Privacy

This Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through this website www.creativelysquared.com (Site) or directly from you. 

Please read this Privacy Policy carefully.  Please contact us if you have any questions.   

You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it.  

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or any products and services offered on it.

1.     Type of personal information collected

Personal Information: The type of personal information we collect may include is set out on our website.

If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

2.     Collection and use of personal information

We collect and use the personal information for purposes including to contact and communicate with you, for internal record keeping and for marketing.

3.     Disclosure of personal information

We may disclose personal information for purposes including to provide our products and services to you, and as required by law.

Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.

4.     Access to and correction of personal information

Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth).  An administrative fee may be payable for the provision of information.  We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes.  We will respond to any request within a reasonable time.  We will endeavor to promptly correct any information found to be inaccurate, incomplete or out of date.

5.     Complaints about breach

If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us on the email address below.

6.     Unsubscribe

To unsubscribe from our e-mail database, or opt out of communications, please contact us at the details below.

7.     Storage and Security

We are committed to ensuring that the information you provide is secure.

For any questions or notice, please contact us at:

Email: hello@creativelysquared.com

Website Terms and Conditions

Welcome to our website. This website with URL address www.creativelysquared.com is owned and operated by Creatively Squared Pty Ltd ("we", "our", or "us"). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term ‘Creatively Squared’ or ‘us’ or ‘our’ or ‘we’ refers to Creatively Squared Pty Ltd, the owner of the website. The term ‘you’ or ‘your’ refers to the website user.

Your use of this website is subject to the following terms and conditions:

  1. The content of this website is for your general information and use only. It is subject to change without prior notice.

  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: name, address, telephone number, date of birth and e-mail address.

  3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

  7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

  8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

  9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland.

  10. This website can be accessed from countries around the world other than Australia. We make no representation that the content on this website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.

  11. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.

  12. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

  13. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

  14. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

  15. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

  16. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Creatively Squared - Customer Terms & Conditions

Creatively Squared ABN 53 619 491 708 (we/us/our) want your purchasing experience with us to be as efficient and as hassle-free as possible. To achieve this we created the following Customer Terms & Conditions (Terms) which governs your purchases and cancellations through our website (https://www.creativelysquared.com/) (the Site).

Under these Customer Terms & Conditions you are taken to provide us with consent to use the photographs taken for commercial purposes, provided such commercial purposes are not contrary to your reasonable interests. Refer to section 9.3 if you wish to change this.

1. Bookings

1.1 Making a booking

In order for you to make a booking:

(a) you must choose your image package;

(b) where a standard package is chosen, insert all details you are prompted to provide via our Creative Brief;

(c) where a custom package is chosen, provide us with all the information that we request from you; and

(d) make payment of the booking in full.

1.2 Automated Process

All successfully made bookings through our Site are confirmed via an automated email to the account holders nominated e-mail address with an order number. This confirmation does not:

(a) constitute a tax invoice; or

(b) signify our acceptance of your order.

1.3 Receipt of Confirmation

If you do not receive a confirmation email after it appears as though your payment has been processed or held, it is your responsibility to contact us so that we are aware of the error and can assist in rectifying it.

We will not be responsible for any loss suffered by you if you assumed that payment was not made and that an order was not placed because you did not receive a confirmation.

1.4 Amending your booking

(a) We cannot guarantee any change of requests to briefs once a booking has been made, as such requests are subject to the availability of our content creators.

(b) We will use our best endeavors to assist in arranging any amendment request you have made at no additional charge, provided such requests are made within 30 days to the date of your purchase.

1.5 Reservations

We reserve the right at any time after sending your order confirmation to accept, vary or decline your order for any reason, provided we use reasonable efforts to notify you of this within 14 days after your purchase has been received.

2. Invoicing

We will forward a valid tax invoice to your nominated email address for all standard package orders placed through our website after the order has been processed. If you do not receive a tax invoice from us it is your responsibility to let us know.

3. Payment

3.1 Types of Payment

The Site allows payment to be made by:

(a) credit card with the following card types accepted:

(i) Mastercard;

(ii) Visa; and

(iii) American Express; or

(b) via Paypal.

For standard package website orders the payment details recorded under your account or that are otherwise provided to us at the time of your order will be charged for the full value of your order upon your order being processed.

3.2 Security

All credit card payment information and details are provided through pages protected by SSL (Secure Sockets Layer) technology which encrypts the communications and information provided when transmitted from you to our servers.

4. Pricing

4.1 Prices

All prices on our Site are stated in Australian Dollars and include all taxes and charges.

4.2 Custom bookings

(a) Custom booking requests will be priced on a case by case basis in accordance with the terms detailed on the quote itself.

(b) The quote will be sent to your accounts email address and will be open for your acceptance up until its specified expiry date.

4.3 Variations

(a) We reserve the right to change our prices at any time in our sole discretion. We will however, use our best endeavours to provide all our customers and account holders with notice of any pricing changes well in advance of the changes taking place.

(b) We may not change a booking price once your order has been made and paid for.

5. Errors

(a) While we use all reasonable care to insure the information on our site is correct, sometimes errors may occur. Where we have listed an incorrect price as a consequence of an administrative or typographical error, we reserve the right to refuse or cancel any orders placed at the incorrect price.

