CAP Terms of Use

(Published 21/08/2021)

All information published on the Cre8ive Artisans Pod (CAP) website at https://capwa.online is published in good faith and for general information purposes only. By accessing and using the CAP website you accept and agree to the Terms and all other operating rules and policies published on the CAP website.

If you do not agree with any of the Terms, please do not use the CAP Website.

Privacy & Data Protection

Protecting your privacy and data security is important to CAP and we are committed to maintaining and securing any details you provide to us. Please read the CAP Privacy Policy to understand and acknowledge what personal information we collect when you visit the CAP website and how we use and protect your information.

Intellectual Property

CAP, and/or contributing third parties, own all the intellectual property rights and materials contained on the CAP website. The Terms do not transfer to users any CAP or third-party intellectual property and the content on this website, including images, logos, and material in downloadable files, is protected by copyright.

The CAP or any other creative businesses’ logos may not be used without prior written permission from the owner. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the CAP website in any way without prior written consent from CAP.

You may view this site electronically and copy or print hard copies of parts of this site for your personal non-commercial use only. Linking to this website is permitted and encouraged, provided that the links are clearly acknowledged. Suggested acknowledgments: Cre8ive Artisans Pod, CAP, CAP Shop, or capwa.online.

Your Use of the Website

The CAP website is designed to be a positive internet destination for all users. We expect all users of the Website and related forums, including social media pages and groups and sponsored events, to be friendly and polite to all other users, customers, artisans, and CAP staff.

Conduct: While using the CAP website, you agree not to interfere with or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website or to gain unauthorised access to any part of the Website. You also agree not to contact any other user of the Website to market, advertise or promote any other website, product, service, or event without the express written consent from CAP. Users found to be in breach of these Terms may have their access to the Website restricted or terminated.

Accounts: Where use of any part of the CAP website requires an account, you agree to provide us with complete and accurate information when you register for an account. You are responsible for keeping your account information up-to-date and failure to do so may result in your account being treated as an abandoned or false account, which may be removed from our system at any time without notice. Please contact us if you need assistance updating your account details.

You are also responsible for maintaining the security of your account and should not share or misuse your access credentials. You will be solely responsible and liable for any activity that occurs under your account. Please notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Purchases: The buyer is responsible for ensuring their postage address is valid and specified correctly when making a purchase on the CAP website. Any items sent to an outdated or otherwise incorrect address will be the responsibility of the buyer and not CAP.
When clicking on any button that confirms within the CAP system or associated payment gateways that you have made a purchase of an item/product/service, for example, “buy now”, the buyer is entering into an agreement with CAP to purchase and complete payment for that item, product, or service. Failure to complete payment within 72 hours for any item may result in the order being canceled.

If you have any issues when processing your payment please contact us.

Termination: If you wish to terminate your CAP account, you may simply discontinue using the CAP website.
CAP reserves the right to terminate or suspend any user that we determine to be in breach of any of the Terms or to be using the website in any unsuitable manner, with or without notice, effective immediately.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Liability Disclaimer

CAP makes no express or implied representations or warranties of any kind as to the operation of the CAP website or any information, goods or services offered on this site, except to the extent that such obligation cannot be excluded by law.

Limitation of Liability: CAP including all staff and contractors shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.and your use of the CAP website is at your own risk.

Website access: All reasonable care is taken to ensure the availability of our services and access to the CAP website. However, the availability of our services and access to the website may be interfered with by numerous factors, including those outside our control. Accordingly, CAP does not warrant that your access and use of the CAP website will be continuous, uninterrupted, secure, free from defects and viruses. We are not liable to you or anyone else if your computer system is in any way damaged or affected by your use of this website.

Content: While attention and consideration have been taken in the creation and updating of the material on the CAP website, no guarantee is given that the information published is in all respects correct, complete, current, and error-free. CAP is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the CAP website. Any opinions expressed in this website do not necessarily represent the views of CAP. You understand and accept that any action you take upon the information you find on this website is at your own discretion and risk.

Advertising: In our endeavours to showcase and promote the diversity of creative enterprises and artisans in Western Australia, we may include information about creative businesses and links to handmade events and/or workshops happening in Western Australia. This advertising is free of charge and done in good faith based on the information available to us. We do not warrant or represent that the products and services advertised on the CAP website will be suitable for any particular purpose, or that claims or statements made by the businesses or organisers are valid, true, or not misleading. It is the user’s responsibility to verify the advertised content and investigate the suitability, quality, and conditions for themselves.

Third-Party Services: The Terms relate only to the CAP website and in using the CAP website, you may use links to third-party services, products, events, software, embeds, or applications developed by a third party. Any sites linked to from within the CAP website are for your convenience only and do not constitute an endorsement by CAP of the parties or their products and services.

Third-party services are beyond our control and CAP takes no responsibility for the content or use of those websites, products, forums, events, or service providers.
Linked third-party services are likely to be subject to different terms of use and you enter linked destinations at your own risk. We highly recommend that you check the Terms of Service and Privacy Policies of any linked sites before engaging in any business with them or uploading any personal information.

Indemnification: By using the CAP website you hereby indemnify to the fullest extent CAP from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Terms and any access to or use of our services will be governed and interpreted in accordance with the laws of Western Australia. The proper venue for any disputes arising out of or relating to the Terms and any access to or use of our services will be the state and federal courts located in Australia.

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Severability: If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Assignment: CAP is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Customer Service

CAP is committed to providing a high-quality service, but we know there may be times when these high standards may not be met. If you become aware of any inaccuracies or omissions in the information on the CAP website we would be grateful if you could bring this to our attention by emailing us.

Complaints Procedure: We take complaints seriously and we will work with you to understand the situation and resolve it as quickly as possible. We view complaints as an opportunity to learn and grow and we will put measures in place to ensure the issue doesn’t happen again.

If you would like to raise a complaint with us, please contact us by email.

Changes to the Terms

CAP reserves the right, at our sole discretion, to modify, or replace the Terms at any time. If we make changes that are material, we will publish the updated Terms on the CAP website. Please check the Terms regularly as your continued use of the CAP website after any changes to the Terms indicates your agreement to be bound to the updated Terms.

If you disagree with any changes to the Terms, then you should stop using the CAP website.

The Terms, updated on 21/08/2021, constitute the entire agreement between CAP and you in relation to your access and usage of all content, products, and services available on the CAP website and supersede all prior agreements and understandings.

If you have any questions or require any further information, please contact us by email.