BEFORE USING THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES. INDEED, IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORISED TO USE THIS SITE.
The Site is owned and operated by Pheditor (“Pheditor”), a business governed under the
laws of the State of Victoria, Australia,the Australian Business Number (ABN) of which
is 21 838 830 563.
Pheditor may modify the Terms at any time and such modifications shall be effective immediately upon posting the modified Terms on the Site.
1.1 In order to place any order, submit comments and access some features of the Site, You will need to be a registered member.
1.2. You may not use another member’s account without permission.
1.3. When registering to become a member and activate an account, You shall provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
1.4. You are solely responsible for the activity that occurs on your account, and You shall keep your account password secure.
1.5. If You suspect or become aware of any unauthorised use of your account or that your password is no longer secure, You agree to notify Pheditor immediately.
2. Legal Capacity
2.1. By placing any order through the Site You warrant to Pheditor that You are over 18 years of age.
2.2. Should Pheditor suffer any loss or damage, as a result of a transaction entered into by a minor, Pheditor reserves the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
3. Access by You to the Site & Termination
3.1. Pheditor reserves the right to modify the Site at any time. Pheditor does not guarantee that You will be able to access the Site in the same way or with the same equipment or software You used prior to the Site’s modification.
3.2. Pheditor may stop (temporarily or permanently) providing access to the Site to You at Pheditor’s discretion and without prior notice to You.
3.3. Pheditor may in its sole discretion terminate your account or restrict your access to the Site. If Pheditor does this, You may be prevented from accessing all or parts of the Site, your account details or other content contained in your account. Pheditor will not be liable to You or any third party for doing so.
4.1. Pheditor will provide the Services with due care and skill but Pheditor does not warrant to You that the Services will be provided without fault or disruption. To the extent allowed by law, Pheditor excludes all liability to You or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content and/or Site including, but not limited to, loss or damage You might suffer as a result of:
4.1.1. errors, mistakes or inaccuracies on the Site;
4.1.2. You acting, or failing to act, on any information contained on or referred to on the Site and/or any linked website;
4.1.3. personal injury or property damage of any nature resulting from your access to, and use of, the Site;
4.1.4. defamatory, harmful, offensive or unlawful conduct of any User of the Site;
4.1.5. any unauthorised access to or use of Pheditor’s secure servers and/or personal information and/or financial information stored on those servers;
4.1.6. any interruption or cessation of transmission to or from the Site;
4.1.7. any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through the Site by any third party; and/or
4.1.8. the absence of merchantability or fitness for any purpose of any good or service of any linked sites.
4.2. Pheditor does not warrant to You, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked website or featured in any banner or other advertising. Pheditor will not be a party to or in any way responsible for monitoring any transaction between You and third party providers of products and services.
4.3. Where any law implies a warranty into the Terms which may not be lawfully excluded then to the extent allowed by law, Pheditor’s liability for breach of the warranty will at Pheditor’s option be limited to:
- the resupply of the Services, or
- the payment of the cost of resupply of the Services.
5. Use of the Site by You
5.1. You agree not to access (or attempt to access) any part of the Site by any means other than through the interface provided by Pheditor.
5.2. You agree that You will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site except with Pheditor's prior written consent.
5.3. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content therein.
5.4. You agree not to use, copy, distribute or commercialise content except as permitted by the Terms, by law or with our prior written consent.
5.5. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred by Pheditor to appropriate law enforcement authorities.
6. Information on the Site
6.1. Information about the Services on the Site is based on material provided by suppliers and product manufacturers and Pheditor does not check the truth of this information.
6.2. You understand and agree that Pheditor cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied by manufacturers or suppliers to Pheditor.
6.3. You agree to make your own enquiries to verify information provided on the Site and to assess the suitability of the Services before You place any order.
7.1. The Services provided by Pheditor on the Site do not constitute an offer to transact business. It is an invitation to treat only.
7.2. Orders placed by You are offers to transact business I order to benefit from the Services under the Terms.
7.3. Pheditor reserves the right to accept or reject your offer for any reason (or no reason) including, but not limited to, an error in the price or Services’ description, or an error in your order. If Pheditor cancels your order, Pheditor will provide a full refund of any payment received.
7.4. Once placed, You may not cancel your order.
8.1. The price of Services and other charges shown are in Australian dollars and include GST where applicable.
8.2. Prices of Services are current at time of display on the Site but are subject to change at Pheditor’s sole discretion.
9.1. All payments shall be received in full prior to the Services being provided by Pheditor to You. Please read the Payment section of the Site for payment options.
