Purchase Agreement

Welcome to https://www.bunyipcreations.com/ (our Site).

Bunyip Creations (ABN 88449420011), through this website, allows you to purchase the experience of creating your own souvenir or memento of a treasured family visit to a special location you can share with loved ones or as a wonderful reading and drawing resource for your children.

By purchasing a design from a range of pre-designed digital templates containing beautifully themed images with accompanying descriptions, you and your child are able to create a precious memoir and keep alive memories of family excursions and adventures. The completed file is sent to you as a PDF for you to add your personal photos, thoughts, memoirs, and touches to the digital template, print, and bind (personally or professionally) multiple hard copies for distribution to family members, friends and your children for a memorable and educational reading experience.

This Purchase Agreement (Agreement) forms a binding contractual agreement between you, the Account Holder/User and Bunyip Creations.

These Terms in this Agreement are important and you should ensure that you read them carefully and contact Bunyip Creations at info@bunyipcreations.com.au if you have any questions before purchasing our Products and Services.

This Agreement constitutes the entire and only agreement between the Account Holder/User and Bunyip Creations and supersedes all prior agreements, conduct, representations, and understandings.

By proceeding with your purchase, you confirm that have the legal capacity to enter into this Agreement and to be bound by its terms.

Acceptance of Terms

1. By accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.

Account Holder/User Registration

To purchase a template, you are required to register with our website:

1. You must provide accurate, complete and up-to-date account registration information including Name, Business Names, Contact Details, as requested, and it is your responsibility to inform us of any changes to your registration information.
2. We may, at any time, request a form of identification to verify your identity.
3. By becoming an account holder on this Site, you acknowledge and agree that:
   a) You are solely responsible for the protection and confidentiality of any password or account holder identification that may be issued to or subscribed for by you from time to time;
   b) You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
   c) You will immediately notify us if your Password is lost or becomes known to any other person;
   d) You are solely responsible for all access to and use of this Site via your Password, whether such access or use is by you or any other person; and
   e) Any information you provide to us for posting or inclusion in our online community, at any time, becomes our property.
4. To the extent that you provide personal information, Bunyip Creations will treat such information strictly in accordance with its Privacy Policy at (Insert Privacy Policy hyperlink)
5. You must ensure the security and confidentiality of your registration details, including any username and/or Password.
6. You must not allow any other person to use your Password.
7. You must notify us immediately if they become aware of any unauthorised use of your registered details.

Pricing and Payment

1. All prices are in Australian Dollars and include GST.
2. Bunyip Creations reserves the right to change prices and charges at any time without notice. Please check the website for updated fees and charges.
3. All credit payments are required to be made online via PayPal.
4. Once payment has been finalised the product will be emailed within 48hrs of payment.
   Online Payment Security
5. Credit card details of all account holders may be retained by the payment gateway used by Bunyip Creations to process payments.
6. Bunyip Creations uses a third-party payment gateway service, currently PayPal.
7. If there is an issue with your payment, please contact us as soon as practicable, or at least within 3 business days of your discovering the issue and we will do our best to resolve any problems encountered.
8. You must provide the relevant documentation to allow us to do so.
9. If your credit or debit card payment is declined by our payment gateway for any reason, Bunyip Creations invoice you for the cost of any merchant processing fee.

Refunds

Due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010, for example, where due to a defective link which is unlikely, but may occur due to circumstances beyond either parties’ control, you receive the incorrect PDF or the incorrect number of pages.

Cancellations

You may cancel your account at any time by emailing info@bunyipcreations.com.au.

Right to Terminate

Bunyip Creations reserves the right to terminate your use of the Site, or our Products and Services generally if you breach these terms, as determined by us in our sole discretion.

License

1. Upon purchase of the digital product under this Agreement, Bunyip Creations grants the account holder and user a perpetual, worldwide, restricted, and non-exclusive license for use of the product.
   Restrictions
2. You may download and print the digital product for personal use only and for distribution to family and friends as gifts and keepsakes only, without any request for payment.
3. For any commercial usage, additional usage rights must be purchased.
4. The License granted under this agreement shall not be assignable or sub-licensable by the account holder user without the prior written consent of Bunyip Creations.

Copyright and Intellectual Property (Trademarks)

1. All material on this Site or otherwise delivered by Bunyip Creations including (but not limited to) templates, text, graphics, (Our Content), is subject to copyright.
2. Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
3. You acknowledge that you do not acquire any ownership rights by using the Site or our content.
4. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Bunyip Creations.
5. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Bunyip Creations, in any manner that is likely to cause confusion with customers, or in any manner that disparages Bunyip Creations.
6. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
7. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Bunyip Creations will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

Account Holder/User Obligations

When using our Services, you agree to the following

1. You shall use any digital download product reasonable manner that will not harm the reputation of Bunyip Creations.
2. You shall not use images in any pornographic, illegal, libelous, scandalous, or such other manner that would tend to damage the image and reputation of Bunyip Creations.
3. You shall use the website solely for the use in creating an appropriate memoir for your child’s special excursion.
4. You shall not resell or market any digital product, or utilise the digital product for any other purpose than expressly granted in this Agreement.

General Disclaimer

1. All Bunyip Creations Products and Services are intended for general education and information purposes only.
2. Bunyip Creations provides instructions and suggestions with the digital download; however, the final product is your sole responsibility and dependent upon the quality of your images and photos and copy.
3. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

Liability

1. The disclaimers, liability limitations, and indemnities within these Terms do not exclude your rights those under Australian Consumer Laws.
2. Bunyip Creations does not make any express or implied representation or warranty about or shall be liable, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site or Our Content.
3. Bunyip Creations is not liable and does not accept any liability for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or Our Content.
4. Bunyip Creations does not endorse any opinion, advice or statement made by any person other than us.
5. You agree that we will not be liable for any loss or damage which you incur as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including hyperlink to or from third party websites.

Indemnity

1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
2. Bunyip Creations is not responsible for, and expressly disclaims all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through use of our products or services.

Links to Third Party Websites

1. This Site may include links to other websites maintained by third parties which are not under the control of Bunyip Creations (Linked Sites).
2. Linked Sites are made available to you solely as a convenience, and the inclusion on the Site of links to Linked Sites does not imply endorsement by Bunyip Creations of the Linked Sites.
3. You access Linked Sites at your own risk and by accessing them you leave the Site.

Assignment

1. Transfer or assignment of your account or license is not permitted under this Agreement.
2. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

Dispute Resolution

1. Should a dispute arise between us, we strongly encourage you to contact Bunyip Creations at info@bunyipcreations.com.au to seek a resolution.
2. Any reasonable requests will be considered and Bunyip Creations will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Applicable Law

1. These Terms shall be construed in accordance with and governed by the laws of the State of Victoria, Australia.
2. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between you and Bunyip Creations.

Your Feedback

1. We welcome enquiries or feedback on our Site.
2. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

If you have questions or comments regarding this Site, or Bunyip Creations products or services, please email us at info@bunyipcreations.com.au.