Terms and Conditions.
Acceptance of Terms: Your purchase of Canvasfineprint products or services is subject to certain Terms and Conditions. When you create and order a canvas from Canvasfineprint, you acknowledge that you have read these terms in detail and agree to be binded by the terms documented here:
Images and Content: For the content you provided to be printed on the canvas, you must agree that:
- No Canvasfineprint employee, employer, designer or any authorized representative is responsible for monitoring the content that you have uploaded. Neither on the website, nor after purchase or during the production process.
- Once you have made a purchase, you agree that the content you have uploaded will not be checked for errors in spellings or grammar. No change or improvement will be done to colour combinations, aesthetics or any other factors.
- The content/images that you have provided do not contain anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, or ethnically or otherwise objectionable.
Legality of Content: You agree that all products produced and sold by Canvasfineprint are for novelty purposes only. Canvasfineprint does not make any claims about the legal compliance or registration issues. By making a purchase on our web site, you agree to check with any applicable legal authority for the standards, rules and regulations if applicable to the use of your provided content.
Uploaded Images: Our designers on your request can provide you with a rough estimate about the visibility and quality of the image and let you know if the image you want to upload is of a reasonable quality. Canvasfineprint does not take any responsibility for ensuring the quality of image that you have provided.
Material for Printing: When making a purchase, you agree that you have read our website and researched independently and know about the material on which the printing is done. You agree that Canvasfineprint will not be responsible if the materials thought by the purchaser was something other than advertised on the Web Site.
Order: You agree that Canvasfineprint will take at least 1-3 weeks as production time, starting from the time the order has been made. Moreover, you agree that shipping time will also depend on your response time to our inquiries regarding your order.
Changes to Your Order: You agree that you have reviewed and revised the order process before actually placing your order and that no further additions, corrections or changes need to be made. Canvasfineprint is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed.
Colors in the Final Print: You agree that Canvasfineprint does not guarantee that the final colours of your purchased canvas will be exactly the same as were shown on your screen. Canvasfineprint works hard to make the colours on the print to be as close as possible to the colours shown on the screen but does not guarantee a 100% match. All screen settings are often different and the colours displayed on your screen may be different to that of the final printed product.
Return and Refund: Canvasfineprint will refund, in the form of credit to buy another product/replacement, if the product fails or breaks due to a manufacturing defect during the first month of delivery. If damage is while in transit it is your responsibility to lodge a claim directly with the courier.
You agree that in such circumstances you will be required to take a photograph of the broken product and send it to firstname.lastname@example.org . Upon receipt of the product or the photograph, Canvasfineprint will send a replacement of the product or will issue a credit to your account.
You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of Canvasfineprint.
If you are not satisfied in any way with your order, you agree to contact us first at email@example.com so we can identify the cause of the problem and resolve it for you.
If you change your mind and would like to return the item, be aware we charge 30% restocking fee and postage is forfeight. You have to return the item in it's original packaging, undamaged and in resellable condition. Return postage is your responsibility and items have to be returned via a traceable + signature on delivery method. We do not take responsibility for lost items in the mail.
Please contact us first there are many 3rd parties responsible for handling your order, not just us; and orders do get tampered with while in transit, so even though the problem may seem obvious at first, you should always clarify with us first; we only sell goods that we know work as advertised, and even if we are not at fault (e.g postal damage) we will always try to help customers to rectify any problems within fair and reasonable limits and we will provide refunds or replacements if appropriate. The benefits of buying items online comes with an element of risk which online sellers cannot control.
To help keep on line a Fair trading platform for both Buyers and Sellers.
We DO NOT act illegally or in any way outside the Australian / Federal Government's ACCC (Australian Competition & Consumer Commission) guidelines.
Disclaimer: Unless otherwise stated or deemed mandatory by law, information contained on or made available through this listing is not intended to and does not constitute legal advice, recommendations, mediation or counselling under any circumstance, and we do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this listing; and your use of information on this listing or materials linked to the site is entirely at your own risk; and all information is provided by us on an "AS IS" basis only; and we provide no representations and warranties, expressed or implied, including the implied warranties of fitness for a particular purpose, merchantability and non-infringement; and you must not purchase and or use any item or service we provide for any situation where the failure of this item to operate as expected may result in losses or damages of any significance that may require compensation, including remorse. We are not there to supervise its usage; you are solely responsible for the use of any item or service we provide. Devices can fail to operate as expected at any time throughout its lifespan from the moment it is dispatched from us to a hundred years or more into the future. We cannot predict when it will fail due to the complex interactions that the device is exposed to constantly. If the device fails to perform as expected, you agree to stop using it immediately if it is safe to do so. If it fails to perform as expected during the warranty period, you agree not to spend any significant resources attempting to repair or supplement it, unless you are willing to sponsor such resources, including but not limited to financial resources and time.The terms "us", "our" or "we" used in the listing refer to the owner(s) and staff member(s) and applicable entities trading under the business name of Marek Roszczewski This listing contains registered copyrighted text, images, trademarks and or registered trademarks of Marek Roszczewski and their original creators. Please do not use any of the text, logos, trademarks or images unless you have our, or their written permission.
