Website Terms

We like to do Business Fairly and Transparently

This page documents the way we do business, our Terms and Conditions of using our Website and Services

About the Website
Welcome to https://www.flashdezigns.com (the ‘Website’). This Website provides and enables Digital Marketing, Web Design & Development; and related services (the ‘Services’).

The Website is operated by FlashDezigns (“we/us/our”). Access to and use of the Website, or any of its associated Products or Services, is provided by FlashDezigns. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, and any of its and our Services, immediately.

We reserve the right to review and change any of the Terms by updating this page at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms
You accept the Terms by remaining on the Website. You also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FlashDezigns.

Use of the Services
In order to access the Services of FlashDezigns, you must first either complete a “Contact Form” through the Website or make contact through other electronic or non electronic means.

As part of the contact process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including your Name, Email address, Telephone number, banking details for payments and other information.

You warrant that any information you give to FlashDezigns, whether in the contact forms, or other means, both electronically or non electronically, will always be accurate, correct and up to date.

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with FlashDezigns; or
  • you are a person barred from receiving the Services under the laws of Australia; or other countries including the country in which you are resident; or from which you use the Services.

Your obligations as a Client
As a client, you agree to comply with the following:

  • you will use the Services only for purposes that are permitted by:
      • the Terms;
      • and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your login password and/or email address. Use of your login password by any other person may result in the immediate cancellation of the Services;
  • any use of your client information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FlashDezigns of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of FlashDezigns providing the Services;
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of FlashDezigns;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members or Clients by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.

Appropriate legal action will be taken by FlashDezigns for any illegal or unauthorised use of the Website; and you acknowledge and agree that any automated use of the Website or it Services is strictly prohibited.

Payment
Where the option is given to you, you may make payment for Services by way of:

  • PayPal
  • Stripe
  • EFT
  • Debit Order

In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of the chosen payment method, which are available on their website (PayPal and Stripe).

You acknowledge and agree that where a request for the payment for the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges.

You agree and acknowledge that FlashDezigns can vary the Services Fees at any time.

Refund Policy
FlashDezigns will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of FlashDezigns makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.

Copyright and Intellectual Property
The Website, the Services and all of the related products of FlashDezigns are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) or the Services, are owned or controlled for these purposes, and are reserved by FlashDezigns or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by FlashDezigns, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a client or Website visitor to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.
  • FlashDezigns does not grant you any other rights whatsoever in relation to the Website or the Services.

All other rights are expressly reserved by FlashDezigns.

FlashDezigns retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process)

to you.

You may not, without the prior written permission of FlashDezigns and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy
FlashDezigns takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy, which is available on this Website.

General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • FlashDezigns will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FlashDezigns make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FlashDezigns) referred to on the Website including (but not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of FlashDezigns; and
  • the Services or operation in respect to links which are provided for your convenience.

Limitation of Liability
FlashDezigns’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that FlashDezigns, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other  tangible or intangible loss.

Termination of Contract
The Terms will continue to apply until terminated by either you or by FlashDezigns as set out below. If you want to terminate the Terms, you may do so by:

  • providing FlashDezigns with 30 days’ notice of your intention to terminate; and
  • closing your accounts for all of the services which you use, where we have made this option available to you.

Your notice should be sent, in writing, to FlashDezigns via the ‘Contact Us’ link on our website.

FlashDezigns may at any time, terminate the Terms with you if:

  • you have breached, or intend to breach any provision of the Terms;
  • FlashDezigns is required to do so by law;
  • the provision of the Services to you by FlashDezigns is, in the opinion of FlashDezigns, no longer commercially viable.

Subject to local applicable laws, FlashDezigns reserves the right to discontinue or cancel your membership of this website or of FlashDezigns as a client at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice,

  • if you breach any provision of the Terms or any applicable law, or
  • if your conduct impacts FlashDezigns’ name or reputation, or
  • violates the rights of those of another party.

Indemnity
You agree to indemnify FlashDezigns, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

Dispute Resolution

Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in New South Wales, Australia.

Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:
If two months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction:
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales,  Australia.

Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.