Legal

The web site owner warrants that all personal information submitted by visitors to the web site will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances.

Restrictions on use of content and intellectual property the web site

All materials, text, graphics, information, software and advertisements on the web site is Copyright © WAAM, the authors and managers and partners and/or licensors unless expressly indicated otherwise on the web site. The content is protected by International and Australian trademark and copyright laws. The contents of the web site is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of WAAM, except where authorised on the web site, or is expressly authorised in writing by WAAM or its authorised partners or members. Strictly on the condition that users keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The web site must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of WAAM or a partner or member or which is prohibited by the Terms of Use.

Public use of the web site

The WAAM web site contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietar y right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. WAAM will monitor and review the contents of the web site. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of WAAM is in any way objectionable or in violation of any applicable law or the Terms of Use, WAAM has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is WAAM responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the web site are solely their own). The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. WAAM reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials that violate any applicable or relevant law.

User license to WAAM

By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to WAAM a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of WAAM and any other party authorised by WAAM all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of WAAM, and expense of the user, the user will execute and deliver to WAAM such instruments and take such other actions as may be required to carry out this grant of license and waiver.

Advertising, links to third party websites and e-commerce offers

The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of WAAM, and WAAM is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. WAAM provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by WAAM or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by WAAM or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not necessarily made by WAAM, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. WAAM is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to WAAM terms of use.

Limitation of liability and Disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by WAAM of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). WAAM does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) WAAM and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) WAAM does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) WAAM does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not WAAM) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of WAAM) will WAAM or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that WAAM does not exert control over users of the web site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, WAAM’s’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of WAAM to the following: in the case of services supplied or offered by WAAM, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by WAAM, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by WAAM, and WAAM may terminate this agreement and users' access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all WAAM disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

WAAM relies on the user's continued observance of these Terms of Use. If WAAM suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify WAAM for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where WAAM is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

The following are the standard terms and conditions of trading between We’re All About Marketing (WAAM) and its Customers unless otherwise agreed.

QUOTATIONS AND COMMENCEMENT OF WORK

1. Quotations are based on the current costs of production and are valid for thirty (30) days from the date thereon unless otherwise agreed by We’re All About Marketing (WAAM) and are based on specifications and copy supplied by the customer at the time of quote.

2. All additional work not specifically covered by the quotation including extra work or cost caused by variations to original specifications or by the copy being poorly prepared, author's amendments, overtime charges and disbursements will be charged as extras.

3. Once accepted by the customer, WAAM written quotation shall be deemed to interpret the customer’s written or verbal instructions correctly. Where verbal instructions only are received from the customer, WAAM shall not be liable for errors or omissions, which are due to the failure of the customer to make known expressly or by implication the result that the customer desires to achieve.

   • Once a deposit is paid and work is commenced for the customer, this deposit is deemed non-refundable.

4. Where WAAM incurs additional costs or expenses (including increases in the price of paper or other materials) in the performance of its contract with the customer WAAM reserves the right to recover such costs, including any service fee, from the customer.

5. WAAM shall require an official purchase order detailing all work to be carried out, before such work can commence.

6. All goods and services provided by WAAM after 1 July 2000 are subject to goods and services tax (GST). Prior to that date, WAAM shall be entitled to charge the amount of any sales tax payable unless a completed ‘Sales Tax Exemption Certificate’ is provided with or as part of the purchase order.

7. Print price quoted includes the cost of a single delivery to one Sydney address unless otherwise stated.

8. WAAM reserves the right to charge fees for the storage of any undelivered material where the customer has specifically requested that any materials be stored until requested.

   • Acceptance of WAAM’s quotation shall be acceptance of these terms and conditions, notwithstanding any inconsistencies that may be introduced by terms and conditions contained in the customer’s order, unless otherwise expressly agreed by WAAM in writing.

9. Work completed by WAAM will be invoiced directly to the company stated on the Purchase Order. If an agreement exists between WAAM and its customer that a third party (i.e. your client) be charged for such work, no transfer of liability will be given or implied unless:

   • The third party has a trading account with WAAM; and

   • The third party provides WAAM with written approval for such work to be charged to their account.

10. In the case where WAAM commences work for the customer on a barter basis (where the person(s) doing the work charge the client on a discounted basis for the exchange of the services that the customer would provide in return to WAAM – and a cancellation occurs, both parties are required to recalculate the market rate of the invoice from the date the agreement commenced. The required party need to repay the difference of the total amount less the bartered amount from the date the barter agreement commenced.

WAIVERS, WARRANTIES, LIABILITIES, DISPUTES AND CLAIMS

1. withstanding that WAAM might agree in respect of any particular transaction, either expressly or by implication, to waive any of these terms and conditions, such agreement shall in no way release the customer from any other obligation or requirement set out herein.

2. WAAM shall not be liable for indirect or consequential loss or any loss to the customer arising from third party claims occasioned by errors in carrying out the work or delay in delivery.

