Terms & Conditions
Revised: Wednesday, 18th May 2022
The Constructive Visual website has been made available to you subject to your compliance with the terms and conditions set forth below
(the “Terms of use”). Please read this document carefully before accessing or using the Constructive Visual website. By accessing or using this website, you are agreeing to be bound by the Terms of Use. If you do not wish to be bound by the Conditions of Use, you may discontinue use of this website.
By using the Site (even if you’re just visiting) and the Constructive Visual Services, you’re telling us you’ve read and agree to the Terms and Policies listed below. When you choose to register, you must click “I agree” to complete your registration.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT
a. Electronic Agreement
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your registration in the Service.
This Agreement may be modified by Constructive Visual from time to time, such modifications to be effective upon posting by Constructive Visual on the Website.
This Agreement includes Constructive Visual’s Acceptable Use Policy for Content Posted on Constructive Visual’s website and services, Constructive Visual’s Privacy Policy, Constructive Visual’s Customer Service Policy and any notices regarding the Website. By accessing the Website or becoming a client, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
b. Electronic Form
By accessing the Website or becoming a Client, you consent to have this Agreement provided to you in electronic form.
c. Non-electronic Cop.
You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: Constructive Visual, P.O. Box 982, NORTHAM, Western Australia, 6401.
d. Withdrawing Your Consent
You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
i. Effect
Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
II. Notice
To withdraw your consent and/or request a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: Constructive Visual, P.O. Box 985, Northam, Western Australia, 6401.
III. Effective Timing
Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
2. ELIGIBILITY
You must be at least eighteen (18) years of age to register as a client of Constructive Visual or use the of the Constructive Visual services. Subscription in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password.
You agree to:
(a) immediately notify Constructive Visual of any unauthorized use of your username or password or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
Constructive Visual will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Facebook.com Account to your Constructive Visual account.
4. COPYRIGHT
This web site is the copyright property of Constructive Visual. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use.
Apart from any use as permitted under the Copyright Act 1968, you may not, in any form or by any means:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website without the written permission of Constructive Visual.
Copyright in this website belongs to Constructive Visual including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software and are protected by Australian and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Constructive Visual.
Constructive Visual grants you a limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose without the express written consent of Constructive Visual.
5. SECURITY
Constructive Visual has implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the Internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.
You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately contact Constructive Visual to change your secure password.
6. LAW
a. Arbitration Agreement.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the Australian Centre for International Commercial Arbitration (ACICA). The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Constructive Visual in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Constructive Visual any class action, class arbitration, or other representative action or proceeding.
b. Notice of Rights
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Constructive Visual (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, visit ACICA Website.
c. Court Proceedings
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Constructive Visual (except for small-claims court actions) may be commenced only in the federal or state courts located in Perth, Western Australia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. Governing Law
You agree to the laws of Australia and the State of Western Australia, without regard to principals of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Constructive Visual, shall be governed by the laws of the state of Western Australia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the ACICA Arbitration Rules.
7. COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on Constructive Visual’s Website Hosting Service in a way that constitutes copyright infringement, please provide Constructive Visual with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing and the website address URL (on our Website Hosting Services), your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Constructive Visual suggest seeking legal advice if you have any concerns or questions about copyright infringement.
8. MEMBER AND CLIENT DISPUTES
You are solely responsible for your interactions with other Constructive Visual Members via our forums, websites and services. Constructive Visual reserves the right, but has no obligation, to monitor disputes between you and other Members/Clients.
9. PRIVACY AND COMMUNICATIONS
Use of the Website and/or the Services is also governed by our Privacy Policy. When you become a Client of Constructive Visual, you agree and consent to receive email messages and/or eTickets from us. These emails and eTickets may be transactional or communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the Constructive Visual Privacy Policy for more information regarding these communications.
The privacy statements of this website will differ to that of another website, therefore we encourage you to review, document and learn the privacy statements of all websites you visit.
Please read through the Constructive Visual Privacy Policy.
10. LINKED ACCOUNTS
Constructive Visual permits you to associate a Constructive Visual username and password with your Facebook.com account. When you establish a linked account, you can sign into Facebook.com and automatically sign into Constructive Visual at the same time. Constructive Visual is not responsible for the operation or functionality of Facebook.com services. FACEBOOK is a registered trademark of Facebook.com.
11. WEBSITE LINKS
Within the website there are links which direct you to other websites. It is important to note, these sites are not operated or controlled by Constructive Visual. Constructive Visual cannot guarantee the validity or availability of these sites. Websites which are linked to the Constructive Visual website should not be taken as endorsement, nor does it imply an affiliation exists between the two operators.
As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Constructive Visual or any of its officers or employees be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website.
12. DISCLAIMERS
I. Accuracy
Constructive Visual has taken a number of precautions to ensure the validity and accuracy of all communication dealings, however accepts no liability for the materials transmitted.
Therefore any reliance you place on the information provided in this site is strictly at your own risk.
In no situation will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the use of the data or profits arising out of or in connection with the Constructive Visual website.
Accordingly, Constructive Visual cannot and does not guarantee the accuracy, timeliness, reliability, or completeness of any of the information found on, downloaded from, or accessed from this website.
II. Performance
The performance of this website and all information contained on, downloaded from, or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.
III. Liability
In no event shall Constructive Visual be liable for any damages whatsoever, and in particular Constructive Visual shall not be liable for special, indirect , consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any Constructive Visual Website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
IV. Rights
Constructive Visual reserves the right, at its sole discretion, to modify, disable access to, or discontinue, temporarily or permanently, any part or all of this website and/or services or any information contained thereon without liability or notice to you.
Please Note: We strongly suggest reviewing this page from time to time as we may revise this page without notice.
