TERMS OF USE
Forever Art is a business which creates posters and other creative works as memorabilia for customers, based on the customer’s requests and preferences for each order (“Services”). In order to provide you with the best user experience and protect your interests, especially when engaging with our Services, we require all users of the Site and/or App to comply with the following Terms of Use and the Privacy Policy.
Agreement
1. The following terms and conditions set out how Anders Edwards Art Pty Ltd ACN 659 335 109 trading as Forever Art of C/- Poulson Partners (Guild Group), 19, 457 Upper Edward Street, Spring Hill, Q 4000 (‘Forever Art’, ‘us’, ‘we’) operates and the manner in which you must engage with us if you choose to engage with us. It applies to our website (https://www.foreverart.com.au) and all related websites, applications, Services and tools (“Site &/or App”).
2. By visiting or using the Site &/or App, you agree to be bound by these Terms of Use and our Privacy Policy, and any other terms and conditions, notices and disclaimers displayed elsewhere on the site relating to your use of the Site &/or App (“Terms of Use”). You must be over 18 years of age to use Forever Art or have express parental/guardian consent, whereby your parent/guardian is also agreeing to abide by our policies and terms and indemnify us for your or their breach of any policies or terms.
3. We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Site &/or App. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Site &/or App after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of or engagement with our Services, the Site &/or App, your only remedy is to immediately discontinue your use of our Services, the Site and/or App and/or terminate your engagement with our Services in accordance with the Terms of Use.
Services and Features
4. When engaging in our Services as they are currently provided, you will be required to set up an account online with us, select what type of poster you are interested in, how you would like it designed and then pay for the Services. We will require your first name, last name, address, phone number and email address so we can contact you in relation to our Services, and confirm that any information you provide will be treated strictly in accordance with our Privacy Policy.
5. We will charge you fees for our Services as detailed on the Website &/or App, and you will also be responsible for any fees charged by the third party vendor engaged in taking payments, delivery and/or insurance.
6. We reserve the right to change these fees from time to time without notification to you and you are solely responsible for reviewing the Pricing on the Website as your ongoing use of the Services is deemed acceptance of the pricing that applies at that point in time.
7. We do not offer payment plans however we may engage with a vendor such as Afterpay through which you would be able to use a payment plan at your own risk and expense.
8. Risk in the posters and any products provided as part of our Services to you, will transfer to you once the product is ready, so that you are responsible for any issues that occur during the delivery process with Sendle. We will however provide a free insurance cover for the delivery process as a gesture of goodwill. In the event something happens to the products prior to them arriving to you, we will assist in the process of making that claim for you, however we are required to make the claim to Sendle within 1 business day and you MUST urgently and immediately do all things and provide all photos and information necessary to show that an element of the delivery was the responsible factor in the damage being done, so that we can make that claim for you.
9. If you do not provide the material to us to enable us to make the claim within 1 business day of delivery taking place, then you understand we cannot assist further. You must comply with the 1 business day turnaround in providing evidence of any damage to claim against Sendle’s insurance, unless the package is lost in which case you have up to 10 business days to make the claim to Sendle with our assistance. You understand Sendle’s full coverage is $100USD and no further claim can be made against us as we are merely engaging Sendle as your agent.
10. To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the products or services will be fit for purpose or of a particular merchantable quality. We do not facilitate refunds for change of mind, for your failure to get the proper approval within the business in which you are working (if applicable), to engage with our Services or for any other reason excluding those required by law. Given risk passes to you prior to delivery, we warrant that the product is in good condition prior to delivery and provide you with free insurance cover, however we do not warrant that the product will arrive in perfect condition, as that is in the hands of Sendle. You must comply with the 1 business day turnaround in providing evidence of any damage to claim against Sendle’s insurance, unless the package is lost in which case you have up to 10 business days to make the claim to Sendle with our assistance. You understand Sendle’s full coverage is $100USD and no further claim can be made against us as we are merely engaging Sendle as your agent.
11. Additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site &/or App. Any such additional terms and conditions form part of the Terms of Use and your ongoing use of the Site &/or App will be deemed acceptance of the most recent version of the Terms of Use including any modification or additions thereto.
12. Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Site &/or App and terminate your engagement in accordance with the Terms of Use.
13. In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity. You agree to work with us to determine the cause for the unusual activity and assist us if necessary and requested to report on and resolve the issue.
14. While we use reasonable endeavours to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
15. We reserve the right to change or discontinue any service or feature of the Site &/or App in whole or in part any time.
16. Where you believe there is an issue in the poster/s you have purchased or they are significantly different to what you were anticipating from our marketing and/or information provided on our Site &/or App, or there are faults with the poster or other products you purchase from us, you agree to contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws, and not just write a damaging review without giving us the opportunity to first correct the issue as is our right under the Australian Consumer Law.
Membership
17. By setting up a profile and engaging in our Services, you become a User of the Site &/or App, which we will refer to in these terms as your membership while you remain a User. You cannot engage with our Services without becoming a User, setting up your basic profile and providing the relevant data.
