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Terms & Conditions

General

A & Q Corp Pty Ltd ABN: 65 161 478 039 ('we', 'us', or 'our') operates and maintains this website. These terms and conditions ('Terms') apply to your access and use of this website. By accessing and using this website, you agree to these Terms. We may change these Terms at any time by publishing the changed Terms on this website. Changes will not operate retrospectively. The law of Australia governs these Terms. We do not warrant that this website or its contents complies with the laws of any country other than Australia. If you access this website from outside Australia, you do so at your own risk.

By using Design Shark and signing up as a Customer, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Design Shark services and products. By placing any order with Design Shark you agree to all our terms without any notification. You should visit this web page periodically to review the Terms and Conditions, because they stand the legality binding you. In these Terms and Conditions, all services provided by and related to Design Shark , and all text, images, photographs, user interface, "look" and "feel" data and other content included at http://www.Design Shark .com.au from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Website" and/or "Service".

You acknowledge and agree that Design Shark shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, but not limited to, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Design Shark may access, preserve, and disclose your account information and content if required to do so by law or in good faith that such access preservation or disclosure is reasonably necessary to:

a. comply with legal process;
b. enforce these Terms and Conditions;
c. respond to claims if any content violates the rights of third-parties;
d. respond to your requests for customer service; or
e. protect the rights, property, or personal safety of Design Shark , its users and the public.

Design Shark Service in General

(a) Design Shark Service is an online service where individuals or entities that have signed up with Design Shark as customers (each, a "Customer") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by Design Shark ("Members")."). Design Shark will provide you, as the Customer, the Service according to the Package you have chosen as detailed in section 1(e) below on the website. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.

(b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Website, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. Design Shark is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Design Shark may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.

(c) Reviewing Responses. When Design Shark provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Design Shark that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify Design Shark that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Website a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Design Shark with a Revision Brief, Design Shark will provide you with a subsequent Response that conforms to the additional criteria you requested. Design Shark is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.

(d) Revision Cycles. Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; Design Shark reserves the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.

(e) Customer Accounts. When you register for the Service, you must pay for the Service via credit card, or other payment method authorized by Design Shark . You will be charged for the Package you have selected along with and additional products and/or services you select as add-ons. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Customer. Design Shark will email you a receipt for the transactions in which you are involved. Our fee policy for Customers may change and we may decide to impose additional fees on Customers at any time; however, such additional fees will not apply to projects submitted before Design Shark implements any such change in the fees

REFUND POLICY

100% satisfaction or 100% money back!

We at Design Shark always strive to come up to your expectations – and many a time, we transcend the expectations of our customers. We put 100% of our skills with 100% of creativity to come up with the ideas which would strike the industry and leave its mark for the years to come.

Our intent is always to create a product of exceptional value.

However, if you see something different in our designs, you have the option to either request a revision or a refund. We offer an unlimited number of revisions in logo designs until you are 100% satisfied; however, once a revision order has been placed, the refund policy is considered non-applicable on that particular order.

Furthermore, you will always have an option to upgrade the package for additional new concepts.

a. Other terms applied, you can request a refund within 30 days of the order placement. b. In case of unsatisfactory designs, you can claim your refund via three modes
  i. Call us now # +61-390-057-062
  ii. Live Chat
  iii. Email us on any official ID

c. If your project moves on to the second phase of the process, you will no longer be entitled to a refund. You may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the request, Design Shark will refund the total payment made by you, deducting a processing fee of 10% of the total package charges. The amount will be credited back to you in the next 5-7 business days. d. There are no refunds for any quick service charges, e.g. any package availed with 24-hour design services will be non-refundable.
e. We will not entertain or refund any orders if the client stays non-responsive for 45 days but the client can send us an email to hold the project if there is some personal issue. Also if the client is non-responsive for more than 60 days then the client has to pay an extra caution fee for re-initiating the project.
f. In case the client wants to forfeit the website portion (where applicable) of the package after 30 days, the refund policy will not be applicable; though we can hold the project in such a case and the client can come later and get the project started again.
g. Furthermore, Design Shark shall forfeit the right to a refund outlined above if the customer requests additional revisions (1 or more design changes regardless of the complexity) or modifications to any of the initial concepts. Design Shark shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from Design Shark .
h. Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related responses. Additionally, you acknowledge that you will have no right (expressed or implied) to use any response or other work product, content, or media, nor will you have any ownership interest in or to the same.
i. In case of finalizing one part of the order the customer will not be eligible for a refund for the remaining package.

