Terms and Conditions
The Creative Printer (“TCP”) is a business which is owned and operated by Junction Print Group Pty Ltd (ABN 26 842 391 734) and which provides an online service to registered members and guests (“Users of the Website” or “Users”) through its webpages at www.thecreativeprinter.com.au (“the Website”).
1.1. TCP provides access to a library of files and images (“Products”) which are integrated into the Website under a license agreement and which can be resold by TCP to Users for their own personal, non-exclusive and non-commercial use. Users may at checkout either create an account with TCP and become a registered member or alternatively use the Website as a guest.
2. USERS’ IMAGES
2.1. In addition to the Products referred to in clause 1.1 which are integrated into the Website under a license agreement and which may be resold by TCP to Users, a User may also upload their own files and images to their account.
2.2. By uploading their own files and images to their account, Users agree and undertake that they have the required copyright or that they have obtained a license and/or approval from the copyright owner for such files to be reproduced through the Website.
2.3. Any liability for any loss suffered including but not limited to consequential loss caused by a User failing to comply with clause 2.2 is to be borne solely by the User, and specifically not by TCP.
2.4. Any User who fails to comply with clause 2.2 will wholly and completely indemnify and keep indemnified TCP from any and all loss arising from any action taken by another party for any claim made, including without being limited to a claim based on infringement of copyright or trademark.
3. PERMITTED USE OF PRODUCTS
3.1. Products purchased by Users from the Website may only be used for their own personal use. Products may not be resold by the Users for commercial or trade purposes.
3.2. Users may use or resell their own files or images which they have uploaded to their own account and which comply with clause 2.2 herein for commercial and trade purposes as well as for non-commercial purposes.
4. MEMBERS’ REGISTRATION
4.1. Both members and guests may purchase Products from the Website. An application for membership registration is lodged online through the Website. TCP may accept or at its sole discretion reject any application for membership.
4.2. By applying for membership registration which is accepted by TCP and/or by making a purchase from the Website as a member or a guest , the User accepts and agrees to abide by TCP’s terms and conditions and states that they have legal capacity to enter into a contract with TPC and are 18 years of age or older.
4.3. Membership is untransferable and the member is solely responsible for any actions and/or purchases that occur on the member’s own account. All use by Users will be deemed to be authorised use in the absence of any prior written advice in the contrary by the User provided to TCP.
5. USE OF WEBSITE
5.1. Users agree to use the Website only in the manner prescribed herein, and not in any manner which is not lawful.
5.2. Users agree not to use, copy, reproduce or publish any products purchased from the Website, or to use for commercial purposes in any way (except as permitted herein), or to store in retrieval system, alter, transmit in any form or by any means in whole or in part any Product without the written approval of TCP.
6. PURCHASE OF PRODUCTS
6.1. The process for the purchase of Products from the Website by Users is as follows:
- User selects any file or image from the Website.
- TCP provides an electronic proof of selected image.
- User provides approval of electronic proof, if acceptable.
- TCP applies an automated system of checking the selected and approved image for suitability to print taking into account such factors as file size, pixels and RGB.
- If the automated message deems the selected image unsuitable for printing, the User may then select another image and the above steps in the process are repeated, or alternatively the User may at the User’s own risk authorise TCP to proceed with the initial selected file or image on the basis that TCP will accept no responsibility for the quality of the finished product.
- Upon confirming acceptance of the Product by authorising TCP to proceed, the User proceeds to checkout and pays for the Product by credit card or Paypal. Members may then download the tax invoice/receipt from their account, or alternatively a tax invoice/receipt will be able to be downloaded by Users via the payment confirmation email upon payment to TCP.
- TCP provides an alternative to online purchases in that purchases may also be made by email or by telephone. The process of direct purchases is the same as online purchases except that TCP and the User will communicate by email and/or telephone.
- The approved and manufactured Product may be delivered to the User by TCP or collected by the User from TCP’s offices.
6.2. Users accept the following regarding the purchase process:
- Previews of files and images on the Website are either watermarked or are unwatermarked files and images of limited resolution.
- A low-quality image of low resolution may also appear of low quality and the colours may vary when enlarged.
- Users will have the opportunity to not proceed with images of low quality prior to approving the electronic image as referred to in clause 6.1 herein.
