We are Burning Flame Development Studio, a full service online creative digital agency that has roots in both the United States & Australia
The interactive digital solutions that we provide stem from today’s cutting edge technologies which have been developed with end user engagement in mind. The solutions that we provide include Responsive Web Development / Design, Web Apps, Corporate Branding and Visual Identities, Motion Graphics, Web Commercials & Print Media.
In these terms and conditions, “we” “us” and “our” refers means to Burning Flame Development Studio. Your access to and use of all information on this website, including purchase of our product/s and/or services, is provided subject to the following terms and conditions.
We reserve the right to amend this Notice terms and conditions at any time. And your By using use of the website following any amendments will represent your agreement you agree to be bound by these terms and conditions, as amended from time to time. We therefore recommend that each time you access our website you read these terms and conditions.
In order to access the products and/or services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details personal information that you provide to us on registration. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On registration, we provide you with a password and Username. On obtaining registration, you agree to pay for any products and/or services that you order from our website, in accordance with these terms and conditions and any other payment terms contained on this website.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our products and services are provided to adults over the age of eighteen (18) years. By proceeding to purchase products and/or services through our website, you acknowledge that you are over 18 years of age. All prices are in Australian Dollars (AU). We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change before your order is delivered or the services are performed.
We strive to ensure that our products and/or services are described as accurately as possible on our website, however, subject to clauses 34 and 35; we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission on our website. Images of products have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Where a product or service has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. In such circumstances, where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods, we also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within Seven (7) days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright, symbol, trademark (registered or otherwise) or other proprietary content notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website with our prior consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
The copyright to all content on this website including design, applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbol’s TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
You grant to us a perpetual, irrevocable, royalty free, fee free licence to use, copy, modify and adapt any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website, including without limitation for becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. You warrant that no intellectual property rights (including moral rights) of any person will be infringed by the use of the Comments in accordance with these terms and conditions.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Whilst we have taken all due care in providing the information on our website, to the extent permitted by law, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website and you release us fully from any liability in this regard.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material and you release us fully from any liability in this regard.
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and if you areas a consumer (within the meaning of the C&C Act) the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
Schedule 2 of the C&C Act; and
Those statutory guarantees, all of which are given by us to you if you are a consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services, our liability in respect of the supply of goods and/or services under these terms and conditions is limited to then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then in the case of goods (at our election):
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard: –
If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services, we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
If we are a repairer of goods capable of retaining user-generated data, then we hereby give you notice that the repair of those goods may result in the loss of the data.
If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
If you are not a consumer within the meaning of Schedule 2 of the C&C Act, then this clause applies to you. If you are a consumer within the meaning of the C&C Act, then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer within the meaning of the C&C Act: –
By accessing our website, you agree to indemnify, and hold release us harmless from all liability, claims, actions, damages, costs and expenses (including legal fees) arising from or in connection with your use of our website (except as specified in clauses 34 and 35) or any breach of these terms and conditions.
If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement these terms and conditions by giving at least Seven (7) days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
For information on how we may collect and use personal information about you, please refer to our privacy policy, which may be accessed from our home page. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information, which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy, which may be accessed from our privacy policy page.