Terms of service: an agreement between you and EmergeAustralia to enter and use this website and services. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 EmergeAustralia Services:
- Buy printed products that are listed for sale
- Create, design, customise products that are listed for sale.
- Online view displays a size medium (or a size 10 womens)
- Save and share designs that you may have created
- Save images and designs into public or personal galleries.
1.1 EmergeAustralia Purchase / Refund Policies:
- The date of your purchase
- Your order number
- What you would like to return
- Why you want to return it
Once received we will organise a replacement or a refund ASAP.
WHAT CAN BE RETURNED
- Only Items that are faulty/damaged or have a faulty print may only be returned.
- No returns are accepted after 14 days of receipt of purchase.
- We do not accept items that have noticeable wear or makeup stains.
- Returns must also comply with our user agreement.
- Once an order has been placed online we cannot edit this order and we cannot cancel this order once it has been placed.
In the unlikely event you're unhappy with your product please follow these instructions to return / receive a new product: Email us at firstname.lastname@example.org with;
- The date of your purchase
- Your order number
- What you would like to return
- Why you want to return it
- A photo highlighting the fault/damage
Once we have received this email we will organise a replacement /refund for you if the order meets our user agreement/return policy. You may have to return the product back to EmergeAustralia.
We do not refund or exchange for change of mind, errors in approved proofs, errors from non 'print ready' artwork, shipping or stock delays or if the customer chooses the wrong garment size. # Note: sizing measurements online are within +-1.5cm, anything outside of this is faulty. Print dimension / print placement measurements are within +-2cm and anything outside of this is faulty. Proof approval is important and written approval is required before we can print a job. Payment of a job also constitutes approval.
Clients must ensure that the artwork, qty and shipping address is correct before payment is made. We do not accept returns for errors made by any of our couriers when we have dispatched to the correct address before the due date.
We guarantee our processing and printing timeframes on our orders, but in the unlikely event that there is an error due to the courier or Australia Post, we cannot take responsibility, but in this rare instance we can refund your shipping costs in full. If you order a rush express order and your location is rural, international or not covered by the Australia Post National Express Post Network then we cannot take responsibility for shipping timeframes. Please contact us so we can look after you, well before your due date. We want you to receive your garments on time and are only a phone call or an email away.
BYO AND SUPPLIED GARMENTS
BYO supplied garments & apparel are supplied at the customer’s risk.
Whilst print errors are rare, please remember that if a print or production error occurs on BYO apparel, replacement items cannot be sourced by us & will not be reimbursed. If you have concerns regarding BYO apparel, it is suggested that you instead choose items from product range, as replacements will be sourced for these items in the unlikely event of an error.
- Gentle cycle
- Wash inside out
- Do not tumble dry
- Dry in shade
Garments will not shrink if the correct washing guidelines on the t shirt labels are followed; if you believe the garment was washed correctly please send us an email following our return instructions. NOTE: ONLINE ORDERS OR ORDERS WHERE YOU UPLOAD YOUR OWN ARTWORK EmergeAustralia takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control. Please note that we cannot be responsible for:
- Spelling, punctuation or grammatical errors made by the customer.
- Mistakes that the client has approved after being sent a proof*
- If the artwork you as a client upload is low quality, and results in a poor print
- 5% difference in design printing colours & size
- 5% difference in the actual garment colours
- Errors in user-selected options such as product type or or size. *Please use our size guide for measurements of email us for advice.
- Garment shrinkage in wash
- Courier delivery timeframes
EmergeAustralia is not responsible for checking or modifying your artwork if you upload it directly to the site; to make changes such as; colour changes, background removal or design work please email email@example.com or call us to discuss artwork before uploading your image to our designer.
NOTE: WHOLESALE, SCREENPRINTING & EMBROIDERY ORDERS
All orders placed over the phone, email or in person are subject to the the same return procedure and also the Proof Approval Disclaimer. Proof Approval Disclaimer: Verbal agreement, payment of an invoice or emailing a reply with approval constitutes authority to proceed.
