Terms and Conditions

Last Updated: 30/10/2024

Welcome to ctrlPrint (“we,” “us,” or
“our”). These Terms and Conditions (“Terms”) govern your
access to and use of our website and services (“Services”) offered
through our e-commerce platform based in Brisbane, Australia. By accessing or
using our Services, you agree to be bound by these Terms. If you do not agree
with any part of these Terms, please refrain from using our Services.

1. Eligibility

• Age
  Requirement: You must be at least 18 years old to use our Services.
• Legal
  Capacity: You represent that you have the legal capacity to enter into
  a binding contract.

2. User Account

• Registration:
  You may need to create an account to access certain features. Provide
  accurate and complete information during registration.
• Account
  Security: You are responsible for maintaining the confidentiality of
  your login credentials and for all activities that occur under your
  account.
• Account
  Termination: We reserve the right to suspend or terminate your account
  at our discretion.

3. User-Provided Artwork

• Submission
  Requirements: You are required to supply your own artwork for printing
  services.
• Ownership
  and Rights: You confirm that you own or have obtained all necessary
  rights and permissions for the artwork you submit.
• Prohibited
  Content: You agree not to submit artwork that is illegal, offensive,
  defamatory, obscene, pornographic, indecent, harassing, threatening,
  harmful, invasive of privacy, or otherwise objectionable, or that
  infringes on any third-party rights.
• No
  Retention Policy: We do not retain your artwork after the completion
  of the job. Ensure you have backups of all submitted materials.
• Liability
  for Content: You are solely responsible for the content of the artwork
  you submit. We are not liable for any errors or omissions in your content.

4. Orders and Payments

• Order
  Acceptance: All orders are subject to our acceptance. We reserve the
  right to refuse any order.
• Pricing:
  Prices are listed in Australian Dollars (AUD) and include Goods and
  Services Tax (GST), unless stated otherwise.
• Payment
  Methods: We accept various payment methods as specified on our
  website. Payment must be made in full at the time of order placement.
• Billing
  Information: You agree to provide current, complete, and accurate
  billing information.
• Electronic
  Transactions: By placing an order electronically, you agree to the use
  of electronic communications for contractual purposes, in compliance with
  the Electronic Transactions Act 1999 (Cth).

5. Production and Delivery

• Production
  Timeframes: Estimated production times are provided but are not
  guaranteed.
• Shipping:
  We offer various shipping options. Delivery times are estimates and may be
  affected by factors beyond our control.
• Risk
  of Loss: Risk passes to you upon delivery of the products to the
  shipping carrier.
• Title
  Transfer: Title to the products passes to you upon full payment and
  dispatch of the products.

6. Cancellation and Refunds

• Order
  Changes: Changes to orders are not permitted once production has
  begun.
• Cancellations:
  Orders cannot be canceled after production has started.
• Consumer
  Guarantees: Our goods and services come with guarantees that cannot be
  excluded under the Australian Consumer Law. You are entitled to a
  replacement or refund for a major failure and compensation for any other
  reasonably foreseeable loss or damage.
• Refund
  Policy: Refunds are issued in accordance with our obligations under
  the Australian Consumer Law and our Refund Policy.
• Return
  Policy: Due to the custom nature of our products, returns are not
  accepted unless the product is defective or does not match the order
  specifications.

7. Intellectual Property Rights

• Your
  Content: You retain all intellectual property rights to your submitted
  artwork.
• License
  to Use: By submitting artwork, you grant us a non-exclusive,
  royalty-free, worldwide license to use, reproduce, and modify your artwork
  solely for the purpose of fulfilling your order.
• Indemnity
  for Infringement: You agree to indemnify us against any claims,
  damages, liabilities, costs, and expenses arising from any infringement or
  alleged infringement of any intellectual property rights of third parties
  in connection with your submitted artwork.
• Our
  Content: All content on our website is protected by intellectual
  property laws. You may not use our content without our express written
  permission.

