Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to createaposter.com.au. We provide the createaposter.com.au Service (the Create A Poster Service) to you, subject to these Terms of Use.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the createaposter.com.au site (the Create A Poster Site) and the Create A Poster Service. Please read these Terms of Use carefully before you start to use the Create A Poster Site. By using the Create A Poster Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Create A Poster Site.

Here are the meanings of the abbreviations and specific terms we use in these Terms of Use.

• "Content" has the meaning given in clause 7.
• "Rules" has the meaning given in clause 7.
• "Create A Poster Service" means the on-line resources and functions provided by us through the Create A Poster Site.
• "Software" has the meaning given in clause 18.
• "we" or "us" means CreateAPoster Limited.
• "you" means the individual using the Create A Poster Site or the Create A Poster Service.
• "Related Party" means "Related Parties" as that term is defined in the Companies Act 1993 (New Zealand) and "Related Parties" and "Related Entities" as those terms are defined in the Corporations Act 2001 (Australia).

We may change these Terms of Use from time to time without notice to you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Create A Poster Site. You are expected to check this page and the rest of the Create A Poster Site from time to time to take notice of any such changes, provisions or notices, as they are binding on you.

2. INFORMATION ABOUT US

www.createaposter.com.au is a site operated by CreateAPoster Limited. CreateAPoster Limited is registered in New Zealand under company number 4272278 and has its registered office at 52 Hebron Road, Waiake, Auckland, 0630, New Zealand.

We may appoint an agent to carry out, on our behalf, certain of our functions relating to the Create A Poster Site and the Create A Poster Service. For example, we may appoint an agent to accept payment of goods ordered from the Create A Poster Site and issue the necessary GST invoices.

3. ACCESSING OUR SITE

Access to the Create A Poster Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Create A Poster Site or the Create A Poster Service at any time without notice. We will not be liable if for any reason either the Create A Poster Site or the Create A Poster Service is unavailable at any time or for any period.

4. DESCRIPTION OF SERVICE

Through the Create A Poster Service, we provide users with access to a collection of on-line resources, including:

• images, and
• the tools, and ability to use those images to design, order and pay for a poster printed on Fujifilm silver halide archive quality photographic paper (Create A Poster).

Unless stated otherwise, any new features that are added to the Create A Poster Site or the Create A Poster Service are automatically subject to these Terms of Use.

You acknowledge and agree that the Create A Poster Site and the Create A Poster Service are provided "as is" and that we assume no responsibility for the timeliness, deletion, or unavailability of either of them for any reason.

You are responsible for making all arrangements necessary for you to have access to the Create A Poster Site. You are also responsible for ensuring that all persons who access the Create A Poster Site through your internet connection are aware of these Terms of Use, and that they comply with them.

5. YOUR OBLIGATIONS AND SUPERVISING CHILDREN

You agree that, when using the Create A Poster Site or the Create A Poster Service, you will provide true, accurate, current and complete information about yourself as prompted by the Create A Poster Site or the Create A Poster Service (as the case may be).

If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of the Create A Poster Site and/or the Create A Poster Service (in whole or in part).

We are concerned about the safety and privacy of all our customers and users of the Create A Poster Site and the Create A Poster Service, particularly children. For this reason, parents who wish to allow their children access to the Create A Poster Site or the Create A Poster Service should assist them and supervise their access to the Create A Poster Site or the Create A Poster Service. By allowing your child access to the Create A Poster Site or the Create A Poster Service, you accept that they will be able to access all of the Create A Poster Site and the Create A Poster Service. Please remember that the Create A Poster Site and the Create A Poster Service are designed to appeal to a broad audience. Accordingly, as legal guardian of your child, it is your responsibility to determine whether any of the Content is appropriate for him or her. Children who are using the Create A Poster Site or the Create A Poster Service should be made aware of the potential risks to them and their obligation to comply with these Terms of Use when using the Create A Poster Site and the Create A Poster Service.

6. CREATEAPOSTER.COM.AU PRIVACY POLICY

You agree that data provided by or obtained about you during your use of the Create A Poster Site or the Create A Poster Service will be processed in accordance with our Privacy Policy.

7. USER CONDUCT

In using the Create A Poster Site, you must comply with the Content standards set out in these Terms of Use. You warrant that any such use will comply with those standards (and in particular, but without limitation, will not constitute a Prohibited Use (as that term is defined later in these Terms of Use)), and you fully and personally indemnify us in relation to any breach of that warranty.

