Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Creative Corner website, including any content, features, Member accounts, and paid Subscriber plans made available through it (together, the “Site”). These Terms constitute a legally binding agreement between you and Creative Corner (“Creative Corner”, “we”, “us” or “our”).
By accessing or using the Site, registering as a Member, or subscribing to a paid plan, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Site.
1. Eligibility
You must be at least 16 years of age to create a Member account or Subscriber plan on Creative Corner. By registering, you represent and warrant that you meet this age requirement and that all information you provide is accurate and current. We may request verification of your age or identity at our discretion and may suspend or terminate accounts that do not meet this requirement.
2. Account Types: Members and Subscribers
2.1 Members
A “Member” is a registered user with a free Creative Corner account. Membership gives you access to core Site features, such as browsing content, creating a profile, and participating in community areas, subject to any limits we set from time to time.
2.2 Subscribers
A “Subscriber” is a Member who has purchased a paid subscription plan for access to additional features, content, or benefits (“Subscription”). Subscription tiers, pricing, and included features are described on the Site at the time of purchase and may change from time to time, with reasonable notice to existing Subscribers before any changes take effect for their current billing cycle.
2.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly at the contact details in Section 16 if you suspect unauthorised use of your account.
3. Subscriptions, Billing, and Payment
- Third-party payment processing: all payments for Subscriptions are processed by third-party payment processors (such as Stripe or PayPal). Creative Corner does not directly collect or store your full payment card details. Use of a payment processor is also subject to that processor’s own terms and privacy policy.
- Billing cycle: Subscriptions are billed on a recurring basis (e.g. monthly or annually, as selected at sign-up) and will automatically renew at the then-current price unless cancelled before the renewal date.
- Price changes: we may change Subscription pricing from time to time. Any price change will apply from your next renewal date, and we will provide reasonable advance notice before it takes effect.
- Cancellation: you may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current paid billing period, and you will retain access to Subscriber features until that date.
- No refunds: except as required by the Australian Consumer Law (see Section 4) or as expressly stated on the Site, fees already paid are non-refundable, including for partial billing periods or unused features.
- Failed payments: if a payment fails, we may suspend or downgrade your Subscription until payment is successfully processed.
4. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be lawfully excluded. Where our liability for a breach of a non-excludable guarantee cannot be excluded but can be limited, our liability is limited, at our option, to the resupply of the services or the cost of having the services resupplied.
5. User-Generated Content
The Site allows Members and Subscribers to post, upload, or submit content such as comments, artwork, images, text, and other creative material (“User Content”).
5.1 Your Ownership and Licence to Us
You retain ownership of any intellectual property rights in your User Content. By posting User Content on the Site, you grant Creative Corner a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, display, distribute, and adapt your User Content solely for the purposes of operating, promoting, and improving the Site. This licence ends when you delete the relevant User Content or close your account, except to the extent copies remain in routine backups or where you have posted it in a public area and others have shared or saved it.
5.2 Your Responsibilities
You are solely responsible for your User Content. By submitting User Content, you represent and warrant that:
- You own it or have all necessary rights and permissions to post it.
- It does not infringe any third party’s intellectual property, privacy, or other rights.
- It does not contain unlawful, defamatory, obscene, hateful, or harassing material.
- It complies with these Terms and any applicable law.
5.3 Moderation and Removal
We do not routinely review User Content before it is posted, but we may monitor, moderate, remove, or refuse to display any User Content, at our sole discretion, if we consider it breaches these Terms, is unlawful, or is otherwise inappropriate for the Site. We may also suspend or terminate accounts that repeatedly post content in breach of these Terms.
6. Acceptable Use
When using the Site, you must not:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Upload viruses, malware, or other harmful code, or attempt to interfere with the security or functioning of the Site.
- Scrape, harvest, or collect data from the Site by automated means without our prior written consent.
- Circumvent, disable, or otherwise interfere with Subscriber-only access controls or paywalls.
- Harass, threaten, or abuse other users or Creative Corner staff.
- Reproduce, resell, or commercially exploit any part of the Site or its content without our permission.
We may suspend or terminate your account, with or without notice, if we reasonably believe you have breached this Section 6 or any other part of these Terms.
7. Intellectual Property
Except for User Content, all content on the Site — including text, graphics, logos, design, software, and the Creative Corner name and branding — is owned by or licensed to Creative Corner and is protected by copyright, trade mark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Site except as expressly permitted by these Terms or with our prior written consent.
8. Third-Party Links and Services
The Site may contain links to third-party websites or services, including our payment processors, that are not owned or controlled by Creative Corner. We are not responsible for the content, privacy practices, or terms of any third-party sites or services, and your use of them is at your own risk and subject to their own terms.
9. Disclaimers
To the maximum extent permitted by law, and subject to Section 4 (Australian Consumer Law), the Site is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.
10. Limitation of Liability
To the maximum extent permitted by law, and subject to Section 4, Creative Corner and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Site. Our total aggregate liability for any claim arising out of or in connection with these Terms or the Site is limited to the total amount you paid to us for Subscription fees in the 12 months preceding the event giving rise to the claim.
11. Indemnity
To the extent permitted by law, you agree to indemnify and hold Creative Corner harmless from any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your User Content, or your misuse of the Site.
12. Suspension and Termination
We may suspend or terminate your Member or Subscriber account at any time, with or without notice, if we reasonably believe you have breached these Terms, engaged in fraudulent or unlawful activity, or otherwise pose a risk to the Site, other users, or Creative Corner. You may close your own account at any time via your account settings or by contacting us. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnity) will continue to apply after your account is closed.
13. Changes to the Site or These Terms
We may update, modify, or discontinue any part of the Site, and may amend these Terms from time to time. Where changes are material, we will provide reasonable notice by email or via a notice on the Site before the changes take effect. Your continued use of the Site after any changes take effect constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you should stop using the Site and may close your account.
14. Governing Law
These Terms are governed by the laws of Western Australia, Australia, without regard to its conflict of law principles. You submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts.
15. General
- Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Creative Corner regarding the Site.
- Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- No waiver: our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
- Assignment: you may not assign or transfer your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
16. Contact Us
If you have questions about these Terms, please contact us at:
- Email: hubmanager@thecreativecorner.com.au
- Mail: Creative Corner, PO Box 1579, Margaret River WA 6285