8. Limitation of Liability

• Australian
  Consumer Law: Nothing in these Terms excludes, restricts, or modifies
  any rights or remedies, or any guarantees, warranties, or other terms or
  conditions implied or imposed by any legislation, including the Australian
  Consumer Law (ACL) and the Fair Trading Act 1989 (Qld), which cannot be
  lawfully excluded or limited.
• Limitation:
  To the fullest extent permitted by law, our liability for breach of any
  non-excludable condition or warranty is limited, at our option, to the
  re-supply of services or payment of the cost of re-supply of services.
• Indirect
  Damages: We are not liable for any indirect, incidental, special,
  consequential, or punitive damages, including loss of profits, data,
  goodwill, or other intangible losses, arising from your use of our
  Services.

9. Indemnification

You agree to indemnify, defend, and hold us harmless from
any claims, liabilities, damages, losses, or expenses, including legal fees,
arising out of or in any way connected with your breach of these Terms, your
violation of any law or the rights of a third party, or your use of the
Services.

10. Privacy

• Privacy
  Policy: Your use of our Services is also governed by our Privacy
  Policy, which complies with the Privacy Act 1988 (Cth) and the Australian
  Privacy Principles (APPs).
• Consent:
  By using our Services, you consent to the collection, use, storage, and
  disclosure of your personal information in accordance with our Privacy
  Policy.
• Data
  Security: We implement reasonable security measures to protect your
  personal information from misuse, interference, loss, unauthorised access,
  modification, or disclosure.
• Access
  and Correction: You have the right to access and correct personal
  information we hold about you, subject to certain exceptions under law.

11. Electronic Communications and Spam Act Compliance

• Consent
  to Electronic Communications: By providing your contact information,
  you consent to receive electronic communications from us, including
  marketing and promotional materials.
• Unsubscribe:
  You may opt-out of receiving such communications by following the
  unsubscribe instructions in the email or by contacting us directly.
• Compliance:
  We comply with the Spam Act 2003 (Cth) and will not send unsolicited
  commercial electronic messages.

12. Defamation and Content Regulation

• Monitoring:
  While we do not actively monitor the content submitted by users, we
  reserve the right to review and remove any content that violates these
  Terms or applicable laws.
• Reporting
  Obligations: If we become aware of any content that is illegal,
  offensive, defamatory, or infringes on third-party rights, we may remove
  such content and report it to the appropriate authorities.
• User
  Responsibility: You are solely responsible for ensuring that your
  submitted artwork complies with all applicable laws, including defamation,
  obscenity, and intellectual property laws.

13. Dispute Resolution

• Good
  Faith Negotiations: If a dispute arises, the parties agree to attempt
  to resolve it through good faith negotiations.
• Mediation:
  If the dispute cannot be resolved through negotiation within 14 days,
  either party may refer the dispute to mediation administered by the
  Australian Disputes Centre (ADC) according to its guidelines.
• Legal
  Proceedings: Neither party may commence court proceedings relating to
  any dispute arising from these Terms until they have attempted to resolve
  it through mediation, except where urgent interlocutory relief is sought.

14. Compliance with Laws

You agree to comply with all applicable laws and regulations
of Queensland and the Commonwealth of Australia when using our Services.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland,
Australia. Any disputes arising under or in connection with these Terms shall
be subject to the non-exclusive jurisdiction of the courts of Queensland.

16. Severability

If any provision of these Terms is found to be unenforceable
or invalid, the remaining provisions shall remain in full force and effect.

17. Changes to Terms

We reserve the right to modify these Terms at any time.
Changes will be effective immediately upon posting on our website. Your
continued use of the Services constitutes acceptance of the revised Terms.

18. Entire Agreement

These Terms, along with our Privacy Policy and any other
legal notices published by us, constitute the entire agreement between you and
us regarding our Services.

19. Waiver

Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights.

20. Contact Information

For questions or concerns about these Terms, please contact
us at:

CtrlPrint
64 Lever Street,
Albion, Queensland, Australia
Email: hello@ctrlprint.com.au
Phone: 1300 028 757