18. As a User, you will also have the ability to access features and Services available on the Site &/or App (such as all or any of the Services provided by Forever Art via the website and potentially in future a mobile application, emails we send you and the information services, content and transaction capabilities on the Application (including the ability to make a purchase) or any chargeable service or feature that becomes available from time to time).
19. You will remain responsible for the security of your own account and any other additional account you, or another member of your business, creates and you hold Forever Art harmless for any compromise to your account.
20. When registering as a User of the Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Site &/or App.
21. You are responsible for maintaining the confidentiality and security of your login and password and wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit your account at the end of each session.
Online Payment Processing
22. Given payments are processed by a third party provider not by us, please note that we do not store your credit card details – this is all stored in the payment gateway or facility provider’s system, therefore when entering your financial details, you are agreeing to the terms and privacy policy of that third party provider, and hold us harmless for any issues relating to your interaction with that vendor. We cannot delete any information you provide to the third party provider or invoices generated by them, as this data is not within our control.
23. We will not store any of your financial data such as passwords or credit card numbers on our website or in our systems – if you provide such details to Square or any other the third party payment facility service provider, they will be wholly responsible for appropriate storage of your data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility.
24. We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.
Use of the Site &/or App and Prohibited Activities
25. You agree not to use the Site &/or App or any of our social media applications, or in any forum where we are active (or contact any other member of our Site &/or App) to:
a. defame, abuse, harass, stalk, threaten or otherwise offend others;
b. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
c. impersonate or create a profile for any person or entity;
d. promote, or provide information about, illegal activities or conduct;
e. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
f. exploit any person under the age of 18, or to solicit information from anyone under 18; or
g. solicit money, passwords or personal information from any person.
26. You also agree not to:
a. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site &/or App;
b. “frame” or “mirror” any part of the Site &/or App without our prior written authorization;
c. use code or other devices containing any reference to the Site &/or App to direct other persons to any other web page;
d. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site &/or App or cause any other person to do so.
27. Unauthorised framing / linking to the Site &/or App is prohibited.
28. We have no obligation to monitor any User’s engagement with our Site &/or App, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request and ensure any User is acting in strict accordance with these Terms of Use and the Privacy Policy.
Intellectual Property
29. We (or one of our subsidiaries/associates) own and retain all proprietary rights in and relating to the Site &/or App and our Services. Proprietary rights in and relating to the Site &/or App must not be used in any way without our prior written consent.
30. Any design you request, and we create, will be and remain our intellectual property to the extent that such parts of the design are not already owned by a third party.
31. You warrant that any content that you post or transmit on the Site &/or App, or otherwise transmit to any other member of our Site &/or App by any means whether on social media applications or any forum online or in person, will not infringe the intellectual property rights of any third party.
32. Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your designs and any content posted on our social media applications or any forum online or in person when speaking about our Services or Forever Art in any capacity whether directly or indirectly, and for any purpose. You warrant that you have the right to grant us such rights.
33. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on our Site &/or App, or otherwise transmitted to any member of our Site &/or App, other than their own content, without our express written permission.
34. If you believe that any content has been posted or transmitted on the Site &/or App, or otherwise transmitted to any member of our Site &/or App by any other means, in violation of your rights, please send us an email via the Contact Us page.
External Activities
35. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (“External Activities”).
36. External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk.
37. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
38. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
Third Party Websites, Apps and Integrations
39. From time to time, the Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Site &/or App entirely at your own risk.
40. From time to time, the Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of Liability and Indemnity
41. You acknowledge that you use the Site &/or App at your own risk.
42. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App or our social media pages, or any other members’ or third party suppliers’ use of or conduct in connection with the Site &/or App or our social media pages, in any circumstance.
43. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site &/or App or our social media pages, including any breach by you of the Terms of Use.
44. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Site &/or App. In particular, we do not make any representations or warranties that the Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site &/or App.
45. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable Service or feature on the Site &/or App purchased by you during the term of your membership.
46. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
Termination and suspension
47. You may terminate your membership of the Site &/or App for any reason only by providing written notice to us. You can provide notice of termination by:
a. selecting ‘cancel account’ within your Account settings and following the instructions;
b. mailing it to our postal address listed on the About Us page; or
c. emailing us via the Contact Us page.
48. Upon receiving your request to terminate your account, we will raise a support ticket to manage this process and anticipate it will be completed within 30 days of receipt of your request.
49. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
a. suspend your membership;
b. permanently or temporarily hide all or part of your member profile;
c. modify your member profile;
d. terminate your membership for any reason by providing notice to you by email;
e. terminate your membership immediately without notice to you if you have committed a breach of the Terms of Use;
f. deactivate your membership if you have not used the Site &/or App for a period of 12 months or more (from the date of last use); and/or
g. permanently or temporarily block your access to all or part of the Site &/or App.
General
50. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site &/or App.
51. The Terms of Use represent the entire agreement between you and us regarding your use of the Site &/or App. No other discussion, agreement, understanding or representation will be relevant unless it is specifically addressed in these Terms of Use, the Privacy Policy or any update to either in the future.
52. If any provision of the Terms of Use is held to be invalid, that provision may be severed such that the remainder of the Terms of Use shall continue in full force and effect.
53. You agree that the Terms of Use will be governed by the laws of Queensland.
