1. Introduction | These Terms set out your rights and obligations, and those of Purplex Design & Print Pty Ltd trading as Printstagram.net.au ("we" or "us"), in relation to Printstagram.net.au (the "Site"), and any goods or services available through, and material of any kind accessible or relating to, the Site or us (the “Services”). When we refer to "Printstagram" in these Terms, we mean us, the Site and/or the Services, according to the context.
Before registering with Printstagram.net.au you are required to read and understand these Terms. By registering with us, you accept that you are entering into a contract with us under these Terms. When you register on the site you agree to establish an "Account", and become a "User". While just visiting the site does not make you a User, you also affirm thatyou are bound by these Terms each and every time you access the site. Terms and conditions may change from time to time in accordance with Item 22 below.
2. Creating an account | When registering to use Printstagram, you will be asked for some basic user information, it is your responsibility to ensure that this information is accurate and current. You may keep this information updated through your Account.
Any changes to your account will be assumed to have been made by you; it is up to the User to maintain the security of his/her Account. When you place an order on the site for a Product you will be required to checkout through Paypal, and provide some additional personal details so that we may process the order for you. In the event that you use a Paypal account that we suspect belongs to someone else or which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time without notice.
Each individual may hold only ONE User account, registering multiple accounts may result in the suspension of your Account(s) and use of the Services.
Your email address is your login, and will also be used to contact you about your orders so please ensure it is kept up to date. You should not register as a User if you are under 13 years of age.
3. What you need to know | Printstagram provides Users with the ability to create "Products" using "Images" held on their Instagram or Facebook accounts.
You must have an Instagram account and/or a Facebook account to create a Product. We will have an upload option for pictures in the future, but it is not yet available.
We may add new Products or remove outdated Products from our Services at times without notification. Clause 6 contains the terms of purchase for Products.
It is the responsibility of Users to have sufficient web and device usage skills to make use of our Services.
A simple guide to ordering a Product: · Following the online process on the Site, connect to your Instagram or Facebook account, granting us permission to access your photos. · Enter any discount codes you may have · Select from your chosen account, the Image(s) you wish to use on the Product · Go through the PayPal payment process – we only accept payment through PayPal (you can pay without creating a PayPal account however). · We email you an Order Confirmation · We print your chosen Product · We despatch the Product to the address you have on your Account, entering a different shipping address in PayPal will not change the address we ship to.
4. User content | Images and other material (including the text typed in the "description" boxes for certain Products) used, accessed or transmitted by a User on the Site including for the purpose of creating a Product, are treated as "User Content" for the purposes of these Terms.
Users must have the right to deal with User Content in the manner provided by our Services. You must not create a Product if you do not have the right to do so.
Each User shall ensure that User Content does not: · infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you use to create a Product or that you are fully licensed by the copyright owner to do so; · infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality; · contravene any applicable law (including, without limitation, any criminal law) or regulation; · include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person; · misrepresent identity in any way or impersonate any person; · include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; · contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group; · harass, upset, embarrass, alarm or annoy any person; · give the impression that it emanates from us, if this is not the case; or · advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
The above are our Content Rules.
Although we prohibit breaches of our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site. It is possible that Images or other User Content may be used in a way which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such infringing use of Images or User Content please contact us by emailing us at email@example.com.
We may without notice prevent any use of Services (including purchase of Products) which includes any Image or User Content that contravenes our Content Rules.
5. Terms of sale for products | The contract between a User and Printstagram for the purchase of a Product is created as follows: · The User places an order on the Site and completes the checkout process through PayPal.
· We will send to you an Order Confirmation email detailing your order for the Product, which confirms that your order has been successfully placed, and will be processed so long as it does not breach any of the above rules.
· The acceptance of your order and the completion of the contract between the User and Printstagram will occur when the Product you have ordered is despatched (shipped).
Should your Order breach any of our User Content Rules you will be notified by email and/or telephone and your order will be refunded. You account may be cancelled at the discretion of Printstagram for breach of terms. As all Printstagram Products are personalised we do not accept returns or exchanges of any Orders unless the items are faulty, or not as initially described.
All turnaround times and delivery estimates of Products are estimates only. We rely upon third party delivery services, and we do not accept liability for any failure to deliver Products within specified time periods or by specified dates. All prices are inclusive of GST. Products are sold on a duty-unpaid basis. The User may be required to pay import duty or another customs entry fee prior to or on delivery of a Product. Other taxes, fees or levies may apply according to local legislation: it is the User’s responsibility to check these details before placing an order for delivery outside of Australia.
You must comply with PayPal’s processes and terms and conditions in order to make a purchase of a Product. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of PayPal. You undertake that all of the details which you provide to us for the purposes of any order you make for a Product and its delivery will be correct and that your chosen method of payment is your property and has sufficient available funds to cover the cost of your order. We reserve the right to access your PayPal account details where required for the purpose of facilitating refunds and deal with User queries.
6. Delivery | The standard method of delivery for Products is regular postage with no tracking; Users may pay extra for courier or Express postage.
In some instances where different types of products have been ordered we may ship partial orders in separate packages.
Should an order be returned to us due to an incorrect address issue on your account, you will be charged a re-delivery fee.
Should you have a problem with your products you must notify us within 7 days of receiving the delivery. Should your order not arrive within 14 days of placing the order, please advise us so we can follow up.
7. International Users | Please ensure you select International Deliver upon checkout. You must also comply with any local laws governing the use of websites, and User Content.
8. Closing your account | You must notify us in writing, from the registered email address on your user account, that you wish to close your account. We will confirm by telephone on the number on the User Account to ensure it is the account holder wishing to close the account.
We are entitled to delete any account that remains inactive for a period of 12 months or more, or if the User has breached this Agreement (including a breach of our Content Rules). We also reserve the right to prohibit you from establishing another Account. 9.Intellectual Property | By creating a Product on the Site, you are granting us permission to store and print your images for the creation of your products but we will not use your images for any other purposes without obtaining your express permission to do so. You are not allowed to remove any copyright, or other intellectual property notices contained in material taken from or accessible through Printstagram.
11. Liability | We take all reasonable care to ensure Printstagram is available for your use in accordance with our specifications but: · the Services are provided "as is"; and · we cannot and do not guarantee that Prinstagram will meet your requirements.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.
We, our directors, employees and subcontractors will not be liable to you or anyone else, whether in contract or otherwise: · for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or · for any indirect, special or consequential loss damage, costs or other claims, as a result of using our service.
Our only liability with respect to any individual Product or order for a Product shall be limited to the price paid for that Product. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
Printstagram will not have liability to you or any other person in respect of User Content.
We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. 12. Indemnity | You agree to indemnify Printstagram, and all associated individuals against all liabilities, claims and expenses that may arise out of or in connection with any: · breach of these Terms by you or through your Account; or · User Content associated with you or your Account.
13. Changes to these terms | We reserve the right to update or change these Terms at any time. The most current version is always available on the website.
Should you disagree with any of the Terms, you must immediately cease use of the Site.
14. General | If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Should we fail to act on a breach of these Terms by you or by another party, this does not reduce or remove our right to act on similar or identical breaches in the future.
15. Legal | These Terms, the Services and each order and purchase of a Product shall be governed by Australian Consumer law.
16. Obtaining these terms | Should you require a copy of these terms for your files, please print them out. We do not send out copies with the orders. 17. Contact | You can contact us via mail at 153 Thompson Avenue Cowes, VIC 3922, via email on firstname.lastname@example.org or via phone on 03 5952 5379. We are wholly owned by Purplex Design & Print Pty Ltd.