Terms and Conditions
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
1. Effective Date.
This Agreement was last updated on 6 March 2014.
2. Acceptance of Terms.
Colour Copy Centre (“CCC”) and its partners provide this site (www.colour copycentre.com.au) and the site-related services, (collectively, the “Site”) subject to your compliance with the terms and conditions set forth below (the “Agreement”). By using the Site and/or placing an Order, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement.
3. Changes in Terms & Conditions and the Site.
This Agreement outlines the legally binding terms for your use of the Site. We reserve the right to modify this Agreement from time to time, for any reason, without notice. You may identify whether we revised this Agreement by the Effective Date listed in Section 1 above. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed.
CCC shall also have the right at any time to: (1) change the Site, including limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature of the Site; or (2) change any prices, fees or charges for products or services offered through the Site. Such changes shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Site or transmission via electronic mail.
To submit orders you must register with our Site. In doing so, you represent and warrant that you are at least 13 years of age and the information contained therein is truthful and accurate. Your wilful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination.
During the registration process, you will specify your email address and a password (your “Login Credentials”). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to notify CCC immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. CCC has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to this Site through your password does so with your consent and approval.
5. User Conduct and Responsibilities.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations.
You represent and warrant that:
• You are an authorized user of this Site;
• Any materials you transmit through or otherwise post to the Site are not unlawful material, including without limitation matter that may be construed as invasion of privacy, violation of a right of publicity, a copyright, a patent, or a trademark infringement, and/or theft of trade secret or any other right of a person or party;
• All information that you provide to CCC when purchasing product or services on the Site is accurate and complete, including without limitation shipping information;
• You will pay all charges incurred by you or any other members of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases; and
• Your use of the Site does not violate any local law or regulation, and you shall be responsible for any such violation(s).
If you violate any of the terms in this Agreement, CCC may suspend or terminate your use of the Site.
7. Making Purchases
Customers may place Orders on the Site using CCC’s User Interface.
CCC’s pricing on the Site is determined by each unique Order.
8. Shipping & Handling
CCC sets its shipping and handling charges to cover our direct costs that include labour, freight, and packaging materials. These charges do not include any allocation of overheard costs such as facilities, sales expense, or the cost of general administration.
CCC receives preferential pricing from shipping partners due to our volume and location and these prices are typically much lower than what such partners would offer to their retail clients. These prices are the base rate upon which we calculate pricing to our clients. Handling fees cover the costs of packaging materials, shrink wrap, labels and the direct work to package and ship such materials.
All Shipping and Handling charges will be applied to each Order as applicable.
9. Establishing Credit Accounts
If you complete and return to CCC a credit order form, you may obtain services through the Site on account. CCC may, at its discretion, set credit limits for you and decline to provide services in excess of such limits. If you obtain services on account you will be invoiced by CCC for all services obtained through the Site and shall pay CCC such invoiced amount within thirty (15) days of the date of the invoice. All invoiced amounts not timely paid shall accrue interest at a rate of 1.5% per month (or, if lesser, the maximum amount permissible by law).
10. Void Where Prohibited
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. CCC reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such Product or service that it provides. Any offer for any Product or service made on the Site is VOID where prohibited.
11. Site Content and Intellectual Property.
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of CCC with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without CCC‘s prior written permission, except that the foregoing does not apply to your own material that you legally upload to the Site.
All contents on the Site are: Copyright (c); 2014 Digital Perfection Prints Pty Ltd (trading as Colour Copy Centre). All rights reserved. Colourcopycentre.com.au and colourcopycentere.com.au logo are trademarks of CCC. All trademarks and registered trademarks are protected by Australian and international trademark laws.
Nothing in this Agreement shall be construed as conferring any license or right to any CCC intellectual property, including without limitation CCC’s Print-On-Demand, printing, copying, duplication, collating, assembly, binding, storage, inventory, kitting, and delivery Services, whether by estoppel, implication or otherwise.
13. Disclaimer of Warranty; Limitation of Liability
The site (including any content contained within it), any product or service purchased through the site, and any software provided by CCC or its designees for use in connection with the site or with the products and services described on the site (the “software”), are provided on an “as is” basis.
CCC does not guarantee the results of address verification.
Under no circumstances shall CCC be liable to you on account of (i) any product or service offered or sold through the site, or (ii) your use or misuse of or reliance on the site. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages arising from any claim relating to this agreement or the subject matter hereof whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if CCC has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from any product or service offered or sold through the site, use or misuse of and reliance on the site, from inability to use the site, or from the interruption, suspension, or termination of the site (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of any goods, services, information, or advice received through or advertised on the site or received through any links provided in the site. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the site or any information or merchandise that appears on, or is linked or related in any way to, the site. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
In no event shall CCC’s aggregate liability, whether in contract, tort or under any other theory of liability arising from any order made through the site exceed the total price of such order.
You agree to indemnify and hold CCC, its director, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any material you upload to the Site, your use of the Site, your conduct in connection with the Site, or any violation of this Agreement or of any law or the rights of any third party.
You agree to indemnify and hold CCC harmless from any claims and to reimburse CCC for any fees or expenses that may be assessed (a) as a result of a recipient’s address being incorrect, (b) if the package has to be returned to CCC due to incorrect address information, and (c) if the package is requested to be reshipped. Any such fees and expenses will be assessed to your account.
A request for Signature Release on any package authorises CCC to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless CCC from any resulting claims.
i. Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
ii. The laws of New South Wales, Australia govern this Agreement and the parties agree to the nonexclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
iii. Failure by CCC to enforce any terms of this Agreement shall not be construed as a waiver of any of its rights.
iv. If any term of this Agreement is unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from this Agreement without affecting the enforceability of the remaining terms.
v. A notice provided under this Agreement must be in writing and handed personally or sent by facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile are deemed received on the date and time the facsimile machine confirms transmission. Email notification where specified within the agreement will be deemed acceptable.
vi. In this Agreement, unless the context clearly indicates otherwise:
a. “Agreement” means this agreement entered into for the provision of goods or services by CCC to the Customer and includes any document which varies, supplements, replaces, assigns or novates this agreement;
b. “Customer” means the person to whom any quotation is made and shall include any person contracting or offering to contract with CCC in accordance with this Agreement;
c. “goods” means any goods provided to the Customer by CCC or procured by CCC for the Customer and includes printing proofs (both conceptual and final), and any printed material or artwork;
d. “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
e. “Intellectual Property” means copyright, patents, designs or trademarks (whether registered or unregistered), rights in confidential information (including trade secrets and know how), and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, whether conferred under statute, common law or equity;
f. “services” means the provision by CCC to the Customer of any services including graphic design and printing;
g. a reference to legislation or a legislative provision includes any statutory modification, or substitution of that legislation or legislative provision;
h. a reference to a person includes a natural person, corporation, statutory corporation, partnership or any other organisation or legal entity;
i. a reference to a natural person includes their personal representatives, successors and permitted assigns;
j. an obligation or warranty on the part of 2 or more persons binds them jointly and severally and an obligation or warranty in favour of 2 or more persons benefits them jointly and severally;
k. including and includes are not words of limitation; a reference to a time is to that time in New South Wales, Australia;
l. monetary amounts are expressed in Australian dollars;
m. the singular includes the plural and vice-versa
n. Use of Promotional Codes. CCC may from time to time make promotional codes available to specific users for the purpose of providing certain discounts or other special offers. These codes have not been authorized by CCC for general public use. By using a CCC promotional code, you represent and warrant that you have been authorized by CCC to utilise the promotional code. CCC reserves the right to refuse any and all use of a promotional code due to unauthorised use or any other misuse.