TERMS OF SERVICE

This website is operated by Wild Creek Graphics ABN 52 245 287 676.

Throughout this website the terms we, us and our refer to Wild Creek Graphics.

By accessing this website, purchasing from us or engaging our services you agree to these Terms of Service and any policies referred to within them.

These Terms apply to all website visitors, customers and users of our services.

1. ONLINE STORE

Our online store is operated through Shopify which provides the e-commerce platform used to offer our products and services.

All prices displayed on our website are in Australian Dollars unless otherwise stated.

You must not use this website or our services for any unlawful purpose or in a manner that infringes the rights of Wild Creek Graphics or any third party.

You must not introduce malicious code, viruses or other material intended to interfere with the operation or security of the website.

We reserve the right to refuse service or cancel an order where reasonably necessary including where we suspect fraud, unlawful activity, intellectual property infringement or misuse of our services.

2. PRODUCTS AND SERVICES

We make reasonable efforts to ensure product descriptions, images, colours, specifications and pricing are accurate.

Colours may appear differently between screens, devices, materials and production processes and exact colour matching cannot always be guaranteed unless expressly agreed in writing.

Products and services may be changed, withdrawn or discontinued at any time.

Availability may be limited and we reserve the right to limit quantities or refuse orders where reasonably necessary.

Orders are subject to our applicable Returns Policy and any rights available under Australian Consumer Law.

3. CUSTOM PRODUCTION

Custom printing, artwork, design, film, production and other commissioned services are produced according to the scope agreed with the customer.

Customers are responsible for reviewing and approving proofs, artwork, specifications, quantities, dimensions, colours, spelling and other production details where approval is requested.

Once production has commenced changes may not be possible and additional work may incur further charges.

Production methods may result in reasonable variation between individual items or production runs.

Unless expressly agreed otherwise in writing production and delivery timeframes are estimates only.

Delays may occur because of equipment failure, supplier shortages, freight disruption, technical issues, weather or circumstances outside our reasonable control.

To the maximum extent permitted by law Wild Creek Graphics is not responsible for indirect or consequential loss arising solely from such delays.

4. CUSTOMER-SUPPLIED ARTWORK AND CONTENT

Where you supply artwork, photographs, illustrations, logos, trade marks, written material or other content for reproduction you confirm that you own that material or have the necessary rights and permissions to authorise its use.

You are responsible for ensuring that material supplied to Wild Creek Graphics does not infringe copyright, trade mark rights, privacy rights or any other rights of a third party.

By supplying material for production you grant Wild Creek Graphics a limited non-exclusive licence to reproduce, modify, process and handle that material only to the extent reasonably necessary to provide the requested products or services.

Wild Creek Graphics may refuse production where ownership or authority is unclear or where infringement, unlawful use or misuse is reasonably suspected.

You remain responsible for claims arising from material supplied by you where Wild Creek Graphics has acted according to your production instructions.

5. DIGITAL FILES

Where completed work is supplied as digital files Wild Creek Graphics does not guarantee indefinite archival storage or future replacement of those files after delivery.

Customers are responsible for maintaining their own copies and backups once digital files have been supplied.

6. ORDERS AND PAYMENT

You agree to provide accurate and current billing, delivery and contact information when placing an order.

We reserve the right to refuse, limit or cancel an order where reasonably necessary including where an order appears fraudulent, incorrectly priced or intended for unauthorised resale or misuse.

Where an order is cancelled after payment we will process any refund required by law or otherwise agreed with the customer.

Pricing errors, stock errors or other obvious website inaccuracies may be corrected after an order is placed.

Where an error materially affects an order we may contact you to offer a correction, substitution or cancellation.

7. DELIVERY

Delivery and freight timeframes are estimates unless expressly guaranteed by the relevant carrier.

Once an order has been dispatched delivery may be affected by the carrier, weather, remote access, customs or other matters outside our control.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded.

8. PRODUCTS PURCHASED FOR RESALE

Where products are purchased for resale the purchaser is responsible for their subsequent marketing, handling, storage, resale and use.

Wild Creek Graphics does not control representations made by resellers after the products have been supplied.