Disclaimers; Indemnification; Limitations of Liability

(a) Responsibility for Content. (Design Shark shall not be responsible for any use that is or is not made of the Website or the Service. Without limiting the foregoing, Design Shark makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Customers, Design Shark or otherwise, nor does Design Shark endorse any opinions expressed by any user of the Website, including any Member or Customer. Without limiting the foregoing, Design Shark makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Website, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.

Photos / Images: Design Shark shall not be responsible for any use of photos that are not royalty free. It is the customers' responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Design Shark for the customer. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.

(b) Links to Third-Party Services.( The Website may contain links to third-party websites or other services (the "Linked Content"). The Linked Content is not under the control of Design Shark and Design Shark is not responsible for the Linked Content, including, but not restricted to, links contained in the Linked Content, or any changes or updates to Linked Content. Design Shark is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Design Shark of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.

(c) Disclaimer of Warranties. (THE SERVICE AND THE RESPONSES ARE PROVIDED "AS-IF." Design Shark MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. Design Shark DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Design Shark DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL

  i. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;   ii. WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;   iii. WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF;   iv. WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; AND   v. WARRANTIES OTHERWISE RELATING TO THE PERFORMANCE, NON- PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Design Shark OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

(d) Release from Claims. The Service serves solely as a venue for the creation of work and Design Shark does not regularly screen or censor any information or material posted to the Website. Although Design Shark makes commercially reasonable efforts to determine the identity of Customers, Design Shark cannot and does not confirm that any Customer or other user is who they claim to be or that any Customer or other user has the qualifications he or she claims to have. Design Shark does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website, if you have a dispute with one or more users, you hereby release Design Shark (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(e) Indemnification. You hereby agree to defend, indemnify and hold harmless Design Shark and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand or liability arising from or relating to your violation of any of these Terms and Conditions or use of the website and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.

(f) Limitation of Damages. (IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICE) EVEN IF Design Shark OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Design Shark ’s TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Design Shark FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.

(g) Website Domain Name Registration (URL):( Design Shark is not responsible for any domain name registration. Design Shark will only register your domain name once your project has entered the website design department. Design Shark will not be responsible if your domain name has been registered after you have placed your order. It is your responsibility to secure your own domain name before you order our web design package. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICE) EVEN IF Design Shark OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Design Shark ’s TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Design Shark FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.

Eligibility, Access, Use and Service

(a) Eligibility Requirements. To register as a Customer, you must be at least 18 years of age, agree to these Terms and Conditions and Design Shark privacy policy, and complete the registration procedure. By registering as a Customer, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. Design Shark may accept or reject your registration in its sole discretion.

(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Website. You may provide Creative Briefs and obtain Responses only if you register as a Customer. Any use of the Website is at your sole risk and responsibility. Subject to these Terms and Conditions, you may

  i. Display the Website on an Internet access device, and
  ii. On an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under Australian copyright law, print copies of insubstantial portions of the Website.

(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Website and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Website. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Website. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that

  1. is copyrighted, unless you are the copyright owner;
  2. reveals trade secrets, unless you own them;
  3. infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right;
  4. is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity;
  5. is sexually- explicit;
  6. constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or
  7. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to:

    i. use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Customer;
    ii. delete or revise any material or other information of any other user of Design Shark ;
    iii. take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
    iv. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Website;
    v. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engine and search agents available from Design Shark on the Website and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or
    vi. attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Website.

