Terms and Conditions

TABLE OF CONTENTS
1.   Overview - What you need to know
2.   Using our Sites, Products and Services
3.   Accessing Third Parties Through Our Site
4.   Making Contributions
5.   Buying our Products
6.   Your Privacy and Security
7.   Advertising with Us
8.   Complaints and Feedback
9.   Contact us

1. OVERVIEW - WHAT YOU NEED TO KNOW

1.1 About us
Colourful Distractions:
~ Is a registered Australian business. Our Australian Business Number (ABN) is: 87 536 155 108.
~ Is not affiliated or in partnership with any local, national or international tourism groups, however we do provide links to some of these for your convenience 
  
1.1 Our Terms and Conditions explained
Our Terms and Conditions describe both yours and our responsbilities and rights in relation to your use of the Colourful Distractions website, social media sites, products and services. These along with our Privacy Policy and related terms, conditions and policies referenced herein describe your agreement with us. They are all governed by and construed in accordance with the laws of Australia.
 
1.2 Your agreement with us
By accessing and using our products and services you are agreeing to comply with and be bound by our Terms and Conditions. We recommend you  read them carefully and if you do not agree with all or portions of these, please do not access or use  our website, social media channels or services.

1.3 Changes to the Terms and Conditions
Colourful Distractions reserves the right to at any time, without notice, update, make changes and/or replace any part of:
~ Our website, social media sites, products and services
~ Our Terms and Conditions and related policies
Any new features or tools added to our sites, products and services are also subject to the Terms and Conditions.
Note: Your continued use of our sites, products and services following the posting of changes constitutes your acceptance of these changes.

1.4 Terms we use
Throughout the site the terms:
~ "We", "Us", and "Our" refers to Colourful Distractions
~ "You, "User" and "Your" refers to you as a user, browser, buyer, advertiser, thrid party, and/or contributor of content
~ "Third Parties" refers to provders of products and services who have no affiliations or partnerships with Colourful Distractions.
Note: The headings used in this agreement are for your convenience only. They will not limit or otherwise affect these Terms and Conditions.

1.5 Our rights
~ The failure of us to excercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
~ If in our sole judgement you fail, or we suspect you have failed to comply with any of these Terms and Conditions we reserve the right to:
      a. Refuse access to our products and services
      b. Seek compensation for resulting damages or associated legal costs.

1.5 Related Terms, Conditions, Policies and Laws

~ Colourful Distractions Privacy Policy
~ Australian Consumer Laws
~ Australian Copyright Laws
~ Australian Intellectual Property Laws

1.6 Contact us
Use the 'Contact' link on this site or send an email to admin@colourfuldistractions.com.au

2. USING OUR  SITES, PRODUCTS AND SERVICES

2.1 Things you should know
Colourful Distractions:
~ Reserves the right to make changes to our sites, their content and our products and services at any time without notice.
~ Does monitor traffic to our sites and does collect some information about what you are accessing and how when you use our sites.  Personal and account details are only collected when performing transactions with us. These are not stored on our sites. Our Privacy Policy outlines what information we do collect. 
~ Guarantees our services will be provided with the utmost care, but does not warrant that your use of these won't be interrupted or error free.

2.2 Using information we provide

Colourful Distractions does not claim to be an expert on the locations displayed on this site. All views expressed within the site are solely base on the experiences had when visiting and photographing the towns and regions. It should not be used as a single source of truth.
We are not responsible or liable for: Loss of finances, property damages or personal injuries resulting from your decisons or actions  taken as a result of accessing our sites, products or services or those of thrid parties.
You agree: To indemnify and hold unaccountable, Colourful Distractions from any claim or demand made as a result of your decisions or actions.

