Terms of Use

Website Terms and Conditions
 
Thank you for visiting our website. This website is owned and operated by Printabell Pty Ltd (ABN 29 616 704 315), a company registered in the state of Victoria in Australia.
 
The term ‘Etsy’ is a trademark of Etsy, Inc. This website uses the Etsy API but is not endorsed or certified by Etsy, Inc.
 
By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at http://www.printabell.com/privacy-policy/) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, ‘us’, ‘we’ and ‘our’ means Printabell Pty Ltd.
 
1.Registration and use
 
You may need to be a registered member to access certain features of our website, including to become an seller approved by us to create their own marketplace on this website (Approved Seller).
 
When you register and activate your account, you will provide us with personal information such as your name and email address and name. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy [http://www.printabell.com/privacy-policy/]
 
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. It is important for you to protect against unauthorised access to your computer. Be sure to log off when you finish using a shared computer.

You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
 
To use our services, you must be:
 
-at least 18 years of age;
-possess the legal right and ability to enter into a legally binding agreement with us; and
-agree and warrant to use the website in accordance with these Terms.
 
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
 
-exercise supervision over the Minor’s use of our website and account;
-assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
-ensure that the content and information that the Minor may encounter on our website are -suitable for the Minor;
-assume liabilities resulting from the Minor’s use of our website and their account;
-ensure the accuracy and truthfulness of all information submitted by the Minor; and
-provide the consents contained in these Terms on behalf of the Minor.
 
We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
 
2.Collection Notice
 
We collect personal information about you in order to process your registration and provide you with editing, download and printing services and for purposes otherwise set out in our Privacy Policy at [http://www.printabell.com/privacy-policy/].
 
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, printers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. We may also disclose your personal information to recipients that are located outside of Australia, including to printing and delivery companies located in USA.
 
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [insert forms of contact, eg, email address and/or phone number].
 
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
 
3.Accuracy, completeness and timeliness of information
 
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
 
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
 
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
 
4.Promotions and competitions
 
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
 
5.Purchases
 
Returns and exchanges
 
I gladly accept returns, exchanges and cancellations
 
-Contact me within: 14 days of delivery
-Ship items back within: 30 days of delivery
-Request a cancellation within: 2 days of purchase
The following items can’t be returned or exchanged
 
Because of the nature of these items, unless they arrive damaged or defective, I can’t accept returns for:
 
-Custom or personalised orders
-Digital downloads
 
Questions about your order?
 
Please contact us if you have any problems with your order: contact@printabell-create.com
 
in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian competition and consumer act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian consumer law or the competition and consumer regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
 
6.Linked sites
 
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
 
7.Intellectual property rights
 
Your use of this website and use of and access to any any of its material (including all text, graphics, photos, logos, files, audio and software) made available on this website (Content) does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
 
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
 
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
If you would like to report any incident of infringement of intellectual property rights, please contact report@printabell-create.com
 
8.No commercial use of products
 
The Content on this website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use the Content of this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
Only Approved Sellers are allowed to use this website for commercial use, and only for products that they have commercial use rights to.  
 
9.Unacceptable activity
 
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
 
-any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
-using this website to defame or libel us, our employees or other individuals;
-uploading files that contain viruses that may cause damage to our property or the property of other individuals;
-posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security, and we have the right to suspend your account without notice.
 
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
 
10.Warranties and disclaimers
 

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties (whether express or implied) or or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, will meet your quality expectations, any Content is merchantable or fit for a particular purpose, or that this website will be secure.
 
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
 
11.Liability
 
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website, any loss of files or Content, hacker attack, server, software or hardware failure, and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
You agree to defend, indemnify and hold us and our officers, directors, employees, agents and licensors harmless from any losses, all judgements, awards, liabilities, claims, damages, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through our website, (b) your use of the website, (c) your connection to the website, (d) your violation of this Terms or (e) your violation of any rights of a third party. ‘
 
12.Conditions for Approved Sellers only
 

If you are an Approved Seller, you agree to pay any monies due to us within 14 days of the date of an invoice from us. We have the right to suspend an Approved Seller account if there is any delay in payment.

13.Jurisdiction and governing law
 
Your use of the website and these Terms are governed by the law of the state of Victoria in Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the state of Victoria in Australia.
 
Effective: 25th June 2018