(d) Website Security. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

  i. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  ii. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  iii. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Website;
  iv. sending unsolicited email to any user of the Website, including promotions and/or advertising of products or services; or
  v. forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. Design Shark will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Design Shark reserves the right to review postings on the Website, to remove any postings and to terminate your ability to communicate with, or post to, the Website at any time without notice, in its sole discretion. Design Shark will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Website but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.

(e) Operation of Website. Design Shark shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Website. Design Shark reserves the right but shall not be required to correct any such delays, interruptions, errors or omissions. Although Design Shark intends to use commercially reasonable efforts to make the Website and Service accessible, Design Shark makes no representation, warranty or covenant that the Website or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Design Shark may at any time discontinue the Website in whole or in part, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Design Shark shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

Registration, Password, User Identity

(a) Your User Identity. When you register as a Customer, you will create a user identity (your "User Identity"), which will be your identity for purposes of interacting with other users through the Website. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Website users.

(b) Access Numbers, Passwords and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Website. You shall immediately notify Design Shark if you learn of or suspect:

  i. any loss or theft of your User Identity, registration identification or password, or   ii. any unauthorized use of your registration identification or password or of the Website. In the event of such loss, theft or unauthorized use, Design Shark may impose on you, at Design Shark ’s sole discretion, additional security obligations.

(c) Security Breaches and Revision. If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Design Shark . You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

Ownership; Rights to Use

(a) Website and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between Design Shark and you, Design Shark will own all rights, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Website and Service, in all media now known or later devised, to the fullest extent provided under Australian and International law. You shall not remove, conceal or alter any copyright notice, by line information, disclaimer, restriction or other notice on the Website or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names or trade dress of Design Shark , including "Design Shark ", without the prior written consent of Design Shark , as determined in its sole discretion, for each such use.

(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively the "Customer Information"), Design Shark and its agents shall have all rights and licenses necessary to use such Customer Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.

(c) Rights of Design Shark . Upon your submission of Customer Information to the Service, you grant Design Shark a royalty-free, perpetual, irrevocable, sub-licensable , exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media or technology now known or later developed, such Customer Information, for the full term of any intellectual property rights that may exist in such Customer Information to the extent necessary to provide you with the Service and Responses.

(d) Rights of Customers. Subject to your compliance with these Terms and Conditions, you shall own the final Response composition provided to you by Design Shark . (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and Design Shark expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to Design Shark a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and the Final Product for internal and archival purposes, and in order to display and promote the Design Shark Service. Design Shark retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that Design Shark shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that Design Shark shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall Design Shark be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.

Nondisclosure and Privacy

Design Shark intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at Design Shark ’s sole discretion. Notwithstanding the foregoing, Design Shark cannot and does not assume any responsibility or liability for any information submitted to the Website or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

Communications

By using the Design Shark Service, you agree to receive, via email or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our Customers. This is essential to maintaining the low-cost of our services. You are free to unsubscribe from any newsletters we send to you at any time. Design Shark may or may not use a third party to send email or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with Design Shark ’s privacy policy.

Miscellaneous Provisions

(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings [excluding any associated agreements required by Design Shark (e.g., privacy policy) as a condition precedent to Customers' use of the Service], between you and Design Shark regarding the subject matter of these Terms and Conditions.

(b) Amendment. No modification, amendment, waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by Design Shark .

(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. (e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.

(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the law of Australia, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Melbourne, Australia or courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.

(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Design Shark agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. Design Shark may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.

(h) Waiver. The waiver by Design Shark of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

(j) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.

(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions. Please Note: By placing an order with Design Shark , you are accepting all the above terms. It is your responsibility to read and understand our terms and conditions.

(m) GST. All prices are temporarily exclusive of Goods and Services Tax (‘GST’) on the Services and Products and other supplies made under this Contract. ABN Number is 65 161 478 039.

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