Terms & Conditions
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Phirebird provides an easy Ordering Sprocess that allows our Team to communicate with you all the way, there is no guessing because you will be informed upon each order the process for each Product.
General Website Terms and Conditions:
CROWNEMPIRE PTY LTD: Services to Consumers, Payment Online, Branding Rights
Trading Terms and Conditions of CROWNEMPIRE PTY LTD. These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them. No person under the age of 18 years may purchase services. If you are under 18, please ask an adult for help with your purchase.
We are: PHIREBIRD®
Our address is: PO BOX 1240 BC, Browns Plains, QLD, 4118, Australia.
You are a visitor to a website owned by us and/or a customer of Phirebird.
Contents
1 Definitions
2 Our contract with you
3 Your account with us
4 Price, payment and service provision
5 Job Approvals
6 Acceptance of Terms
7 Purchases through this website
8 Payment Terms
9 Cancellation of order
10 Foreign taxes, duties and import restrictions
11 Dissatisfaction with the Services
12 Disclaimers
13 Your Material
14 System Security
15 Acceptable use Policy
16 Confidential Information and Intellectual Property Rights
17 CUSTOM BRANDING – Intellectual Property Rights, Warranties, Design Responsibilities
18 Sharing of your personal information
19 Your email address
20 Indemnity
21 Miscellaneous provisionså
22 Governing Law
23 Severance
24 Assignment
25 Entire Agreement
Definitions
In this agreement unless the contrary intention appears:
(a) “Agreement” means this contract as agreed to and executed by the parties;
(b) “the Design” includes but is not limited to graphics, images, designs, artwork, illustrations and digital files.
(c) “the Client” means ‘you’ the client requesting the Creative services of PHIREBIRD®
(d) “PHIREBIRD”® means CROWNEMPIRE PTY LTD (ABN 17160837945)
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 In any event to you as a buyer or prospective buyer of our Services.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our refund will cover the period of unavailability and not any period for which Services have been available.
2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log into your account and change your password.
4 Price, payment and service provision
4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
4.2 You agree to pay the monthly charge for the Services, from the PayPal account or credit card, information for which you have or will have supplied to us. You authorize us to arrange withdrawal of funds on this card each month without further reference to you.
4.3 Payments are billed in advance on the same day as your initial order each month.
4.4 Our Services may be provided by email / made available for you to download / in the way we have explained in our Website.
4.5 If we are not able to provide your Services within days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
4.6 Once Service provision has started, you may cancel the Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.
4.7 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website.
4.8 If we change the nature or provision of the Services, you may terminate this contract.
4.9 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
4.10 You may not share or allow others to use the Services in your name.
4.11 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
5 Job Approvals
5.1 PHIREBIRD® requires final approval for every Official Order by the client. Our Staff makes every effort to ensure the accuracy of your final visual but errors can occur without notice. If Errors are discovered please contact your consultant ASAP and arrange the amendments to be updated. Do Not Approve if details are incorrect. No future changes will be authorised once your order has been approved and production has commenced.
5.2 If Specific Colours are essential for your job please quote the PMS Colour required and all due care will be taken to ensure an accurate colour match.
6 Acceptance of Terms
The services that PHIREBIRD® provides to the Client are subject to these Terms and Conditions. By paying the invoice, you agree and accept that this agreement signifies that the Client & PHIREBIRD® agree to and are bound by these Terms and Conditions set forth in this document.
7 Purchases through this website
For access to our design services & for our customer support you are required to submit personally identifiable information. This may include but not limited to a unique username and password, address and phone number. We do not store any of your payment processing details when you make a purchase on this site. All secure payments are processed via Paypal. Paypal is a trusted & secure payment gateway.
8 Payment Terms
100% Payable prior to commencement. Design work will only commence after payment is received. You pay at the checkout when purchasing a design on this website.
Termination In the event that work is postponed or terminated at the request by you, PHIREBIRD® will retain the development designs for up to 1 year, ready for when you decide to proceed again. If the design order is terminated during the design process, the Client agrees to pay PHIREBIRD® for the work created up to the date of termination. This amount will be negotiated between both parties.
9 Cancellation of order
9.1 For all online and branding services we do not offer refunds under any circumstances.
9.2 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.
9.3 If you Cancel your Order before your Garments/Products have been decorated you will be charged a Cancellation
Fee & all expenses involved to that point. Orders cannot be cancelled once decoration has begun and job will be invoiced as per agreed.
10 Foreign taxes, duties and import restrictions
10.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
10.2 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
11 Dissatisfaction with the Services
11.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:
11.2 exactly why you think we have failed;
11.3 the date, if relevant, of the failure;
11.4 when and how you discovered the failure;
11.5 the result of the failure;
11.6 your suggestion as to action we should take to resolve the situation and restore your faith in us.
