Website Terms & Conditions2020-06-24T03:26:54+00:00

FRANKLIN MEDIA WEBSITE TERMS & CONDITIONS OF USE

The following terms and conditions outline the usage of this website and the terms & conditions associated herein.

FRANKLIN MEDIA

Franklin Media is the parent website of several digital media sites. Our aim is to develop projects that explore how technology can be utilised to improve quality of life for all people. We look at society and culture, and how we communicate and then how we can implement modern technology into creating sustainable lifetsyles and communities. The terms and conditions set out in the following apply across all of our digital projects and include such sites as those listed to the side.

The following terms and conditions outline the usage of this website and the terms & conditions associated herein.

1.0 GENERAL ACCEPTANCE OF TERMS

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the associated terms and conditions. “The Website”, “Ourselves”, “We” and “Us”, refers to www.stevesmedley.com, www.photonforge.com.au, www.franklinhowlett.com.au, www.roguebynature.com and any other sites hosted under the Franklin Howlett domain. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the websites stated services/products, in accordance with and subject to, prevailing Law of the Commonwealth of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

2.0 USER COMMON DECENCY STATEMENT

We are committed to maintaining a fair and equitable site free from harassment or bullying. By accessing and using this website you acknowledge that at times this website may show adult content of which will always be presented in an artistic manner. Comments and direct interactions may be requested on occasion and at times debate and an exchange of ideas will be encouraged. However, by using this website you agree that you will not engage in any activities, interactions or behaviours that can be deemed to be demeaning or offensive. By using this website you accept that any items that are deemed to be offensive or demeaning will be removed as soon as it is identified. You also accept that we will solely determine what is deemed to be demeaning or offensive. We are committed to ensuring the fair use of our site by all users and will work to ensure that all individuals are treated fairly and not subject to harassment, bullying or discriminatory behaviour.

3.0 PRIVACY STATEMENT

We are committed to protecting your privacy. Authorised employees within the company on a need to know basis will only use any private information collected from individual customers in line with the Australian privacy principals and the Australian Privacy Act 1988. We constantly review our systems and data to ensure the best possible service to our customers. The Commonwealth of Australia Parliament has enacted specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

4.0 CONFIDENTIALITY STATMENT

We are subject to the legislative requirements of the Privacy Act 1988 and the amended Australian Privacy Principles and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so in order to fulfil our obligations in providing our products/services to you, or as required to by law to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep regarding their own personal data as required by law, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for un-solicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

5.0 DISCLAIMER

Exclusions & Limitations

* exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

* exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

  • This website does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

6.0 PAYMENT

Payment through the use of the PayPal payment platform is the only accepted method of payment for online products/services and as such all major Credit/Debit Cards are acceptable methods of payment as allowed by PayPal.

For the provision of services a minimum deposit of 50% up front is required to secure a booking with 20% of the agreed upon fee being non-refundable unless we are unable to provide the agreed upon service.

Our Terms are payment in full at the time of purchase, unless other arrangements have been directly negotiated between you or your personal authorised representative and us/our authorised representative. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date may incur late payment interest at the rate of 2% above the prevailing Reserve Bank of Australia’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through appropriate legal recourse in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Cancelled or dishonoured payments may incur a $25 charge to cover banking fees and administrative costs. In an instance of a second dishonoured or cancelled payment, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future up front payments only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

7.0 CANCELLATION POLICY

A minimum 48 hours-notice of cancellation is required for the provision of any agreed upon services. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses. In the event of that you the Client request the cancellation of the provision of a service, 20% of the agreed fee is non-refundable and will cover the costs associated with loss of business that this cancellation has incurred.

8.0 TERMINATION OF AGREEMENTS AND REFUNDS POLICY

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

9.0 AVAILABILITY

Unless otherwise stated, the services featured on this website are only available within the Commonwealth of Australia, or in relation to postings from the Commonwealth of Australia. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Website or us. The Website does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Website, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

10.0 LOG FILES

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only by us on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

11.0 COOKIES

Like most interactive web sites this website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

12.0 LINKS TO THIS WEBSITE

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

13.0 LINKS FROM THIS WEBSITE

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This website will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

14.0 COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This website’s logo is a copyright protected piece of intellectual property of this website within the Commonwealth of Australia and other countries. The brand names and specific services of this Company featured on this web site are protected as such.

15.0 COMMUNICATION

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This website is based in Australia, PO Box 497 Kippa-Ring, Queensland 4021.

16.0 FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

17.0 WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

18.0 GENERAL

The laws of the Commonwealth of Australia govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the website to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the website.

19.0 NOTIFICATION OF CHANGES

The website reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© COPYRIGHT FRANKLIN MEDIA | ALL RIGHTS RESERVED

PHOTON FORGE

Photon Forge also known as PhotonForgeAU is a website and business blog focused on all things media and how to develop that media as a business.

With a focus on content creation including photography, video production, written content and audio content the site focuses a lens on how we see the world and how we can use that focus to make our lives a little more comfortable and enjoyable.

Photon Forge is a photographic, video & audio portfolio with links to online ecommerce platforms providing photographic, video & audio products.

VISIT THE WEBSITE

ROGUE BY NATURE

Rogue By Nature examines and explores the world with a critical mind and rational analyses.

The aim is to combine critical thinking with journalistic curiosity. Rogue by Nature is a pursuit of the humanist ideal.

We take a logical and analytical approach to stories that attract our interest.

While offering our opinions on the events that impact our world we offer a clear line between our opinions and demonstrable facts.

VISIT THE WEBSITE

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