OMNI CREATIVE
PRIVACY POLICY & TERMS AND CONDITIONS

Last Updated June 2018

 

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Omni Creative (‘”Omni Creative”, “we” or “us”) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your personal information and data. If you purchase a product, access our webpage, or provide us with your data, you warrant to us that you are over the age of 16 years.
By using this website and/or purchase products from Omni Creative, you agree to the following Privacy Policy & Terms and Conditions. Please review them carefully before using this website.
If you do not agree to all of the terms and conditions and/or privacy policy, then you may not access the website or use any services.
Before you register with our website or make any purchases within, you will be asked to consent to our Privacy Policy. If you have consented or once you do consent, the terms of the Privacy Policy, together with these Terms and Conditions, the information contained herein constitutes the entre agreement between site users and our company relating to the use of this website.

PRIVACY POLICY

COLLECTION OF PERSONAL INFORMATION

Personal information/data means any information capable of identifying an individual. It does not include data that is anonymous in its source.
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address, and any other information that you supply to us upon purchasing. 

Financial data is obtained, such as your credit card or bank transfer details, in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred or gained from our payment processors, Stripe & Paypal. Please review their Privacy Policy to determine how they use, disclose and protect your financial data.
When you browse our store, we also automatically receive your computer's internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. 

We will only use your personal data for a purpose it was collected for, or a reasonably compatible purpose if necessary.
With your permission given upon subscribing to our newsletter, we may send you emails about our store, new products and other updates via email marketing.

We may access your personal information from social networking sites and apps such as Facebook, Instagram and Pinterest, or sites and apps not named specifically here. This may include your name, social network username, location, email address and any other information that is made publicly viewable by you. Please change your privacy settings on your social networking site if you do not wish for this to occur.

You may provide us on occasion or when prompted, additional data or personal information in order to enter a contest or giveaway provided by us.

We retain personal data for as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. You may request that we delete your data at any time. However, we cannot control the retention of data of third parties. Please contact those parties directly if you wish to remove your data. A list of third parties with whom we associate, can be provided upon request.

 

When you access or use our webpage or services, we automatically collect information about you, including:

Log Information: We collect log information about your use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address and the page you visited before navigating to our Services.

Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

Information Collected by Cookies and Other Tracking Technologies:We use different technologies to collect information, including cookies. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, to see which areas and features of our Services are popular and count visits. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

 

USE OF PERSONAL INFORMATION

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. In the event we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal information without your knowledge or consent where this is required or permitted by law.

 

THIRD-PARTY SERVICES / LINKS
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. 
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. 
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. 
When you leave our website, we encourage you to read the privacy notice of every website you visit.Once you leave our store's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website's Terms of Service. 
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. 

STORE HOSTING
Our store is hosted on Big Cartel. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 
Please review Big Cartel’s Privacy Policy for information on how they store your data.

PAYMENTS
Upon choosing a direct payment gateway to complete your purchase through the external payment gateways that we associate with, Paypal and Stripe, please view their Privacy Policy for further information on how they collect and store your data. We do not store any payment information directly.

SECURITY 
We take reasonable precautions to protect your personal data and keep your information secure. 
We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse.  However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse.  We cannot guarantee complete security of any information you transmit to us.
By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.


CUSTOMER CONSENT 
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, or make contact with us, we imply that you consent to our collecting it and using it for that specific reason only. 
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent? 
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by emailing us at 
rachel@omnicreative.com.auor unsubscribing from within our emails.

CHANGES TO THIS PRIVACY POLICY 
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store changes hosts, your information may be transferred to the new hosting site so that we may continue to sell products to you. 

CONTACT INFORMATION 
For any queries, please email rachel@omnicreative.com.au

 

TERMS AND CONDITIONS

COPYRIGHT

All artwork is the exclusive property of Omni Creative ABN: 51 969 238 106 and is protected by Australian (the Australian Copyright Act 1968) and international copyright and trademark laws.

Additionally, if any artwork or design is purchased by the Customer, Omni Creative reserves the right to take photos/images of the purchased artwork and use for advertising and or print editions. 
Products purchased and or images owned by Omni Creative cannot be reproduced, resold or distributed without prior knowledge and consent from Omni Creative. Products purchased from Omni Creative are Copyrighted and design rights remain with Omni Creative. 

 

PRODUCTS

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

 

THIRD PARTY LINKS & AFFILIATES

Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

We may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

 

PRICES

Prices are shown in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices for our products are subject to change without notice. Any images shown of artwork that do not include a price, are not to be interpreted as free or on sale.

Any props, accessories, furniture or decorations shown in images with the artwork are not included in the price and do not come with the artwork. 

Unless stated otherwise, the price displayed on the products on our website represent the full retail price listed on the product itself. 

 

CUSTOM COMMISSION WORKS

Omni Creative requires a 50% deposit upon booking and prior to any works beginning. The balance is due upon completion and prior to shipping and or pick-up

 

ORDERS

Upon the Customer confirming their order, the Customer agrees to purchase the products for the price and any postage and handling charges, as applicable. Omni Creative will send the products to the Customer within 7 business days for stocked items after receiving payment for the product/s, and 7-21 days for items that are custom made, unless otherwise stated. 

 

AVAILABILITY

The Customer shall not be entitled to object if information about products on the webpage are incorrect, or if advertised products are not available, or if images of products differ from the actual products.

 

PAYMENT

Payment is required at the time of purchase for all stocked items or pre-order items. Omni Creative accepts payments via Paypal or Stripe through the website and either Paypal, Stripe or Direct Deposit for commissioned work.

 

SHIPPING/DELIVERY

Omni Creative will package and ship artwork, at the buyer’s expense, once full payment has been received.

The Customer agrees to not hold Omni Creative liable for any loss or damage either directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated timeframe.

International purchasers are responsible for any fees or charges relating to taxes, customs charges and import duties.

RETURNS, REFUND & EXCHANGES
Returns, refunds and exchanges will not be accepted for change of mind, downloaded products, custom work/products, or if your product has not been received although shipped. If there is an issue with the product you have received, please email rachel@omnicreative.com.auwithin 3 business days after receiving the product, to discuss.

 

CONSENT

By using our website, you hereby consent to our Terms and Conditions.
If you require any further information or have any queries about our Terms of Conditions or Privacy Policy, please contact us by email at
rachel@omnicreative.com.au 

 

DISCLAIMER & INDEMNITY

To the extent permitted by law, Omni Creative excludes all liability to you, the purchaser or anyone else for loss or damage of any kind (however it was caused or arose), relating in any way to the website and Omni Creative and its products including, but not limited to: Loss or damage you might suffer as a result of errors, mistakes or inaccuracies on the website or products; You, the Purchaser, acting or failing to act, on any information contained on or referred to on the website and/or any linked website and products; Personal injury or property damage of any kind resulting from your access or use of the products or website.
Omni Creative shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase use or performance of products or services that the Customer purchases through Omni Creative.

If any part of these Terms and Conditions and/or Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

 

CONTACT INFORMATION 
For any queries, please email rachel@omnicreative.com.au