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Legal Notices

Terms of Trade

Rainbow Works promises to supply products and services promoted, advertised or offered on this web site in accordance with the stated terms of offer. We will do everything reasonably possible to ensure that all product complies with product descriptions and specifications provided to you, and that you are happy with your purchase.

If you order physical product, we will dispatch product promptly on receipt of orders and ensure, as far as is reasonably possible, that freight, customs, duty and other charges incurred by you do not exceed those estimated in pricing schedules. However, such charges are your responsibility and we cannot accept liability for such charges, whether or not the possibility that such charges will be incurred has been advised in our pricing schedules.

We offer customers refunds where required by law, or in accordance with our stated warranties.  
Should you purchase goods or services on credit, or using a credit or debit card or payment service, and we do not receive payment, we reserve the right to take such recovery action as may be reasonable under applicable commercial law to recover all amounts owing for product or services provided, including interest and debt collection costs, and administrative fees for statement and collection notice processing.

Rainbow Writer recognises reasonable claims made in writing by customers within 21 days of receipt of any invoice. We will do everything reasonably possible to remedy any problem and ensure you are completely satisfied with your purchase, but claims must adequately detail any objection or complaint and provide us a fair and reasonable opportunity to remedy.  If requested, you are required to respond reasonably to any query or request for clarification.  Where we are unable to satisfy a customer, we may choose to refund part or all of any fee paid. A refund of the full fee paid for any service shall, in all circumstances, constitute complete satisfaction of any claim. Except where specifically required by law, we will not recognise any claim for damages or consequential loss, third party losses, or extraneous expense.

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Credit policy

Rainbow Works might offer credit to selected customers on specific pre-agreed terms. We do so at our absolute discretion.

Customers using credit facilities or making payments for purchases via credit card or direct debit arrangements or via payment services (such as Paypal) may become liable for debts if the Merchant Service Authority or Payment Service fails to honour a charge, or as a consequence of a reversal or chargeback.  We reserve the right to recover all losses incurred as a consequence of offering credit, a dishonoured or fraudulent credit or debit card transaction or failed direct debit transaction, failure of a payment service to make full payment, or as a consequence of any chargeback by a customer whose order has been correctly processed and filled.

Should you owe us any money as a result of purchasing any product or service either through this site, or by phone, fax, mail-order or otherwise, or through the use of any service provided by us, we reserve the right, on production of reasonable evidence that goods and or services of merchantable quality were delivered to you in good faith and in accordance with your order/instructions;the goods/services were appropriately described in pre-purchase information; andthe sale transaction was documented according to law;to pursue all legal avenues to enforce our right to payment, including using debt collection agencies,selling debts to third parties,recording information regarding debt defaults with credit reference authorities,reporting the debt default to any supplier or financier seeking a credit referenceasking a law court to enforce claims.(All actions shall be taken subject always to the compliance of all parties with laws intended to protect privacy.

We reserve the right to charge any defaulting debtor the total cost of recovery of the debt, plus interest at the current Reserve Bank rate plus 1% per annum, calculated monthly from the date on which payment is due until the date of collection.  

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Disclaimer and Indemnification

We provide our products and our website to you “as-is”, without warranties of any kind other than those specifically stated in product descriptions. We do not warrant the accuracy, completeness, currency, non-infringement or availability of our programs or website. Although we take every possible precaution to protect you, including using the best available technology, we cannot warrant that our website or our e-newsletters will always be free of harmful components. While we work hard to ensure reliable site functionality and minimal errors, we must caution you that you are solely responsible for any damage or loss resulting from using this website or downloading data from it. 

For the legal protection of our organization, sponsors, affiliates, and members, we must insist that, as a user of our website, you assume full responsibility for any costs associated with its use. We, the officers, executives, employees, members and associates of Rainbow Writer, specifically disclaim any and all implied warranties of title, merchantability or fitness for a particular purpose, other than those implied warranties that cannot be legally excluded, applicable to this agreement.

By using this website, purchasing from Rainbow Writer store, or accessing any program or service offered by or on behalf of Rainbow Writer on this website, you automatically agree to indemnify, defend and hold us, our affiliates and our respective directors, officers, employees and agents harmless from and against any and all losses, claims, damages, costs and expenses, including reasonable solicitors’ and barristers'  fees, arising directly or indirectly from or related to your participation in our programs and/or your use of our Web site.  

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Submission and Supply of Information

By making any submission or supplying any information that may be published or used on this site or otherwise, with your consent, by Rainbow Writer or Rainbow Works Pty. Ltd., you warrant and guarantee that
you own unrestricted copyright to information and/or material supplied, or,where you do not own unrestricted copyright, you are supplying the material with the consent of the copyright holdermaterial is legally permitted to be used for the purpose for which it is suppliedmaterial contains no offensive or defamatory content nor content that may be considered racist or offensive to minority groupsyou are supplying material in compliance with our stated terms and conditionsyou accept full responsibility and fully indemnify Rainbow Works in the event of any claim arising from the authorised use of material suppliedWe reserve the right to delete, move or edit any information that we consider, in our absolute discretion, violates this Agreement, or is, for any reason whatsoever, unacceptable to us.  

We also reserve the right, at our absolute discretion, to modify, delete or reject any content the publication of which we consider is contrary to the interests of our organisation or members, and to remove links and post appropriate notices where linked sites contain any content that may, in our opinion, by considered offensive or harmful to any site viewer.

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Third Party Products and Services

We may promote, or allow third parties to promote, products and services from other suppliers through our website, e-newsletters, and otherwise. We assume no responsibility either directly or indirectly for the provision of such services and products. The provision of such products is governed solely by the terms of use provided by the supplier, and you are responsible for reviewing, acknowledging and complying with the supplier's terms.  

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Other Web Sites

Our site, newsletters, and/or emails may sometimes contain links or references to other web sites. Inclusion of or reference to a third party web site does not imply any acceptance of responsibility or liability for content, practices, or products presented, advertised or sold on another web site. We accept no responsibility or liability whatsoever for any damages or injury  (claimed or actual) resulting from the use of a linked or recommended web site.  All liability lies with the provider of the linked/referred site.  Your use of other web sites is subject to the terms, conditions and privacy statements of those web site.

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Jurisdiction and Application of Law

Our relationship with clients, suppliers, members, sponsors, associates, affiliates, and other users of our web site, and the terms of supply of all goods and services by us, is governed by the laws of Australia and the state of New South Wales.  

Any dispute or action between you and us shall be resolved exclusively by a court in New South Wales.  You hereby waive any objection that you may now or hereafter have to the venue of such action, and any and all rights of protest that the forum may be inconvenient for you.

In any action to enforce this Agreement, the prevailing party will be entitled to recover costs and reasonable solicitor's and barrister's fees.

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Modifications

We reserve the right to modify this Agreement at any time or to add any conditions, and in such circumstances your use of our website and programs will continue in accordance with those modified terms.

We do not undertake to specifically advise you of modifications or changes to this Agreement, but will publish them on this page.

By using our services, you agree that your use of the website and services is on the terms and conditions stated on this page as at the time of use.

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Questions

If you have questions or concerns about this Agreement, please contact us at legal(at symbol)rainbowriter(dot)com.

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Terms of Trade
Our Privacy Policy
Copyrights
Our Credit Policy
Disclaimers
Submissions
3rd Party Suppliers
Other web sites
Jurisdiction
Modifications
Questions