Fur Personality Website Terms Of Use
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This website (Website or Site) is operated by Fur Personality ABN 92628411576 (we, our or us). It is available at: www.furpersonality.com and may be available through other addresses or channels.
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Consent: By accessing and/or using our Site, ordering and/or purchasing via our Site, you agree to these terms of use and our Privacy Policy (available on our Site) (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Legal Capacity: You must be eighteen (18) years of age or over to purchase products from our website. When you place an order or make a purchase using our website this is acknowledgement that you are eighteen (18) years of age or over and you have accepted these terms and entered into a legal contract in relation to these terms.
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Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure that you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Use of Website: When you access this website, you agree only to use this website for the purpose that is permitted by these terms and to use it for lawful purpose. You also agree to the following condition: you may only use the website and its content for personal use unless Fur Personality provides express written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
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(a) anything that would constitute a breach of an individual’s privacy, breach any laws or regulations, or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) cause annoyance to other uses, interfering with any user using our Site;
(d) tampering with or modifying or corrupt our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited advertising or promotional material;
(f) facilitating or assisting a third party to do any of the above acts.
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We will not be held liable for any loss or damage caused by a disruption of service, viruses or harmful technology that may affect your computer equipment, programs, or data from the use of this site.
Information, materials and services: The Content in this website is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. It is not legal advice or professional advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, Fur Personality own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Our site includes registered trademarks and copyright text, data, images, photographs, video, design and layout, logos, graphics and other intellectual property rights. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
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(a) copy or use, in whole or in part, any Content;
(b) reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Custom Made Photo Cushions:
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Purchase of cushions and payment must be completed via the website www.furpersonality.com shop cart before we begin to process your custom dog photo cushion order.
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You will receive an email from sales@furpersonality.com. This email is titled “Photo request email”. You will be asked to reply to this email and provide your dog’s (or cat’s) name. You will also be asked to send a hi-resolution image/photo of your dog (or cat) as an attachment to your email reply. We work with hi-resolution JPEG, PNG and HEIC formatted photos. We only print dog and cat photos. Send us your highest quality photos. You can provide either a portrait or landscape orientation photo; the photo will be cropped and placed for best fit. When your photo is placed and cropped you will lose some photo details.
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It is the customer’s responsibility to select and send a photo for printing that is of an acceptable image resolution. We cannot guarantee that the finished printed product on fabric will be an exact or identical picture resolution as seen on your computer monitor.
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Photo colour variations can exist between our computer screen and yours and the finished fabric printed product. We cannot guarantee exact or identical colour matching in the completed fabric printed product.
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You understand and acknowledge that your image will be printed on fabric in a large size format. This means the finished printed product will not be an exact or identical picture resolution as seen on your computer monitor. Therefore, we are not responsible for loss of image resolution, due to the stated reason, on the finished printed product.
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We will not accept liability for loss of your content. You are responsible for your original content and therefore it is up to you to preserve it and take steps such as back-up copies.
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To help achieve a best print result, if needed, we will do some design work to your photo. This design work is of a basic nature and is basic photo editing. This basic design work includes placing and cropping your photo for best fit into the photo panel section of the cushion. When your photo is placed and cropped you will lose some photo details. We may also do some basic photo editing to help achieve a best print result. This basic photo editing may include (but not limited to) adjusting brightness, exposure, contrast and colour enhancement to your photo.
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Your purchase includes two separate emailed print proofs from us, for you to review the basic photo editing and check the spelling of your dog’s (cat’s) name. If you request additional edits after this, such as a photo change or any other photo editing requests there is an additional design edit charge. Any extra emails that are a result of any additional editing requests will be charged at $25 per emailed print proof.
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You will receive an email to review your photo panel for print approval. It is your responsibility to ensure you are happy to enter into the final printing of your order. It is your responsibility to proof read and double check your order before you approve for print. Once we receive an email confirming print approval your order will be moved into production.
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You understand and acknowledge that we are not responsible for low resolution photos, spelling and overall photo quality because this can be checked by yourself before print approval and during proof stage.
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We are unable to accept amendments to your order once you have approved for print and it has moved into the printing stage.