Site Terms and Conditions of Use
1. User™s Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on this site including, but not limited to, information about our business and services, from time to time we will offer products and services for sale, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content ” including text, communications, software, images, sounds, data, or other information ” that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another™s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as spamming), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else™s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
5. Intellectual Property Information
All our work and collection additionally to standard IP, is prohibited to be use commercially or privately to, create art, advertising, media or incorporate any were partially, in full or modifiyed without our consent.
Copyright (c) Our Business All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See User™s Materials below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
6. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
6. Include the following statement: I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Sign the paper.
8. Send the written communication (scan and email or post) using the following contact details:
Designated Agent for Claimed Infringement:
Contact: Canvas Fine Print , Marek Roszczewski
Address: P.O. BOX 760 CROYDON, VICTORIA 3136 , AUSTRALIA
Email Address: firstname.lastname@example.org
Phone: 0431 150 488
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act and to any LAW enforcement.t.
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided AS IS and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney™s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
11. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
12. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, Communications) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as spam) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
Any emails not related to our products and services (eg. spam, advertising and any other unwanted communication through email, telephone or web contact form) will incur administration fee of 65.00 payable within 14 days of the date of invoice. Unpaid invoices may be subject to recovery cost, interest charges and any additional legal representation, employed by us/me.
13. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
14. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within VICTORIA, Australia. It can be accessed from all states, as well as from other countries around the world. As each of these places has laws that may differ from those of Australia, by accessing this site both of us agree that the statutes and laws of the State of VICTORIA, Australia, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of VICTORIA with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service using the details found on the Contact Us page. We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
17. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
19. Contact Information
Terms and Conditions of Sale
1. Sale and Purchase of Goods
Our Business (Seller) hereby agrees to sell, and You (Buyer) hereby agree to purchase, goods of the description and quantity described on the checkout window (Checkout) and incorporated herein by this reference (Goods) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of 1.83% per month ( (22%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller™s costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller™s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller™s standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
Goods purchased from this website shall be free from defects for a period of time, please contact us to find out more detail about our warranties and the period of validity for the specific product you are buying.
The warranties provided for herein shall be governed by Seller™s warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE SELLER AFFILIATES) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER™S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller™s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
Our Business (We or Us or Our) offers the use of its blogging and message board services (along with the content posted thereon, the Services) subject to the terms and conditions of use (the Terms) contained herein. All references herein to We, Us, or Our are intended to include Our Business and any other affiliated companies. By accessing, creating or contributing to any blogs or messages hosted by us (the Blog), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.
1. Disclaimer of Company Responsibility for Blog Content
You understand that all content posted to the Blog (the Content) is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 (minor children) through the Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.
6. Unauthorized Use of Materials
7. Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
8. Disclaimer of Warranties
9. Limitation of Liability
10. Acceptance and Acknowledgement of Terms
This Canvas Fine Print (Website) is operated by Marek Roszczewski and this policy applies to all websites owned, operated, controlled and otherwise made available by Company, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites). Our office address is:
P.O. BOX 760
CROYDON 3136, VICTORIA
We may be reached via email at email@example.com or via phone at 0431 150 488.
Like many websites, we gather information about how visitors use this Website. We also gather information about you from services other than a website including, but not limited to, the telephone, internet, mail and trade shows. In general, you can visit many of the web pages on this Website without telling us who you are or revealing any personal information about yourself. We, however, may track your Internet Protocol (IP) address and other anonymous information from your web browser for trends and statistics (including, but not limited to, browser version, pages requested and pages visited), but you will remain anonymous unless you provide us with personal information during your visit to this Website or during an earlier or subsequent visit and we are able to link your IP address between your current visit and one of these other visits.
In addition to anonymous information, we also collect personal information from you at this Website when you voluntarily submit it to us. We request personal information from you (which may include your name, address, telephone number, email address, gender, year of birth, and when necessary, credit card information) when you:
- Complete a service request or registration, survey, application or other form;
- Purchase a product or service from us or from one of our vendors, suppliers or other agents;
- Sign-up to receive email newsletters or other correspondence;
- Submit materials to this Website;
- Submit a comment to this Website;
- Participate in a promotion, contest, sweepstakes or similar promotional activity;
- Request a catalog or other materials from us; and/or
- Request e-mail, fax, mail or telephone support or services.
We also collect information about your activities on and through this Website from our third party business partners, suppliers, vendors and other agents.
You may choose not to provide us with any personal information. In such event, you can still access and use many portions of this Website; however, you will not be able to access and use those portions of this Website or the services available on or through this Website that require your personal information.
We may use the information we collect to:
- Customize and/or personalize your communications, surfing, viewing, shopping and/or website experience;
- Better respond to your customer service inquiries;
- Communicate with you about your purchase, account information, or customer service needs;
- Communicate with you about our products and events, and for other promotional purposes;
- Improve our business;
- Administer contests, promotions, surveys or other website features;
- Provide technical support to you; and
- Perform any other lawful acts except for those acts expressly prohibited by the terms and conditions set forth herein.
