The Small Print

Copyright Notice

© Bendigo Web Design (A.B.N. 53 083 764 550) 2009.

The material on this website is protected by copyright under the laws of Australia and, through international treaties, other countries.

You may view this website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study but only if you (a) do not modify the copy from how it appears unless expressly authorised by Bendigo Web Design and then only in accordance with Bendigo Web Design's conditions and (b) include the copyright notice '© Bendigo Web Design' on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the material on the site, including audio, video excerpts and discussion forum posts, except as expressly permitted by a current Links Agreement with Bendigo Web Design, by statute or with Bendigo Web Design's prior written consent.

Third party sites

This website contains links to third party sites. Bendigo Web Design is not responsible for the condition or the content of those sites as they are not under Bendigo Web Design's control. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk.

This website may contain advertisements for products and/or services provided by third parties. Bendigo Web Design is not responsible for the products and/or services including associated costs.

The use of a trademark on this site is not intended to indicate any association with or endorsement by the owner of that trademark.

Disclaimer

In compiling the information contained on, and accessed through, this website ('Information') Bendigo Web Design has used its best endeavors and good faith to ensure that the Information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein.

To the extent permitted by law, Bendigo Web Design and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Bendigo Web Design limits its liability to the extent permitted by law, to the re-supply of the Information.

When you send us any feedback or suggestions in relation to Bendigo Web Design website, you agree that we can use any ideas, concepts, or techniques contained in the feedback or suggestions. When you participate in any chat sites, forums or other activities involving the publication of materials that you provide in the public forum, you agree that we can reproduce, use and distribute those materials.

Applicable Law

This website (excluding any linked third party sites) is controlled by Bendigo Web Design. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in Victoria, Australia in accordance with the laws in force in Victoria, Australia (except any principle of conflict of laws inconsistent with this requirement).

This website may be accessed throughout Australia and overseas. Bendigo Web Design makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so, on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

Quotes

All quotes supplied by Bendigo Web Design (BWD from here on in) are valid for 14 days unless stated otherwise in writing. If the quote is not accepted by signing and returning to BWD with a deposit (see 'Payment Terms' below) within 14 days of the date of the quote then a new quote must be obtained.

Payment Terms

1. The client will be invoiced for fifty percent (50%) of the total signed quote and BWD requires this amount to be paid before work begins on the website.
2. The client will be invoiced for the balance outstanding on completion of the work unless otherwise stated in writing. BWD requires the client to pay the final amount within 7 days of the date of the invoice. Payment must be made in full before the website goes 'live' on the Internet or a copy made available to the client. Additional reminder invoices will be sent at a rate of one per week until the outstanding is paid in full. Each additional reminder invoice will incur a fee of $25 (AUD).
3. Should BWD be unable to complete the website, within 30 days of the client signing the quote and paying a deposit, due to the client’s failure to supply the necessary documentation, then BWD reserves the right to invoice the client for any work completed to date. The client agrees to pay this amount within 7 days of the invoice date.
4. Accounts that remain unpaid 14 days after the invoice due date will forfeit all free services as detailed as 'FREE' in the quote i.e. 1 year free hosting or domain name charges and become payable in full.
5. Payments can be made by Paypal, cheque, direct bank deposit, Visa and MasterCard (via PayPal through our website).

Cancellations

1. The client must advise BWD by telephone and in writing of the request not to proceed with work.
2. Should the client wish to cancel his acceptance of the quote then BWD will invoice the client for any work completed to date. The minimum cancellation fee will be twenty five percent (25%) of the signed quote.

Website Content

1. Clients are required to ensure that the content of their website meets all the current Australian and International legislation regarding publications. The client shall further indemnify BWD in respect of any claims, costs and expenses that may arise from any material included in their site by BWD at the client’s request.
2. BWD reserves the right not to include any material supplied by the client if BWD deems it inappropriate or offensive.

Permissions & Copyrights

1. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client.
2. Supply of aforementioned material by the client shall be regarded as a guarantee by the client to BWD that all such permissions and authorities have been obtained.
3. No responsibility will be accepted by BWD for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
4. All original graphics designed and supplied by BWD, remain the property of BWD until the client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the client.

