TERMS
&
CONDITIONS

Terms and Conditions

 

August Studios

ABN 32 735 914 313

 

Welcome to August Studios,

These terms and conditions outline the rules and regulations for the use of August Studios's Website. August Studios is located in Australia. For all tax and business purposes is registered as an Australian business. This Agreement shall begin on the date hereof 15th July 2019.

 

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use August Studios's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

General Terms

This website is owned and operated by August Studios. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors physical and digital products available for purchase and/or license. We may add or remove additional services such as membership areas and subscription services without notice. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

Ownership of intellectual property, copyrights, licenses and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of August Studios. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Website Visitors

Like most website operators, August Studios collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. August Studios's purpose in collecting non-personally identifying information is to better understand how August Studios's visitors use its website. From time to time, August Studios may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

August Studios also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on http://www.auguststudios.com.au blog posts. August Studios only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

 

Gathering of Personally-Identifying Information

Certain visitors to August Studios's websites choose to interact with August Studios in ways that require August Studios to gather personally-identifying information. The amount and type of information that August Studios gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at http://www.auguststudios.com.au to provide a username and email address.

 

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

Advertisements

Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognise your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by August Studios and does not cover the use of cookies by any advertisers.

 

Links To External Sites

Our Service may contain links to external sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.

www.auguststudios.com.au may use Google AdWords for remarketing

www.auguststudios.com.au uses the remarketing services to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven't completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone's past visits. Of course, any data collected will be used in accordance with our own privacy policy and Google's privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

 

Protection of Certain Personally-Identifying Information

August Studios discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organisations that (i) need to know that information in order to process it on August Studios's behalf or to provide services available at August Studios's website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organisations may be located outside of your home country; by using August Studios's website, you consent to the transfer of such information to them. August Studios will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organisations, as described above, August Studios discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when August Studios believes in good faith that disclosure is reasonably necessary to protect the property or rights of August Studios, third parties or the public at large.

If you are a registered user of http://www.auguststudios.com.au and have supplied your email address, August Studios may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with August Studios and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. August Studios takes all measures reasonably necessary to protect against the unauthorised access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

 

E-commerce

Those who engage in transactions with August Studios – by purchasing August Studios's services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, August Studios collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor's interaction with August Studios. August Studios does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

 

User Account

In order to use our website and/or receive our services, you must be of the legal age of majority in your country, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

All sales are made in Australian Dollars and include Australian Taxes (GST)

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

Return and refund policy

Please notify us within 7 days of receiving your goods if you are not completely satisfied. Email us at info@auguststudios.com.au giving your reason and we will attempt to take care of the matter as best we can. 

Shipping & handling charges are not included in refunds for change of mind. Any refunds given are made by reversing the original sale on credit card or paypal.

Warranties & responsibility for services and products

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

 

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

Cookies

To enrich and perfect your online experience, August Studios uses "Cookies", similar technologies and services provided by others to display personalised content, appropriate advertising and store your preferences on your computer.

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. August Studios uses cookies to help August Studios identify and track visitors, they're usage of http://www.auguststudios.com.au, and their website access preferences. August Studios visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using August Studios's websites, with the drawback that certain features of August Studios's websites may not function properly without the aid of cookies.

By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to August Studios's use of cookies.

Aggregated Statistics

August Studios may collect statistics about the behaviour of visitors to its website. August Studios may display this information publicly or provide it to others. However, August Studios does not disclose your personally-identifying information.

 

Affiliate Disclosure

This site may use affiliate links and if so will earn a commission from certain links. This does not affect your purchases or the price you may pay.

 

Indemnification

You agree to indemnify and hold August Studios harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall August Studios, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

 

To the maximum extent permitted by applicable law, August Studios assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Victoria, Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Victoria, Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Customer support details & contact info

If you need additional information regarding our products/services, or for support regarding your order or account you are invited to contact us at info@auguststudios.com.au

User Comments

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. August Studios does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions ofAugust Studios, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws August Studios shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

August Studios reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to August Studios a non-exclusive royalty-free license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Hyperlinking to our Content

The following organisations may link to our Web site without prior written approval:

Government agencies; Search engines; News organisations; Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organisations: commonly-known consumer and/or business information sources such as Chambers of Commerce, dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

 

These organisations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@auguststudios.com.au.

Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our Web site as follows:

By use of our corporate name; or

By use of the uniform resource locator (Web address) being linked to; or

By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of August Studios's logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

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