Fat Bird Creative

Terms & Conditions

Effective Date: March 2023

Welcome to www.fatbirdcreative.co.nz

INTRO

This site is owned and operated by Jessica Compton trading as Fat Bird Creative (referred to in these terms as “Fat Bird Creative” “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of www.fatbirdcreative.co.nz and the content made available to you via www.fatbirdcreative.co.nz and our social media channels (“Terms”). These terms, together with our Privacy Policy apply to all site visitors, subscribers, customers, and all other users of the site (“user”, “you” and “your”).

 

Consent to site terms

By accessing and using this site, our social media channels and any other materials made available to you or provided to you on this site, whether made available for purchase or not, you are taken to have accepted our terms. 

 

No minors

By using the site, accessing, or purchasing any products or services, you warrant that:

  1. You are over 18 years of age and have the legal capacity to enter into a legally binding contract

  2. You have read and accepted these Terms

  3. You will comply with these terms.

 

Changes to these terms

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our site and services. If at any time you choose not to accept these terms, you should not use this site. 

By remaining on this site and your continued use of this site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms when you click "Agree" or "Accept" or "Buy" or "Book" where such an option is made available to you during your use of the site. If you’re uncertain about the terms or anything else on our site, please don’t hesitate to contact us before completing any purchase. 

 

Intellectual property

The site, products and services contain intellectual property owned by us and/or by third parties that licence the content to us ("Third-Party Licenced Intellectual Property"), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images. all designs, text, videos, audio files, graphics, other files, and software ("content"). Your use of the site, the products and/or the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this site, the products and/or the services or the content. 

 

No commercial use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever, Fat Bird Creative, the products and/or services, the content, our intellectual property, and third-party licenced intellectual property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our site, products, and services without refund if you are found to be violating these terms. 

 

Links to other websites

Fat Bird Creative and our social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.

Privacy

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

Electronic communications and electronic signatures

You acknowledge and agree that you will be bound by any affirmation, acceptance, or agreement that is transmitted through this site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick "I agree", "I consent", or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop, or any other computing device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. 

Information and advice

Fat Bird Creative may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on www.fatbirdcreative.co.nz is not a substitute for obtaining advice specific to your circumstances from a qualified professional. We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or would not be appropriate for you, or where we believe that further professional advice should be sought. 

We do our best to ensure that the colours of any products are accurately displayed, but please note that on occasion the colour on our site may seem different, depending on the device you use. This can be for a number of reasons that are outside of our reasonable control and may not accurately reflect the colour of the product. 

By referencing or referring to anything on our site, including products or services, programmes, courses, any processes, or other information, this does not constitute or imply our endorsement, sponsorship, or recommendation in any way. 

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Submitting content to Fat Bird Creative and social media 

We always appreciate interaction on our social media channels and feedback about Fat Bird Creative products and services, as it helps us improve our site and our products and services. Through the use of this site, you may be invited to submit a review; you can also comment on our blog or other parts of our site, or interact with us via our social media channels. We love to hear from you! 

Where you do decide to submit such feedback or comments, you represent and warrant that:

  1. You are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions)

  2. You give us permission to post or otherwise use that feedback on our social media or other channels

  3. You waive any and all existing and future moral rights (as defined in the Copyright Act 1968(Cth) in the content you provide us

  4. The content does not violate these terms

  5. You are at least 18 years old

 

We reserve the right to remove a review or comment if it contains:

  1. Libellous or otherwise unlawful, abusive or obscene material

  2. Attacks our employees or another contributor

  3. Contains material that discloses your personal information

  4. Is unrelated to the post or content on which you have reviewed or commented on

 

Fat Bird Creative and our social media channels may feature user reviews of the products and/or services as well as blogs by guest bloggers; these reviews and the content of the guest blogs in no way represent the views or opinions of Fat Bird Creative or its owners, shareholders, employees, or others, but are the sole product of its creator. We disclaim all liability with respect to any content submitted by the user or guest blogger. 

Testimonials

On our site, we present real-life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible, but they are not intended to represent or guarantee that any current or future users of our programmes, courses, products, and/or services will achieve the same or similar results. 

Prohibited use

In addition to any other prohibitions, you must not, under any circumstances use the site or its content:

  1. For any unlawful purpose

  2. To solicit others to perform or participate in any unlawful acts

  3. To violate any international, federal, or state regulations, rules, laws, or local ordinances

  4. To attempt to change, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site

  5. To hack into any aspect of the Service; corrupt data; cause annoyance to other users

  6. To infringe upon the rights of any other person's proprietary rights

  7. To send any unsolicited advertising or promotional material, commonly referred to as “spam”

  8. To attempt to affect the performance or functionality of any computer facilities or accessed through this site

 

Warranties and disclaimers

This site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our site and/or the products or services including that:

  1. They are suitable, reliable, complete, secure, accurate or fit for any particular purpose

  2. Access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm

  3. There is no possibility of failure to store communications or other data

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Limitation of liability

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our site and /or our products or services, your inability to access our site, interruption or outage of our site or the fact that content on our site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the New Zealand Consumer Law.

Our right to be indemnified by you

To the fullest extent permitted by applicable laws, you agree to indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees harmless from any loss, liability, claim, or demand (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this site in violation of these terms and/or a breach of these terms and/or any breach of your representations and warranties set out in these terms or your breach of any law or the rights of a third party.

Additional terms

Where you have selected to enter into a further agreement, relationship or contract with us beyond this site, including by purchasing products or services which require this, we will issue you with Additional Terms. These Additional Terms, together with these Terms, will form the agreement between the parties (Agreement).

 

Breach and termination

The agreement constituted between us by your use of the site may be terminated:

  1. Where you breach any provision of these terms

  2. At any time by us without notice, in which case all disclaimers and limitations of liability will survive termination and you will no longer be authorised to access the site 

Severability

If any term or provision of these terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

 

Ceasing our website
We have the right to discontinue this site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our site at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion. 

Assignment

We are permitted to assign, transfer, and subcontract our rights and/or obligations under these terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these terms. 

 

Entire agreement

These terms (together with our Privacy Policy, Additional terms, and disclaimers) contained on this site, constitute the entire understanding and agreement between us and you in relation to your use of this site and supercede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to this site and your use of this site. 

 

Governing law and jurisdiction

All terms shall be construed in accordance with and governed in all respects by the laws of New Zealand. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost-effectively, and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.