You acknowledge that all information, data, text, messages and other materials you may incorporate into your Create A Poster using the Create A Poster Site, or transmitted by any person in connection with the Create A Poster Service ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you and not us are entirely responsible for all Content that you may incorporate into your Create A Poster using the Create A Poster Site or the Create A Poster Service. We do not control the Content that you may incorporate into your Create A Poster using the Create A Poster Site or the Create A Poster Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content that you may incorporate into your Create A Poster or otherwise transmitted via the Create A Poster Site or the Create A Poster Service.

We have the right to disclose your identity to any third party who claims that any Content uploaded by you to the Create A Poster Site constitutes a breach of their intellectual property rights, or of their right to privacy.

You agree to not use the Create A Poster Site or the Create A Poster Service to:

• use or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm children in any way;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Create A Poster Site or the Create A Poster Service;
• use or transmit any Content that you do not have a right to use or transmit under any law or under contractual or fiduciary relationships (such as "inside information", proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• use or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• use or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Create A Poster Site or the Create A Poster Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
• interfere with or disrupt the Create A Poster Site or the Create A Poster Service or servers or networks connected to the Create A Poster Site or the Create A Poster Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Create A Poster Site or the Create A Poster Service;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or
• publish a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism, (collectively referred to as the "Prohibited Uses").

You acknowledge that we have no obligation to monitor or moderate Content. We will not be responsible as author, editor or publisher of any Content submitted by you and we expressly exclude any liability for any loss or damage arising from the use of the Create A Poster Site or the Create A Poster Service by any person for any of the Prohibited Uses or otherwise in contravention of these Terms of Use.

We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via, or incorporated by you into your Create A Poster using the Create A Poster Site or the Create A Poster Service (as applicable) that breaches these Terms of Use or which we deem to be potentially defamatory of any person, unlawful or in breach of any third party's rights. You agree that you must evaluate, bear all risks associated with, and fully and personally indemnify us against any liability associated with, your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. BREACH OF THESE TERMS OF USE

When we consider that a breach of these Terms of Use has occurred, we may at our discretion take such action as we deem appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms of Use, and may result in us taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the Create A Poster Site or the Create A Poster Service.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

If you breach these Terms of Use by using the Create A Poster Site or the Create A Poster Service for a Prohibited Use, we will have no obligation to fulfil any order you may have placed with us and you accept that you will forfeit any money paid to us in the submitting of that order.

We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

9. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Create A Poster Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Create A Poster Site, or by anyone who may be informed of any of its contents.

We make no warranty as to the accuracy, reliability, suitability or currency of the information on the Create A Poster Site. We urge you to seek independent advice before acting on any information contained in the Create A Poster Site.

10. SPECIAL TERMS FOR INTERNATIONAL USE

Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. When you are on any international CreateAPoster Limited property, you are bound by these Terms of Use and applicable laws governing that property.

11. GST

All prices expressed on the Create A Poster Site are inclusive of Goods and Services Tax (GST), unless otherwise expressly stated.

Create A Poster products delivered outside Australia are not subject to GST. For Create A Poster products delivered outside Australia, to the extent that the price expressed on the Create A Poster Site includes GST, the customer will not be charged for such GST but will be responsible for any sales tax or value added tax charged by authorities in the destination jurisdiction.

12. CUSTOMS FEES AND DUTIES

For any order shipped to a delivery address outside Australia the customer is the importer of record and will be responsible for any customs or import duties, tariffs or taxes.

13. INDEMNITY

You agree to indemnify and hold us and our Related Parties, officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any Content you submit or transmit through the Create A Poster Site or the Create A Poster Service, your use of the Create A Poster Site or the Create A Poster Service, your connection to the Create A Poster Site or the Create A Poster Service, your breach of these Terms of Use, or your breach of any rights of any third party, or your act, omission or negligence.

14. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Create A Poster Site or the Create A Poster Service, use of the Create A Poster Site or the Create A Poster Service, or access to the Create A Poster Site or the Create A Poster Service.

15. MODIFICATIONS TO SERVICE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Create A Poster Site or the Create A Poster Service (in whole or in part) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Create A Poster Site or the Create A Poster Service.

