Terms of Use

Wow! You must be bored if you’re viewing this page! Anyway, we hate reading these things as much as you probably do. Nonetheless, our lawyers assure us this page is necessary. And we agree. This page not only protects you, but also us. Plus, we forced our lawyers to print the following Terms of Use in a font size that is actually readable to the average human being (we had to pay extra for that …)! Yes, we’re always interested in firsts here at wecancreate!

So print off a copy, grab a glass of warm milk, and get ready for some perfect bedtime reading. You will be asleep in 5 minutes – GUARANTEED!*

*Our lawyers have insisted that we are unable to guarantee whether you will, indeed, fall asleep in 5 minutes. For some of you, it may take shorter or longer. Every individual is different. And some individuals may not be able to sleep at all. In those cases, we encourage you to seek the services of a medical professional. Please do not self-medicate with this page.

Contents

Terms and Conditions

Privacy Policy

Terms and Conditions

The wecancreate.com website (“our Website”) is owned and operated by wecancreate (“we”, “our”, and “us”), whose ABN is 14 839 865 210. We are based in South Australia, Australia.

By accessing and/or using our Website, you agree to be bound by all the terms and conditions contained in our Terms of Use and all applicable laws, without limitation or qualification. If you do not agree to all, or any, of the terms and conditions, please do not use our Website. We rely on your continued observance of the Terms of Use.

If you have any questions about these Terms of Use, or about our Website, please contact us.

We reserve the right to amend, update and/or modify the Terms of Use at any time. Since you are bound by the Terms of Use, you should periodically refer to them in this document. Your continued access to, and use of, our Website will be taken as confirmation that you have agreed to the new terms and conditions. If any change in the terms and conditions is unacceptable to you, your only recourse is to terminate your use of our Website.

Intellectual Property

The intellectual property rights (including copyright, trademarks, and/or other proprietary interests) in all information, text, material and graphics (“content”) on our Website are owned, and/or controlled by us, our suppliers and/or licensors unless expressly indicated otherwise. You obtain no right, title, or interest in this property.

Our Website and its contents are intended solely for personal, noncommercial use by the users of our Website. You may download and view the content or print a copy of the content on our Website for personal, non-commercial use provided you do not modify the copy from how it appears on our Website, and provided that you keep intact all copyright, trademark, and other proprietary interests. All rights not expressly granted under these Terms of Use are reserved.

All content on our Website is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

You will not use our Website for any purpose or in any way which is unlawful.

Disclaimer

All content, information, products, and services contained in or offered through our Website are provided on an “as is” and “as available” basis without representations or warranties of any kind, either express or implied.

We expressly disclaim all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or noninfringement and any implied warranties arising from course of dealing or course of performance. We do not warrant or make any representation that our Website, its contents, your access to it, and/or the results of your access will be complete, correct, accurate, timely, reliable, uninterrupted, secure, or error free or that our Website or the server that makes it available are free of viruses or other harmful components. All information on our Website is subject to change without notice.

From time to time we may need to update the content on our Website and/or maintain the software and other equipment that runs our Website. During these times you may not be able to access our Website or things may be a bit slower than normal.

Nothing in these terms and conditions affects your legal rights as a consumer.

Limitation of Liability

Under no circumstances (including but not limited to any act or omission on our part) will we be liable or responsible for any injury, loss, claim, damage, or any direct, indirect, incidental, special or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of or inability to use our Website or any of its content. This includes any information, goods, products or services purchased or obtained through  our Website, whether in an action under contract, negligence, or any other theory, even if our Website has been advised of the possibility of such damages. Whilst we endevour to take reasonable steps to ensure the reliability and security of our Website, we cannot be held responsible for the security of our Website; for any damage, loss of, or corruption of any data, information or material or viruses that may infect your computer equipment or other property; or breach of security by hackers as a result of your use of our Website.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your (i) use of our Website or (ii) violation of any of these Terms.

If we suffer any loss or damage or incur any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to reimburse us for those losses, damages and costs. Any breaches of the Terms of Use by you may result in legal action by us against you.

Links To Third Party Websites

Our Website may include links to other websites’ content (“linked sites”) which is subject to that other websites’ Terms of Use.

We do not operate or control any information, products, or services on the linked sites, are not responsible for the contents of any linked website or any hyperlink contained in a linked website, and do not endorse or approve any products or information offered at linked sites. We provide these hyperlinks to you for convenience and/or entertainment only.

You acknowledge and agree that your access or use of any linked site is entirely at your own risk.