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Finished sizes of products are approximate only, because the photo cushions are individually made.
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Our quoted production and shipping times are approximate only and it may on occasions take longer than anticipated and quoted due to circumstances out of our control. You understand and acknowledge our quoted times are made on an approximate basis.
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You understand and acknowledge that this is a custom product order that features your photo and therefore is considered to be made to your specification. You understand and acknowledge that once you have approved for print your order cannot be cancelled.
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It is your responsibility to ensure you have provided us with the correct shipping address. The delivery address cannot be changed once the order has been dispatched via the shipping company. We cannot be held responsible/liable for non-receipt of orders that have incorrect shipping information.
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Our change of mind policy does not apply to any custom photo cushion purchases. You understand and acknowledge that this is a custom product order that features your own photo and therefore is considered to be made to your specification. You understand and acknowledge our change of mind policy does not apply to any photo cushion purchases. Therefore, please choose carefully as refunds will not be provided when you have changed your mind. Go to Refund Policy.
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Unless otherwise indicated, Fur Personality own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Our site includes registered trademarks and copyright text, data, images, photographs, video, design and layout, logos, graphics and other intellectual property rights. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: (a) Copy or use, in whole or in part, any Content; (b) Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (c) Breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
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Fur Personality reserves the exclusive right, in Fur Personality’s absolute sole discretion, at any time for any reason to decline your content and refuse to process an order.
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You must not use the service in any way for fraudulent or illegal purposes. You must not transmit, upload, post or use the service to process prohibited content, which includes, but is not limited to material and content that: (a) Violates any regulation or law; (b) Is unlawful, abusive, threatening, offensive, harmful, defamatory, obscene, vulgar, indecent, deceptive, violent, pornographic, profane, objectionable, or otherwise inappropriate in any way; (c) Is slanderous, constitutes hate speech or advocates harm against any group or individual; (d) Infringes or violates on the rights of others including, but not limited to, publicity, privacy, copyrights and intellectual property rights without the approval and consent of the owner of these rights; (e) Encourages or advocates illegal activity; (f) Is copyrighted and used without the permission of the owner; (g) Contains viruses, worms, corrupt files, Trojan horses or any other sort of corruptive code. You are solely liable for any prohibited content, copyright or intellectual property infringement that results from your use of this Site and services.
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You are solely responsible/liable for your own content and material that you have provided for use using this website and service. You are solely responsible/liable for your use of any material and content which could include, but not limited to, images, text and other design elements that you have incorporated into your product. You warrant that you either own your content or have written permission from the copyright owner. You agree that you will not use any copyrighted work of any third party in your products unless you have obtained the appropriate permissions and authorisations from the owners. You are solely liable for any copyright or intellectual property infringement that results from your use of this Site and services. You are solely liable for any illegal activity that results from your use of this Site and services.
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By placing an order and purchasing from our website you grant to Fur Personality a perpetual, irrevocable, worldwide non-exclusive, royalty free licence, transferable right (including the right to sub-licence) to use, view, copy, crop, modify, access, distribute, publicly display, reproduce, process, transmit, adapt, publish, display, communicate and make/create derivative works of your content and material that you have provided for the purpose of fulfilling your order and providing the product and/or providing related services to you and/or marketing products to you.
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Content or Communication you have made with us: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to Fur Personality a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence, transferable right (including the right to sub-licence) to use the User Content, with the right to use, view, copy, adapt, access, modify, crop, reproduce, process, publish, display, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast and make/create derivative works of, or otherwise exploit such User Content on, through or by means of our Site.
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If we have communicated and you have approved us to share and/or you have agreed and/or provided approval to us to use your material and content which could include (but not limited to), images, text, social media posts, photos, and other design elements (Your Content or Material) for the purpose of advertisement which can include (but not limited to) our website, all social media platforms, flyers, pamphlets, any electronic or physical advertisement channels. You grant to Fur Personality a perpetual, irrevocable, worldwide non-exclusive, royalty free licence, transferable right (including the right to sub-licence) to use, view, copy, crop, modify, access, distribute, publicly display, publicly perform, reproduce, process, transmit, stream, broadcast, adapt, publish, display, communicate and make/create derivative works of, or otherwise exploit such User Content, Your Content and Material.
