This website (“website”) is provided by Fresh Eyes Studio, a business registered in Australia under ABN 98 078 213 778 and whose registered office is at 461 Glen Eira Rd, Caulfield North, Victoria 3161 (“Fresh Eyes Studio”, “us”, “we” or “our” for short). “You” and “your” means you as the user of this website.
USE OF THIS WEBSITE
These terms and conditions together with the Privacy and Cookies Policy set out the rules for your use of the website and by accessing, browsing or otherwise using the website, you agree to these terms and conditions.
We will review and amend these terms and conditions from time to time so please check them regularly to ensure you are aware of any changes. Your continued use of the website following any changes indicates that you accept any changes to these terms and conditions. These terms and conditions were last updated in July 2017.
If you have any questions concerning these terms and conditions or the website, please write to us at the postal address above or contact us by email at firstname.lastname@example.org.
All rights not expressly granted in these terms and conditions are expressly reserved by Fresh Eyes Studio.
We are the owner or licensee of the copyright and all other intellectual property rights in and to the website and in all information, images and other content published on it (“our materials”). This excludes any content you submit to the website (“your content”) and such content submitted to the website by other users. Copyright © Fresh Eyes Studio. All copyright and other intellectual property rights in and to our materials is expressly reserved to us or our respective licensors.
We expressly claim ownership to and reserve all rights in and to the website domain name address, our logos, straplines, “Fresh Eyes Studio” and all other related trade marks, service marks, trading names or other identifiers relating to our services. Other trade marks, products and company names mentioned on the website may be trade marks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to access, browse and use the website and our content only: (i) for your own personal and non-commercial use and / or (ii) for existing and potential clients to access, research and / or evaluate services offered by Fresh Eyes Studio. We may revoke this licence at any time without notice and at our complete discretion.
When you use the website and/or our materials, you must not reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or otherwise exploit or use the website and/or our materials in any way except as expressly permitted by these terms and conditions (including for any commercial purpose), without our express prior written consent.
Any permitted use of our materials is subject to you acknowledging that we are authors of our material and website.
By submitting your content on the website you grant to us and our group companies and affiliates, a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use your content (including, without limitation, the right to adapt, alter, amend or change your content) in any media throughout the world without restriction, for any purpose connected with the promotion of the website or our company.
You hereby waive any and all moral rights and any other similar rights in any country in the world in connection with your content, to the greatest degree allowed by law.
Publication of your content will be at our sole discretion and we are entitled to refuse publication or to make additions or deletions to any such material prior to and/or after publication.
Although we have no obligation to moderate content on the website, we may monitor any information transmitted or received through the website. We may reject, block, suspend or remove your content at any time and in our sole discretion. We in no way guarantee that your content or any part of it will be displayed on the website.
Your content must:
be your own work (or if not your own work, you should have obtained all necessary rights and permissions of the relevant author of the content to enable you to publish the work on the website);
be accurate where it states facts;
be genuinely held where it states opinions;
clearly disclose any trade or professional relationship between you and the goods or services which are the subject of your content; and
comply with applicable law in any country in which it is posted.
Your content must not:
infringe any copyright, trade marks or any other intellectual property or other rights of any other person;
contain any personal information relating to any persons under 18;
contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material;
contain any material which is defamatory of any other person;
contain any material which is obscene or offensive;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
contain misleading or deceptive statements or omissions or misrepresent your identity or affiliation with any person;
falsely present that you are a consumer where you are not acting as a consumer;
contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement, whether commercial or otherwise;
be made in breach of any legal duty owed to a third party such as a contractual duty or a duty of confidence;
be likely to harass, upset, embarrass, alarm or annoy any other person;
give the impression that your content emanates from us where this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
If you find any content on the website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, infringing of any third party rights or otherwise unacceptable, please notify us by emailing us at email@example.com using the subject heading “Unacceptable content”.
We take complaints seriously and on receipt of your complaint we may at our discretion remove or block access to the content complained of and will investigate whether the content breaches our content standards or these terms and conditions.
BLOGS & TWEETS
The views and opinions featured in the blogs and tweets and other forms of social media on the website reflect the personal views and opinions of the individuals writing them and are not necessarily views and opinions which are shared by us as a company. Further, the blogs and tweets on the website may contain links to or comments about third party websites, products or services (including recommendations and reviews) and nothing featured in this way should be construed as an endorsement of such websites, products or services by us as a company.
THIRD-PARTY SITES AND CONTENT
The website and/or our materials published or available for download on the website may contain links to third-party websites. These links are provided for your information only, and if you decide to visit any third-party site or provide information to any third-party website, you do so at your own risk. We have no control over the content of those sites, and we are not responsible for the content of any third-party websites linked from the website. Links do not imply that we or the website are affiliated to or associated with such sites.
LINKING TO OUR WEBSITE
We are happy for you to link to the home page of the website only, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. To avoid any doubt, you must not link to the website from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You are not entitled to link to the website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Please do not remove or obscure by framing or otherwise, advertisements, the copyright notice, or other information published on the website. The website must not be framed on any other site. We may withdraw linking permission at any time by notice to you.
PRIVACY AND YOUR PERSONAL DATA
The privacy of your personal information (such as your name, email address, address and other contact details) is important to us. Please see our Privacy and Cookies Policy for details of how we may collect and process your personal information.
