TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the engagement of services provided by Creative Visions to members of the public and private.
Creative Visions is a humanitarian not-for-profit, tax exempt, non-government community organisation. Our mission is to support communities to improve all aspects of life through creative based projects, services and goods.
“Community Feeds, “CreatID”, “Creative Hands” and “Open Space” (herein after referred to as Projects) are all Projects operated by CREATIVE VISIONS.
By engaging CREATIVE VISIONS and its Projects, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available through; our website, online or offline courses or by other forms of correspondence is the property of Creative Visions. This includes, but is not limited to images, text, logos, documents, artwork proofs, downloadable files and anything that contributes to the composition of the services and goods we offer.
Sharing of content and correspondence is not permitted and violation of the these terms of Intellectual Property will see a minimum fine of AUD$10,000 imposed per offence.
Acceptable Use
As a user of our goods and services, you agree to use our goods and services legally, not to use our goods and services for illegal purposes, and not to:
Harass or mistreat other users of our goods or services;
Violate the rights of other users of our goods or services;
Violate the intellectual property rights of Creative Visions, it’s Projects or any third party that contributes to the goods and services provided;
Act in any way that could be considered fraudulent; or
Publicly post any material online or offline that may be deemed inappropriate or offensive.
If we believe you are using our goods or services in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our goods and services. We also reserve the right to take any legal steps necessary to prevent you from accessing our goods and services.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available by Creative Visions and it’s Projects.
The goods and services provided will remain the property of Creative Visions until paid for in full. In all cases, other than when mutually agreed, payment terms are strictly payment upon supply of invoice, this may in instances be prior to the delivery completed goods and services. If a change in payment terms is desired, a formal email to hello@creativevisionscommunity.org is required and will be reviewed as necessary before a notice of outcome is supplied to applicant.
We also reserve the right to take any legal steps necessary to retrieve unpaid funds for supplied goods and services. This may also include access to private/public property to retrieve goods without notice, that have not been paid in full. Your agreement to these Terms and Conditions acknowledges your permission to do so. Creative Visions and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, liabilities and expenses including legal fees arising from the losses and/or damages of Client property whilst retrieving unpaid goods.
All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the supply of goods from third party suppliers where applicable.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods;
a) EFT – Bank transfer. Refer to bank details provided upon invoice provided.
b) CASH – Payment accepted in person only.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from Creative Visions, the goods will be delivered through one of the following methods:
Tracked delivery by post. Delivery typically takes 5 – 7 business days.
Courier – Delivery time varying on location.
Personal delivery – Delivery time will be confirmed prior.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.
Base fee charged for the delivery of the goods you purchase, is determined by volume weight and location of delivery. Delivery fees will be quoted prior to shipment, unless otherwise indicated.
If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
Refund requests must be made within 7 days after receipt of your goods, by emailing administraion at hello@creativevisionscommunity.org
We accept refund requests for goods sold for any of the following reasons, unless incorrect details for goods have been approved by customer upon order:
Good is broken, or unfit for intended use;
Good does not match description; or
Good is the wrong size.
Refunds do not apply to the following:
Used items/goods, damaged goods outside of Creative Visions operations, eg by frieght/ transport companies, or where there is a change of mind by customer/client
Online Courses, whereby the purchaser has received access to the intellectual property
Webinars, courses or classes whereby the date of the class has past and the purchaser was a no show
Refunds for Services
We do not provide refunds for services that have been completed, this includes travel time to site, even if services have not been completed in full.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Creative Visions and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your purchase of goods of services. Creative Visions and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, liabilities and expenses including legal fees arising from the losses and/or damages of Client property whilst under the care of Creative Visions. By leaving client property under the care of Creative Visions, you accept that you have arranged personal insurance to cover all items.
Indemnity
Except where prohibited by law, by engaging Creative Visions for goods or services you indemnify and hold harmless Creative Visions and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of goods or services or your violation of these Terms and Conditions.
Applicable Law
This Agreement will be construed in accordance with and governed by the laws of Equity and tort law
regarding trespass on IP and Creative Visions reserves the right to exercise discretion in resolving a conflict
shall it arise and determine a resolution through an arbitration service so authorised and other
organisations such as WIPO, Paris convention, 6tier, UPU and International private model law for
Private Associations.
Note: No State or state shall impair the obligation of this contract.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Creative Visions are unable to resolve any dispute through informal discussion, then you and Creative Visions agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Creative Visions. The costs of any mediation will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Creative Visions agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate Creative Visions to ensure a enjoyable experience for our customers. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
hello@creativevisionscommunity.org
Effective Date: 3rd day of March, 2022. Revised Edition 1.3 – 14/06/2024