- TCP is under no obligation to provide Users with a refund or to exchange the product due to a change of mind by the User.
7. PRICE AND PAYMENT
7.1. The price of products including the costs of delivery and any other charges is in Australian dollars ($AUD) and will include GST where applicable at checkout.
7.2. The prices may vary from time to time at the sole discretion of TCP with immediate effect upon posting such changes.
7.3. Users may make payment for the selected Products by credit card or Paypal. Payments may also be made by EFT, however the User is required to first contact TCP in order to facilitate payment in that way.
7.4. Payments must be received by TCP in full and without deduction at the time a User authorises TCP to proceed with a selected image as referred to in clause 6 herein.
7.5. If TCP receives no payment or if payment is denied by the credit card issuer the selected products may not be manufactured or held by TCP
8.1. TCP excludes all liability to Users and to any other party to the fullest extent permitted by law for any loss and/or damage including consequential loss and/or damage suffered by the User or any other party relating in any way to the Website for any viruses transmitted to or through the Website by any third party, or for any errors, omissions or mistakes on the Website.
8.2. TCP does not endorse, guarantee or assume responsibility for any Product or service advertised by a third party on the Website.
8.3. The onus is strictly on the User to ensure that prior to purchasing and the installation of the Product, the User is satisfied that the Product is suitable for use or any particular surface without impacting upon the integrity of that surface and that no laws are infringed when the Product is fitted or used.
8.4. The User accepts all risk and responsibility for any potential damages, claims and/or loss that may be incurred through the use/or instillation of the Product.
8.5. Any information about files and images on the Website is based upon any information provided by the provider and/or license holder of those files and images.
8.6. Users must make their own enquiries to assess the suitability of Products prior to selection and/or approval and/or use or installation.
9. ORDERS AND SUPPLIES
9.1. Files, images and Products displayed on the Website do not constitute an offer by TCP to sell to Users.
9.3. TCP reserves the right to reject the User’s offer for any reason TCP considers to be valid.
9.4. Users may only cancel or vary an order after providing approval when TCP has not commenced processing the order, and in such circumstances TCP will at its sole discretion determine whether the said process has commenced. TCP may at its sole discretion also cancel or agree to cancel an order even after the processing of an order has commenced.
9.5. TCP reserves the right to charge a cancellation fee of 20% of the purchase price or $25.00, whichever is the greater amount.
9.6. TCP may cancel or suspend an order at any time, including after payment has been received, in which case a credit or refund will be issued by TCP to the User within 28 days of cancellation or suspension.
9.7. TCP reserves the right to notify Users that ordered Products have become unavailable, in which case TCP will provide the User with a credit or refund to the value of the Product not supplied and the applicable delivery charge.
10. THE AUSTRALIAN CONSUMER LAW (“ACL”) AND TCP RETURNS POLICY
10.1. The ACL implies into consumer contracts certain conditions and warranties that cannot be excluded. The ACL provides customers with some guarantees for the goods they buy, including that the goods will be of acceptable quality, meaning that they will be safe to use and are reasonably durable.
10.2. In the event of a breach of the conditions and warranties implied by the ACL which amounts to a “major” failure of the Product (as referred to by the ACL), then at the User’s election TCP will remedy the major failure by providing either a replacement Product (if possible) or a refund to the User.
10.3. In the event of a breach of the conditions and warranties implied by the ACL, which does not amount to a “major” failure of the Product, TCP may on its own election remedy the failure by providing with a replacement Product (if possible) or a refund to the User.
10.4. In addition to the conditions and warranties implied by the ACL, TCP will provide certain express warranties pursuant to clause 10.5 herein.
10.5. Subject to clause 10.3 and 10.4 herein, TCP will replace or refund the price of the Product to the extent required by the ACL if the Product the User receives does not match the sample chosen by the User, or if the Product is unfit for its stated or intended purpose, or if the Product is not of an acceptable quality as defined by the ACL, or if the Product is unsafe.
10.6. Any refunds by TCP will be paid by EFT or by cheque at the discretion of TCP.
10.7. The remedies referred to in this clause may only be obtained by the User in circumstances where the User has notified TCP within 7 days of delivery of the goods by email to TCP, and provides a copy of the Product and a description of the problem for evaluation and assessment by TCP. TCP may also require the physical return of a Product to it by the User before taking any action.
