IN THE WEBSITE AND COMMUNICATIONS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF THE WEBSITE AND OUR COMMUNICATIONS. YOU MAY USE AND ACCESS THE WEBSITE AND COMMUNICATIONS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND ACCESS OF OUR WEBSITE AND COMMUNICATIONS. WE ALSO DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY OF OUR PRODUCTS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, OUR COMMUNICATIONS AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE AND COMMUNICATIONS OR ANY MATERIAL ON THE WEBSITE AND COMMUNICATIONS IS TO STOP USING THE WEBSITE, COMMUNICATIONS OR ANY MATERIAL ON THEM.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserve the right - at any time without notice - to modify, change, interrupt, suspend or terminate the website and/or its operation of or access to the website in whole or in part, for any reason.

Limitation of liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WE OR OUR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING AND WITHOUT LIMITATION TO LOSS OF PROFITS OR REVENUES, COSTS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, OUR COMMUNICATIONS OR ANY LINKED WEBSITE, DAMAGES RESULTING FROM YOUR USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEBSITE AND OUR COMMUNICATIONS, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OTHER TORTIOUS ACTION OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OUR WEBSITE AND COMMUNICATIONS, EVEN IF WE AND/OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WE AND/OR OUR SUPPLIERS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF YOUR ACCOUNT WITH US OR THE INFORMATION CONTAINED THEREIN.

WE AND OUR SUPPLIERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE AND COMMUNICATIONS; (B) ANY UNAUTHORISED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE WEBSITE AND OUR COMMUNICATIONS AND/OR ANY AND ALL DETAILS STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND OUR COMMUNICATIONS; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND COMMUNICATIONS; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE AND OUR COMMUNICATIONS; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, OUR CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO US (IF ANY) DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Force majeure:

We will not be liable for delays in processing or other non-performance caused by events such as fires, telecommunications failures, utility failures, power failures, equipment failures, labour strikes, riots, war, hostilities, invasion, act of foreign enemies, mobilisation, requisition, embargo, rebellion, revolution, insurrection, military or usurped power, terrorist attack or threats, contaminations (including toxic and radio-active contaminations), acts of God, acts of nature, natural disasters, non-performance of our suppliers, or other causes over which we have no reasonable control of.

Indemnity:

You agree to indemnify, defend and hold us and our subsidiaries, affiliates, directors, owners, officers, agents, employees, representatives, partners, shareholders, and licensors harmless from and against any and all claims, liabilities, demands, damages, losses or expenses (including attorney's fees and costs), made against us by you or by a third party on your behalf, arising out of, based on or in connection with your access and/or use of the website.

Termination and blocked access:

We reserve the right to terminate your access to the website and cease all forms of communication with you if you breach or otherwise fail to comply with our policies. You may also terminate your account with us and stop using our website and cease all communications with us at your own discretion. This does not relieve you from any obligation to us. Upon termination, you agree that we have no obligation to retain your details or any communications received from you to us, or sent from us to you.

We reserve the right to block and/or limit access to our website for certain individuals and/or entities including but not limited to:

  • Countries and any location banned and/or embargoed by Australia, the United States of America, the European Union and/or the United Nations.
  • Individuals and entities living, trading within and with banned and embargoed countries.
  • Individuals and entities banned, blocked or denied by the Australian government.
  • Individuals and entities blacklisted by our internal and external servers due to breach of laws or our policies.

Applicable laws:

You agree that these Terms of Use are governed by the laws in force in the State of New South Wales, Australia, without regard to its conflicts of laws provisions. You agree to the jurisdiction by and venue in the State of New South Wales in Australia and waive any objection to such jurisdiction or venue. Any claim under this policy must be brought within six (6) months after the cause of action arises, otherwise, such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between you and Creativaholic Studio arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable laws.


Unless stated otherwise, we reserve the right to review and change certain information contained in our websites without notice.

Last updated by the Creativaholic Studio legal team on 01 July 2017

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