3. No warranty, other than statutory warranties, is given by the seller or responsibility accepted by him or her to ensure that goods produced comply with the requirements of any legislation relating to the marketing and/or labeling and/or packaging of goods. Compliance with the requirements of such legislation shall be the sole responsibility of the customer.

4. Liability for breach of a condition or warranty implied into this contract by the Trade Practices Act 1974, other than a condition implied by Section 69, is limited to any one of the following, as determined by WAAM:

   • The supplying of the service again; or

   • The payment of the cost of having the service supplied again.

5. Subject to the application of statutory warranties, which cannot be excluded, no warranty shall be given that goods sold or work done will be reasonably fit for a purpose where that purpose is not made known expressly.

6. Contracts and deliveries may be suspended by WAAM in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civil disturbance, war, legislation, force majeure, the inability of WAAM to procure necessary material or articles preventing or retarding performance of the contractor or delivery of work and no responsibility shall be attached to WAAM for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of WAAM.

7. Upon notification to the customer that the work has been completed, the goods shall be at the customer’s risk.

8. The customer shall be deemed to have accepted the goods if, within seven (7) days (or such other period as WAAM may stipulate from time to time) of delivery, the customer fails to take possession of the goods or notify WAAM in writing that the goods have been rejected.

   • Should expedited delivery be agreed, reasonable efforts should be made by WAAM to secure freedom from defects, but WAAM shall not accept responsibility for defects.

9. Every endeavour will be made to deliver the correct quantity ordered, but WAAM reserves the right to vary estimates and/or orders by up to 10%.

10. All claims and disputes will only be recognised if notified within 24 hours of job delivery; and

    • All such claims including claims for non-delivery against WAAM must be formally made in writing within seven (7) days after the customer has notified WAAM of any dispute.

    • WAAM will endeavour to settle all claims made by the customer within 30 days of the receipt of any formal claim, but only when the customer cooperates with WAAM in the settlement of the claim or dispute and where an amicable agreement can be reached between the parties.

COPYRIGHT

1. WAAM accepts no responsibility or liability for the use of copyright material used in any work carried out by WAAM where such material is supplied by the customer or any third party.

2. The copyright ownership of any original artwork, whether electronic or otherwise, created for a customer, is deemed to belong with the creator of the work and is licensed for the specific and sole use for which it was created which will be deemed to be the job detailed in the customer’s purchase order for which the work is being carried out.

3. If additional usage rights are sought by the customer, additional fees will need to be agreed upon in writing before any additional work can commence.

CUSTOMER'S APPROVAL OF PROOFS

1. WAAM does not have the authority to sign approval to release artwork or proofs for printing. The final proofs will be required to be signed by an authorised representative of the customer. This signature will be deemed as absolute and final approval for the work to proceed to print.

2. WAAM shall incur no liability for any errors not corrected by the customer in proofs submitted. Customer's alterations and additional proofs necessitated thereby shall be charged as an extra. When style, type or layout is left to WAAM'S judgment, changes there from made by the customer shall be charged as an extra.

PAYMENT

1. Payment shall become due upon delivery or on notification to the customer that the work has been completed. Unless otherwise stated by WAAM in writing, no discount shall be allowed and payment shall be by net monthly account. Unless otherwise stated in writing by WAAM, or agreed in writing by the customer, interest at the current bank overdraft rate plus 2 per cent may be charged on overdue accounts.

2. WAAM shall be entitled to charge monthly progress payments of up to 75 per cent, or such other portion as WAAM may stipulate, of the value of the work done. (iii) The suspension by the customer of any work, for any reason, for a period exceeding thirty (30) days shall entitle WAAM to payment for work already carried out, materials specially ordered for that work and other additional costs, including storage.

3. In the event that WAAM is required to engage the services of any mercantile agency to effect collection of any amounts due to WAAM then all collection expenses and associated charges shall be borne by the customer.

4. WAAM shall, in respect of all unpaid debts due from the customer, have a general lien on all goods and property in their hands shall be entitled on the expiration of fourteen (14) days notice to the customer to dispose of such goods or property as they think fit and to apply the proceeds towards such debts.

CUSTOMER'S PROPERTY AND MATERIAL SUPPLIED BY CUSTOMER

1. Customer’s property and all property and material supplied to WAAM by or on behalf of the customer will be held at the customer’s risk, and WAAM accepts no liability whatsoever for loss of, or damage to, such property or material unless otherwise agreed by WAAM in writing.

2. Unless otherwise agreed in writing, WAAM accepts no responsibility for the insurance of such property or material. In the event of WAAM agreeing in writing to insure such property or material, the cost of insurance premiums shall be charged to the customer.

3. Where the customer supplies materials, adequate quantities shall be supplied to cover spoilage. Sheets and other materials shall not be counted or checked when received unless requested by the customer in writing. An additional charge may be made by WAAM in respect of any such counting or checking requested by the customer.

4. In the case of property and materials left with WAAM without specific instructions, WAAM shall be free to dispose of them at the end of twelve (12) months after receiving them and to accept and retain the proceeds, if any, to cover their own costs in holding and handling them.

