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Your Print Guys

TERMS AND CONDITIONS 

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss.

Nothing in these terms limit your rights under the Australian Consumer Law.

1. Introduction

  1. This website (Site) is operated by ZZBC Investments Pty Ltd T/A Your Print Guys (ABN: 83 659 216 225) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site, or any other method accepted by us in writing. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

2. Use of the Site

  1. You accept these Terms by the earlier of:
    1. placing an order via the Site; or
    2. making part or full payment of the Price. 
  2. You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old. 
  3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 
    1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
    2. using the Site to defame, harass, threaten, menace or offend any person;
    3. using the Site for unlawful purposes;
    4. interfering with any user of the Site;
    5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
    6. using the Site to send unsolicited electronic messages; 
    7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
    8. facilitating or assisting a third party to do any of the above acts.

3. Accounts

  1. You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history. 
  2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
  3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders

  1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site at the time of purchase (including the delivery fees or other applicable charges and taxes).
  2. Where prior agreed in writing, you may order products directly from us as set out in our invoice to you. If you place an order for product(s) via this method, you are making an order to purchase the product(s) for the price listed on the invoice (including the delivery fees or other applicable charges and taxes).
  3. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
  4. You must follow our online print guidelines (https://yourprintguys.com.au/design_guide.html) (Print Guidelines) when submitting an order. Failure to do so may result in your order being rejected by us, or we may provide you with an amended quote for your acceptance in order to proceed with your order, the amended quote will reflect the additional cost to amend and print your order.
  5. It is your responsibility to check the order details, including selected products, our Print Guidelines, delivery details and pricing, before you submit your order through the Site.
  6. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email using the details you provided when you placed your order.
  7. All purchases made through the Site or any other method approved by us are custom products and subject to the availability of the supplies required to create the products. 
  8. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or where appropriate delay your order. If you choose a refund, any delivery costs you have paid for the products will be refunded to you. If you choose to delay your order, we will contact you to arrange delivery once the products are available.

5. Price and payments

  1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site or in your invoice (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).  
  2. You must pay the Price upfront using one of the methods set out on the Site, unless otherwise agreed with us. Please note that any falure to pay your invoice within the required 7 days, at our discression we will add all reasonable fees charged by third parties such as a debt collector or local court to collect the debt.
  3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
  4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example Eway or PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
  5. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
  6. We may from time to time issue promotional discount codes for certain products on the Site. 
  7. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. 
  8. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6. Delivery, title and risk

  1. If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area). 
  2. Delivery costs are set out on the Site or in your invoice and are to be paid in addition to the Price located on our individual product pages unless specifically indicated. 
  3. We may offer you a delivery rush at checkout for expedited product deliveries for an additional fee as set out on the Site (Delivery Rush Fee). If your products are not delivered within the Delivery Rush Fee timeframe, we will refund you the Delivery Rush Fee only. 
  4. We normally dispatch products within 4 days of receiving an order, unless otherwise noted on the Site or for special or bulk orders. We will always provide you with estimated dispatch times before you place an order with us. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. 
  5. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises where our courier provider deems it safe to do so. If our delivery partners believe that there is no safe place for delivery then this will be taken to a suitable post office or depot for your collection for the period of 14 days, after this time it will be returned to us and additional charges may apply for us to send the item to you again.
  6. Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
  7. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. 

 

7. Returns and Australian Consumer Law 

  1. Change of mind returns: We do not accept returns for change of mind or other circumstances as each product is made to order. 
  2. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
  3. Where you return products to us to seek an Australian Consumer Law remedy, we will cover any associated costs (for example delivery costs) of you returning the products to us. 
  4. Where your claim is a valid claim under the Australian Consumer Law, we will, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product depending on the type of failure. Please contact us for further information.

8. Limitations

  1. You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
  2. Despite anything to the contrary, to the maximum extent permitted by law: 
    1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; 
    2. you agree to indemnify us for any liability we may suffer as a result of any claim by a third party for breach of their intellectual property relating to content you provide to us or request us to print on our products; and 
    3. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  3. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

9. Intellectual property 

  1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us. 
  2. You may use the Site to customise your product using items available on the Site, such as icons, fonts, colour schemes and design effects. You agree you do not own any combination of any items we provide to you, and that we retain all intellectual property ownership in all customisation of our products.
  3. Where you upload your own design to our Site to customize your products (Your Content), you agree that:
    1. you are either the owner of the copyright or you have a license from the copyright owner to reproduce Your Content, so that we can provide you the product; 
    2. by uploading Your Content, you grant us a perpetual, worldwide, non-exclusive, transferable right to use, copy, reproduce, process, adapt, publish, display and distribute Your Content for the purpose of providing you the product; and
    3. Your Content will not violate or infringe the rights of others (including their privacy or intellectual property rights), will not contravene law, contain explicit or sexual imagery, contain vulgar, obscene, profane wording or imagery, or may harass or cause distress to, or incite hatred of any person.
  4. You must not, without our prior written consent: 
    1. except as set out in these terms, copy or use, in whole or in part, any of Our Intellectual Property; 
    2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
    3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

10. Content you upload

  1. You may be permitted to upload, submit or transmit relevant information and content (User Content) on the Site. 
  2. If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, copy, adapt, modify, access, or otherwise exploit such User Content to perform our obligations under these Terms. We agree to only modify User Content to the extent reasonably required by us. 
  3. You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that: 
  4. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  5. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

11. General

  1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
  2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  3. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
  4. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
  5. Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
  6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
  7. Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 
  8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

For any questions and notices, please contact us at: 

Company Name:ZZBC Investments Pty Ltd T/A Your Print Guys (ABN: 83 659 216 225)
Address:PO Box 89, Browns Plains, Queensland 4118, Australia
Phone Number:1300 1 PRINT (77468)
Email:[email protected] 
Last Update:16th December 2022