Termination

The Terms of Use, as may be amended, are effective unless and until terminated by us.

We may terminate the Terms of Use and your access to our Website at any time without notice. If we consider that you have breached any of these terms and conditions or have otherwise demonstrated inappropriate conduct when using our Website we reserve the right to warn you via e-mail that you have breached these terms, and ask you to stop such conduct; delete or edit any material or content which you may have posted without notice to you; discontinue your membership to our Website and/or any other related subscriptions to additional services offered through our Website; and take measures (including terminating, suspending or restricting your access) to prevent you from using our Website.

In the event of termination, you are no longer authorised to access our Website but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive.

Applicable Law

Our Website is hosted on servers located in Australia, and is maintained by us from our base in South Australia.

These Terms are governed by and shall be construed in accordance with the laws of the state of South Australia without giving effect to any principles of conflicts of law. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia.

If any provision of the Terms of Use is found to be invalid, void, or for any reason unenforceable by a court of law, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which will continue in full force and effect.

The use of our Website and its elements is intended to take place in South Australia, Australia. Use in other locations is undertaken at your own risk. You are responsible for complying with the laws of the jurisdiction from which you are accessing our Website and you agree that you will not access or use the information on our Website in violation of those laws. Any information submitted by you through our Website is deemed non-confidential and non-proprietary.

You represent that you have the lawful right to submit that information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you do not submit information you consider confidential.

All rights not expressly granted herein are reserved.

Submitting Content

If you submit a comment on any part of our Website, post material, post links, or otherwise make (or allow any third party to make) material available by means of our Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, e-mail lists, other blogs and web sites, and similar unsolicited promotional methods;
  • the Content is not named in a manner that misleads our readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.

By submitting Content to us for inclusion on our Website, you grant us and our affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion.

Privacy

It is our policy to respect the privacy of individuals who visit our Website or provide comments to us. Our privacy policy, which you may view below, is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy below.

Privacy Policy

We take your privacy seriously.  To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. We will collect and use information through our Website only in the ways disclosed in this statement.

This statement applies solely to information collected at our Website.

Information provided by you to our Website may be shared with our affiliated companies. However, except in the limited circumstances set out below, none of these companies will provide information about you to third parties without your express permission.

Neither personal information nor aggregate information (as described below) collected by means of our Website will be shared with third parties unless it is required by law or unless we believe in good-faith that it is required in order to conform with law or to cooperate with law enforcement or other government agencies, or comply with a court order.

Please note that we may be required to make copies of or store records (which may include personal information) in order to comply with our record-keeping obligations under Australian laws.

Information Collection

We collect information through our Website at several points. We may also collect personally identifiable information which our users divulge about other people, such as referrals. Our Website is not designed for minors under the age of 18. We do not intentionally gather personal information about visitors who are under the age of 18.

The primary purpose for our collection of personal information from you by means of our Website is in order for us to be able to reply to any queries/comments and or provide you with information. We may also send you site and service announcement updates.

Unless we specifically request it, you should not send confidential or proprietary information through our Website.

There are two kinds of information that Websites can obtain about you:

Personal Information: Personal information (sometimes referred to as “personally identifiable information”) is any information that personally identifies you. We collect personal information that you submit to us voluntarily through our Website. The types of personal information we collect include:

  • For getting a quote: In order to receive a quote from us, we may collect your name, phone number, e-mail address, mailing address, your web address, and other relevant information about your business.
  • For employment applications: If you apply for an employment opportunity via e-mail or in any other manner, we will collect your e-mail address and any information contained in the e-mail (or other material) you send us.
  • For general information: If you contact us via e-mail or through our contact forms to get general information, we will collect your e-mail address and any information contained in the e-mail or contact form you send us.
  • For technical support: If you contact us via e-mail or through our contact forms to get technical support, we will collect your e-mail address and any information contained in the e-mail or contact form you send us.
  • For feedback: If you contact us via e-mail or through our contact forms to provide us with feedback about our Website or our services, we will collect your e-mail address and any information contained in the e-mail or contact form you send us.
  • For newsletter subscriptions: If you subscribe to any of our newsletters, we will collect your e-mail address.
  • For blog participation: If you submit a comment on our blog, we will collect your name, e-mail address, website URL (if supplied), and any information contained in the comment you submitted.

