TERMS & CONDITIONS

1. User Agreement

Please read this agreement carefully before accessing or using the information and services available through www.d-ra.agency (“Website”). By accessing or using the Website, you agree to be bound by the terms and conditions (“Agreement”) and our Privacy Policy. D-RA Creative Agency (ABN 59 631 872 736) may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified agreement on the Website.

This Agreement is between you and D-RA Creative Agency (ABN 59 631 872 736) (referred to in this Agreement as “we”, “us” or “our”).

2. Definitions

(a) “Website Service” means all services provided by D-RA Creative Agency (ABN 59 631 872 736) via the Website including information services, content and transaction capabilities on the Website.

3. Registration and User Requirements

(a) In order to access the features of the Website, you must register. The registration process requires you to provide us with personal information including:

• (a) your name;
• (b) your address; and
• (c) valid email address.
• To ensure the provision of the Website Service, you must ensure this information is accurate and current.

(b) By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide. You may unsubscribe from these direct communications at any time. By using elements of the Website, you give implied consent to receive certain communications.

(c) You may opt-out of the Website and Website Service at any time.

(d) To register an account and use the Website you must:

• (a) be at least 18 years old; and
• (b) have capacity to enter into a legally binding agreement.

4. Access and use of the Website

(a) You must only use the Website in accordance with these terms and any applicable law.

(b) You must not (or attempt to):

• (a) interfere or disrupt the Website;
• (b) use data gathering or extraction tools on the Website;
• (c) interfere with security-related or other features of the Website; or
• (d) use, copy or distribute the Website or any material on the Website without our express permission.

(c) We may refer any fraudulent or abusive or illegal activity to the relevant authorities.

(d) You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. D-RA Creative Agency (ABN 59 631 872 736) is not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

(e) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must take immediate steps to re-secure your account (including by changing your password).

(f) You must not use another member’s account without our, and/or the other user’s, express permission.

5. No guarantees as to the Website availability

(a) D-RA Creative Agency (ABN 59 631 872 736) does not warrant that the Website will be available at all times and without disruption.

(b) D-RA Creative Agency (ABN 59 631 872 736) does not give any warranties in relation to the content of any other website linked to or from our Website.

(c) D-RA Creative Agency (ABN 59 631 872 736) provides no warranty to you that the services generally available through its Website will be uninterrupted or error-free or that defects in the service will be corrected.

(d) You also understand that D-RA Creative Agency (ABN 59 631 872 736) cannot and does not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

6. Information on this Website

(a) Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

(b) You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose.

(c) You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use this Website for any purpose that is unlawful or prohibited by these terms and conditions.

(d) You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with Our prior written consent.

7. Purchases

(a) The Website will sell graphic design services and related services.

(b) You may purchase our products or services through the Website. Once you place an order, you will receive an order confirmation.

(c) In Australia, our goods and services comes with guarantees that cannot be excluded under the Australian Consumer Law.

(d) All warranties which are not guaranteed by Australian Consumer Law or the Competition and Consumer legislation are expressly excluded where permitted, including liability for incidental or consequent damages caused by breach of any express or implied warranty or condition.

8. Disclaimer and Liability

(a) D-RA Creative Agency (ABN 59 631 872 736) excludes all liability to you or any third party for loss or damage of any kind or nature relating in any way to the Website to the maximum extent permitted by law. This limitation includes, but is not limited to, any loss or damage you might suffer as a result of:

• (a) errors, mistakes or inaccuracies on the Website;
• (b) your action or inaction in relation to any information contained on or referred to on the Website and/or any linked website;
• (c) personal injury or property damage of any nature resulting from your access to or use of the Website;
• (d) any unauthorised access to or use of our secure servers, including any personal or financial information stored on those servers;
• (e) any interruption or cessation of transmission to or from the Website;
• (f) any bugs, harmful code or communications which may be transmitted to or through our Website by any third party.

(b) Where any law provides a guarantee which may not be lawfully excluded, the liability of D-RA Creative Agency (ABN 59 631 872 736) will be limited to that provided by law.

(c) In no event shall D-RA Creative Agency (ABN 59 631 872 736), its affiliates, related entities or suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence), except as required by law. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

9. Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

10. Price and Payment

The price of our products and services and other charges shown on the Website are in Australian dollars and are current at the time of display, but may be subject to change.

11. Intellectual Property

(a) D-RA Creative Agency (ABN 59 631 872 736) owns all intellectual property rights, including but not limited to, copyright in material and/or Website Services provided by D-RA Creative Agency (ABN 59 631 872 736). You must not use our marketing material, business names, trademarks, logos, domain names or other distinctive brand features without our express written consent.

(b) Copyright in the material and trademarks on this Website are owned by D-RA Creative Agency (ABN 59 631 872 736). You must not infringe on any intellectual property rights owned by D-RA Creative Agency (ABN 59 631 872 736).

(c) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

(d) You may not:

• (a) modify or copy the layout or appearance of the Website nor any code contained in the Website; nor
• (b) attempt to discover or access any source code related to the Website.

12. Information does not represent professional advice

(a) You acknowledge and agree that information published by D-RA Creative Agency (ABN 59 631 872 736) is intended to provide general information in summary form on legal and other issues.

(b) It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Website.

(c) In no event will D-RA Creative Agency (ABN 59 631 872 736) be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any information contained on or omitted from the Website.

13. Transfer and Assignment

D-RA Creative Agency (ABN 59 631 872 736) may assign or novate the rights under this Agreement to its subsidiary or business successors without your consent.

14. Privacy and Personal information

While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party.

If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

15. General

(a) D-RA Creative Agency (ABN 59 631 872 736) will not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond its reasonable control.

(b) This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

(c) If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

(d) Any election for D-RA Creative Agency (ABN 59 631 872 736) not to exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by D-RA Creative Agency (ABN 59 631 872 736).

(e) We may change these terms at any time, and changes will be posted on the Website.

(f) You agree to be bound by any changes by your continued use of the Website.

(g) Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement.