Terms and Conditions

Yes, it is boring. But it is important.

Introduction

This website is owned and operated by Acorn Media owned by Kiera Kelly (ABN 95927612371) and is here in referred to as ‘the project’ and/or ‘the web site’ and/or ‘the site’. Access to the web site is subject to the user’s acceptance and agreement with the terms, conditions, notices and disclaimers contained herein. Use of, and/or access to, the web site constitutes agreement to the Terms of Use. The Project owner reserves the right to amend the Terms of Use at any time. Since users are bound by the Terms of Use, they should periodically refer to them in this document and elsewhere on the web site.

Privacy Policy

The web site owner warrants that all personal information submitted by visitors to the web site will remain the confidential property of the site owners and will not be intentionally sold or given to any third party under any circumstances.

Restrictions on use of content and intellectual property the web site

All materials, text, graphics, information, software and advertisements on the web site is Copyright © The Project, the authors and managers and partners and/or licensors unless expressly indicated otherwise on the web site. The content is protected by International and Australian trademark and copyright laws. The contents of the web site is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of The Project, except where authorised on the web site, or is expressly authorised in writing by The Project or its authorised partners or members. Strictly on the condition that users keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The web site must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of The Project or a partner or member or which is prohibited by the Terms of Use.

Public use of the web site

The Project web site contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. The Project will monitor and review the contents of the web site. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of The Project is in any way objectionable or in violation of any applicable law or the Terms of Use, The Project has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is The Project responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the web site are solely their own). The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. The Project reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to The Project

By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to The Project a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material: 1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of The Project and any other party authorised by The Project all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of The Project, and expense of the user, the user will execute and deliver to The Project such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of The Project, and The Project is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. The Project provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Project or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by The Project or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not necessarily made by The Project, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. The Project is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to The Project terms of use.

Limitation of liability and Disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by The Project of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). The Project does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) The Project and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Project does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) The Project does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not The Project) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of The Project) will The Project or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that The Project does not exert control over users of the web site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, The Projects’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Project to the following: in the case of services supplied or offered by The Project, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Project, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by The Project, and The Project may terminate this agreement and users’ access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all The Project disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

The Project relies on the user’s continued observance of these Terms of Use. If The Project suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify The Project for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where The Project is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or un-enforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

Storage of Customer Information

The Protector does not store or receive any credit card details used through the online shop. All credit card transactions are processed through Stripe a third party supplier.

Information for the purpose of contacting a subscriber or a purchaser is stored in The Protectors secure data base and is strictly used for the intended purpose only.It is not released to any parties outside of Stripe.

This website is protected by

Dreamhost

Due to the nature of the items being purchase through the online shop delivery times are not applicable.

Online Purchasing

The Projector does not operate a multi currency merchant facility. Prices displayed and purchase made through the online shop are in Australian Dollars (AUD) only.

A 3% merchant service fee applies to all purchases, inclusive of GST, that are made using American Express and Diners Club Cards.

Refunds for Online Purchases

The Project does not offer any refund on E-Guides unless the

E-Guide, in the PDF format, itself is faulty. This does not cover any software limitations the purchaser may have which renders them unable to view the document.

The Project will offer a refund on any workshop purchase if:

The workshop is canceled

The date of the workshop or location is changed without giving 14 days notice to the purchaser if extenuating circumstances arise.

Any further queries regarding terms of use or to cancel a transaction please contact

Acorn Media

206/47 Shoalhaven Heads Road, Shoalhaven Heads NSW 2535

Ph: 0450 885 872

Email: hello@acorn-media.comABN 95927612371

Acorn Media (ABN 95927612371)(“we” or “us”) have created this privacy policy to demonstrate our commitment to protect the privacy of the individuals with whom we deal and comply with the applicable privacy laws. We collect, hold, use and disclose your personal information in accordance with the applicable privacy laws and this privacy policy.

You may choose not to give your personal information to us. However, if you choose not to give us your personal information we may not be able to provide our services to you. By providing us your personal information you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy.

The information we collect and how we collect it

The types of personal information/personal data that we collect directly from you or from third parties may include (but is not limited to) your name, address, email, telephone numbers, job title and industry.

