Terms & Conditions
 
1. About the Website
1.1. Welcome to www.printoz.com.au (the 'Website'). The Website facilitates a marketplace for printing companies (the ‘provider’)  and print buyers (the ‘customer’) in Australia.
 
1.2 The Website is operated by PrintOZ (ABN 75 673 575 296 ) . Access to and use of the Website, or any of its associated products or Services, is provided by PrintOZ. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
 
1.3 PrintOZ.com.au makes a lot of effort to make sure the content on this website is correct. However, the content may contain errors, faults and/or inaccuracies and it’s subject to change without notice.
 
1.3. PrintOZ reserves the right to review and change any of the Terms by updating this page at its sole discretion. When PrintOZ updates the Terms, it will use reasonable endeavors to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms for your records.
 
1.4 Use of this website is at the visitor’s own risk.
 
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by PrintOZ in the user interface.
 
3. The Services
3.1. In order to order printed goods on the Printoz.com.au, the customer is required to register for an account through the Website (the 'Account').
 
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
Salutation
First and last name
Company name
VAT Number
ABN
Street name + number
Postcode
City
Phone number
Email address
 
3.3 You warrant that any information you give to PrintOZ in the course of completing the registration process will always be accurate, correct and up to
date.
 
3.4. Once you have completed the registration process, you will be a registered account holder of the Website ('account holder') and agree to be bound by the Terms.
 
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with PrintOZ; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident
or from which you use the Services.
 
4. Your obligations as a account holder
4.1. As a account holder, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PrintOZ of
any unauthorized use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another account holder or use the profile or password of another account holder at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the
Services;
 
4.2. By PrintOZ offering the Services to you, you agree that:
(a) The payment will be made through a third party payment provider: Adyen. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the payment provider’s terms and conditions which are available on their website: https://www.adyen.com/legal/terms-and-conditions.
 
5. Refund, returns and reprint policy
5.1. Since printed products are personalized, it is not possible to return products for a refund. Only when an product is wrong due to a fault from our side, a reprint or refund is possible. If the customer is not satisfied with a printed product, an email must be sent within 3 days after receiving the products to team@printoz.com.au. The email must contain the order/job number, a written explanation of the complaint and 1 or more pictures as proof. PrintOZ will follow up within 7 days on this email with a solution.
 
6 Production and delivery time
6.1 Production time
The production time depends on the ordered product. Each product section contains information about the production time.
 
6.2 Delivery time
Based on your location, we’ll choose the best courier to deliver your products. We’ll choose usually between:
Australia Post
Fastway
Startrack
TNT
 
The courier’s terms and conditions are applicable when ordering products.  
 
The risk in goods passes to the Customer if the Company delivers goods to the Customer’s premises, or to the premises of a third party, under the instructions of the Customer at the time the goods are handed over to a carrier organisation for transportation to those premises for delivery.
 
6.3. Damaged parcel 
If the packaging of your order has been damaged, please accept the material from the courier and write on the document provided that you have accepted the package subject to checking. Once you have verified damage has occurred to the material inside the package you must contact us immediately so we can reprint asap.
 
7. Artwork
The account holder is responsible to provide PrintOZ with an print ready artwork file. Account holder makes sure that the artwork meets the general submission specifications (click here) and the specifications of the ordered product, as stated in the templates tab on the product page.
Printing can only start if correct artwork is supplied during the ordering process.
 
8. Specifications
8.1 Our aim is to display and describe the products as accurately as possible. And we try to make sure that the colours of products supplied will match those displayed on your computer monitor or other printing systems. However, since screens are build up with RGB colours and print in CMYK, there are slight differences possible.
 
8.2 In uploading any material to our site, including for the purposes of registering with the site, managing your online account and submitting a file or order, you agree and warrant to us that such material:
(a) is accurate
(b) complies with applicable law in the Australia and any country from which it is submitted;
(c) does not contain any material which is defamatory of any person;
(d) does not contain any material which is obscene, hateful or inflammatory;
(e) does not promote sexually explicit material or violence;
(f) does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) does not infringe any intellectual property rights of any other person and you will indemnify (and keep indemnified) us for any breach by you of such above warranties.
 
9. Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of PrintOZ are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by PrintOZ or its contributors.
 
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by PrintOZ, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a account holder to:
 
PrintOZ does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by PrintOZ.
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
 
9.3. PrintOZ retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any to you.
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or
process),
 
9.4. You may not, without the prior written permission of PrintOZ and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the
public domain.
 
9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to PrintOZ a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change your Content.
 
10. Privacy
PrintOZ takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to PrintOZ's Privacy Policy, which is available on the website: www.printoz.com.au/privacy.
 
11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
 
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) PrintOZ will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
 
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of PrintOZ make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of PrintOZ) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of PrintOZ; and
(d) the Services or operation in respect to links which are provided for your convenience.
 
11.4. You acknowledge that PrintOZ Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and PrintOZ holds no liability to you as a result of any conduct of the account holders or the misuse of your Content by any party (including other account holders).
 
12. Limitation of Liability
12.1. PrintOZ's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
 
12.2. You expressly understand and agree that PrintOZ, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
 
12.3. You acknowledge and agree that PrintOZ holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content to the Website.
 
13. Termination of Contract
13.1. If you want to terminate the Terms, you may do so by providing PrintOZ with 1 days' notice of your intention to terminate by sending notice of your intention to terminate to PrintOZ via the 'Contact Us' link on our homepage.
 
13.2. PrintOZ may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) PrintOZ is required to do so by law;
(c) PrintOZ is transitioning to no longer providing the Services to account holders in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by PrintOZ is, in the opinion of PrintOZ, no longer commercially viable.
 
13.3. Subject to local applicable laws, PrintOZ reserves the right to discontinue or cancel your account holdership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts PrintOZ's name or reputation or violates the rights of those of another party.
 
13.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and PrintOZ have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
 
14. Indemnity
14.1. You agree to indemnify PrintOZ, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
 
15. Dispute Resolution
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
 
15.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
 
15.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Byron Bay, Australia.
 
15.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
 
15.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
 
16. Venue and Jurisdiction
The Services offered by PrintOZ is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
 
17. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
 
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
 
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.