11.7 To do this, it is essential that you contact us by email at the Contact Point on Our Website.
12 Disclaimers
12.1.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
12.1..2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring to our immediate attention, any that you find.
12.1.3 We give no warranty and make no representation, express or implied, as to:
12.1.4 the adequacy or appropriateness of the Services for your purpose;
12.1.5 the truth of any Content on Our Website published by someone other than us;
12.1.6 any implied warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
12.1.7 compatibility of Our Website with your equipment, software or telecommunications connection.
12.1.8 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
12.1.9 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
12.2.1 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
12.2.2 The above two sub paragraphs do not apply to a claim for personal injury.
13 Your Material
13.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
13.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a nonexclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
13.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
13.4 You represent and warrant that:
13.5 you own the rights to all of the Material that you post;
13.6 any fact stated in your Material is accurate;
14 System Security
14.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
14.2 You may not use any software tool for the purpose of extracting data from our website.
14.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
15 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
15.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
15.1.1 copyright works;
15.1.2 commercial audio, video or music files;
15.1.3 any Material which violates the law of any established jurisdiction;
15.1.4 unlicensed software;
15.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
15.1.6 links to any of the material specified in this paragraph;
15.1.7 pornographic Material;
15.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
15.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
15.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
15.2.2 The sending of junk mail;
15.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
15.2.4 Excessive and repeated posting off-topic messages to newsgroups;
15.2.5 Excessive and repeated cross-posting;
15.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
15.2.7 The emailing of age inappropriate communications or content to anyone under the age of
16 Confidential Information and Intellectual Property Rights
16.1 You agree to keep safe the confidential Information and not to disclose or make available for disclosure to any person, any part of it.
16.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
16.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
16.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
16.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
16.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
17 CUSTOM BRANDING– Intellectual Property Rights, Warranties, Warranty Exclusions, Design Responsibilities.
17.1 Intellectual Property Rights
PHIREBIRD® automatically transfers the ownership of all original design (and all Intellectual Property such as the Design) created by PHIREBIRD®, in any media, including digital files, whether preliminary or final as briefed by the Client at the time of the invoiced work is paid in full by the Client. All content provided to the Client such as text, graphics, logos, images, digital downloads and data compilations is the property of the Client and is protected by the Australian Copyright Act (Cth) 1968 and international copyright laws.
17.2 Warranties
PHIREBIRD® warrants that it reasonably believes it will not infringe or misappropriate third party intellectual property rights in this jurisdiction or internationally when creating the Design for the Client. It is the Client’s responsibility to brief PHIREBIRD® in a reasonable manner that does not breach international intellectual property right laws.
17.3 Warranty Exclusions
PHIREBIRD® will not be liable for infringements of patents, trademarks, copyrights, other proprietary and/or intellectual rights arising out of misrepresentation or negligence or any use of the Design by the Client.
PHIREBIRD® will not be liable for any business or legal decisions, actions or omissions taken by the Client based on the choice of the Design(s) and no representations made by PHIREBIRD® about the market appeal or sale-ability of any products on which the Client may reproduce the Design.
17.4
PHIREBIRD® Design Responsibility
PHIREBIRD® the Designers will use all reasonable efforts in the professional development of the Website design and endeavor to complete and deliver to the Client within the time frame as arranged with the Client. Revisions to Artwork Brief: After this agreement is accepted, any changes to the original brief will become an addendum to this agreement. Changes or edits outside the scope of the project are charged separately and will need to be quoted. Any material changes to the proposed design will require a change order which will become an addendum to this agreement. No work will be undertaken unless or until there is a negotiated change order that specifies the scope of work as to each individual item – or items.
18 Sharing of your personal information
Your personal information that we collect as a result of you purchasing our products & services, will NOT be shared with any third party, nor will it be used for unsolicited email marketing or spam. We may send you occasional marketing material in relation to our design services.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
19 Your email address
19.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
19.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
19.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
20 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
21 Miscellaneous provisions
21.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
21.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
21.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
21.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as sever-able and shall not in any way affect any other of these terms.
21.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
21.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
21.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
21.8 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
22 Governing Law
This Assignment shall be governed by the laws of the State of Queensland, Australia, and the parties submit to the jurisdiction of the Courts and the Tribunals of that State within Australia.
23 Severance
If any provision of this Agreement shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and this Agreement shall be construed so as to most nearly give effect to the parties’ intention when it was originally executed.
24 Assignment
This Agreement shall be binding upon and endure for the benefit of the successors in title of the parties but shall not be assignable by any party without the prior written consent of the other.
25 Entire Agreement
This Agreement sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangement (oral or written) in respect of the subject matter of this Agreement.
By using our website to make a purchase you agree to have read and understood
PHIREBIRD® terms and conditions, and you agree that they form part of the contract between us. If you are under the age of 18 years, you confirm that you have brought the terms and a condition to the notice of your parent or guardian, and that person has agreed that you may buy our Services.