1. Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to Lisa A Schoffel Trading as (Onclick Design) website located at www.onclick.com.au (the "Website") and all associated Websites linked to the Website.

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, THEN ONCLICK DESIGN ASKS YOU DO NOT USE THE WEBSITE.

2. Content

Preliminary work – All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.

Proofs – Proofs of all work may be submitted for customer’s approval and Onclick Design shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to OnClick Design's judgement, changes therefrom made by the customer shall be charged extra. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Onclick Design, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Onclick Design does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Onclick Design and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Onclick Design’s express prior written consent.

Onclick Design and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Onclick Design does not accept responsibility for any liability in respect of access to other content through the use of this Website.

3. You’re Use of the Website

While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Onclick Design’s right to bar individuals thought to be conducting such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Onclick Design server, or to any other services offered on or through the Website by hacking or any other illegitimate means.

You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You may not trace or seek to trace any information of any user or customer of Onclick Design, including any Onclick Design account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Onclick Design’s systems or networks, or any systems or networks connected to the Website or to Onclick Design.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Onclick Design on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Onclick Design or others.

4. Purchases; Other Terms and Conditions

Additional terms and conditions may apply to the purchase of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this paragraph.

You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall have authority with respect to your use of that portion of the Website or the specific service.

Price variation – Estimates are based on the current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.

All transactions are displayed and processed in AUD.

Tax – 10% GST is included in the printing & design prices quoted.

Delivery and payment – Deliveries are carried out by third party carriers. All printing prices quoted on this website include off-peak delivery Australia-wide. Onclick Design accepts payments for its services through the secured eWay payment gateway service and PayPal, payable by credit/debit card and also through bank transfer. Bank transfers must be verified before delivery can take place. If for any reason we are unable to dispatch your order, we will notify you within 2 business days.

Claims and returns – In the event that the customer be unsatisfied with their order or believe to have received the wrong order, Onclick Design will reprint said order free of charge providing the claim is proven to be the result of our printing mistake or error. Should the order fail to print as a result of poorly prepared artwork supplied by customer however, we cannot be held responsible and any reprinting must be borne in full by the customer. Any claims must be made in writing within one week of recept of your order and the entire delivery returned to us for inspection. We regret that claims cannot be accepted under the following circumstances:
- More than one week has passed since receipt of goods
- The returned order is incomplete or has been partly used/distributed
- If the order appears to have minor printing defects deemed unavoidable and/or non-critical (see full colour printing below), is soiled or shows other signs of usage
- The order was damaged in transit

Variations in quantity – Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are not material to the contract. In order to maintain low prices by avoiding frivolous claims, no claim will be accepted in lieu of said immaterial shortage.
Liability –Onclick Design shall not be liable for any loss to the customer arising from delay in transit not caused by Onclick Design.

Illegal matter – (a) Onclick Design shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party. (b)Onclick Design shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Full colour printing – Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, Onclick Design shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof or electronic graphic file and the printed article. Micro pin-holes and other minor defects may also occur from time to time and a judgement as to whether the defect is considered critical or not shall be made by Onclick Design in the event of any claim resulting from it.

5. Confidentiality

Onclick Design does not guarantee that your use of this Website will be confidential. Onclick Design is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.

Use of personal information has been documented within Onclick Design’s Privacy Policy, which can be accessed through the Website main page.

6. Privacy

Onclick Design is committed to adopting the highest standards to safeguard our customers' personal information. Please refer to our Privacy Policy which sets out how and why we collect, use and disclose your personal information.

7. Links to other Websites and to the Onclick Design Website

This Website may contain links to other independent third-party Websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Onclick Design’s control, and Onclick Design is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

8. Security

Onclick Design shall take all reasonable steps to ensure the security of your personal information. Please refer to our Privacy Policy for further information on how Onclick Design has endeavoured to ensure the security of Personal Information.

Onclick Design notes further that some components of the Website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.

Onclick Design is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. Onclick Design requests that you promptly report to it any unauthorised use of the password.

9. Disclaimers

ONCLICK DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ONCLICK DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ONCLICK DESIGN DOES NOT WARRANT THAT ITS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM ONCLICK DESIGN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONCLICK DESIGN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST ONCLICK DESIGN FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to, but is not limited to, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Onclick Design reserves the right to do the following, at any time, without notice:

1. Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
2. Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
3. To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Force majeure –Onclick Design shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Onclick Design elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

10. Indemnity

You must indemnify and hold harmless Onclick Design or its employee's contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

1. Any breach by you of these Terms; or
2. Reliance by you on any information obtained through Onclick Design Website.
Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belong to Onclick Design. Onclick Design may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, etc. The customer will indemnify Onclick Design and his agents from any claim arising thereof.
Consequential loss –Onclick Design accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

11. Applicable Law

The Website (excluding any linked third party Websites) is controlled by Onclick Design. By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in New South Wales ("NSW") in accordance with the laws in force in NSW (subject to the application of any principal of conflict of laws inconsistent with this requirement).

Although this Website can be accessed throughout Australia and overseas, Onclick Design does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with Australia Law.

Lisa Schoffel T/as OnClick Design
ABN 44 263 071 957
Postal address: PO Box 11 Thora 2454 NSW Australia
Phone: +61 (2) 6655 8640
Email: service@onclick.com.au