(b) We will endeavour to contact you to give you the option of purchasing at the higher price before effecting the cancellation. If we cancel your order as a consequence of a pricing error, we will refund all amounts which we have received from you and will confirm the cancellation and refund by sending a notice to the email address linked to your account.

6. Photoshoots

(a) We provide our client’s with access to our global network of content creators that we have used reasonable endeavors to scrutinize before accepting into our network.

(b) Despite our content creators being required to meet certain requirements, they are engaged as third party independent contractors, not as employees. Accordingly, we will not be responsible for any of their acts or omissions, nor will we be vicarious liable for them in anyway.

(c) We will ensure that you have the content creator’s contact details within fourteen (14) days following the completion of the Creative Brief.

7. Incorrect booking

(a) Standard content packages do not include photoshoots that are:

(i) on location; or

(ii) require the purchase of specific props or items.

(b) If you have incorrectly booked a standard package you must let us know as soon as possible so that we can determine the content creator’s availability and whether or not the shoot will be able to proceed.

(c) If you have incorrectly booked a standard package you must advise us of your error as required under paragraph (b) within fourteen (14) days of purchase.

(d) If your project does not proceed as a consequence of your incorrect booking, we will forfeit an amount of your payment to cover our reasonable costs and expenses and those of the content creator. Any balance we are holding will then promptly be refunded to you.

8. Cancellations

8.1 General cancellations

(a) As we incur costs at the time of processing a booking, we will only accommodate order cancellations without charge if we are notified of the cancellation within 7 days of the purchase date.

(b) If your cancellation is subject to a charge, we will send through the amount of the charge along with justification of the reasons for the charge prior to finalizing your cancellation.

(c) We will only process your cancellation once we receive confirmation from you of your intention for it to be cancelled and acceptance of the cancellation charge.

(d) If you do not complete the creative brief within 30 days without prior agreement from us, your project will be cancelled and your payment will be forfeited.

9. Photographs

9.1 Receiving your photographs

(a) We ask our content creators to provide you with:

(i) all photographs within 14 days of receiving your products (or creative brief in the case of services).

(b) All photographs will be made available to you via a private viewing gallery.

(c) The photos will be available to download in resolutions detailed in our current licensing available at https://www.creativelysquared.com/pricing

(d) The purchase of higher resolution images can be made directly through the private viewing gallery

9.2 Ownership of the photographs

(a) We will own all intellectual property rights in and to the photographs that have been taken of you.

(b) We will grant you a limited license to reproduce and use the photographs for your commercial use as detailed in our current licensing available at https://www.creativelysquared.com/pricing, provided payment has been made in full grant.

(c) You acknowledge that as the owner of the photographs we may, at our sole discretion:

(i) use your photographs for a commercial purpose in the interest of Creatively Squared

(ii) provide your content creator with a limited license to use the photographs for their own promotional, marketing and advertising purposes.

(iii) share and authorize the use of the images to partners (such as digital agencies) where the client booking has originated from. These partners are provisioned the images for commercial marketing purposes, but all copyright and other relevant proprietary rights will remain held by Creatively Squared. 


9.3 Consent

(a) You are taken to provide us with your unequivocal consent to use the photographs in any manner contemplated under 8.2(b) above.

(b) If you do not wish to provide us with your consent, you must notify us prior by emailing hello@creativelysquared.com.

10. Bad experience

(a) Whilst we have a qualification process, we unfortunately cannot guarantee the performance each of our third party content creators. To reference the level of quality and the general style of a Creatively Squared visual content please use the samples on our website – www.creativelysquared.com. So if you have a bad experience or are not completely satisfied with your photographs please let us know as soon as possible by emailing hello@creativelysquared.com..

(b) Where we consider it reasonable to do so, we will instruct an internal professional photographer to complete a full album review and it will be at their full discretion to authorize a level of refund if appropriate.

11. Multiple browsers or windows

(a) Using multiple browser’s and/or windows (or tabs) may result in you either losing your order or your order timing out. Please therefore ensure that you only use one web browser with one tab when placing an order on the Site.

(b) We will not be responsible for any loss suffered by you as a consequence of you using multiple browsers or having multiple tabs open within the same browser and accessing the Site.

12. Limitation of liability

(a) To the extent permitted by law (including, without limitation the Australian Consumer Law), we disclaim any liability to you beyond the face value of your order plus any relevant transaction charges.

(b) We will not be liable for any loss of enjoyment or wasted expenditure and accept no responsibility for any damaged personal property.

(c) You acknowledge and agree that we are not liable for any accidents, losses, injuries, damages, delays, expenses or any other adverse consequences to you arising directly or indirectly as a consequence of the photographer’s actions.

(d) This provision does not affect your rights or remedies in relation to any Statutory Consumer Guarantee that may be applicable in the circumstances.

(e) Under no circumstances will Creatively Squared or its agents, service providers, suppliers, and/or distributors be liable for any (whether foreseen, foreseeable, known or otherwise) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, or any indirect, consequential, special or exemplary damages arising from the use of the Creatively Squared website or any associated products and services regardless of the form of action or type of claim. 


13. Law and jurisdiction

These Terms are governed by the law in force in the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.

14. Variations

We reserve the right to vary the Terms from time to time without further notice to you. Any variations made will be updated on our site. It is your responsibility to check the Terms every now and again to ensure you are aware of any changes made to it.