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