Frequently Asked Questions
Terms of Service
[Last updated 16 August 2021]
Hello ! Welcome to DU Designs. We are delighted that you are interested in our Graphic & Web Design services.
www.dudesigns.com.au is made available by DU Designs Pty Ltd ABN 88 489 931 075, Murrumba Downs, Queensland.
When we talk about ‘we’, ‘us’, ‘ours’ or DU Designs, we mean DU Designs Pty Ltd trading as DU Designs, including our officers, employees, successors and assigns. Any reference to ‘you’ or ‘yours’ means you as a user of our website.
When we talk about ‘our website’ we refer to www.dudesigns.com.au and all other digital or electronic platforms, email or other form of communication that we use, including but not limited to, any associated website/s of ours, any blog/s, podcast/s, webinar/s, and any social media platforms such as Facebook, Instagram, LinkedIn, or other similar platforms through which we promote our products and services.
We create effective, clear, concise Graphic & Web design services and collaborate with you to deliver your vision.
Acceptance of Terms and Conditions
Although we aim for continuous accessibility to our website, this can be dependent upon third party services. As a result, our website may be inaccessible from time to time. If you need our support accessing your information, including retrieving login or password we may provide you with, or to report a website outage or disruption, you can reach out to Darren by email: email@example.com or by telephone on 0418 150 110.
Our website is provided to you on an ‘as is’ and an ‘as available’ basis. We may need to restrict access to our website, for example, during website maintenance or because of suspected misuse. If, for any reason, our website is unavailable, we are not liable to you for any loss or damage incurred.
Payment Platforms and Shopping Carts
We accept payments using Stripe and Paypal which includes accepting payment via our online Shopping Cart which allows us to sell our products and services to you. We may expand our payment platforms or shopping carts at any time. We do not take custody of, or store your card details, although our payment processors may store that information on our behalf. If you are uncertain about how to use our online payment platforms or shopping carts, please let us know.
When you use our shopping cart/s inside or outside of Australia, you are using a third-party platform. Each third-party platform has its own set of legal policies.
Future Products or Services
We may share information about our future products and designs on our website/s or with you or we may share future functionality or features. When we make a public statement about our product designs and plans or services, this is an expression of our intent, but should not be relied on when making a purchase. When you decide to buy our products and services, your decision should be based on the functionality and features we make available on the day of purchase and not on the delivery of any future functionality or features.
Our prices are fixed. If we place an offer on our website, it is restricted to the terms and conditions that we will publish with that offer. If we offer a shipping promotion, it may apply only to selected goods and selected locations. If we offer a discount promotion, it may be limited to specific products or services, specific locations and for specific periods of time. You accept that if we say that an offer has expired or is not applicable that this decision remains in our sole discretion and that no correspondence to the contrary will be entered into.
Social media content
Content via our Social Media, including but not limited to Facebook, Instagram and LinkedIn or any other social media platforms, public comment areas or forums may be contributed to by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly. Views and opinions of third parties are not necessarily our views and opinions even if shared by us. We may, at our sole discretion moderate any comment, content, views, or opinions, however, we are not obliged to do so, and this does not create legal liability on our behalf.
If you use any of our social media platforms, you agree, as a condition of use, to:
- Not to post or distribute any inappropriate, profane, defamatory, infringing, obscene, or indecent content or discuss an unlawful topic.
- Not to post inappropriately negative, rude, or attacking comments.
- Keep your posts on topic.
- Respect the privacy of others. Every member of our community has the right to privacy.
- Please do not share information that is not yours to share.
We may at our discretion moderate our social media platforms, however we are not obliged to do so.
If you break the rules, we may suspend your involvement in any of our website/s or social media pages, groups or platforms and we may, at our sole discretion, permanently terminate your access or ability to continue to participate.
If we consider the offence to be serious, in addition to the above, we may also contact the authorities and share the posted content and corresponding user personal information with the authorities where we are concerned about the safety of any person or threat to our business.
While me may enforce this policy against a user, we are not obliged to do so.
Copyright, Trademarks, and other Intellectual Property
We create, own or licence all the intellectual property rights in the content of our website/s and any material we offer via our website/s or have permission to use or display as material on our website/s. The name of our business, our services, logos, graphics, text, icons, images, video and audio clips, designs, interfaces, and website layout belong to us.
When we create, collaborate, develop, or deliver programs, website/s or software for you, this is what we refer to as ‘what we create’. We licence you to use what we create on the terms and conditions found in our Client Service Agreement and unless otherwise agreed by us in writing we own all the intellectual property rights in what we create even if you have collaborated with us by providing content, designs, or ideas in what we create or what we create has been customised to suit you or your business.
Our software, designs, graphics, modules, resources, content, materials, methodologies, framework, advertising, marketing, graphic designs, website development and design are owned by us, whether registered or not. Our registered and unregistered trademarks belong to us.
You must not use, copy, display, distribute modify, translate, reformat, incorporate into other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content or materials in whole or in part except as expressly authorised by us.
We reserve the right to review, edit, manage, move, or delete any content that we display on or through our website/s or the delivery of our products and services at any time without notice and without liability.
