Conditions & Privacy

TERMS & CONDITIONS

Please read these terms carefully to ensure that you are properly informed about important matters such as your payment obligations, your warranty entitlements, iCre8e contractors' liability to you and iCre8e contractors' right to dispose of unaccepted goods and services. Customers who receive this document by mail are asked to contact iCre8e's contractors within 24 hours if they object to any of the below disclosed terms.

1.0 Definitions and application of terms
These terms apply to the customer's order ("the Product") and iCre8e's products ("the Services") specified in Product Received Record issued by iCre8e to the Customer. They apply in addition to any other relevant terms. In the event of conflict the later terms will prevail.

2.0 Timing
iCre8e's contractors will use its best endeavours to perform the Services by any date notified to the Customer, but will not have any liability to the Customer for failing to do so due to unforeseen circumstances from any third party associates or contractors.

3.0 Payment
3.1 All chargeable Services (including the provision of copyright and other materials) will be paid for by the Customer at iCre8e's contractors current rates. Additional charges, including quote rejection fees and deposits, are also payable by the Customer.
3.2 All amounts payable by the Customer must be paid on collection either by Electronic Fund Transfers, Bank cheques, Money Orders or Cash. Personal cheques are not accepted without prior arrangement.

4.0 Service Warranty
4.1 iCre8e's contractors warrant that any services to the Product performed by iCre8e's contractors will restore the Product to compliance with the contract specifications. iCre8e's contractors will, at its option either repair or exchange the faulty error within the Product, or the Product itself, with items that are functionally equivalent to that as originally supplied, or better, during the warranty period stated for the model, using similar Products/programs, solely at iCre8e's contractors discretion. Ownership of items is surrendered to each party on exchange. Repair or exchange is subject to the original Product being genuine and unaltered.
4.2 The service warranty stated in clause 4.1 will be the balance of the Product Warranty, or 120 days, whichever is greater.
4.3 The Customer's sole and exclusive remedy under the warranty stated in clause 4.1 is the right to require iCre8e's contractors to perform the Services again.
4.4 To extend permitted by law all terms other than these ones and any additional terms referred to in clause 1, including (without limitation) all implied and statutory warranties and conditions, are excluded. Where any law (such as Trade Practices Act) prevents this exclusion from operating in relation to a particular term, to the extend permitted by that law iCre8e's contractors limits it's liability for the breach of that term to the remedy set out in clause 4.3.

5.0 Disposal of unaccepted Themes/Designs/Programs
5.1 This clause applies if the Customer fails to accept the Product after completion of the Services if the Customer was supposed to do so. In those circumstances, the Customer agrees that iCre8e's contractors may dispose the Products in accordance with this clause.
5.2 One month after the date of repair being completed, iCre8e's contractors will send a written reminder to the Customer at the Customer's address last notified to iCre8e contractors by the Customer. iCre8e contractors will repeat this procedure one month after the date of repair being completed if the Customer does not accept the Products. It is the Customer's responsibility to keep iCre8e contractors informed of any changes to the Customer's address.
5.3 The Customer shall pay to iCre8e contractor's a fee of $50 for each reminder letter issued to the Customer pursuant to clause 4.2 other than the first one, to cover iCre8e's contractors administrative and any storage (hosting servers) costs.
5.4 If after one month from the date of services being completed the Customer has not accepted in writing the Product or requested iCre8e contractors to send the Product to the Customer, iCre8e's contractors may dispose of the Product by such means as it considers appropriate, including (but not limited to) private sale or destruction. iCre8e contractors will apply the proceeds of any sale of the Product in the following sequence until the proceeds are exhausted:
(a) To pay any amount owed by the Customer in relation to the Services
(b) To pay any unpaid fees of the kind referred to in clause 4.3
(c) To pay any other amounts owed by the Customer to iCre8e's contractors
5.5 If the proceeds of sale of the Product are insufficient to cover the amounts referred to in the paragraphs 4.4 (a)-(c) above,iCre8e's contractors reserves the right to recover the shortfall from the Customer.
5.6 The Customer may accept the Product or instruct iCre8e contractors to send the Product to the Customer at any time up until, but not after, one month from the date of invoice, provided that iCre8e's contractors will not be obliged to release or send the Product until after the Customer has paid any outstanding amounts owed to iCre8e's contractors.

6.0 Liability
Apart from the liabilities accepted by iCre8e's contractors in clauses 4.3, iCre8e's contractors expressly excludes all liability to the Customer in relation to the Services, the Product and anything done or not done by iCre8e's contractors in accordance with these terms. This exclusion includes (but is not limited to) liability in negligence and liability for indirect, special or consequential loss (including without limitation loss of or defective software, data, wasted expenditure, loss of income or business opportunities and loss of employment).

Privacy Policies

iCre8e has security measures in place to prevent the loss, misuse and alteration of the information under our control. We will endeavour to take all reasonable precautions to maintain the security of the information in our systems. We use a combination of security measures to prevent the unauthorised access of our servers and regularly review our security policies. 

iCre8e is committed to the protection of your personal information. iCre8e Privacy Policy is based on the National Privacy Principles in the Privacy Act 2001 and on company policies to protect personal information.

While information is the cornerstone of our ability to provide a superior service, our most important asset is our customers' trust. Keeping customer information secured, and using it only as our customers would want us to, is a top priority for all of us at iCre8e. We collect personal information that relates to associated purchases and repairs.
iCre8e will limit the collection and use of customer information in accordance with the National Privacy Principals issued by the Australian Privacy Commissioner.

iCre8e will always maintain control over the confidentiality of our customer information. We may, however, facilitate relevant offers from reputable companies. These companies are not permitted to retain any customer information unless the customer has specifically expressed interest in their products or services.
iCre8e hires another organisation to provide support services, we will require them to conform to our privacy standards and to allow us to audit them for compliance #283990484.

Information Collected on the site
When you visit our website, our Internet Service Providers make a record of your visit and logs your IP address to help diagnose problems with our server, and to administer our website.

User Registration
If you register as a user of our site, we track your visits as you interact with the site, we do this using 'Cookies'. Cookies are small files your web browser places on your computer's hard drive and they allow iCre8e to know which pages on our website are visited, in what order and how often. You also have the option of using the Cookie to save your password on your computer so you don't have to re-enter it each time you visit the site. Cookies are not used to record any personal information.
The user registration process also collects personal information about you. None of these are mandatory except for name, email address, post code and telephone number. This information is required for the processing of Online orders/purchases.

Links
This web site contains links to other sites. Please be aware that iCre8e is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site, to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Disclaimer
The information contained in this website and all sub-domains of iCre8e has been prepared in good faith from both internal and external sources. The information is believed to be accurate and current at the date the information was placed on the Web Site but is subject to change or withdrawal without notice.

iCre8e makes no representations or warranties of any kind, express or implied, as to its completeness or accuracy. iCre8e shall not be held liable for any direct or indirect loss arising from the use of the information contained in the website. These terms do not exclude or limit the application of any provision of any statute that would otherwise be applicable (including the Trade Practices Act 1974 Commonwealth) where to do so would contravene that statute or cause any part of these terms to be void.