Whenever it is reasonable and practicable to do so we will collect information about you directly from you. However, we may also collect information about you (including personal information) from other sources including publicly available sources such as Twitter, LinkedIn profiles, company websites, online directories and/or third parties. No matter whether we collect your personal information directly from you or from/via third parties, we will use, manage, hold and disclose your personal information in accordance with the applicable privacy laws and this privacy policy.

Some of the ways we may collect personal information from you include via websites, by subscribing to our services through our direct marketing sign up forms or cookies.

How that information is used

We may use your personal information for the following purposes:

  • To provide the requested products and/or services to you;
  • To investigate and respond to claims from you;
  • To contact you, where necessary;
  • To tailor your experience on our website and to direct you to content we believe will be of interest to you;
  • To refine our database;
  • For product development;
  • Unless you have indicated otherwise, opted-out or it is prohibited by applicable laws, to provide information about products and services which we expect may be of interest to you. However, in each marketing message you will be provided with the ability to opt-out from receiving future marketing messages.
  • Other purposes required or permitted by applicable law.

Who we disclose that information to

We may disclose your personal information to service providers who provide services in connection with our products and services, for example who produces our invoices. Where a disclosure is made to a third party for the purposes of processing your personal information on our behalf, we will ensure by using contractual or other means that disclosed personal information is (i) not kept at the data processor/service provider for longer than is necessary for the purpose of processing the information/providing the service to us and (ii) protected from unauthorised or accidental access, processing, erasure, loss or use.

Before disclosing your information to an offshore third party we will undertake an appropriate level of due diligence to assure ourselves that the offshore third party is capable of complying with the requirements of the applicable privacy laws.

Keeping information accurate and up to date

We take reasonable steps to ensure that all information we hold is as accurate as is possible. You are able to contact us at any time (via the “Contact Details” below) and ask for its correction if you feel the information we have about you is inaccurate or incomplete.

Keeping information secure

We take all practicable steps to protect your personal information from misuse, interference, loss, unauthorised or accidental access, and modification, processing, erasure or disclosure.

How you can access your information

You can contact us to request access to your information at our “Contact Details” below. Once we have verified your identity, in normal circumstances we will give you full access to your personal information that we hold. However, there may be some legal or administrative reasons to deny access. If access is denied, we will provide you with the reason why.

Acorn Media Cookies

A cookie is a small data file that contains information about a visit to a web site. This information is provided by an individual’s computer the first time it visits a web server. The server records this information in a text file and stores this file on the hard drive. When that individual visits the same web site again the server looks for the cookie and structures itself based on the information provided.

Most browsers are initially set up to accept cookies, but they can be reset to refuse all cookies or to warn you before accepting cookies. We use cookies to help us improve our service to visitors to our site and to ensure that our site stays easy to navigate and useful.

Links

Acorn Media cannot guarantee or accept responsibility for the privacy practices or the content of websites to which we provide links.

Complaints

If you have a complaint about how we have collected, used or disclosed your personal information, or if we have not corrected or provided you access to your personal information, then you may contact us at our “Contact Details” to make a complaint.

Changes to the privacy policy

Please continue to check our privacy policy regularly for any changes. By providing additional personal information or continuing to use our services after we have notified you of changes to our privacy policy you will be deemed to have accepted those changes to our privacy policy.

Contact Details

Acorn Media

206/47 Shoalhaven Heads Road Shoalhaven Heads NSW 2535

Ph: 0450 885 872

Email: hello@acorn-media.com

ABN 95927612371

 

In this agreement “we” “us” or “our” means Acorn Media (ABN 95927612371) and “you” means the client. We will provide the Services to you from the commencement date subject to these terms and conditions. If you wish to engage us for any period after the completion of the Services, we will negotiate a mutually acceptable arrangement.

Our obligations

We will:

  • Provide the Services in a conscientious, timely and professional fashion;
  • Not do anything which may cause the reputation or goodwill of your business to be detrimentally or prejudicially affected;
  • Comply with your reasonable directions; and
  • Provide staff and equipment sufficient to carry out the Services.

Standards

We warrant that we have the necessary professional skills to perform the Services.

Termination

Either you or we can terminate this agreement at any time by giving at least 1 days notice.

You can terminate this agreement at any time by giving written notice effective from the date of the notice if we breach these terms and conditions and fail to rectify that breach, or we cease to provide the Services or we are insolvent.