Except as expressly set forth herein, we do not loan, give away, sell, distribute or rent your personal information to any third party.
We will disclose your personal information to third parties if you have previously consented to such disclosures and in special circumstances, including, but not limited to, the sale of the Company or any portion thereof; during the due diligence in connection with a potential sale of the Company or any portion thereof; during any bankruptcy, insolvency or liquidation of the Company; or in other similar circumstances.
For the purpose of operating our business and providing you with certain services and products and to process your purchases, shipments and payments, we may disclose your personal information to one or more of our business partners, distributors, suppliers, affiliates, service providers or other third parties who are assisting the Company in performing such services. Without limiting the foregoing, these third parties may provide the Company with payment processing, shipping, data management, email distribution, live text chat, email response, market research, information analysis, and promotions management services. We provide such parties with the personal information they need to perform their respective services and we use commercially reasonable efforts to require them to safeguard your personal information and limit their use of it.
We may also provide aggregated, non-personally identifiable information to third parties for any legal purposes whatsoever.
Protecting Your Information
We use commercially reasonable efforts to safeguard and secure your personal information while stored on our computer systems. We use a variety of industry standard security measures, including encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind industry standard firewalls and is only accessible by a limited number of persons who are authorized to access such systems, and are required to keep the information confidential. Regardless of these efforts by us, no system connected to the internet can be guaranteed to be 100% secure.
We use commercially reasonable effort to safeguard and secure the transmission of your personal information from your computer to our computers. Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure.
Cookies and Pixel Tags
- Remember the items you purchased;
- Recognize you when you return to this Website;
- Enable you to use our one-click checkout;
- Present relevant content to you when you visit this Website;
- Analyze visitor behavior; and
- Facilitate other similar types of activities.
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your web browser settings. If you turn cookies off, you won™t have access to many features that make your visit to this Website more efficient and enjoyable, and in some cases, some of our services will not function or will function with limited capability.
We also may use pixel tags “ tiny graphic images “ to help us analyze your online behavior and information about visitors to this Website and our customers. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us.
Refer a Friend
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend™s name and email address. The Company collects the email address of your friend for the purpose of automatically sending the friend an email inviting them to visit the site.
Children™s Online Privacy
We do not knowingly collect personal information from children under the age of 13. This Website is not intended to solicit information of any kind from children under the age of 13, and we have made commercially reasonable efforts to design this Website to prevent our knowing acceptance of any such information.
It is possible that by fraud, deception or error, we may receive information pertaining to children under the age of 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of personal information belonging to a child under the age of 13, please do so by contacting us using the contact details or contact form on the Contact Us page of this Website.
Email Marketing Practices
We use commercial reasonable efforts to comply with applicable e-mail regulations.
Chat Rooms and Forums
This Website may now or in the future include web logs (i.e., blogs), chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive, among other things, unsolicited emails or spam from others. The Company cannot safeguard the privacy of personal information that is disclosed online in this manner.
Unsubscribing, Removing or Modifying Your Information
We want to communicate with you only if you want to hear from us.
To modify or delete any or all of the personal information you have provided to us, please login and update your profile.
You may unsubscribe from receiving emails from us at any time by using the link included at the bottom of each email communication. You may also unsubscribe by sending us an email by using the contact form on the Contact Us page.
In some limited circumstances, such as to resolve disputes, troubleshoot problems and enforce our Website Terms and Conditions of Use Agreement, we may retain in our files information you have requested to remove. Further, your personal information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests.
We reserve the right to send you certain communications related to this Website that are considered part of your account, such as technical alerts, without offering you the opportunity to opt out of receiving them.
Phishing is the illegal attempt to mislead people into providing personal or financial information, including credit card numbers, login IDs, passwords and Social Security numbers, via email or through fraudulent websites. The most frequent phishing attacks occur through email disguised to appear as though it came from a reputable company. Most phishing attempts urge you to update or validate your account information, typically through a link in an email directing you to a fake website that appears to be legitimate.
Do not provide your personal or financial information in response to an email request or after clicking on a link from an email. The Company does not ask for this type of information through an email communication.
To help protect your computer and personal information, make sure you have current anti-virus and firewall software installed on your computer and update such software on a regular basis. Also, please review your credit card statements carefully and verify that all transactions are authorized and report any discrepancies immediately to your credit card company.
Some sections of this Website may require you to set up a user ID and password. We recommend that you do not divulge your password to anyone. The Company will never ask you for your password in an unsolicited telephone call or email. If you suspect you have received a fraudulent email from the Company or any of its affiliates, please contact us immediately by using the contact form and or email on the Contact Us page of this Website.
Terms and Conditions of Use
The Company has a Terms and Conditions of Use that sets forth the terms and conditions under which we provide products, services and information to you from this Website. Please review the terms and conditions governing your use of, and access to, this Website. It is your responsibility to read, understand and comply with the terms and conditions set forth therein.
Questions and Feedback