Website Terms
About Pinch and our Website
1. These terms are our house rules
We bring our client's movements to life through creative storytelling and targeted strategy to engage the hearts and ears who need to hear their message the most! through our various Services.
◗ These Website Terms are our ‘house rules’ and they apply when you visit our Websites which includes our website www.pinchstudios.com.au, and our presence on third-party applications like @pinchstudios.au on Instagram.
◗ These Terms apply to everyone who uses our Site, so we aim to make them easy to understand and fair. ◗ If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Sites. ◗ By visiting our Sites, you agree to these Terms, as well as our Privacy Policy.
Using our Website
2. Security
We have systems & processes to store and manage information, but in general the internet and our Sites may not be 100% secure.
3. Use our Website in line with these Terms
◗ Our Website has materials, information, and Resources which we created using our cleverness and years of experience. We are happy for you to access our Website but only if it as set out in these Terms.
◗ We grant you a limited licence to use our Website and Resources as set out in these Terms. Any other uses of our Website or Resources are not allowed unless we give our written permission.
4. No pinching: Competitors, our Resources aren’t for you You must not use our Website or Resources in a way that competes with Pinch or breaches our IP rights. ◗ If you want to collaborate or license our Resources for your own use, we’d be happy to chat.
Resources and Intellectual Property
5. Using Resources and IP rights
We own or licence all rights, title, and interest (including intellectual property rights) in our Website and all Resources. Accessing our Website or Resources does not grant or transfer you any rights, title or interest in our Website or Resources.
Resources means all tools we create, develop, or use to supply products and services which might include access to written information, video, audio, digital products, workshops, checklists, manuals, guidelines, material on our Website, and / or courses.
◗ As long as you link back to our Website and give us credit where appropriate, you can sample & re-post up to 100 words on any other site.
◗ Unless you get our prior written permission, you are not allowed to:
sell or otherwise re-use Resources for commercial purposes; or
re-post any Resources in full somewhere else; or
change, copy, or use, in whole or in part, any Resources (unless validly bought for your own use).
6. Content you post to the Website
We may let you post or submit information or content to the Website (User Content). If you post content to our Website, you grant us a broad global, royalty-free licence to use that content as we see fit.
◗ This means we might use and publicly display your User Content on our Website. For example, reposting positive comments you make on a public social media page about us or our business.
◗ If you make User Content available on our Website, you are fully responsible for it. ◗ We don’t endorse or approve, and are not responsible for, any User Content. We can remove User Content at any time.
Changes
7. Changing up our Terms
From time to time, we may change these Website Terms, so check them when you visit to make sure you’re still happy with them!
◗ Our Website may change often and without notice to you (especially if we don’t have your email address!). ◗ We do not promise to keep our Website updated, so we’re not responsible if Resources or information is inaccurate or out-of-date.
8. Changes to our products and services
Sometimes we might update pricing or descriptions of products and services.
◗ We might need to refuse or cancel your online orders if our Website information or products and services are incorrect.
◗ We try to do this within a reasonable time of realising the error.
9. Closing down our Website
We may, at any time and without notice to you, close our Website or parts of it.
◗ We can exclude anyone from our Website.
This will generally be because they engaged in the bad behaviour mentioned below. In other situations, we’ll try to give you reasonable notice of changes to your Website access.
◗ We’re not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Website or close down the Website.
Paying for losses and limiting liability
10.Keep yourself nice
Engaging in the below bad behaviour may result in us reporting you to relevant authorities and/or locking your access to our Website and Resources without notice.
◗ When you use our Website and Resources, you must not do (or try to do) anything unlawful or which we reasonably think is inappropriate or might damage our reputation.
◗ You must not tamper with or modify our Website, or knowingly send viruses or other disabling features, including by using trojan horses or programming routines that may damage or interfere with our Site.
If you cause us loss, you’ll need to pay us
You must pay us for any loss or damage you cause us that arises from your use of the Website or your breach of these Terms (such as misusing our Resources).
◗ To the extent allowed by law, you must pay for costs we incur caused or contributed to by:
your breach of these Terms or our other policies,
your use or misuse of Services or our Resources.
For example, if you misuse our Resources and we suffer loss, you will need to pay us for that loss.
11.Limiting our liability to you
Consumers have certain rights under the Australian Consumer Law (ACL), and nothing in these Terms excludes your rights to Consumer Guarantees or other legal rights.
◗ To the extent allowed by law, we exclude liability for claims by you or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
◗ Unless we directly cause your loss through negligence or wilful misconduct, we are not responsible for loss from you using our Website, products, or services (or inability to use).
◗ Where we can’t exclude liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of paying someone to re-supply the relevant Services to you.
General info
12.Other terms for our Website
◗ Passwords: If we give you a username and/or password to access Website features or extra Resources, you must keep those details confidential. You are responsible for any unauthorised use or misuse of your passwords and resulting use of the Website and Resources.
◗ Ending these Website Terms: You can stop using our Website at any time. These Terms continue until we terminate them, which we may do at any time and without notice to you.
◗ Continuing restrictions: All restrictions these Terms impose on you and the limits we place on our liability in these Terms will survive for at least 6 years after termination.
◗ No waiver of rights: The delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
◗ Invalid terms severed: If a court of law decides one or more parts of these Terms are invalid or unenforceable, those parts are severed from these Terms and other parts remain in full force and effect.
◗ Governing law: The laws of New South Wales govern these Terms and you agree to submit to that jurisdiction.
◗ Accessing the Website: We do not promise our Website complies with any laws outside Australia. If you access our Website from outside Australia, you do so at your own risk. You are responsible for following applicable laws where you access our Website.
13.Contact us
If you have any questions or concerns about our Website or services, please let us know so we can help.
Last updated: April 2024