Nothing in these terms and conditions shall affect your statutory rights, and nothing in these terms and conditions shall limit or exclude our liability for death or personal injury arising through negligence, fraudulent misrepresentation, and/or anything else that cannot be excluded or limited by us by law.
Our materials displayed on the website are provided without any guarantees, conditions or warranties as to their accuracy. To the fullest extent permissible by law:
we shall not be liable for any loss caused as a result of your actions or inactions based on the materials and content available on the website;
we shall not be liable for any loss caused as a result of any actions or inactions of the materials and content submitted by other users;
we expressly exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the website, our materials and/or all services supplied by us in connection with the website. In particular we do not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected;
we do not accept liability for any failure to maintain the website and/or late or failed delivery of any materials. We may suspend access to the website periodically to carry out emergency or scheduled maintenance or for any other reason at any time; and
we shall not be liable under these terms and conditions for any indirect, special, incidental or consequential damages or otherwise (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and/or wasted management or office time), however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if we have been advised of the possibility of such damages.
If any of these terms and conditions are deemed by any court or administrative body of competent jurisdiction to be invalid or unenforceable then suck invalidity or unenforceability shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.
You agree to indemnify and hold harmless Fresh Eyes Studio against all losses, claims, or damages arising directly or indirectly from your unlawful, improper or unauthorised use of the website or our content.
You agree that you will do any and all acts and things and execute any and all documents that we may reasonably request or order to carry out the intended provisions of these terms and conditions.
GOVERNING LAWS AND COURTS
These terms and conditions shall be governed by an construed in accordance with the laws of Australia. Each party irrevocably agrees to submit to the exclusive jurisdiction of the Courts of Australia over any claim or matter arising under or in connection with these terms and conditions and the website.
PRIVACY AND COOKIES POLICY
Fresh Eyes Studio may change this policy from time to time by updating this page. Please check this page from time to time to ensure that you are happy with any changes. Your continued use of the website following any changes indicates that you accept such changes. This policy was last updated in July 2017.
If you have any questions concerning this policy please contact us by letter to the address above or email to firstname.lastname@example.org.
WHAT WE COLLECT
We may collect the following information:
information that you provide by filling in forms on our site which may include name, job title, contact information including email address and demographic information such as postcodes;
if you contact us, we may keep a record of that correspondence; and
details of your visits to our site and the resources that you access.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
for internal record keeping;
to improve the website and to monitor website usage;
to send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided;
to ensure that content from our website is presented in the most effective manner for you and for your computer;
to provide you with information, products or services that you request from us or which we feel may interest you; and
to notify you about changes to our service.
Disclosure to third parties
Fresh Eyes Studio may disclose your information in the following instances:
in the event that the business and assets of Fresh Eyes Studio are merged with or sold to a third party in which case we may disclose your personal data to the merger partner or buyer of our business or assets;
as required by applicable law or if Fresh Eyes Studio are ordered to do so by a court or other similar body; or
in order to enforce or apply our terms and conditions and other agreements; or protect the rights, property, or safety of Fresh Eyes Studio, our clients, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
The data that we collect from you may be transferred to and stored at a destination outside the European Economic Area (EEA). By submitting your personal data, you agree to this transfer.
Unfortunately, the transmission of information via the internet is not completely secure. So, whilst we will do our best to protect your personal data, we cannot ensure the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information we will use our procedures and security features to prevent unauthorised access.
Cookies are small files of information that are stored by your browser on your computer’s hard drive. Most web browsers automatically accept cookies but you can usually change your browser settings to prevent this. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. However, if you choose to reject all cookies, you may be unable to use parts of the website.
We use three cookies to improve the user experience on the site:
two randomly named cookies are set to store your username and email address when you comment on a blog.
If these cookies are deleted, the cookie acceptance message will be displayed on every page and the user name and email address fields on the blog comments would no longer be pre-populated for returning commenters.
Information on deleting or controlling cookies is available at www.aboutcookies.org If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies.
Cookies used on this site
wordpress_test_cookie; Tests whether or not the browser has cookies enabled
wp-settings-time-8; wp-settings-time-9; wp-settings-time-10; First party cookies set by WordPress, the Content Management System that powers this website. Persistent cookies which expire after 1 year. These cookies do not collect or store personal information.
wp-settings-8; wp-settings-9; wp-settings-10; First party cookies set by WordPress, the Content Management System that powers this website. Persistent cookies which expire after 1 year. These cookies do not collect or store personal information.
wordfence_verifiedHuman; Tests whether visitors are human or not or have malicious intentions. It is used to keep the site secured.
wfvt_; Tests whether visitors are human or not or have malicious intentions. It is used to keep the site secured.
gadwp_wg_default_metric; This cookie uses a fraction of the data that is collected by the Google Analytics cookie (see below) and is used by the system administrators.
_ga; Google Analytics, they may be subject to change without notification. The information generated by the cookies about your use of the website (including your IP address) may be transmitted to and stored by Google Analytics on its servers in the EEA or the United States. It may use this information for the purposes of evaluating your use of this website, compiling reports on website activity and providing other services relating to website activity and internet usage. Our analytics provider may also transfer this information to third parties where required to do so by law or where such third parties process the information on their behalf. For further information, read Google’s policy.
LINKS TO OTHER WEBSITES
Controlling your personal information
You can restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes; and
if you have previously agreed to us using your personal information for direct marketing purposes, you can change your mind at any time by writing to or emailing us at email@example.com.