16. LINKS FROM OUR SITES

We may provide, or third parties may provide, links to other websites or resources through the Create A Poster Site. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. LINKING TO OUR SITE

You may link to our createaposter.com.au home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of the Create A Poster Site other than the home page. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with the Content standards set out in these Terms of Use.

If you wish to make any use of material on the Create A Poster Site other than that set out above, please contact us through the Business To Business Enquiry page

18. CREATEAPOSTER.COM.AU'S PROPRIETARY RIGHTS

You acknowledge and agree that the Create A Poster Site or the Create A Poster Service and any necessary software used in connection with the Create A Poster Site or the Create A Poster Service ("Software") contain proprietary and confidential information of CreateAPoster Limited that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Create A Poster Site, the Create A Poster Service or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, reproduce, rent, lease, loan, sell, distribute or create derivative works based on the Create A Poster Site or the Create A Poster Service or the Software, in whole or in part.

You agree not to access the Create A Poster Service by any means other than through the interface that is provided by us for that purpose on the Create A Poster Site.

You must not use any part of the materials on the Create A Poster Site for commercial purposes without obtaining a licence to do so from us or our licensors.

19. LEGAL NOTICES

You expressly acknowledge and agree that:

• your use of the Create A Poster Service is at your sole risk. The Create A Poster Service is provided on an "as is" and "as available" basis. Subject to our Refund Policy, to the fullest extent permitted by applicable law, CreateAPoster Limited, its Related Parties and any third parties connected to CreateAPoster Limited expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the Create A Poster Site or the Create A Poster Service to a standard of reasonable care and skill or as to non-infringement of any intellectual property right;
• we make no warranty or representation that: (i) the Create A Poster Site or the Create A Poster Service will meet your requirements; (ii) the Create A Poster Site or the Create A Poster Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Create A Poster Site or the Create A Poster Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Create A Poster Site or the Create A Poster Service will meet your expectations; or (v) any errors in the Software will be corrected;
• downloading or otherwise obtaining any material through the use of the Create A Poster Site or the Create A Poster Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; and
• no advice or information, whether oral or written, obtained by you from us or through or from the Create A Poster Site or the Create A Poster Service shall create any warranty or other obligation on our part that is not expressly stated in these Terms of Use.

20. LIMITATION OF LIABILITY

You expressly acknowledge and agree that CreateAPoster Limited, its Related Parties and any third parties connected to CreateAPoster Limited shall not be liable for:

• any direct, indirect, incidental, special, consequential or exemplary damages, costs, losses, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Create A Poster Site or the Create A Poster Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Create A Poster Site or the Create A Poster Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Create A Poster Site or the Create A Poster Service; or (v) any other matter relating to the Create A Poster Site or the Create A Poster Service; and
• any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The above does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Create A Poster Site or the Create A Poster Service of these Terms of Use must be filed within 1 year after such claim or cause of action arose.

21. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Create A Poster Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Create A Poster Site, the Create A Poster Service or any of our interests. You must not attempt to gain unauthorised access to the Create A Poster Site, the server on which the Create A Poster Site is stored or any server, computer or database connected to the Create A Poster Site. You must not attack the Create A Poster Site via a denial-of-service attack or a distributed denial-of service attack.

In the event of any breach of this clause 21, your right to use the Create A Poster Site and the Create A Poster Service will cease immediately.

We will not be liable for any cost, loss or damage (including without limitation, all of the types of loss, cost and damage referred to in clause 20) caused or incurred by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Create A Poster Site or the Create A Poster Service or to your downloading of any material posted on the Create A Poster Site, or on any website linked to it.

22. NOTICE

Notices to you may be made via either email or regular mail. Our site may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Create A Poster Site.

23. TRADEMARK INFORMATION

Createaposter.com.au, the createaposter logo and product and service names are trademarks owned by CreateAPoster Limited. You agree not to display or use such marks, logos and/or branding without our prior express written permission.

24. COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and we ask users of the Create A Poster Site and the Create A Poster Service to do the same. If you believe that any of your intellectual property rights have been infringed on the Create A Poster Site or in connection with the Create A Poster Service, please contact us to report the problem.

25. GENERAL INFORMATION

These Terms of Use constitute the entire agreement between you and us and govern your use of the Create A Poster Site and the Create A Poster Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia.

The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, the Create A Poster Site or the Create A Poster Service, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

Nothing in these Terms of Use is intended to limit our rights under any applicable law.

Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Neither you nor us may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any Related Party.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.