Thank you for using Phresh Studio (referred to hereinafter as “the Supplier”).
These Terms and Conditions (Terms) will govern the Services provided by us to you. Importantly, it outlines both your responsibilities and ours while providing the Services.
In these Terms:
Additional Charge means:
Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out.
Customer means the person or entity identified on a Quote or Order as the customer and includes the Customer’s agents and permitted assigns.
Deposit means a non-refundable deposit equal to 50% of the Quote or such other amount agreed by the Supplier in writing from time to time
Intellectual Property Rights means intellectual property rights at any time protected by statute or common law in Australia, including copyright, trade marks, patents and registered designs.
Loss includes, but is not limited to, costs (including, but not limited to, party to party legal costs and the Supplier's legal costs), expenses, lost profits, award of damages, personal injury and property damage.
Order means a written application form in response to a Quote or a written instruction to proceed with the Services in accordance with a Quote and includes the Customer’s creative brief to the Supplier.
Quote means a written description of the Services to be provided, an estimate of the Supplier's charges for the performance of the required work and an estimate of the time frame for the performance of the work.
Services means the services to be provided by the Supplier to the Customer in accordance with a Quote and these Terms.
Works means the works created by the Supplier for the Customer in accordance with the Supplier’s Quote and the Customer’s Order for the provision of Services and unless specified to the contrary in these Terms, excludes any unused concepts created by the Supplier.
In these Terms, unless the context otherwise requires:
In addition to any action permitted to be taken by the Supplier under paragraph (b), on the occurrence of an event of default all invoices will become immediately due and payable.
We recognise the trust you are placing in us by providing your personal details and we are committed to the protection of your personal information. This policy applies to and is adopted by our employees, related entities and associated companies and contractors which are subject to the Privacy Act 1988.
What personal information we generally collect and why:
We collect information in a number of different ways including directly, indirectly and through third parties including:
When collecting your personal information, we may ask you to provide the following information:
If you provide us with direct debit or direct credit details, we will only disclose those details to our bank to facilitate the provision of that service.
We collect your personal information so we can provide our services and goods to you. In addition, we may utilise this information to communicate news, promotional offers or special events to you or for marketing, research, planning and product development purposes.
This information is used to assist the conduct of our business, to provide and market our services, to communicate with you and, most importantly, to help us manage and enhance our services for you. By providing consent to receive these communications from us you are acknowledging that the consent will remain current until you advise us otherwise in writing.
You can opt out at any time by contacting our Privacy Officer or by unsubscribing to our commercial electronic messages as set out below.
Junk mail or unsolicited email
You will only receive emails from us if:
We will destroy information if the information was not lawfully collected by us, and/or by written request by you
If you, or a company you work for, supplies goods or services to us, we may collect personal information about you in connection with the provision of those goods or services, either directly from you or from that company. This information may include your name, date of birth, contact information, and any other information you provide. This information will be used for the purposes of managing the provision of those good or services only.
Other information we collect
We may also collect the following information from you:
We use this information so that we can tell which pages are the most popular and where people spend most of their time on our website. We use this information to improve our website and our services delivered to you. In some circumstances we may collect personal information about an individual from a third party, for example, to analyse traffic at our website. If this information is linked with personal information we already hold about you (as set out above), this new information will be treated as personal information and will be handled in the same manner as the personal information to which it has been linked.
Are we likely to disclose your personal information overseas?
We may disclose your personal information to the following overseas recipients:
How your personal information is stored and kept secure?
We will use all reasonable endeavours to keep your personal information in a secure environment, however, this security cannot be guaranteed due to the nature of the internet. We will take reasonable steps to protect personal information held from misuse, loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records.
When your personal information is no longer required we will take reasonable steps to destroy it. These measures are designed to assist in your personal information not being accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been unauthorised use or disclosure of your personal information, please contact us immediately (contact details below).
Accessing your information
In order to maintain the security of your personal information we may require you to provide proof of your identity before discussing any personal information and we may ask you to specify what information you require. Ways in which we may ask you to provide proof of identity may include the following:
All reasonable steps are taken by us to ensure that your personal information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact us and subject to the exceptions set out in the Privacy Act 1988, you may seek access to and correction of the personal information which we hold about you and we will take all reasonable steps to correct it within a reasonable timeframe.
How you can make a privacy related complaint?
If you have any questions about privacy-related issues or wish to complain about a breach of the Australian Privacy Principles or the handling of your personal information by us, please contact us. We may ask you to lodge your complaint in writing. Any complaint will be investigated by our Privacy Officer and you will be notified of the making of a decision in relation to your complaint as soon as is practicable after it has been made (usually within 30 days). If you are not satisfied with our response, you can refer your complaint to the Office of the Australian Information Commissioner (details below).
Questions or Complaints
For more information on privacy in Australia, please visit the Australian Commonwealth Government’s Office of the Australian Information Commissioner’s website at www.oaic.gov.au .
Thank you for visiting our website. By accessing our website, you agree that these terms and conditions (T&Cs) will apply to your use.
From time to time it may be necessary for us to review and revise our T&Cs. It is your responsibility to check for changes and your continued use of our website means you agree with the changes.
To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of this website or websites of other entities which are hyperlinked from this website (linked websites). We have no control over the nature, content and availability of linked websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
The information contained on this website is provided by us in good faith and on an 'as is' basis. Whilst we endeavour to keep the information on our website up to date and correct, we make no representations or warranties of any kind (express of implied) about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Every effort is made to keep the website up and running smoothly. However, we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this website or a linked website or if the website is temporarily unavailable due to technical issues beyond our control. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you or in your location.
Your use of this website
As a condition of your use of the website, you warrant to us that you will not use this website for any purpose that is prohibited by these T&Cs. In particular, you agree not to:
Unless otherwise acknowledged, all material on this website, including text, graphics, information, and coding, is our property. All copyright is reserved.
You are provided with access to this website and may download, store, display, print or make a single copy of the information or material stored on this website (in its unaltered form) and for your personal and non-commercial use only. Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:
All trade names, trademarks, service marks and other product and service names and logos (‘marks’) displayed on this website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These marks may be our registered or unregistered marks or may belong to others and are used on this website with permission of the relevant owner.
Nothing contained on this website should be construed as granting any licence or right of use of any mark which is displayed on this website without the express written permission of the relevant owner.
If you use any of our marks to refer to our activities, products or services, you must include a statement attributing that mark to us. You must not use any of our marks:
This website may contain links to other external websites which, once clicked, will take you away from this website. Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any linked website that is not our own.
Unless specifically stated, the inclusion of a linked website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the linked website, or for any information, product or service referred to on the linked website.
Your use of any linked website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the linked website and not by these T&Cs. We are not responsible for the privacy practices of any third party social media or other service providers that you can access through this website.
Your visit to our website
We may also collect and store information about your visit to the website, including:
All of the information we collect is aggregated and cannot be used to identify you individually. This information is used to measure visitor numbers and to assess how the website was used in order to maintain its effectiveness. We do not collect this information for any type of online advertising.
These T&Cs will be governed and interpreted by the laws of Victoria.
Should you have any questions about our T&Cs, please contact us at: firstname.lastname@example.org .