Fees and payments

You will pay us the fees and allowances as set out in an agreed Schedule.  You must pay us in accordance with our usual trading terms as set out in the Schedule.

If this agreement is terminated before the Services are completed, you will pay us all fees for Services performed up to the date of termination, including for Services performed during any period of notice given by one party to the other party.

We will be entitled to recover from you our reasonable legal costs and expenses for bringing and maintaining legal and other any action to recover outstanding debts. 

We will not provide Services in excess of the agreed services specified in the Proposal without your prior written consent.

Non-exclusivity

You acknowledge that we may enter into similar arrangements with other customers to provide similar and other services to those other customers.  We will not provide similar services to your competitors during the period in which we are providing the Services to you.

Conflict of interest

We must notify you of any matter that may give rise to an actual or potential conflict of interest.

Confidentiality

If we have access to or become acquainted with confidential information concerning your business and customers, we will not at any time while we are providing the Services or after the end of this agreement:

  • copy or use the confidential information for any purpose other than for your the benefit without your consent; or
  • disclose the confidential information to any other person except in the proper performance of the Services or with your consent, except where the confidential information is required to be disclosed by Law.

Intellectual property

You will own all the strategy documents and working papers produced by us.  Also a non-transferable licence to use to use the Materials produced by us exclusively for you, provided that you have paid all moneys due and payable to us in respect of the Services provided to you.

We will own all the intellectual property rights in all Acorn Media materials (“Materials”) such as brand workshop process documents, our proprietary process and approach.

Business Name, Domain Name & Trademark Name Registrations

Once we have developed your logo and corporate identity, you may want to ensure its legal protection for various reasons.

  • Registration of the Business Name is your duty and does not fit into the scope of our marketing assignment. We may do initial searches to review name availability and direct you to the correct place to register your name, however this does not guarantee the availability of the name, and the registration of your business or company name remains your responsibility.
  • Domain Names need to be registered by you, Acorn Media will not register these on your behalf. Domain Names availability can be simply checked on the internet, which we may do as part of our corporate ID process, however the domain name registration is your responsibility.
  • A trademark can also be a useful marketing tool forging an association of value in the customer’s mind with your goods and services. Trademark Registration is a specialised legal field and beyond the scope of our responsibility, but we are able to refer you to a legal specialist who can offer you the right legal advice.

     

    The items

    • The licensed artworks include logo suite and custom illustrative elements. The items will be used under the brand with Acorn Media authorship and copyright acknowledged where possible.
    1. License and responsibilities 
    • Acorn Media grants the exclusive, perpetual and worldwide right and license to use, reproduce, adapt, modify and display the Creative Assets supplied solely in connection with the promotion and marketing of the business.
    • The Client does not have the right to generate a profit from the inclusion of any design or illustrative element supplied by Acorn Media on any sale item without the approval of Acorn Media. You will advise Acorn Media of any planned items offered for sale to the public as part of a specific campaign and will abide by the royalty conditions outlined.

      Public Relations As our Client you are expected to:

      • Provide access to people as and when required and respond promptly, to especially journalists and media enquiries.
      • Appraise staff and other necessary parties of our activities.
      • Provide at your expense any information, materials, samples and assistance as we shall reasonably require to provide the services.
      • Be responsible for the accuracy, truth and completeness of any information given and for the actions or omissions of any persons providing assistance to us on your behalf.
      • Respond to enquiries and requests for information promptly.
      • Ensure that the use and reproduction of all artwork, copy and other work provided by you to us will not infringe or be alleged to infringe any third parties’ intellectual property rights.

      Legal Liability

      All services performed will be governed by the Laws of all the States and Territories of Australia including Federal Laws.  All work will be conducted in accordance with the relevant standards and ethical requirements of the media laws of Australia.

      Acorn Media shall not be liable for any delay in, or omission of, publication or transmission or any error in publication, unless caused or contributed to by an act or omission of the Consultancy.

      Creative licences

      Notices

     

  • Any notices or other communications will be sent to your address as set out in the Schedule unless you advise us of another address is notified to of contact person.

    Any further queries regarding terms of use or terms and conditions of engagement please contact

    Contact Details

    Acorn Media

    206/47 Shoalhaven Heads Road

    Shoalhaven Heads NSW 2535

    Ph: 0450 885 872

    Email: hello@acorn-media.com

    ABN 95927612371

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