Nothing in this section excludes any obligation or consumer guarantee that cannot lawfully be excluded.

9. WEBSITE CONTENT AND INTELLECTUAL PROPERTY

All Wild Creek intellectual property including films, photographs, illustrations, graphics, written material, website content, logos and branding remains owned or controlled by Wild Creek Graphics unless expressly stated otherwise.

Nothing in these Terms grants permission to reproduce, republish, distribute, adapt or commercially exploit Wild Creek material.

Use of Wild Creek material is further governed by our Copyright Enforcement & Media Use Policy.

You must not copy, scrape, archive, reproduce, modify, distribute, commercially exploit or interfere with protected website content except where expressly authorised or otherwise permitted by law.

10. THIRD-PARTY LINKS AND SERVICES

Our website may contain links to third-party websites or use third-party services.

Wild Creek Graphics does not control those services and is not responsible for their content, availability, security or independent terms and policies.

Use of third-party websites and services is at your discretion and may be subject to separate terms imposed by those providers.

11. PERSONAL INFORMATION

The collection, storage, use and disclosure of personal information is governed by our Privacy Policy.

By using our website or providing personal information you acknowledge that your information will be handled in accordance with that policy.

12. USER COMMUNICATIONS AND SUBMISSIONS

You must not submit material through our website, email, social platforms or other communication channels that is unlawful, defamatory, threatening, malicious or infringes the rights of another person.

You are responsible for the accuracy and legality of material you submit to us.

We may refuse, remove or disregard submissions that we reasonably consider unlawful, abusive, fraudulent or inappropriate.

Unless specifically agreed otherwise the submission of an idea, proposal or unsolicited creative concept does not create an obligation for Wild Creek Graphics to use, compensate or enter into an agreement regarding that material.

13. PROHIBITED USE

You must not use this website or our services to:

• engage in unlawful activity
• infringe intellectual property rights
• impersonate another person
• submit false or misleading information
• distribute malicious code
• interfere with website security or functionality
• scrape or harvest information through unauthorised automated means
• obtain or misuse personal information belonging to others
• circumvent technical or security measures
• use Wild Creek branding or material in a misleading or unauthorised manner.

We may restrict or terminate access where these Terms are breached.

14. WARRANTIES AND LIABILITY

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under Australian Consumer Law or other applicable law.

Subject to those rights and to the maximum extent permitted by law Wild Creek Graphics does not guarantee that the website will always be uninterrupted, error-free or continuously available.

We are not responsible for loss arising solely from circumstances outside our reasonable control.

To the maximum extent permitted by law Wild Creek Graphics is not liable for indirect, incidental or consequential loss arising from the use of our website, products or services except where that liability cannot lawfully be excluded.

15. INDEMNITY

To the extent permitted by law you are responsible for loss, liability or reasonable legal costs suffered by Wild Creek Graphics as a direct result of:

• your breach of these Terms
• unlawful material supplied by you
• infringement arising from content you instructed us to reproduce
• fraud, misrepresentation or unlawful use of our services.

This provision does not apply to the extent that the loss was caused by Wild Creek Graphics.

16. TERMINATION

We may suspend or terminate access to our website or services where a user materially breaches these Terms, engages in unlawful activity or misuses our services.

Any payment obligations, intellectual property provisions or other rights intended to survive termination will continue to apply after termination where appropriate.

17. CHANGES TO THESE TERMS

We may update these Terms by publishing a revised version on our website.

The version published on our website will be the current Terms of Service.

Changes will apply from the date of publication unless otherwise stated.

18. GOVERNING LAW

These Terms are governed by the laws of Western Australia and applicable laws of the Commonwealth of Australia.

The parties submit to the jurisdiction of the courts of Western Australia and courts entitled to hear appeals from those courts.

19. RELATED POLICIES

These Terms should be read together with our:

• Privacy Policy
• Copyright Enforcement & Media Use Policy
• Returns Policy
• Shipping or Delivery Policy where applicable.

Where a specific policy deals with a particular subject it will apply to that subject together with these Terms.

20. CONTACT

Questions regarding these Terms of Service can be directed to:

Wild Creek Graphics
ABN 52 245 287 676

Via the contact page on our website.