These Terms and Conditions (the “Terms and Conditions”) govern the use of www.mirko-fabian.com (“The site”). This Site is owned and operated by Mirko Fabian. This Site is a portfolio, blog and e-commerce website. 

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. 

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY. 

Karma Disclaimer 

By accessing and using the content provided by Mirko Fabian, you acknowledge and agree to abide by the principles of karma, which emphasize ethical conduct, honesty, and respect for intellectual property rights. We believe in fostering a positive and collaborative community that values creativity and integrity.

Karmic Impact 

We strongly believe in the concept of karma, where every action has a consequence. By engaging in dishonest and unethical practices, individuals harm not only themselves but also disrupt the harmony of our creative community. It is our collective responsibility to respect the hard work and creativity of others.

Consequences of Stealing and Reselling Content

Unauthorized use, copying, reproduction, distribution, or resale of our content, including but not limited to photographs, videos, writings, and any other intellectual property, is strictly prohibited. Any act of stealing, plagiarizing, or attempting to profit from our original content without explicit permission is considered a breach of our terms and will have serious consequences.

Respect and Collaboration

We encourage respect for intellectual property rights and welcome collaboration and sharing within the bounds of lawful usage. If you are interested in using our content for any purpose, please contact us for proper licensing arrangements and permissions.

By accessing our content, you acknowledge that you have read, understood, and agreed to comply with these terms and conditions. We reserve the right to update these terms at any time without notice, and your continued use of our content constitutes acceptance of any such modifications. Let’s create a positive and thriving creative ecosystem, upholding the principles of karma and mutual respect.

Intellectual Property 

All contents published and made availing on this Site are the property of Mirko Fabian.  This includes but is not limited to images, texts, logos, documents, downloadable files and anything that contributes to the composition of this Site. 

You are not allowed to grab any kind of content such as Screenshots and download Images or redistribute without given permission from Mirko Fabian. For using the photography check out the paid or free stock media channels provided on Pexels, Unsplash, Pixabay and 500px. 

Acceptable Use

As a user of this Site, you agree to use it legally, do not use this Site for illegal purposes, and not to: 

• Harass or mistreat other users of this Site
• Violate the rights of other users of this Site 
• Violate the intellectual property rights of the Site’s owner or any third party of the Site
• Hack into the account of another user of this Site
• Act in any way that could be considered fraudulent, or 
• Post any material that may be deemed inappropriate or offensive 

If we believe you are using this Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to this Site. We also reserve the right to take any legal steps necessary to prevent you from accessing this Site. 

Accounts

When you create an account on this Site you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to this Site through your account is up-to-date, accurate, and truthful and you will update your personal information if it changes. 

We reserve the right to suspend or terminate your account if you are using this Site illegally or if you violate these Terms and Conditions. 

Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on this Site. 

The following goods are available on this Site:

• Photography prints on Canvas
• Online Course

The following services are available on this Site:

• Graphic Design Service (logo design, marketing material, flyer, poster, ad banners)
• Photography (photo shooting, editing photos)
• Web Design (using WordPress with the Elementor plugin)
• Videography (shooting videos like commercials, events or narrative, editing videos, colour correction and grading)

The services will be paid for in full when the services are ordered. 

These Terms and Conditions apply to all the goods and services that are displayed on this Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about the goods and services are as accurate as possible. However, we are not legally bound by such information, description, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from this Site at your own risk. 

We reserve the right to modify, reject or cancel your order whenever necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. 

Third-Party Goods and Services 

We accept the following payment methods on this Site:

• Credit Card
• PayPal
• Apple Pay
• Google Pay

When you provide us with your payment information you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. 

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. 

Shipping and Delivery 

When you purchase goods from this Site, the goods will be delivered through one of the following methods:

• Standard delivery by post. Delivery time may vary depending on your location. 

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays. 

You will be required to pay delivery charges in addition to the price of the goods you purchase.

If you purchase goods from this Site for delivery to a destination outside of Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. 

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. 

Refunds 

Refunds for Goods

Refund requests must be made within 30 days after receipt of your goods and services. 

We accept refund requests for goods sold on this Site for any of the following reasons:

• Goods/Services do not match the description; or
• Goods/Services do not meet the purchaser’s expectations 

Refunds do not apply to the following Goods/Services:

• Photography prints on Canvas

Refund for Services 

Returns can be made by mail. To return a good by mail, follow the following procedure:

Pack your goods and attach the return label that was included in your package. Go to your nearest post office and pay the necessary postage. 

Guarantees

The following guarantees apply to this Site:

• 30-day money-back Guarantee on digital services such as Web Design, Graphic Design, Photo and Video Edits. 

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provision of the legislation will apply. 

Links to Other Websites 

This Site links to third-party websites (such as LinkedIn, Upwork, Fiverr, Printify, Facebook, Instagram, Twitter and others) or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party websites or services linked to this Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites. 

Limitation of Liability 

Mirko Fabian will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of this Site or for any third-party services that are connected to this Site. 

Indemnity 

Except where prohibited by law, by using this Site you indemnify and hold harmless Mirko Fabian from any actions, claims, losses, damages, liabilities, and expenses including legal fees, arising out of your use of this Site or your violation of these Terms and Conditions. 

Applicable Law

These Terms and Conditions are governed by the law of the state of New South Wales. 

Dispute Resolution 

Subject to any exceptions specified in these Terms and Conditions, if you and Mirko Fabian are unable to resolve any dispute through informal discussions, then you and Mirko Fabian agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Mirko Fabian. The costs of any mediation will be shared equally between you and Mirko Fabian. 

Notwithstanding any other provision in these Terms and Conditions, you and Mirko Fabian agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. 

Severability  

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. 

Changes 

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way this Site is operated and the way we expect users to behave on this Site. We will notify users by email of changes to these Terms and Conditions or post a notice on this Site. 

Contact Details 

Please contact us if you have any questions or concerns. The contact details are the following:

Mirko Fabian 

ABN 16 658 327 737

info@mirko-fabian.com

477 Kent Street

2000 Sydney

You can also contact us through the contact form on this Site. 

Effective Date: 1st of June 2023
Latest Revision: 29th of July 2023