Clients are requested to check thoroughly before approving. We have taken the utmost care creating your artwork, however are not liable for client error. Due to the production process, colours, position, size & scale are indicative only.
1.2 EmergeAustralia Shipping Policies:
EmergeAustralia's standard delivery time is 7 business days. This is because all items are custom printed per order. We provide two types of rush order services wherein the customer can choose to have their item dispatched from us via our overnight service or our 4 day express service.
Same Day Rush Orders placed before 1pm on a given day will be dispatched the same day and arrive on the next business day if your location is within the Express Post Network. Orders placed after 1pm will be shipped out the following day. The 4 day express service will be shipped out within 4 business days following the date that the order was made.
We are not held responsible for any technical problems or freight carrier delays on deliveries of goods if we ship out on time (before 5:30pm on a business day). We provide tracking numbers on all purchases. Once shipped we are not liable for any loss or damage of goods in transit from any transportation service such as Australia Post & Capital Transport.
2 Using our EmergeAustralia Services and Website
2.1 Eligibility of Children Under 18
EmergeAustralia will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services provided by us.
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
- All telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
- The use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
- Complying with all laws, regulations and rules in the uses country or jurisdiction;
- Complying with any recommendations or guidelines issued by EmergeAustralia with respect to the use of the Website and/or services and
3.2 Restrictions on Users
Users shall not and has no right to either:
- Reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- Use either the Website to supply any service to any person; or
- Modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
- Access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
- Infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- Is libellous, defamatory or slanderous,
- Condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- Contains explicit sexual content,
- Does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- Is designed to or does harass, threaten, defame or abuse others,
- Exploits images or the likeness of minors,
- Encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- Is generally offensive or in bad taste;
- Use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
- Use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWARE ® Platform,
- Take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- Use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- Collect electronic mail addresses or other information from our Website,
- Impersonate another person or entity,
- Engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- Frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
- Upload or order content that is offensive to groups of people, especially minorities.
4. EmergeAustralia Obligations
4.1 Access to and use of the Website and Services
Disclosure to Third Party Service Providers and Online Partners. We will only disclose your information to relevant third party service providers and online partners; The Print Bar to print and send our product/s and to Pay Pal who accepts our payments.
User acknowledges that EmergeAustralia has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
EmergeAustralia reserves the right to modify the organisation, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. EmergeAustralia shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of Title
5.2 Prohibition on Infringement
User acknowledges and agrees that EmergeAustralia does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative Material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to EmergeAustralia an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EmergeAustralia of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EmergeAustralia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users Warranties
User represents and warrants to EmergeAustralia that, in its use of the Website and the Services provided, it:
- Will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
- Will comply with all applicable laws, rules, and regulations.
- User further represents and warrants to EmergeAustralia that:
- There are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
- EmergeAustralia will not be required to make any payments or compensation to any person in connection with its use of such content; and
- Such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 EmergeAustralias warranties
- Be uninterrupted or free of errors and inaccuracies;
- Meet users requirements; or
- Operate in the configuration or with the hardware or software used by user.
- User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
- EmergeAustralia does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which EmergeAustralia is not liable.
- EmergeAustralia does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of Implied Warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY EmergeAustralia, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No Representation or Reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
- liability for fraud or deceit; or
- liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by EmergeAustralia;
- accident, misuse or abuse by anyone other than EmergeAustralia;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than EmergeAustralia;
- products (including any hardware or software) or services not licensed or supplied by EmergeAustralia;
- power surge or failure
- events of force majeure or events outside EmergeAustralias actual control; or
- any other condition not arising under normal operating conditions;
- technical faults caused by our web host Deconetwork
- any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
- Subscribers liability to any person; or
- incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that EmergeAustralia has been advised of the possibility of any particular loss or damage.
EmergeAustralia may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that EmergeAustralia is not responsible for the operation of or content located on any such website, and EmergeAustralia cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against EmergeAustralia for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.