2.3 Ownership, Intellectual Property and Copyright
Colourful Distractions owns the Intellectual property of this site. All content and images are solely owned in their entirety by us.
You agree you will not reproduce, re-use, duplicate, sell, re-sell or exploit:
~ The Colourful Distractions website or social media sites or portions of them 
~ Any of our content or images without our permission

2.5 Proper use of our materials
You agree you will not use our sites, their content, our products or services:
~ For illegal or unauthorised purposes or to violate any laws
~ To solicit others to perform or participate in unlawful acts
~ To transmit worms, viruses or codes of a destructive nature
~ If you are a minor, unless you have been authorised by a consenting adult 

2.4 About our images
They are:
~ Not representative of associations with captured subjects unless disclosed
~ Sometimes modified to protect the privacy of others and their possessions

3. ACCESSING THIRD PARTY MATERIALS THROUGH OUR SITES

3.1 Things you should know

Colourful Distractions provides links to third party websites and materials for your convenience.
We are not affiliated or have partnerships with these third parties, unless disclosed.
We do not:
~ Monitor nor have any control over or input into the content on third party websites
~ Examine or evaluate the content or accuracy of these sites
We are not responsible or liable for:
~ Inaccuracies or misleading information
~ Third party Terms and Conditions or related policies
~ Loss of finances,personal injuries, property damage or any other consequences from your use of these sites, their materials, products or services.

3.2 You agree
~ Your use of thrid party sites is done at your own risk
~ You will not hold Colourful Distractions accountable for any problems you encounter as a result of the use of the sites, their materials, products and services.
~ It is your responsibility to comply with the thrid party terms and conditions
~ All complaints, claims, concerns or questions regarding third party products and services will be directed to the third party
~ To indemnify, hold unaccountable and defend Colourful Distractions from any claim or demand made by any third party arising from your breach of their Terms and Conditions or violation of their rights.

4. MAKING CONTRIBUTIONS

4.1 Things you should know
Although this feature is not currently available on our website it may be in the future. We do offer users the opportunity to contribute on our social media sites. Contributions includes provision or posting of comments, ideas, tips, images, suggestions or other materials, online or by email.  The same terms and conditions apply to all channels. 
We will, but are not obliged to:
~ Monitor contributions
~ Enter into online conversations
We reserve the right to without notice and at any time, remove any contributions, refuse submissions that we determine in our sole discretion are:
~ Are unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable
~ Violate's any parties intellectual property, privacy or securty
~ Breaching our Terms and Conditions
~ Directly or indirectly promoting or marketing a specific product or service unless we have granted permission
We also reserve the right to:
~ Refuse access to our services where we determine  behaviour is inappopriate or where it poses a threat to others
~ Without restriction, edit, copy, translate, publish and re-use your submissions across Colourful Distractions channels
~ Change your contributions to conform and adapt to the technical requirements of connecting networks and devices.

4.2 You agree:
~ You are solely responsible for the information and content you contribute or submit
~ We are not responsible for and assume no liability for any issues occuring as a result of your contributions
~ By providing contributions or submissions you give us permission to edit, change and re-use these across our channels
You agree that you will not contribute materials that:
~May threaten others personal safety, privacy or security
~Are libelous, unlawful, abusive or obscene
~ Harrass, abuse, insult harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
~ Submit false or misleading information
Pretend to be someone other than yourself
~ Belong to someone else without their permission
~ Advertise your own products and services without our permission
~ Contain computer viruses or other malware that could in any way affect the operation of our sites

5. BUYING OUR PRODUCTS (Images)

5.1 Things you should know
Colourful Distractions uses PayPal to conduct all transactions. Personal information including account details is collected through this service. These are ony used for the purpose of purchasing products and are not stored on our sites. See our Privacy Policy.
All images are provided:
~ Within 48 - 72 hours of your order being placed 
~ In electronic format by email. Where file sizes exceed email limits you may be asked to download from an secure external server. Instructions will be provided
We guarantee:
~ The quality of the products will match the description selected at the point of purchase.
We reserve the right to:
~ Change and update our products and pricing at any time
~ Modify or discontinue the sale of our products
~ Refuse the sale of products where in our sole judgement appear to be placed by dealers, re-sellers or distributors
~ Refuse changes in orders after 24 hours of the order being placed
Your rights
If you have an existing order in place when changes are made, your order will be filled according to the descriptions and prices at the time or your transaction.

