Terms And Conditions
CareCREATIVE – General Terms and Conditions
Please read our CARECreative General Terms and Conditions carefully. These General Terms and Conditions govern your access, use and orders placed at www.carecreative.com.au and its mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by CareCREATIVE and/or its affiliates and/or fulfillment providers
1.1. By accessing or using this Site and its related software tools, applications or any other CareCREATIVE service, you agree to be bound by the the following General Terms and Conditions (“CareCREATIVE Terms”) and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these CareCREATIVE Terms.
1.2. Every offer of a CareCREATIVE product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our CareCREATIVE Terms.
1.3. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if CareCREATIVE has not specifically rejected them.
1.4. CareCREATIVE reserves the right to make changes to this Site and to these CareCREATIVE Terms at any time without prior notice. You should review these CareCREATIVE Terms each time you access this Site
2. Your Account
Before you can place an order online, you must have a CareCREATIVE account which is created by completing the registration form on the Site. The customer will at all times be responsible for each and every use of the account. CareCREATIVE has the right to refuse any request made by you and to close your Vistaprint account immediately in the event of any breach of these CareCREATIVE Terms.
3. Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and CareCREATIVE is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.
4. Copyrighted Materials for Limited Use
4.1. This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of CareCREATIVE or the copyrighted property of parties from whom CareCREATIVE has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these CareCREATIVE Terms.
4.3. CareCREATIVE reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or CareCREATIVE remain the property of CareCREATIVE and its licensors.
4.4. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. CareCREATIVE reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the design elements through your creation of a design and/or your incorporation of a logo design into one or more products. Other CareCREATIVE customers may use the design tools to create logos that have similar or identical combinations of these elements and CareCREATIVE does not guarantee that your logo will not have similarities to logos designed and used by other parties. CareCREATIVE provides no warranty of any kind that designs created using their design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an lawyer regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
5. Use of our Site and its Content
5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through CareCREATIVE (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from CareCREATIVE does not entitle you to use any portion of Content apart from the finished Products as they are supplied by CareCREATIVE.
5.2. You agree to use this Site in a responsible manner that is in full compliance with these CareCREATIVE Terms and with your local laws and regulations, including export and import regulations.
5.3. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
5.4. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.
5.5. CareCREATIVE reserves the right, in CareCREATIVE’s sole discretion, to refuse to accept any content provided by you to CareCREATIVE or to process any order at any time and for any reason. CareCREATIVE also may terminate its service to and/or the accounts of customers found to be using CareCREATIVE to engage in undesirable activities or otherwise violating these CareCREATIVE Terms. You agree that CareCREATIVE shall have no liability of any kind to you or to any third party arising from such refusal or termination.
5.6. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorisations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products, including any third party material made available via a third party design service which may be accessed via the Site.
5.7. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorise CareCREATIVE to produce the Products on your behalf. You grant CareCREATIVE the right to copy, modify, distribute, use, create derivative works of and vectorise any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit CareCREATIVE to copy, distribute, use, modify, create derivative works of and vectorise any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
5.8. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
6. Transfer of Title
6.1. The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
6.2. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
You agree that you shall indemnify CareCREATIVE and all parties from whom CareCREATIVE has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these CareCREATIVE Terms or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to CareCREATIVE or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
8. Disclaimer of Warranty
8.1. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
8.2. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these CareCREATIVE Terms alter those consumer guarantees if it is illegal for CareCREATIVE to do so. If those consumer guarantees apply to you, and CareCREATIVE cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, CareCREATIVE: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of CareCREATIVE to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
8.3. CareCREATIVE Satisfaction Guarantee is valid for 10 days following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond CareCREATIVE control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order.
9. Limitation of Liability
IN NO EVENT SHALL CareCREATIVE OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CareCREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM CareCREATIVE OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL CareCREATIVE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to CareCREATIVE in connection with the operation or content of this Site shall be provided by the submitter and received by CareCREATIVE on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of CareCREATIVE. By submitting any such information to CareCREATIVE, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that CareCREATIVE shall be free to use such information on an unrestricted basis.
12. Governing Law, Jurisdiction and Dispute Resolution
12.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is CareCREATIVE.
12.2. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Australia. All other matters relating to your access to or use of this Site shall be governed until 30 June 2021 by the laws of the State of Queensland, Australia. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these CareCREATIVE Terms.
12.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Brisbane, Australia. You agree to submit to the jurisdiction of courts situated in Brisbane, Australia, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not assert, in any legal action or proceeding involving CareCREATIVE, that a court sitting in Brisbane, Australia is an inconvenient forum for such legal action or proceeding.
12.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law CareCREATIVE, and CareCREATIVE’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
12.5. We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.