Aggregate Information: Aggregate Information is anonymous data that websites use to analyse trends, administer the website, diagnose problems on the sites’ servers, track users movements, gather broad demographic information for aggregate use and to help improve the quality of the website pages. As you navigate our Website, certain passive information may also be collected, including your Internet Protocol address, browser type, and operating system. These are automatically transmitted to our Website webserver as an integral part of the operation of the Internet.  Like other major websites, we may use cookie technology to provide us with information concerning your navigation to various areas on our Website and to help us analyse the traffic on our Website. We may use cookies to record session information. No individual information will be provided to any third-party without your consent. We do not use cookies to read any information on your computer. Most browsers are initially set to accept cookies but can be configured to refuse cookies or warn you before a cookie is placed on your computer. Please consult the documentation for your particular browser for details. All such aggregate information is collected to make our solutions and services more useful to you, and to analyse the data for trends and statistics for the purpose of improving our Website and the services we provide. Such data is collected automatically, but contains no personal data that can be used to clearly identify our visitors.

You expressly consent to the processing of your personal information according to this privacy policy. Personal information may be processed by us in the country where it was collected as well as other countries where laws regarding processing of personal information may be less stringent.

Use of Information

The information collected by us will be used for the purposes of providing you with the products, services or information you require. The non-personal data logged from your visit will be used to understand our visitors’ requirements better and to improve our Website. All cookies issued by our Website are done so only with the intention to improve your browsing experience.

The information we collect may be used to create customer profiles based on browsing or purchasing history.  We may supplement information collected at our Website with data from other sources where required.

We do not share any of the information collected on our Website with any third parties unless required to conduct electronic purchases.

In general, personal information you submit to us is used either to set up solutions or purchase website and graphic design services, respond to requests that you make, to process transactions, to facilitate your request for a quote from a third party service provider or to aid us in serving you better.

After submitting information via our e-mail or contact forms, we may contact you from time to time with details of special offers, promotions, competitions, and information about our products and services. Should you decide to stop receiving further communications or newsletters from us, you will have the opportunity to opt-out by following the unsubscribe instructions provided in the e-mail. If at any time you wish to subscribe to any communications from us, you may do so by contacting us.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Disclosure of Personal Information

Except as otherwise stated in this privacy policy, we do not generally trade, rent, or share your personal information with third parties, we will not disclose any information that you ask us to keep confidential, and we will not disclose financial information unless you ask us to do so. In order to build the solutions for you, we may engage third parties to assist us, and, in connection with such assistance, we may provide them with personal information that you have provided and that is necessary for them to assist us.

To drive traffic to your website and to make your website easier to find, we may disclose keywords about your business, your business name, general and specific description about your business, information about your location, and information about your products and services to third-party services and to the general public.

We also use third parties to maintain and store your personal information and to process any payment you make to us. Generally, these third parties are required not to use your personal information other than to provide the services requested by us.

If our company or our assets are acquired by another company, that company will possess the personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this privacy policy.

We may disclose your personal information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property or the users of our Website or our customers’ websites.

Access to Information

You can request, at any time, access to the personal information we hold about you.  You can contact us requesting access to your personal information. You are entitled to be told by us, as the data controller, whether we or someone else on your behalf is processing your personal information; what personal information we hold; details of the purposes for the processing; and details of any third party to whom your personal information has been disclosed.

Upon request, we offer visitors the ability to have inaccuracies corrected in contact information. You can have this information corrected by contacting us.

Data Storage and Security

Our Website information is hosted and secured by the systems in place at Crikey Hosting.

We use reasonable measures to maintain the security of your personal information. Even so, technical mistakes are possible. No company, including ours, can fully eliminate security risks associated with personal information.

We strive to maintain appropriate security measures in our respective physical facilities to protect against the loss, misuse or alteration of information that we have collected from you. However, due to the nature of the internet, we can’t guarantee the protection of your personal information and we can’t be responsible for any outcomes resulting from a breach of security when our Website is used.

Links

Our Website contains links to other sites, hosted by unrelated companies. Our provision of a link to any other website or location is for your convenience and/or entertainment and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our privacy policy do not apply to these outside websites. When you leave our Website by means of a link to another website, read the privacy policies of each and every website that collects personally identifiable information.

Notification of Changes

We advise you check our privacy policy on a regular basis as it is subject to change without notification. Any changes to our privacy policy will not be effective retrospectively. If you object to any such changes, you must cease using our Website. Continued use of our Website following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. We will use information in accordance with the privacy policy under which the information was collected.

How To Contact Us

Should you have other questions or concerns about this privacy policy, please contact us.

Additional Privacy Information

If you are interested in obtaining additional information about privacy, you can visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au