Terms & Conditions

Introduction

This website at URL dunkingbirddesigns.com inclusive of any sub-domains (the Website) is owned and operated by Infinite Alchemy Pty. Ltd. (ACN: 601 570 138; ABN 90 601 570 138).

'DunkingbirdDesigns', ' DunkingbirdDesigns.com', 'we', 'us' and 'our' all mean Infinite Alchemy Pty. Ltd.

These Terms & Conditions are important and govern your use of this Website. Please ensure you read them fully and understand their meaning.

In using this Website you agree to be bound by these Terms & Conditions. We may amend these Terms & Conditions from time to time without notice and your continued use of the Website following any such amendment will be confirmation of your acceptance of the amendments.

DunkingbirdDesigns reserves the right to change these Terms & Conditions at any time and without notice.

If you do not agree with the Terms & Conditions please do not use the Website.

Infinite Alchemy Pty. Ltd. is registered for Goods & Services Tax (GST) in Australia from 19 April 2020 and GST will be applied and collect to all sales from customers based in Australia from that date.

Intellectual Property Rights

DunkingbirdDesigns is the owner of all right, title and interest (including present and future copyright) in the Website.

All material including domain names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (Material) are owned exclusively by DunkingbirdDesigns or others who have licensed their material to DunkingbirdDesigns unless expressly indicated otherwise.

Description of Services

DunkingbirdDesigns.com provides a service to design custom logos and supply printed clothing to customers.

Your Use of the Website

This Website may be used only only in conformity with all applicable local, national, and international laws, rules and regulations and these Terms and Conditions.

Any kind of utilization of the Website by any individual under 18 is strictly prohibited and in violation of these Terms & Conditions.

Subject to your compliance with Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, limited, freely revocable permission to use the Website as permitted by the features of the Website.

We may, without previous notice, change, create usage limits or stop providing the service or features of the Website to users. We may temporarily or permanently suspend your access without notice and liability for any reason or no reason, including if in our sole determination you violate any provision of these Terms & Conditions. You continue to be bound by these Terms & Conditions upon termination.

You understand and consent that any information, record and site content located on DunkingbirdDesigns' infrastructure may, without prior notice and with no liability of any kind, be modified, moved, transmitted or removed at any time unconditionally and at DunkingbirdDesigns' sole discretion. DunkingbirdDesigns does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data located on DunkingbirdDesigns' infrastructure.

By providing DunkingbirdDesigns your email address you consent to our using this email address to send you service-related notices, including any notices required by law. You may elect whether you receive other messages (such as marketing messages) from us.

You must notify us via email to support [at] DunkingbirdDesigns dot com if you wish to permanently delete your data.

Your Responsibilities

You agree not to engage in any of the following prohibited activities:

- trying to hack the system integrity and security of the website;

- sending spam and unrequested email;

- posting invalid data, viruses, worms, or other software agents through the service;

- taking any action that imposes, or may impose in our sole assessment an unreasonable or disproportionately significant load on our infrastructure;

- interfering with the proper working of the Website;

- using any technology or means other than those provided or authorized by the Website to access any content within it;

- impersonating another person or misrepresenting your affiliation with a person or entity;

- conducting fraud; and

- accumulating or harvesting any personally identifiable information, including account names, from the Website.

The Website permits users to post information to our team. You agree not to post user content that:

- may produce harm, physical or mental injury or illness, emotional distress, death, loss, disability, disfigurement, to you, to any other person, or to any animal;

- attempts to harm or manipulate children by exposing them to inappropriate material, requesting for private identifiable details or otherwise;

- may constitute a civil wrong or contribute to a crime;

- includes any info or content that we consider to be illegal, unsafe, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, or otherwise objectionable;

- may reveal insider information under securities law or of another party's trade secrets;

- consists of any information or content that you do not have a right to make available under any law; and

- data that you know is not accurate and correct.

You agree, represent and guarantee the following:

Your content and DunkingbirdDesigns' use thereof as governed by these Terms & Conditions will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

You shall be solely responsible for your content and the consequences of posting or publishing it.

You agree that DunkingbirdDesigns.com takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or sends over the Website.

You are solely responsible for operating any of any accounts outside of the Website in compliance with any terms of service or conditions as prescribed by the relevant provider of that service. You agree that DunkingbirdDesigns takes no responsibility and assumes no liability arising as a consequence of your non-compliance with the terms of service or conditions of any third party.

You agree DunkingbirdDesigns shall not be liable for any damages you allege or incur as a result of exposure to content that is incorrect, objectionable, improper for children, or unsuited to your purpose.

You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Materials except as expressly authorised either in the Website or these Terms & Conditions or as authorised in writing by DunkingbirdDesigns.

You must not use any automated software or technology to use, access or scrape the Website or Materials in any way.

Indemnity

You consent to indemnify, protect, and hold DunkingbirdDesigns and its subsidiaries, agents, licensors, contractors, managers, affiliated companies, and their employees, officers and directors harmless from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

- your use of the Website, including any information transmitted or received by you;

- your violation or breach of any term of these Terms & Conditions;

- your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; or

- your violation of any applicable law, rule or regulation.

No Warranty

This Website's content and services are provided on an "as is" and "as available" basis. Use of the website is at your own risk to the maximum extent permitted by applicable law. The Website is offered without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, on non-infringement. No advice or information, whether oral or written, obtained by you from DunkingbirdDesigns or through the website will create any warranty not expressly stated herein. Without limiting the foregoing, DunkingbirdDesigns, its subsidiaries and licensors do not warrant that:

- the content is accurate, reliable, correct or will meet your requirements;

- the Website will be available at any time or location uninterrupted and secure;

- the service is free of viruses; or

- any defect or errors will be corrected.

Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website;

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall DunkingbirdDesigns, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will DunkingbirdDesigns be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, DunkingbirdDesigns assumes no liability or accountability for any:

- errors or mistakes of content;

- personal injury or property damage of any nature;

- unauthorized access to or use of our infrastructure;

- interruption of transmission to or from the website;

- bugs, viruses or trojan horses that may be transmitted through the Website by any third party;

- errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the website; or

- user content or the defamatory, offensive or illegal conduct of any third party.

In no event shall DunkingbirdDesigns, its affiliates, agents, directors, employees suppliers or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if DunkingbirdDesigns has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

DunkingbirdDesigns acknowledges that the laws in certain jurisdictions may imply warranties and conditions or impose obligations on the supply of goods and services through the Website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction DunkingbirdDesigns limits its liability.

Privacy

Please refer to DunkingbirdDesigns' Privacy Policy for details on our approach to privacy, including GDPR for residents of the European Union (EU).

Applicable Law

These Terms & Conditions will be governed by and construed in accordance with the laws of the Australian Capital Territory, Australia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.

If any provision in these Terms & Conditions is found to be invalid or unenforceable by a court of the Australian Capital Territory, such invalidity or unenforceability will not affect the remainder of these Terms & Conditions which will continue in full force and effect.

Please contact us support [at] DunkingbirdDesigns dot com with any questions regarding these Terms & Conditions.