5.2 Placing an order
You agree:
~ To provide current, complete and accurate purchase, account and contact details
~ The email address you provide will be used to ship your purchase
~ If you decide to change your order you will do so within 24 hours
~ You will not hold us responsible or liable for issues  in provision of products where incorrect selections were made  or in delivery where inaccurate details are provided by you at the point of purchase.
We may, but are not obliged to contact you if there appears to be errors in your order

5.3 Delivery of products
You agree:
~ You will recieve the products within 48 - 72 hours of placing your order, in electronic format, by email
~ In some cases you may be required to download large files from an external server
~ The products you receive will be provided in the file size and quality selected at the point of purchase
~ The products will only be used by you and will not re-sold or distributed without our consent

5.4 Cancellations, Returns, Replacements and Refunds
Colourful Distractions will:

~ Only accept cancellations up to 24 hours of you placing your order
~ Not accept return of products once despatched
~ Not replace products unless an error has been made on our part with regard to the order or delivery
We are not responsible or liable for loss of quality due to:
~Incorrect use of the files or where they are used outside the description provided at the point of purchase
~Edits or changes made to the files after delivery
You agree that:
~ If you cancel your order within 24 hours you will be reimbursed via the account provided at the time of purchase
~ Cancellations outside 24 hours will be refused by us
~ You will use the images in the way they are described in the selections at the time of purchase
~ Any changes to image files made by you is done at your own risk
~ You will not hold us responsible for reduction in quality if files are used incorrectly or changes are made after delivery
If you have any queries about your order, contact admin@colourfuldistractions.com.au

6. YOUR PRIVACY AND SECURITY
This includes critical information only. More detailed informaiton is provided in our Privacy Policy.

6.1 Things you should know
Colourful Distractions follows industry standards, legal guidleines and uses reputable trasaction based services with encrypted security features to ensure the privacy and security of your information while it is being collected by or passing through our website.
We will:
~ Only use your personal data to provide the information, products and services offerred through our website and for billing and order fulfillment.
~ Not ask you to provide personal or account details via our email or social media channels
~ Not keep your details on our website
~ Not pass on your information to anyone unless the law requires us to do so and/or we have your permission.

6.2 You agree
you will take precautions to ensure your privacy and security:
~ Create strong passwords
~ Don't share your passwords, login details or PINs
~ Always log ogg or close down the browser after you have completed a transaction
~ Protect your computer with appropriate security software
~ Be careful when using public computers
~ Immediately report any suspicious or unauthorised online activities to the relevant Government Department

7. ADVERTISING WITH US

7.1 Things you should know
Colourful Distractions offers local service providers the opportunity to advertise your products and services on our website.This offer also includes promotion on our social media sites.

7.2 If you choose to do this:

~ You will enter into an agreement with us for a period of 12 months at a 'one off' cost
~ Payment will be required at the time of signing the agreement
~ At the end of the agreement you will be offered a renewal for another 12 months
We will:
~ Work with you to co-design the content of your advertisement. This may take one or two consultations.
~ Ask you to sign off on the content before publishing
~ Publish your advertisements and promotional materials within one to two weeks of entering into the agreement. The end date will reflect this
~ Take the necessary steps to ensure your products and services are represented accurately and well presented onour site
~ Consider requests for modifications to advertisements after they have been published on a case by case basis
We reserve the right to:
~ Change our products and pricing at any time without notice
~ Refuse modifications to advertisements after they are published
Your rights:
~ You are under no obligation to enter into a new agreement at the end of 12 months
~ You are not subject to product or price changes until such time as your agreement is due for renewal

7.3 You agree to:

~ Review the agreement and terms of advertising before entering into the agreement
~ Provide the necessary information for us to create your advertisement
~ 'Sign off' on the content before it is published

8. COMPLAINTS AND FEEBACK

8.1 Your feedback is important to us.
We use it to rectify issues and improve our services.
We want to hear from you if:
~ You have had a good experience with our products and services
~ You have an idea on improvements
~ Your are not satisfied with our products, services or part thereof
The best way to contact us is via this website or email: feedack@colourfuldistractions.com.au
Regardless of the nature of your conatct we will respond within 24 - 48 hours
In some cases we may ask you if we can re-use the information you provide to promote our services. This will  not occur without your permission.
You have the right to refuse the re-use of your feedback for our promotional purposes.
We reserve the right to:
~ Refuse to respond where your correspondence is considered to be of an unacceptable nature such as harrassment, abusive, harmful, defaming, slanderous or illegal

8.2 You agree when you do contact us you will:

~ Provide accurate details so we can respond
~ Be respectful
~ Be factual
~ Provide true and accurate details
~ Apply the same conditions outlined in Section 4: Making Contributions

9. THE END - CONTACT US
Enjoy using the Colourful Distraction website, products, services and social media sites.
Got a query or question? Send an email to admin@colourfuldistractions.com.au













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