5. Where materials or equipment are supplied or specified by the customer WAAM accepts no responsibility for imperfect work caused by defects in or unsuitability or such materials or equipment.

6. An extra charge may be made by WAAM for handling or storing property or materials supplied by, or on behalf of, the customer.

7. Any change or correction of any film, bromides, artwork and/or any printing surface supplied by the customer, necessary to ensure properly finished work, shall be paid for by the customer.

OWNERSHIP AND TRANSFER OF OWNERSHIP

1. Electronic forms of artwork shall be deemed ‘Means of Manufacture’ and shall remain at all times the property of WAAM.

2. Ownership of all finished materials (such as bromides and film, but excluding printing plates and electronic data), used to print an order shall be transferred to the customer once all accounts have been paid in full. Should the customer fail to claim ownership of such materials within fourteen (14) days of delivery, WAAM reserves the right to store or destroy such materials at its discretion. WAAM shall not be held liable for loss, damage or neglect of such stored materials unless the customer requests in writing that such materials be kept in a suitable condition for future use.

3. Drawings, sketches, paintings, photographs, designs, or typesetting furnished by WAAM, dummies, models or the like, devices made or procured and manipulated by WAAM and negatives, positives, blocks, engravings, stencils, dies, plates or cylinders made from WAAM original design, or from a design furnished by the customer, remain the exclusive property of WAAM, unless otherwise agreed upon in writing. Further, if, in the absence of any specific agreement, the printer makes electrodes, stereos or other forms of duplication these remain his property.

4. Sketches, dummies or any other design media submitted by WAAM on a speculative basis shall remain the property of WAAM. They shall not be used for any purpose other than that nominated by WAAM and no ideas obtained there from may be used without the consent of WAAM. WAAM shall be entitled to compensation from the customer for any unauthorised use of such sketches, dummies or design media.

5. Ownership of any goods delivered by WAAM to the customer is only transferred when payment in full for the goods has been received by WAAM.

6. Where WAAM has not been paid in the manner specified here and WAAM delivers the goods to the customer then until disposed of by the customer in accordance with the provision of this clause the customer agrees with WAAM to keep the goods as a trustee for WAAM and is required to store the goods in a manner that clearly identifies them as the property of WAAM.

ELECTRONIC STORAGE

1. It is WAAM’S policy to archive and store on CD ROM and/or DVD electronic forms of artwork manufactured, though WAAM is under no obligation to store such files. WAAM shall not be held liable for loss, corruption or neglect of archives.

2. The customer shall have no right or title to data stored by WAAM on disks or any other electronic form of storage.

3. Should WAAM agree to relinquish such files, ownership will not be transferred until all work has been paid in full.

4. WAAM reserves the right to charge for retrieval time and electronic media should the customer request such artwork on disk.

OTHER

1. These terms and conditions are to be read subject to mandatory provisions of legislation of the Commonwealth of Australia including the consumer protection provisions of the Trade Practices Act 1974 or of one or more of the States or Territories, which afford statutory rights to consumers.

The invalidity of any clause, or part of a clause, shall not affect any other clause, or other part of the clause.

We agree to provide web hosting and email services to you through our host computers but only on the following basis:

WAAM will provide you with a shared IP address, username, and password to enable access to our service.

We will provide you with the Hosting Plan you subscribe to and features as described on our web site.

Hosting plans are to be used for web site hosting. Script development and testing scripts should be used on a private server as faulty scripts may cause server over-load.

We will provide you with bandwidth. Bandwidth is measured by the data transferred to and from your account. Bandwidth usage includes web site (http), ftp and email traffic.

We will provide you with disk space. Disk space is the amount of space measured in bytes used on the server(s). Disk space usage includes both web hosting account files and email. Disk space is used for active web site hosting and email files, not as a repository to store unrelated files and files not in use.

Our email service is important to you and our other subscribers.

As a condition of your use of our email service, you agree as follows:
You agree to remove your email from our mail server promptly and to keep the space used by your files on the system below 20 megabytes. We have the right to remove email data in excess of 20 megabytes left by you on our mail server. If you have not made a special arrangement with us, we will not be liable for any loss of data because of your failure to housekeep your email.

Email enables a rapid, immediate and widespread response. You must not use the email service for communication that is defamatory or contrary to generally accepted community standards of behaviour or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are, to review your use of our services at any time, and to terminate you if we consider that you have breached these standards. If you defame anyone through your use of the email service and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.

You agree not to send multiple, unsolicited email (SPAM or UCE), to single or multiple users whether or not this is for business purposes.

Generally, you agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behaviour on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion), you agree that we may terminate your email service without liability to you.
We will make genuine and commercially reasonable efforts to make the services you have subscribed for operating fault free 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. However, if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you.

The reasons for these limits on our service levels are because:
We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free. You may use our services for purposes we do not know about and have no control over.

We may at any time cancel, reject, or refuse to continue hosting any web sites without providing any reason for such rejection or refusal at any time prior to, or after, hosting any web site. This right will not be unreasonably exercised.