Terms and Conditions
Last updated on 8 April 2022
Print Magic Pty Limited – General Terms and Conditions
Our Product-Specific Terms
Please read our additional product-specific terms that shall apply to the products and services listed below (“Product-Specific Terms”). Where there is a difference between the General Terms and Conditions and these Product-Specific Terms, the Product-Specific Terms shall take precedence.
- Websites (including site Flex Box, domain name registration, and hosting) are subject to our Websites Terms and Conditions.
1.2. Every offer of a Printmagic product and/or service on our Site as well as every transaction, order, and agreement that is concluded through our Site is governed by our Printmagic Terms.
1.3. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if Pprintmagic has not specifically rejected them.
1.4. Printmagic reserves the right to make changes to this Site and to these Printmagic Terms at any time without prior notice. You should review these Printmagic Terms each time you access this Site
2. Your Account
Before you can place an order online, you must have a current registration to the Prinmagic V-List which is created by completing the registration form on the Site under the Join Us tab. Printmagic has the right to refuse any request made by you and to close your Printmagic V-List subscription immediately in the event of any breach of these Printmagic Terms.
3. Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Printmagic is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.
4. Copyright Materials for Limited Use
4.1. This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyright property of Printmagic or the copyrighted property of parties from whom Printmagic has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Printmagic Terms.
4.3. Printmagic reserves the right to add to, delete from or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Printmagic remain the property of Printmagic and its licensors.
4.4. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. Printmagic reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Printmagic customers may use the design tools to create logos that have similar or identical combinations of these elements and Printmagic does not guarantee that your logo will not have similarities to logos designed and used by other parties. Printmagic provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of a solicitor regarding whether the logo design is legally available for your use and does not infringe the rights of another party.
5. Use of our Site and its Content
5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Printmagic (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Printmagic does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Printmagic.
5.2. You agree to use this Site in a responsible manner that is in full compliance with these Printmagic Terms and with your local laws and regulations, including export and import regulations.
5.3. Without limitation, no portion of Content may be utilised as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
5.4. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable.
5.5. Printmagic reserves the right, in Printmagic’s sole discretion, to refuse to accept any content provided by you to Printmagic or to process any order at any time and for any reason. Printmagic also may terminate its service to and/or the accounts of customers found to be using Printmagic to engage in undesirable activities or otherwise violating these Printmagic Terms. You agree that Printmagic shall have no liability of any kind to you or to any third party arising from such refusal or termination.
5.6. You are solely responsible for your use of Content in combination with any other images, graphics, text, or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorisations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party and that you have all required rights or permissions necessary to incorporate third party material into your Products, including any third party material made available via a third party design service which may be accessed via the Site.
5.7. By placing an order on this Site, you warrant that you have all necessary permission, right, and authority to place the order and you authorise Printmagic to produce the Products on your behalf. You grant Printmagic the right to copy, modify, distribute, use, create derivative works of and vectorise any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Printmagic to copy, distribute, use, modify, create derivative works of and vectorise any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
5.8. You agree that you are responsible for protecting your password if applicable and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
6. Transfer of Title
6.1. The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
6.2. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
You agree that you shall indemnify Printmagic and all parties from whom printmagic has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Printmagic Terms or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Printmagic or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
8. Disclaimer of Warranty
8.1. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE, AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
8.2. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these Printmagic Terms alter those consumer guarantees if it is illegal for Printmagic to do so. If those consumer guarantees apply to you, and Printmagic cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Printmagic: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Printmagic to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
8.3. Please note that Printmagic cannot be responsible for: Spelling, punctuation, or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Printmagic does not proof documents created by its customers prior to processing.
9. Limitation of Liability
IN NO EVENT SHALL PRINTMAGIC OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRINTMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM PRINTMAGIC OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PRINTMAGIC BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Site Feedback
Any comments, suggestions, proposals, or other feedback (collectively “Feedback Information”) provided to Printmagic in connection with the operation or content of this Site shall be provided by the submitter and received by Printmagic on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Printmagic. By submitting any such information to Printmagic, you agree that you are transferring and assigning, at no charge, all of your rights, title, and interest in the information, including all copyrights and other intellectual property rights. You agree that Printmagic shall be free to use such information on an unrestricted basis.
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow the enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
13. Governing Law, Jurisdiction, and Dispute Resolution
13.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is Print Magic Pty Limited, a proprietary limited company incorporated under the laws of Australia.
13.2. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed until 8 April 2022 by the laws of the State of New South Wales, Australia. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Printmagic Terms.
13.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Sydney, Australia. You agree to submit to the jurisdiction of courts situated in Sydney, Australia and agree that the venue in these courts is proper in any such legal action or proceeding. You also agree that you do not assert, in any legal action or proceeding involving Printmagic, that a court sitting in Sydney, Australia is an inconvenient forum for such legal action or proceeding.
13.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Printmagic, and Printmagic’s suppliers and distributors, will not be responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
13.5. We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.