WEBSITE TERMS
Clear terms.
No hidden machinery.
These terms apply to this website and its enquiry forms. Any project we accept is governed separately by the written agreement for that engagement.
Who operates this website
This website is operated by Kobi Peter Morris trading as Flare Industries (ABN 46 957 575 336), referred to in these terms as “Flare Industries”, “we”, “us” or “our”. You can contact us at gameclips2005@gmail.com.
When these terms apply
These terms govern access to and use of this website, including its guided project brief and contact forms. By using the website, you agree to these terms. If you do not agree, please stop using it.
These are website terms only. They do not amend, replace or override a proposal, statement of work, services agreement or other written agreement already accepted by you and Flare Industries. If there is an inconsistency, the signed or otherwise accepted project agreement applies to that project. A later update to these website terms does not retrospectively change an existing project agreement.
Lawful use
You must use the website lawfully and must not interfere with its operation, security or availability. You must not attempt unauthorised access, introduce malicious code, circumvent protective measures, submit unlawful or misleading material, use the forms to send spam, or scrape the website in a way that disrupts the service or unreasonably burdens its infrastructure.
Enquiries are not engagements
Sending an enquiry, completing the guided brief, requesting a quote or receiving a reply does not create a client, adviser, fiduciary or other professional relationship and does not require either party to proceed. A project begins only when both parties accept a written scope, price and commercial terms, or otherwise clearly agree in writing that work is to begin.
Unless we separately agree in writing, an enquiry is not confidential. Do not submit trade secrets, passwords, payment card details, health information or other sensitive or security-critical material through the website. If confidential information may be needed to assess a project, contact us first so appropriate arrangements can be considered.
Material you provide
You must have the authority and all necessary permissions to provide any text, files, names, contact details, logos, trade marks, images, links, data or other material submitted through or in connection with an enquiry, including material later sent by email. You must not provide material that infringes another person’s rights, breaches confidence or privacy, is unlawful, or contains malicious code.
You retain ownership of your material. You permit Flare Industries to access, copy and use it only as reasonably necessary to assess and respond to the enquiry, prepare a proposed next step or quote, and retain records required for security, dispute management or law. This permission does not allow us to publish your material or use it for unrelated marketing.
Information, examples and pricing
Website content is general information only. Service descriptions, timelines, availability, portfolio examples, package inclusions and indicative or “starting from” prices may change and depend on the final scope, assumptions, dependencies, taxes and third-party costs. They are invitations to enquire, not binding offers, quotes, guarantees or professional advice for your circumstances.
A quote is binding only if it is issued or confirmed by Flare Industries in writing, remains within any stated validity period, and is accepted in the manner it specifies. We may decline an enquiry or decide that we are unavailable or not the right fit.
Our content and client work
The Flare Industries name, branding, website design, text, graphics, code and original website content are owned by or licensed to us. You may view the website and share links to it for ordinary business purposes, but you may not reproduce, republish, modify or commercially exploit our content without prior written permission.
Client names, brands, trade marks and project material remain the property of their respective owners. We display client brands and work only where we have appropriate permission or other lawful authority, and only for the permitted portfolio or promotional purpose. Please contact us if you believe material has been displayed without authority.
Availability, security and third parties
We take reasonable steps to keep the website available, accurate and secure, but do not promise uninterrupted access, error-free operation or protection from every malicious event. Maintenance, internet failures, provider outages, software defects and events outside our reasonable control may affect the website.
The website relies on third-party infrastructure and may link to client websites, app stores or other external services. Those services are controlled by their operators and may change or become unavailable. Their own terms and privacy practices apply. We are not responsible for third-party content or conduct that we do not control, but this does not limit responsibility that the law does not permit us to exclude.
Liability and Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded or limited, including any applicable rights under the Australian Consumer Law.
Subject to those non-excludable rights, each party remains responsible for loss that was reasonably foreseeable and directly caused by its breach of these website terms, negligence or unlawful conduct. To the extent permitted by law, Flare Industries is not responsible for indirect or consequential loss caused only by reliance on general website information, unauthorised use of the website, or a third-party service outside our control. This section is not a blanket exclusion of liability.
Privacy
Our Privacy Policy explains how information connected with website visits and enquiries is handled. Each form also includes a short collection notice at the point where information is submitted.
Changes to these terms
We may update these terms prospectively when the website, our services or applicable requirements change. The effective date above identifies the version that applies to website use from that date. Updates do not retrospectively alter an enquiry already submitted or any existing project agreement.
Governing law and severability
These website terms are governed by the laws of Victoria, Australia. You and Flare Industries submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
If a provision is unlawful, invalid or unenforceable, it is to be read down to the extent necessary or, if that is not possible, severed. The remaining provisions continue to apply.
Contact
Questions about these terms can be sent to Kobi Peter Morris trading as Flare Industries at gameclips2005@gmail.com.