9.2. If your payment is not received by Pheditor or declined by your bank or credit card issuer, Pheditor cannot deliver the Services to You following your placing an order.
10. Delivery of the Services
Pheditor cannot be held liable nor responsible for any loss suffered as a result of your modified or edited image(s) not being received by You, for example, because the email was blocked by a firewall or filter, or where You told Pheditor the wrong email address.
11. Refunds / Supply of Services
11.1. unless Pheditor has made a mistake in providing the Services, the price of Services, once delivered to You by Pheditor, is non-refundable.
11.2. Pheditor makes no guarantee, warranty or representation regarding the standard of any Services to be provided.
11.3. Pheditor receives payments from suppliers whose products or services are promoted through the Site.
12. Pheditor's liability, Complaints or Problems
12.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Site are the sole responsibility of the person from whom such content originated.
12.2. You understand that Pheditor does not control and is not responsible for content made available through the Site unless it originates from Pheditor. Consequently, by using the Site You may, contrary to the Terms and Pheditor’s intentions, be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Site at your own risk.
12.3. To make any submission or contribution to this Site, You shall register to become a member. You do not have to register if You only want to view content.
12.4. As a member, You agree that You are responsible for any content submitted, posted or made available through the Site via your account and You shall not post (or allow content to be posted through your account that):
12.4.1. You do not have the right to post;
12.4.2. is defamatory or in contempt of any legal or other proceedings;
12.4.3. is misleading or deceptive;
12.4.4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
12.4.5. denounces religious or political beliefs;
12.4.6. includes religious or political material which is or is likely to be offensive;
12.4.7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
12.4.8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
12.4.9. contains any unsolicited or unauthorised advertising or promotional material;
12.4.10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
12.4.11. impersonates any person or misrepresents your relationship with any person.
12.5. Pheditor reserves the right, in Pheditor’s absolute discretion, to pre-screen, refuse or remove any content without giving any reasons.
12.6. You understand and agree that we may retain server and backup copies of your submitted content even if You have altered, removed or deleted your content from public display.
12.7 Pheditor has no liability (including loss or damage) for any act, omission or default, whether negligent or otherwise of Pheditor, any Pheditor’s supplier or third party. Where Pheditor’s liability cannot be excluded, such liability is limited to the price amount of the Services ordered by You.
12.8 You acknowledge that Pheditor engages contractors to perform the Services on the digital images supplied by You. You agree not to make any claim against Pheditor for any unauthorised use by any person of any image supplied to the Pheditor.
13. Links to third party websites
The Site may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and Pheditor may have no responsibility or control over them. The existence of these links does not imply that Pheditor endorses the linked website, content or resource. You acknowledge that Pheditor has not reviewed any of these third party websites, content or resources and Pheditor is not responsible for the material contained therein.
14. Intellectual property
14.1. Pheditor reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by Pheditor. Nothing in the Terms gives You a right to use any of Pheditor’s marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
14.2. Other trademarks used on the Site that belong to third parties are used with permission and remain the intellectual property of the third party.
14.3. Pheditor does not claim ownership of content Users submit. However, by contributing content to the Site You automatically grant, and You represent and warrant to Pheditor that You have the right to grant, to Pheditor an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
14.4. If You correspond or otherwise communicate with Pheditor, You automatically grant to Pheditor an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services Pheditor provides.
15. Transfer and Assignment
If Pheditor merges, sells or otherwise changes control of its business or this Site to a third-party, Pheditor reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Pheditor has collected from You and any agreements Pheditor has made with You.
You will at all times indemnify, and keep indemnified, Pheditor and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by You or by Pheditor arising from any claim, demand, suit, action or proceeding by any person against You or Pheditor where such loss or liability arose out of, in connection with or in respect of your conduct or breach of the Terms.
17. General Provisions
17.1. Pheditor shall not be liable for any delay in performing any of its obligations under the Terms if such delay is caused by circumstances beyond our reasonable control.
17.2. The Terms will be governed by and interpreted in accordance with the laws of the state of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and to the Federal Court of Australia sitting in Victoria.
17.3. If any part of the Terms is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the rest of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
17.4. If Pheditor does not exercise or enforce any right or provision under the Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under the Terms will only be effective if it is in writing and signed by Pheditor.
If You are dissatisfied with the Services, please let Pheditorknow by electronic mailing at firstname.lastname@example.org. Your input is valuable to Pheditor. Your only other remedy with respect to any dissatisfaction with (i) the Services, (ii) any provision of these Terms, (iii) any policy or practice of Pheditorin operating the Site, or (iv) any content or information transmitted through or on the Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the Site and of the Services and by providing Pheditornotice of termination by electronic mail Pheditorat email@example.com.