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You agree that you are solely responsible for all of Your Content and all User Content that you make available to us to use, on or through our website and/or any other/all platforms, and/or any other/all advertisement channels. You represent and warrant that:
(a) you are either the sole and exclusive owner of all Your Content and User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content and Your Content (as contemplated by these Terms); and
(b) neither the User Content or Your Content nor the posting, uploading, publication, submission or transmission of the User Content or Your Content or our use of Your Content or the User Content on, through or by means of our Site, and/or any other/all platforms, and/or any other/all advertisement channels will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
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You are solely responsible/liable for Your Content, User Content and Material that you have provided for use to us which includes (but not limited to) using this website and service, approved use and approved advertisement use. You warrant that you either own Your Content and User Content or have written permission from the copyright owner. You agree that you will not use any copyrighted work of any third party in Your Content or User Content unless you have obtained the appropriate permissions and authorisations from the owners. You are solely liable for any copyright or intellectual property infringement that results from Your Content, User Content and Material that you have provided for use to us which includes (but not limited to) using this website and service, approved use and approved advertisement use. You are solely liable for any illegal activity that results from Your Content, User Content and Material that you have provided for use to us which includes (but not limited to) using this website and service, approved use and approved advertisement use.
We do not endorse or approve, and are not responsible for, Your Content and any User Content. We may, at any time (at our sole discretion), remove any User Content or Your Content.
Third party sites: Our Site may contain links to websites operated by third parties. We do not control, endorse or approve, and are not responsible for, the content on those websites. If you access these third party websites you do so at your own risk. You should make your own investigations with respect to the suitability and content of those websites. You should also review privacy policies and terms of use of all the third party websites that you visit.
Privacy policy: Fur Personality’s Privacy Policy is available on this website. See the Fur Personality Privacy Policy.
Cookies and web beacons: As stated in Fur Personality’s privacy policy, we may use cookies on our Site from time to time. A Cookie is a small data file that apps or websites place on your computer or device. These Cookies are most often used to identify information about web surfing behaviour or preferences for a site. Cookies may identify information about your website visit, such as browser software, your server’s IP address and the pages you visit and your location. Cookie technology is used to provide and enhance our website and services provided to you. Most web browsers accept cookies automatically but you can usually modify your internet browser settings to decline cookies, however turning cookies off may make some features of a website become unavailable. We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page.
Images of goods: All the images/photographs of goods are for illustrative purpose only. The photos may not exactly depict the goods.
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Prices: Prices listed are in AUD and include GST. Prices are subject to change without notice.E&OE.
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Promotions / Promo Codes: Go to Promo Now On and Go to Terms and Conditions.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Outages: We cannot guarantee our site will always be available. It may become unavailable due to technical breakdowns which requires the site to be withdrawn for maintenance. Or we may have interrupted or withdrawn access to the website to perform upgrades. We may withdraw or interrupt your access for these reasons, but we are not limited to only these reasons.
Security: We cannot guarantee the exchange of data and information via the internet is secure or virus free. The internet, and websites use third party network services that are not in our control. We take reasonable steps to protect information that we receive but we do not warrant and we cannot guarantee the security of any information that is transmitted to or by us over the internet via our website or mobile applications. The transmission and exchange of information is carried out at your own risk.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
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(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses and other contamination; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Fur Personality, its directors, officers, employees, consultants, agents and affiliates, from and against any and all claims, liabilities, suits, action or proceedings and damages and/or costs, expenses (including litigation cost and reasonable legal costs) arising directly or indirectly from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Waiver: Failure by Fur Personality to take action or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Fur Personality will reserve their entitlement to enforce their rights and remedies in relation to a breach of these terms. Any waiver of any provision of these terms will only be effective if it is in writing and signed by Fur Personality.
Severance: If any provision of these Terms is held to be void, invalid, unlawful or unenforceable, then that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), then that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction & Governing Law: Your use of our Site and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
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Last update: June 2023
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