10.8. No replacement Products or refunds will be provided by TCP where the measurements supplied by the User are incorrect. Users must note that a small amount of shrinkage may occur and this must be allowed for by TCP by adding 10mm of extra material at joins which may then be trimmed from the Product when installing.
10.9. No replacement Products or refunds will be provided by TCP where the User elects to install or to have another party install the Products instead of TCP and where damage occurs during installation.
10.10. TCP does not provide any guarantee that any Product is suitable for any surface or that the Product will not cause any damage to the surface or be damaged during installation. The onus is completely and solely upon the User to test the sustainability of a Product on the chosen surface as all surfaces vary in sustainability.
10.11. TCP does not provide any guarantee regarding the life of the selected Product as this will be determined by location and type of surface upon which the Product is installed, with the exception of the guarantees and warranties require by the ACL.
10.12. In the circumstances where Users supply TCP with materials upon which the file or image is to be applied to manufacture the Product, TCP is not liable for any damage caused to the materials and will not replace the materials. However, TCP will attempt to reprint the file or image on further materials which are to be supplied by the User at the User’s expense.
10.13. Where the User elects to have the Product installed by anyone other than TCP, TCP will take no responsibility for the suitability of the surface for mounting or removing the Product, or for any damage caused to the Product or the surface during mounting or removing. It is the User’s responsibility to properly prepare the suitable surface prior to mounting the Product.
10.14. The removal of the Product from some surfaces may result in causing damage to the surface. Users are advised to sample test a section of the surface prior to final installation to ensure that the surface is suitable.
11. INTELLECTUAL PROPERTY
11.1. All intellectual property rights are reserved by TCP and all materials on the Website are the property of TCP and/or its licensor(s) which may be protected by intellectual property laws including laws relating to copyright, trademarks, trade names, internet domain names and other similar rights. TCP reserves its intellectual property rights in its marketing materials, logos and other brand features.
11.2. All images and other materials used on the Website which belong to third parties including licensors are used with permission of TCP, and remain the intellectual property those third parties.
12. LINKS TO THIRD PARTY WEBSITES
12.1. The Website may include links to third party websites which are installed by those third parties or by TCP. TCP bears no control over or responsibility over such third-party websites or links to third party contents or resources. Such links do not imply that TCP endorses the linked website, content or resources. TCP is not responsible for the material contained in those places.
12.2. Any participation by any Users in any promotions, functions, offers, events, competitions or activities undertaken by TCP is at the User’s own risk and TCP does not accept any responsibility in connection with the User’s participation in any such activities.
13.1. TCP respects and upholds the privacy of the personal information of Users.
13.2. Any personal information provided by members when becoming registered or guests may be used or disclosed for the purpose of sending marketing or promotional material about TCP or a third-party business that TCP believes may be of interest to the User. Users are able to unsubscribe to any such communications in accordance with the applicable laws.
14. RISK AND TITLE
14.1. TCP retains title in and ownership of any Product ordered through the Website until payment is received in full.
14.2. Risk in the Product such as loss or damage passes from TCP to the User upon delivery (or collection) of the Product.
15. FORCE MAJEURE
15.1. TCP is not liable for any delay or failure in performing any of its obligations under this Agreement if such delay or failure is caused by circumstances beyond its reasonable control.
16.1. Any right or provision herein which is not enforced by TCP at any particular time does not constitute a waiver of such right or provision, unless any such waiver is in writing and is signed by TCP.
17. TRANSFER AND ASSIGNMENT
17.1. In the event that TCP changes control of its business or the Website to a third party, TCP reserves the right to transfer or assign the personal information, content and rights collected from the User to a third party without notice to that User.
18. APPLICABLE LAW
18.1. This document and the agreement it represent are governed by the laws of the state of Victoria, Australia and the Commonwealth of Australia. The member irrevocably submits to the exclusive jurisdiction of the courts of the state of Victoria, Australia and the Commonwealth of Australia.
18.2. Any part of this Agreement which is deemed to be void, unlawful or unenforceable will be deemed to be severable from the balance of the Agreement without affecting the validity and enforceability of the remaining provisions.