Errors & Liabilities

1. BWD will use all due care to ensure sites worked on by BWD are free of errors.
2. BWD will correct any errors made by staff of BWD in the course of working on a client’s site.
3. BWD does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed 'live' on the Internet.

Website Maintenance

1. BWD will perform a reasonable amount of simple website maintenance, free of charge. BWD reserves the right to decide what this 'reasonable' amount will be.
2. Any additions to the site eg extra pages, forum software, etc, will be charged at a rate previously agreed by both parties.

Alterations

1. BWD will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.
2. If BWD are required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.

Privacy Policy

We are committed to the protection of your privacy and your personal information.

We will do our utmost to comply with laws relating to privacy, data collection and the use of information that are currently enacted or may be enacted in the future.

As a guide, we use information that is collected from the Site:

• to operate the Site;

• to provide you with a product or a service you have requested from the Site;

• to help us gain a better understanding of your likes and dislikes, so as improve the site, our marketing strategies and/or the products and services generally offered by us or our related companies.

Information we collect

Generally speaking, the information that we may collect can be divided into the following categories:

Information you give us

We receive and store information that you actively provide to us. This may represent a potentially wide range of information. For example, we may collect information from you such as e-mail address, phone number, gender and date of birth. Your participation in promotions and other events may involve further information being provided by you. We will only record your e-mail address if you provide it to us. It will only be used for the purpose for which you have provided it and will not be added to a mailing list. We will not use your e-mail address for any other purpose and will not disclose it, without your consent.

Information we collect from you

We may from time to time receive and store certain information relating to your use of, and behaviour on the Site. This information is commonly referred to as "clickstream" information. For example, we may record information such as the areas of the Site you have accessed, the time, date and URL of the pages requested by you, your IP address and your browser software. The recording of such information enables us to monitor the areas of the Site that are most popular and to improve sections of the Site accordingly.

Information obtained from 'cookies'

The Site makes use of a feature of Internet web browsers called "cookies", which are small pieces of information stored by your browser on your computer's hard drive. Cookies are used to maintain session information between your browser and the Carnival Media Group website, and are required for the Carnival Media Group website to operate.

Use and disclosure of your information

To facilitate our efficient use of your information, and to provide you with the services or products requested by you, it may sometimes be necessary for us to disclose your information to third parties. However, this disclosure will only occur in the following circumstances:

Our Employees, Contractors and Agents

From time to time we may engage or employ other companies and individuals to perform functions on our behalf. Examples may include, but are not limited to, processing credit card payments, fulfilling orders and delivering products, analyzing data, providing marketing assistance and/or providing information technology and related services. Such parties will have access to only that personal information required by them to perform their functions, and may not use such information for any other purposes, nor are they to provide your information to third parties without your consent.

Where required to by Law

In certain circumstances we may be required by law to disclose your personal information, for example, where disclosure is ordered by a Court, or subpoenaed in relation to third party litigation. We also reserve the right to choose to disclose your information to law enforcement agencies in circumstances described in the National Privacy Principles and other applicable laws and regulations, including for the purpose of investigating alleged contraventions of the law.

With your Consent

Other than as outlined above, we will endeavor to provide you with notice (which may occur via your nominated e-mail) when we wish to provide personal information about you to third parties, and provide you with the opportunity to choose not to share that information.

Is my information Secure?

Your information is stored on a computer server located in Victoria, Australia. We attempt to keep our server secure and free from unauthorised access and use, by enforcing physical security at the premises in which the server is located, and by using industry standard technological measures to prevent unauthorised remote access to the server.

Unfortunately no server on the Internet, nor any data transmission over the Internet, can be guaranteed to be 100% secure. Despite our best efforts to keep our server and transmissions to and from our server secure, we are unable to absolutely guarantee security and there will always be a risk of unauthorised access to your information. Although we will take all reasonable steps to keep secure any information that we hold about you, we will not be held responsible for events arising from unauthorised access to such information.

Correct as of 26.10.09