Website Terms of Use

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

Our Intellectual Property includes photography, videography, branding, design work, case studies and other creative material we produce, including material created for or in connection with client projects which we display on the Site for marketing and portfolio purposes in accordance with our agreements with those clients. All such material remains our Intellectual Property (or, where applicable, is used by us under licence) unless we expressly agree otherwise in writing.

We authorise you to access and use the Site solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

• copy or use, in whole or in part, any of Our Intellectual Property;
• reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property;
• breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property; or
• use any of Our Intellectual Property, including our photography, videography, branding or design work, to develop, market or promote your own or any third party's goods or services, or otherwise use it for a commercial purpose, without our prior written consent.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

• you do not assert that you are the owner of the Content or Our Intellectual Property;
• unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
• you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
• you comply with all other terms of these Terms.

You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

• anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
• using the Site to defame, harass, threaten, menace or offend any person;
• using the Site for unlawful purposes;
• interfering with any user of the Site;
• tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
• using the Site to send unsolicited electronic messages;
• using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
• facilitating or assisting a third party to do any of the above acts.

The Site may contain links to websites operated by third parties and may use third-party platforms (such as booking or scheduling tools) to operate certain features of the Site, including our consultation booking form. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content or functionality on those websites or platforms. We recommend that you make your own investigations with respect to the suitability of those websites or platforms. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy sets out how we will collect and handle your personal information.

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

These Terms are governed by the laws of the Australian Capital Territory. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the Australian Capital Territory and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

The Site allows you to submit enquiries to us, including through our general enquiry form and our consultation booking form. By submitting a form, you consent to us contacting you using the details provided for the purpose of responding to your enquiry or scheduling a consultation.

You must ensure that any information you submit through our forms is accurate and not misleading. We are not responsible for any delay or failure to respond to an enquiry caused by inaccurate or incomplete information provided by you.

Submitting an enquiry or booking a consultation does not, by itself, create a contractual relationship between you and us. Any services we agree to provide will be subject to a separate agreement.

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

For any questions and notices, please contact us at:

Emporium Express Pty Ltd T/A JCreate Digital Agency, ABN 93 671 518 166
Level 1, 10 Campion Street, Deakin ACT 2600
info@jcreate.com.au