Please consider our rights and contact us if you are uncertain about whether you have permission to use our business name, products, services, our software, designs, graphics, modules, resources, content, materials, methodologies, framework, advertising, marketing, graphic designs, website development and design or what we create.
Other companies and products may be mentioned on our website/s or by us when you make an enquiry with us or when we supply you with our products or services. These companies and products may be subject to the trademarks and legal protection of their respective owners. It is your responsibility to ensure that you have been granted authority and permission before use.
If we provide you with access to our website/s or platforms or if what we create includes website/s or software that we have created, customised, installed or adapted for you or when we create any other form of software, program, hard ware, design or graphics of any nature, form, feature, or functionality, then we do so for your own personal or your own internal business use only. It is limited to what you specifically pay us for as a client.
You do not have permission to allow any of what we own, or we create, customise, install, adapt, design or otherwise deliver to you to be used by any other person or business without express prior written permission from us that you may do so.
You agree not to change or delete any copyright or proprietary notice from materials downloaded from our website or provided by us to you during the course of your enquiry or because we deliver product/s or service/s to you.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or licences to use our website content, material, or our intellectual property.
Third party intellectual property rights
If you believe that there is material on our website that infringes third party intellectual property rights, please contact us at firstname.lastname@example.org with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
Posts to our website and social media
If you provide us with or upload online to our website or social media pages any images or recordings of you or your business or your logo and marketing material, you are providing your express consent to us to use these images, recordings, business logo or marketing material in our marketing, social media linked to our business or on our website. You understand that once you post content on social media, that information becomes public.
You acknowledge that once the digital content is posted on the internet, we cannot control comments about or use of the digital content by others, and we cannot retrieve all copies of the digital content if it is shared or downloaded.
You warrant that you hold the necessary rights and interests to use any material you add to our social media pages (your content) and that all of your content does not infringe any third-party rights, including copyright, trade mark rights and privacy.
By submitting your content to our website or social media pages, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for our business purposes including marketing or providing services to you, now or in the future, and on the same or a different platform. We will not use your content for any other purpose. You indemnify us against any claims made for breach of third-party rights in respect of your content.
No unlawful or prohibited use
You expressly agree not to:
- access, view, copy, download, share, broadcast or communicate information unless specifically authorised by us to do so;
- collect or store data about the other users of our website or use data mining or similar data gathering tools or attempt to copy any of the data available via our website;
- decompile, reverse engineer, or disassemble or try to obtain or use the source code of our website;
- you must not try to copy or imitate this website or its underlying content;
- upload or permit any virus or malicious code to adversely affect our website;
- use our website to mislead or deceive others, misrepresent your identity, capabilities, experience, or qualifications;
- defame, abuse, or harass any individual including maligning the qualifications or experience of us or any other user of our website;
- use our website in a manner that could cause harm to our business or our business reputation.
Use of electronic addresses
If we publish contact details for us or our employees, officers, suppliers, affiliates or any other individual or organisation, this is not to be understood as consent to receive unsolicited commercial communication.
Significant effort and resources are dedicated by us to maintaining the security of our website. However, the transmission of information digitally is not completely secure or error free. We do not guarantee the security of the website, any contents or materials, our records, or your content. Emails or other communications to or from us and information that you send to us or access via our website is at your discretion. You are the judge of the information that you send to us or receive from us and the risk of the method of communication that you chose to use.
Our website, platforms, emails or other content and communication undergo filtering and virus scanning by third party providers. We do not warrant that filters or scans will be effective 100% of the time in removing viruses or other potentially harmful coding. You are encouraged to install and maintain your own up-to-date security software on your computer or other digital platforms. We disclaim all liability for any computer virus or technological problem that we do not intentionally cause, that is beyond our control or that is reliant on a third-party provider.
Our website may contain links to other websites (Linked Sites). The Linked Sites are not under our control, and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a reference, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
You warrant to us that at all relevant times you will use our products and services for their intended purpose, following industry accepted safety standards together with any instructions provided by us for the safe and proper use of our products and services. You warrant further that you will not misuse or mistreat our products or services in a way that may create a risk your own safety or that of any other person including end user of your own products or services, or any business interest that you are associated with or undertaking work on behalf of.
Limitation of liability
Our products and services are provided on an ‘as is’ basis. To the extent that the law allows, we exclude all other warranties, representations, implied terms and guarantees about currency, accuracy, suitability, functionality or reliability of our Website, and resources or our digital platform content and our products and services. Without limitation we do not warrant that our website or its functions or your access to your any account, platform, program, software licence, software program, hardware, or other product or service provided by us, will be uninterrupted or error free, or that errors will be corrected, or that our website is impenetrable to service interruption, delays, errors, or viruses.
We will not be liable to you or any other person or entity for any damages whatsoever arising because of your use of our website in any way, subject to the requirements of Australian Consumer Law. Where warranties cannot be excluded under the Australian Consumer Law (ACL), you are entitled:
- to cancel our services;
- to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage; and
- to have the materials repaired if the materials are not of acceptable quality and the failure does not amount to a major failure.
To the maximum extent permitted by law, we and each of our directors, officers, employees, successors, agents or assigns, exclude all liability for loss and damage (including but not limited to direct, indirect, special, or consequential loss, loss of profits, loss of data, loss of time or opportunity), which you suffer.
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