Prowledge Design and Print’ websites https://www.prowledgedesigns.com.au (“the Site”) is owned and operated by Prowledge Design and Print Pty Ltd trading as (“the Supplier/We/Us/Our”) trading as “Prowledge Designs”.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please contact us at: admin@prowledgedesigns.com.au. The materials contained in this web site are protected by applicable copyright and trademark law.
Use Licence
We give you a limited licence to access and use our information for personal use when you visit our website. The entire content included in this site, including but not limited to applets, graphics, images, layouts and text is copyrighted as a collective work under the Australian and other copyright laws and is the property of Prowledge Design and Print Entities
Any other use, including but not limited to the reproduction, frame, download, store, communicate, show, play in public, adapt, change, distribution, display, transmission, adaptation or creation of derivative work of the content of this site is strictly prohibited unless authorised in writing by the Supplier. You further agree not to change or delete any proprietary notices from materials downloaded from the site. No trademark that is contained on this site or otherwise used by the Supplier may be used without prior, specific, written permission of the Supplier.
The content and material on the Site is provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of the Supplier and/or the Prowledge Design and Prints Entities. The Supplier and/or the Prowledge Design and Prints Entities retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
General Disclaimer
Nothing in these T&C’s limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law
-all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms are excluded; and
-We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the products, services or these Terms (including as a result of not being able to use the products, services or the late supply of the products or services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Limitation of Liability
Our total liability arising out of or in connection with the Site, services or these T&C’s, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services or products to you.
You expressly understand and agree that the Supplier, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
To the maximum extent permitted by any applicable law, the Supplier, the Prowledge Design and Prints Entities and any other party (whether or not involved in the creation, maintenance, development or delivery of the Site) and the directors, officers, managers, employees, members, shareholders or agents of the Site Supplier and/or the Prowledge Design and Prints Entities exclude all and any liability and responsibility for any amount or kind of loss or damage of whatsoever nature or kind that may result to you or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading and/or uploading of any material of the Site or any website linked to the Site.
Nothing in these T&Cs shall limit or exclude the Suppliers or the Prowledge Design and Prints Entities’ liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions the Supplier and/or the Prowledge Design and Prints Entities liability shall be limited by the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless the Supplier, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all claims, demands, injuries, liabilities, losses, expenses, damages and costs, including reasonable solicitors’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In addition and not to limit clause above, you will be liable and indemnify all costs actually incurred in the recovery of any monies owed. These costs include recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis. This also includes debt collection commission and legal fees on an indemnity basis.
Typographical Errors
In the event a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.
Agency Arrangement
If your use of the Site, including but not limited to for the purpose of purchasing a product or service form Prowledge Design and Print on behalf of another person or entity, i.e., other than yourself, your conduct warrants that you are authorised to enter into a contract on behalf of the person or entity.
Further, you will be liable for all costs irrespective of whether or not the details of the person or entity are disclosed to Prowledge Design and Print.
By acting on behalf of a person or entity, you agree to indemnify Prowledge Design and Print against any claim (of any nature) as a direct or indirect consequence of the person or entities use of the product or service provided by Prowledge Design and Print.
Exclusion of Unenforceable Terms
Where any clause or term would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Force Majeure
Prowledge Design and Print will not be liable for any loss, damage or expense suffered or incurred by you where such a loss is occasioned by any cause beyond our reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, pandemic, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
Complete Understanding
You warrant and agree with Prowledge Design and Prints Privacy Policy, constitute the entire understanding between Prowledge Design and Print and you with respect to your use of the Site, including, but not limited to, all orders placed through the Site.
Consent
You consent to us collecting, storing, using and disclosing your personal information in accordance with the Suppliers Privacy Policy.
Quotations and Proposals and Creation of Contract
No contract shall arise between Prowledge Design and Print and the Client unless and until the following occurs:
-Prowledge Design and Print has provided a Quotation and/or Proposal to the Client based on the brief and or instructions provided by the Client; and
-The Client accepts the Quotation prior to its expiration date and/or Proposal by placing an order, instructing Prowledge Design and Print to proceed and/or executing and returning the Proposal to Prowledge Design and Print and paying to Prowledge Design and Print any upfront fees prior to the expiration date specified in the Proposal.
-Quotes are valid for a period of 14 days from their date of issue. Quotes will be deemed accepted upon the Client placing an order and/or instructing Prowledge Design and Print to proceed with the Project.
-Proposals are valid and may be accepted within 14 days from their date of issue. After such a 14 day period has expired, Prowledge Design and Print reserves the right to reconsider any term or condition of the Proposal (including the re-pricing of the Proposal).
-Prices included in Quotations and Proposals are based on Prowledge Design and Print’s current cost of production, (materials, labour, machine time etc). If between the date of the Quotation and/or Proposal and the date of Completion of the Project, the price of any component such as labour or materials increases Prowledge Design and Print reserves the right to vary the costs payable for the Project to reasonably reflect such increased costs. Prowledge Design and Print will advise the Client of any such proposed increase and the Client will have the right to terminate (by notice in writing to Prowledge Design and Print) the Project, subject to payment of all costs for work performed by Prowledge Design and Print to the date of such termination.
-For all orders more than $1000AUD, a deposit of 50% shall be required to be paid to Prowledge Design and Print before commencement of the job.
Service Providers
You acknowledge that Prowledge Design and Print may employ, engage or contract third party companies and individuals for a number of reasons including but not limited to providing the services or products on our behalf or to assist us in performing an analysis on how the service is used by you.
These third parties have access to your personal data to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. However, we do not accept any liability or responsibility if a Service Provider uses your Personal Data for any other purpose.
Product Information
The products and services provided by the Site, Supplier and Supplier Entities may vary from time to time, at our sole discretion.
Effective Date
These T&C’s can be modified at any time by us without any notice to you.
These T&C’s were last modified in November 2023.